Deck 13: Cyber Evidence and Demonstrative Evidence in the Pursuit of Justice

Question 1

Cyber-criminality is especially attractive to those who will commit which of the following crimes?

A) Fraud
B) Theft
C) Misappropriate of funds
D) All of the above

Answer 1

All of the above

Question 2

Problems associated with prosecution of computer crimes include all but one of the following:

A) Lack of reporting
B) Jurisprudential consistency
C) Judicial ignorance
D) Intangibility and volatility

Answer 2

Jurisprudential consistency

Question 3

Additional expenses or reduction of expenses to law enforcement for forensic software and associated hardware include which of the following except:

A) Physical housing environments to store volatile digital evidence
B) Additional personnel
C) Fewer patrol officers
D) Extensive training of computer investigator

Answer 3

Fewer patrol officers

Question 4

Both private and public entities are reluctant to disclose their victimization because:

A) Fear of losing control to law enforcement agents (i.e. loss of secrecy)
B) Perception that reporting will not result in the capture or identification of a suspect
C) Jurisdictional uncertainty
D) All of the above

Question 5

Perceptions of computer crime include the misconception that the vast majority of online deviance is:

A) Identity theft
B) Child pornography
C) Bank fraud
D) None of the above

Question 6

Prosecuting attorneys have displayed great reluctance in pursuing computer-related criminals because of which of the following reasons?

A) Lack of cooperation associated with extradition requests involving computer-related crime.
B) Victims have often displayed equal reluctance in cooperation
C) Labor intensive nature of case preparation
D) All of the above

Question 7

Prior to passage of the Federal Computer System Protection Act, federal statues within what Title of the United States Code was used by law enforcement.

A) 10 U.S.C
B) 13 U.S.C
C) 18 U.S.C
D) 20 U.S.C

Question 8

Which of the following legislation has not increased the scope and authority afforded to law enforcement?

A) Computer Fraud and Abuse Act
B) Federal Computer Systems Protection Act
C) Electronic Communications Privacy Act
D) Privacy Protection Act

Question 9

Which of the following Act addresses "sneak and peak" warrants?

A) Privacy Protection Act
B) Electronic Communications Privacy Act
C) Patriot Act
D) None of the above

Question 10

The most common judicial challenges confronting the prosecution of computer crime involve the:

A) 1^st and 3^rd Amendments
B) 1^st and 4^th Amendments
C) 1^st and 6^th Amendments
D) 1^st and 5^th Amendments

Question 11

Which of the following Supreme Court cases created a three-pronged test for analysis of questioned material affecting the 1^st Amendment?

A) Miller v. California
B) Ashcroft v. Free Speech Coalition
C) New York v. Ferber
D) United States v. Carey

Question 12

There are how many general categories of searches which do not require the presence of a warrant:

A) Three
B) Four
C) Five
D) Six

Question 13

The admissibility of demonstrative evidence is contingent upon a variety of factors including all but one of the following?

A) Dissatisfaction of the foundational requirements
B) A demonstration of relevancy, materiality, and competency
C) A demonstration that the item is more probative than prejudicial
D) The need for illustration of tangible evidence, which has met the legal requirement for admissibility

Question 14

Trial judges must determine whether a photograph or recording satisfies the legal requirement of:

A) Relevancy
B) Materiality
C) Competency
D) All of the above

Question 15

Courts have consistently held that gruesome photographs may be admitted if the potential is outweighed by the probative value. Justification for their introduction include all but one of the following?

A) Explain medical examiners testimony
B) Show lack of intent
C) Show identity of victim
D) Demonstrate the manner of death or the locations of wounds

Question 16

Computer forensic software packages enable investigators to do all but:

A) Identify viruses
B) Identify back doors
C) Identify cryptic passwords
D) Identify Trojan horses

Question 17

Computer-generated evidence has been admitted into criminal courts as:

A) Substantive evidence
B) Demonstrative evidence
C) Both a and b
D) None of the above

Question 18

A graphic representation of a static object, like a knife or gun is a:

A) Simulation
B) Computer animation
C) Computer enhancement
D) None of the above

Question 19

The use of courtroom staples like chalkboards and easels has become all but obsolete as courtrooms are increasingly equipped with:

A) Overhead projectors
B) Pull down screens
C) Computer monitors
D) All of the above

Question 20

The emergence of the Internet and the increasingly globalization of commerce and politics has not dramatically affected all areas of life in the United States.

Question 21

Police executives, like the general public, often perceive computer crime and the individuals associated with same as relatively harmless and not an immediate threat to their community.

