Deck 9: A: Criminal Law and Cyber Crimes

Question 1

Any crime that requires knowledge of computer technology for its perpetration is a computer crime.

Answer 1

True

Question 2

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Answer 2

True

Question 3

Identity theft occurs when a wrongdoer steals another's form of identification.

Answer 3

True

Question 4

Most criminal liability depends on the performance of a prohibited act.

Question 5

The crime of theft does not require that the perpetrator know whatever is taken belonged to another.

Question 6

Fraud has occurred online only by e-mail.

Question 7

Phishing occurs when a criminal poses as a member of the rock group Phish.

Question 8

There is at least one circumstance in which a person cannot refuse to testify.

Question 9

Hackers sometimes rent their "crimeware" as a service.

Question 10

Most crimes must be prosecuted within a certain number of years.

Question 11

Under the exclusionary rule,all evidence must be included in a criminal prosecution.

Question 12

Because embezzlement is considered a white-collar crime,it cannot be considered a computer crime.

Question 13

In cyberspace,thieves are as subject to physical limits as they are in the "real" world.

Question 14

The only defense to criminal liability that justifies the use of force is self-defense.

Question 15

Any crime committed with a computer is a cyber crime.

Question 16

Stealing software is not a crime.

Question 17

A business takes a risk by electronically storing its customers' credit account numbers.

Question 18

Many Web sites use "cookies" to collect data on those who visit their sites.

Question 19

Jurisdiction can be a key issue in a case involving a cyber crime.

Question 20

Computer fraud is a state,not a federal,crime.

Question 21

Travis sends Ursula a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis.He uses the data to obtain her personal information and access her financial resources.This is

A)identity theft.
B)no crime.
C)regifting.
D)Windows shopping.

Question 22

Omar sends Nell an e-mail ad touting software that will cloak its user in "the anonymity of the Internet." Nell pays Omar for the software,which is never delivered to her.This is online

A)auction fraud.
B)puffery.
C)retail fraud.
D)frustration but not fraud.

Question 23

In relation to Edie's solicitation of investors in a nonexistent business,she is charged with "mail fraud." This requires,among other things,

A)claiming that an item is "in the mail" when it is not.
B)deceiving postal authorities as to the content of an item of mail.
C)depositing items in the postal system without proper postage.
D)mailing or causing someone else to mail a writing.

Question 24

Ethan,the president of Financial Investments,Inc.(FII),and Gina,FII's account?ant,are charged with a crime,after the police search FII's offices.Under the exclusionary rule

A)certain FII records are excluded from subpoena by the government.
B)certain parties to a criminal action may be excluded from a trial.
C)illegally obtained evidence must be excluded from a trial.
D)persons who have biases that would prevent them from fairly de?cid?ing the case may be excluded from the jury.

Question 25

Iggy uses his computer to break into Hye Technology Company's computer.Iggy is

A)a hacker.
B)a bot.
C)a botnet.
D)a worm.

Question 26

Page points a knife at Ray's daughter,threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation,his employer.Charged with theft,Ray can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 27

On the orders of their corporate employer,Della and Efron,employees of Fabulous Fashionista,a clothing store,switch trademarks on clothing that comes into the store to be sold to consumers.This is most likely

A)forgery.
B)larceny.
C)robbery.
D)no crime.

Question 28

Smitty,driving while intoxicated,causes a car accident that results in the death of Tiffany.Smitty is arrested and charged with a felony.A felony is a crime punishable by death or imprisonment for

A)any period of time.
B)more than one year.
C)more than six months.
D)more than ten days.

Question 29

Jared uses his computer to secretly install software on thousands of personal computers without their owners' knowledge.The program can reproduce itself and spread from one computer to another via any USB port.This program is

A)a hacker.
B)a bot.
C)a virus.
D)a worm.

Question 30

Desi reaches into Edna's pocket and takes her money,without her consent and without her immediate awareness.Unlike robbery,picking pockets does not involve

A)breaking and entering.
B)force or fear.
C)large amounts of money.
D)weapons.

Question 31

Val,the owner of Wild Wheels,a bicycle store,trusts Xavier to manage the store's daily cash flow.One night,without Val's knowledge or consent,Xavier takes and keeps $500 from the receipts.This is most likely

A)embezzlement.
B)larceny.
C)robbery.
D)no crime.

Question 32

Mike is arrested at a warehouse in North Industrial Park.A government prosecutor issues a formal charge against Mike for receiving stolen property.This charge is

A)an arraignment.
B)an indictment.
C)an information.
D)an inquisition.

Question 33

Swinborn sells "Tyger" steroids over the Internet.He is arrested and charged with the sale of a controlled substance.This is cyber crime,which is

A)a crime in which the letter "y" is used in the misspelling of a word.
B)a crime that occurs in the virtual community of the Internet.
C)a crime that is less real than the same crime in the physical world.
D)no crime.

Question 34

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock,puts the carton in his car,and drives away.This is

A)burglary.
B)robbery.
C)larceny.
D)no crime.

Question 35

Ilise,an employee of Pyro Displays,Inc. ,pays Gavin,an employee of Pyro's competi?tor Fire Worx Company,for a secret Fire Worx pricing schedule.This may be

A)an effective marketing strategy.
B)commercial bribery.
C)creative legal bookkeeping.
D)money laundering.

Question 36

Patricia commits an act via e-mail against Othman Finance Company,a business in California,where the act is a cyber crime.Patricia resides in New York where the act is not a crime.Prosecution of Patricia in California involves questions of

A)jurisdiction.
B)"maximum contacts."
C)the immunity of Internet service providers.
D)encryption.

Question 37

Jesse arrests Imelda on suspicion of embezzlement.According to the United States Supreme Court in Case 9.2,Miranda v.Arizona,Imelda must be apprised of certain of her rights

A)after any questioning.
B)at any time during questioning.
C)only in the absence of questioning.
D)prior to any questioning.

Question 38

Posing as Sterling Bank,Roxanne e-mails Quentin,asking him to update his personal banking information by calling a certain phone number.He makes the call and supplies the data,which Roxanne promptly sells to Porcio.This is

A)no crime.
B)employment fraud.
C)phishing.
D)vishing.

Question 39

Boris programs software to prompt a computer to continually crash and reboot.Boris's goal is to install this program on various companies' computer systems without the companies' knowledge.The program can reproduce itself,but must be attached to a host file to travel from one computer network to another.This program is

A)a hacker.
B)a bot.
C)a virus.
D)a worm.

Question 40

Ludwig receives from Milo a marimba stolen from Nadine.To be criminally liable,Ludwig must know

A)Milo.
B)Nadine.
C)the marimba is stolen.
D)what a marimba is.

Question 41

Ron is an accountant in Standard Business Company's accounting de?partment.Ron's daughter's college tuition is due within a week,or she cannot continue taking classes.To meet the due date,Ron transfers funds from Standard to a fictitious bank account,planning to repay the firm within one month.The transfer is discovered before the firm is re?paid,and Ron is arrested.What crime,or crimes,if any,has Ron committed?

Question 42

Kino sees a DVD player on the porch of Lulu's house,takes the player to his home,and tells everyone he owns it.Maya,holding a knife,forces Nick to give her his boom box,and runs away with it.Ollie breaks into Pam's apartment,takes a computer,and leaves.Quico sells Randi an expensive wristwatch for a fraction of its value,admitting that the watch is stolen property but claiming that he is not the thief.Which of these acts are crimes,and what are the differences among them?