Question 1

The Unlawful Internet Gambling Enforcement Act of 2006 aimed at ________.

Accepted Answer

The Unlawful Internet Gambling Enforcement Act of 2006 aimed at reducing the flow of money by making it illegal for banking institutions to process transactions related to online gambling. This was intended to hinder the ability of online gambling sites to operate and potentially shut them down.

Question 2

Prior to the 1950s, traditional notions of decency and obscenity were governed by an obscenity statute originally developed in 1868 in Regina v.Hicklin.

Accepted Answer

This statement is true. The obscenity statute developed in Regina v. Hicklin was used to determine what was considered obscene and offensive in literature and publications. It wasn't until the 1950s and 1960s that these traditional notions began to shift with changes in the legal and cultural landscape.

Question 3

The PROTECT Act retained the statutes of limitations for child abduction or child abuse.

Accepted Answer

The PROTECT Act of 2003 eliminated the statute of limitations for child abduction and child abuse crimes, allowing for the prosecution of these offenses regardless of how much time has passed since their commission.

Question 4

In an effort to tighten prohibitions of child pornography on the federal level, Congress replaced the Protection of Children against Sexual Exploitation Act of 1977 with the Child Pornography Prevention Act of 1996.

Accepted Answer

The answer of In an effort to tighten prohibitions of...

Question 5

Which of the following is NOT included in the PROTECT act as an addition to the provisions in the Child Pornography Protection Act?

Accepted Answer

The answer of Which of the following is NOT included...

Question 6

The Protection of Children Against Sexual Exploitation Act of 1977 did not expressly prohibit explicit depictions of children which did not have redeeming social value.

Accepted Answer

The Protection of Children Against Sexual Exploitation Act of 1977 expressly prohibited any explicit sexual depiction of children, regardless of whether it had redeeming social value, focusing on the protection of minors from sexual exploitation.

Question 7

In Ashcroft v.Free Speech Coalition, the court ruled that the Child Pornography Prevention Act violated the First Amendment because it lacks the required link between its prohibitions and the affront to community standards prohibited by the definition of obscenity.

Accepted Answer

The statement accurately reflects the ruling of the court in Ashcroft v. Free Speech Coalition.

Question 8

The Child Pornography Prevention Act was designed to replace the PROTECT Act.

Accepted Answer

The Child Pornography Prevention Act (CPPA) was introduced in 1996, while the PROTECT Act was introduced in 2003 as an amendment to the CPPA. The PROTECT Act did not replace the CPPA, but instead expanded upon it with additional provisions and penalties.

Question 9

Which of the following ruled that PROTECT prohibited a substantial amount of protected speech?

Accepted Answer

The Eleventh Circuit ruled that PROTECT (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act) prohibited a substantial amount of protected speech, focusing on its implications for free speech and the overbreadth of the law in relation to its intended purpose of protecting children.

Question 10

The large majority of legal issues associated with technology-specific legislation involve ________.

Accepted Answer

The correct answer is B) the First, Fourth, and Fourteenth Amendments. These amendments often come into play in technology-related legal issues due to concerns about free speech, privacy, and equal protection under the law.

Question 11

The Child Pornography Prevention Act of 1996 was enacted to prohibit virtual child pornography, arguing in part that the very existence of child pornography, real or not, increases child molestation and pedophilia.

Accepted Answer

The Child Pornography Prevention Act of 1996 did indeed prohibit virtual child pornography and cited the argument that the existence of such materials could increase child molestation and pedophilia.

Question 12

The Supreme Court in New York v.Ferber held that states are granted more leeway in the regulation of pornographic depictions of children than in the regulation of obscenity because the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.

Accepted Answer

The statement accurately reflects the holding of the Supreme Court in New York v. Ferber, which established that the government has a compelling interest in protecting children from the harms that can result from the production and distribution of child pornography. As a result, courts have given states more leeway in regulating child pornography than in regulating other forms of sexually explicit material.

Question 13

Traditionally, in the United States, the government relied upon the Travel Act of 1961 to prosecute online sports wagering and bookmaking activities.

Accepted Answer

The Travel Act of 1961 did not specifically mention online sports wagering or bookmaking activities since they did not exist at the time. Instead, the government relied on other laws such as the Wire Act and the Unlawful Internet Gambling Enforcement Act (UIGEA) to prosecute these activities.

Question 14

Which of the following did the government traditionally rely upon to prosecute online sports wagering and bookmaking activities?

Accepted Answer

The government traditionally relied upon the Wire Act to prosecute online sports wagering and bookmaking activities. The Wire Act prohibits the use of wire communication facilities to transmit bets or wagers on sporting events or contests.

Question 15

In FCC v.Pacifica Foundation, the Court ruled that the broad-based nature of radio communication mandated a greater level of scrutiny because it was more accessible to children.

Accepted Answer

The Court ruled that the broad-based nature of radio communication mandated a greater level of scrutiny because it was more accessible to children.

Question 16

The Child Pornography Prevention Act of 1996 prohibited material that appears to be or conveys the impression of child pornography.

Accepted Answer

The Child Pornography Prevention Act of 1996 did indeed prohibit material that appears to be or conveys the impression of child pornography.

Question 17

The Court held in Sable Communications, Inc.v.FCC and Turner Broadcasting System, Inc.v.FCC that telephone communications and cable broadcasts are entitled to the same level of First Amendment protection.

Accepted Answer

In Sable Communications, Inc. v. FCC, the Supreme Court held that telephone communications (specifically, sexually explicit phone services) are entitled to First Amendment protection, but it did not equate this directly with the level of protection for cable broadcasts. In Turner Broadcasting System, Inc. v. FCC, the Court dealt with cable television, emphasizing the importance of content-neutral regulations and the unique considerations for cable broadcasts, thus differentiating the level and nature of First Amendment protections applicable to each medium.

Question 18

In Osborne v.Ohio, the Court upheld the petitioner's interpretation and application of Stanley v.Georgia, which prohibited a state from limiting the private possession of child pornographic materials.

Accepted Answer

In Osborne v. Ohio, the Court rejected the petitioner's interpretation and application of Stanley v. Georgia, and upheld Ohio's law that criminalized the possession and viewing of child pornography. The Court recognized that the state has a compelling interest in prohibiting child pornography, which harms the children involved in its production and perpetuates the demand for such exploitation.

Question 19

The Communications Decency Act criminalized any obscene communication to a minor recipient.

Accepted Answer

The Communications Decency Act did include a provision that criminalized the transmission of obscene or indecent material to minors on the internet. However, this provision was struck down by the Supreme Court in 1997 in Reno v. ACLU as a violation of the First Amendment.

Question 20

The most common judicial challenges facing computer crime investigators include inconsistent interpretations and applications of the First, Second, and Thirteenth Amendments to emerging advancements in technology.

Accepted Answer

The most common judicial challenges in computer crime investigations typically involve the Fourth Amendment, which deals with search and seizure, rather than the First, Second, or Thirteenth Amendments.

Quiz 8: Applying the First Amendment to Computer-Related Crime