Question 22

The vast majority of Fortune 500 companies have been electronically compromised to the tune of over $10 million/year.

Question 23

Within both the law enforcement culture and the general community there exists the perception that computer crime and technological perpetrators are extremely dangerous.

Question 24

Many stereotypes and caricatures regarding computer criminals depict a socially and physically challenged individual finding solace behind the anonymity of cyberspace.

Question 25

The legal element of vicinage has traditionally required the specification of a physical, not virtual, crime scene.

Question 26

The Computer Fraud and Abuse Act was passed in 1977.

Question 27

The U.S. Patriot Act in the fall of 2001heralded significant changes to the manner in which electronic evidence was collected.

Question 28

Under federal law, a "minor" is any individual under the age of sixteen.

Question 29

Networked computers are not immune from consent searches, as even system administrators may not have access to all files.

Question 30

Demonstrative evidence may not be viewed as a substitute for real evidence in matters in which illustration or visual presentation is necessary for clarification.

Question 31

Photographs and recordings may only be admitted in cases in which the particular item in question satisfies the parameters articulated in the "Best Evidence rule."

Question 32

American lawyers are reluctant in using software packages instead of writing instruments and hard surfaces in court.

Question 33

The primary advantage to computer-generated maps is the relative ease for alteration and the potential for customization of evidence.

Question 34

One type of demonstrative evidence, which has been heavily influenced by the introduction of technology, involves crime scene sketches.

Question 35

Online fund misappropriation simply requires a personal computer with a single central processing unit and a __________.

Question 36

The vast majority of Fortune 500 companies have been _____________ compromised to the tune of over $10 billion a year.

Question 37

Online banking and money transfers have greatly ___________ the possibilities available to the criminally minded.

Question 38

Prior to passage of the Federal Computer Systems Protection Act federal statues Title ________ of the United States Code was used by law enforcement.

Question 39

The Computer Fraud and Abuse Act was passed in _____________.

Question 40

The introduction of the U.S. Patriot Act in the fall of ____________ heralded significant changes to the manner in which electronic evidence was collected.

Question 41

Under federal law, a "minor" is any individual under the age of________.

Question 42

Photographs and recordings may only be admitted in cases in which the particular item in question satisfies the parameters articulated in the ____________ Evidence Rule.

Question 43

____________ photography has entered all facets of American life and is used both for personal and commercial use.

Question 44

Computer _________ is simply a graphic representation of a static object, like a knife or gun.

Question 45

Match up the terminology to the definitions :

-Cyber evidence

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 46

Match up the terminology to the definitions :

-Computer animations

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 47

Match up the terminology to the definitions :

-Computer simulations

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 48

Match up the terminology to the definitions :

-Title 18

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 49

Match up the terminology to the definitions :

-Electronic Communications Privacy Act of 1986

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 50

Match up the terminology to the definitions :

-US PATRIOT Act

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 51

Match up the terminology to the definitions :

-Problem prosecuting computer crime

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 52

Match up the terminology to the definitions :

-Particularity

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 53

Match up the terminology to the definitions :

-Demonstrative evidence

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 54

Match up the terminology to the definitions :

-Cybercrime

A) In search warrants the specificity of place, time and actual items to be searched or seized.
B) Involve conclusive or deductions reported by a computer and are contingent largely upon proper data entry and analysis.
C) Evidence that exists primarily in electronic form and is accessed solely through electronic means.
D) Expanded the Privacy Protection Act of 1980 to include email.
E) 2001 heralded significant changes to the manner in which electronic evidence is collected.
F) Portion of the U.S. code which constitutes the criminal and penal code of the federal government.
G) Any criminal activity involving a computer
H) Graphic representations of static objects.
I) Inadequate resources and lack of reporting
J) Evidence that illustrates or clarifies oral testimony in a criminal proceeding.

Question 55

Explain demonstrative evidence. What purpose does it serve and how is it used in the courtroom?

Question 56

In the late 70s it was realized that there was a need for computer-specific statues. Discuss some of the Acts and statutes created to address computer related crime.

Question 57

Photographs and videos are examples of demonstrative evidence. Technology has changed this type of evidence. Discuss how photography and videos are used today in criminal court and address the positives and any negatives about these changes.

Question 58

Visit the website
www.fbi.gov and search cybercrime. Find some interesting facts, cases, changes in technology, updates, or other items surrounding cybercrime and the FBI. Be prepared to share your findings.

Question 59

A number of problems are associated with prosecuting computer crime. Pick two problems and state why they are a problem and discuss possible solutions for these problems.