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Computer Crime Lecture 2
Computer Crime Lecture 2
39
Criminal Justice
02/28/2011

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Cards

Term
What is the definition of Crime?
Definition
Offensive act against society and violates law punishable by govt
Term
What is the definition of Criminal Law?
Definition
Law that protect the public, hima life or private property
Term
What is the definition of statutes?
Definition
rules that define criminal law
Term
What is the definition of civil Law?
Definition
Injured parties can bring lawsuit to seek compensation for damages
Term
What are some characteristics of criminal cases?
Definition
*Brought on by the gov't *Deter crime/punish criminals for criminal statute violations *Law Enforcement can seize evidence build case *Prove case beyond a reasonable doubt
Term

What 3 roles can Computer/electronic devices play in Crime?

 

1.

 

2.

 

3.

Definition

*target

*instrument

*Fruit

Term
What does the Digital Millennium Copyright Act make illegal?
Definition

*circumventing access controls

 

*Manufacturing or Trafficking/selling technology that circumvents access control

 

*Manufacturing or trafficking technology that is used to circumvent copy protections

Term
What are 2 things that are felony undet The Virginia Computer Crimes Act.
Definition

*Felony to use a computer to: commit fraud, maliciously access a computer without authorization and damage, copy, or remove files

*It is a misdemeanor to use a computer to examine private files without authorization.

Term
What is the standard of proof to get a search warrant?
Definition
probable cuase
Term
What is the standard of proof for a subpoenas?
Definition
*Low standard *subject to legal/prosecutorial discretion
Term
In order to obtain a search warrant, uou must prsent the judge or magistrate with a__________________ that explains your probable cause
Definition
Affidavit
Term
What is a pen register?
Definition
Device that records outgoing communications
Term
What is a subpoena
Definition
Court summons to request for evidence
Term
What is trap and trace?
Definition
device that reocrds incoming communications
Term
What is a warrant?
Definition
Court authorization to arrest or seize evidence
Term
What is a scienter?
Definition
legal term refers to intent or knowledge
Term
What is a protected computer?
Definition
Any computer connected to the internet.
Term
What was the first major cybercrime law?
Definition
The CFAA- Computer Fraud and Abuse Act
Term
In terms of Intellectual Property Software is usually __________ while hardware is usually___________.
Definition
*copyrighted
*Patented
Term
What are the 3 big points of the CFAA-Computer Fraud and Abuse Act?
Definition

*Its illegal to access a protected computer without authorization or exceeding authorization ->IE hacking

 

*Its illegal to transmit code that could damage a protected computer-> IE viruses, worms

 

*It’s a federal misdemeanor to traffic passwords

Term
What is the ECPA?
Definition
Electronics Communication privacy Act
Term
What is the DMCA?
Definition
Digital Millennium Copyright Act
Term
What does DMCA make illegal?
Definition
circumventing access controls
Term
Does DMCA cover copyright controls?
Definition
No
Term
What does the NET Act do?
Definition
Provides Criminal Prosecution of individuals who engage in copyright infringement. Even if there was no monetary gain.
Term
What is CAN SPAM Act?
Definition
Controlling the Assault of Non-Solicited Pornography and Marketing Act
Term
What do federal obscenity Law Prohibit?
Definition
*prohibit transfer of obscene material to minors * Prohibit visual representation of sexual abuse of children.
Term
What rights to persons have as a copyright holder?
Definition
*right of distribution *right of attribution/integrity *right to perform/display works * right to control of derivative works
Term
What 2 things need to present for an act to be considered a crime?
Definition
*Act Violates a criminal law
*Gov't is party who seeks punishment
Term
What is a tort?
Definition
*Private/civil wrong
*Offense against individual
Term
In civil law do people have the authority to seize evidence like the government?
Definition
No
Term
What are the 3 different types of Torts?
Definition
*intentional-meant to inflict injury
*Negligence
*Strict liability-owning a dangerous animal
Term
What does FISA deal with? and communications does it apply to?
Definition
*Wire Taps.
*Any communications to or from oversees can be tapped by the govt without court supervision.
Term
________________ This law extends wiretas laws to computer communications
Definition
ECPA
Term
What is the significance of the ECPA - Electronic Communications Privacy Act?
Definition
Law applies title 3 wiretap laws to computer communications
Term
How did the 2001 USA Patriot Act effect trap and trace?
Definition
expanded provisions to the internet
Term
The 2001 USA Patriot Act Allows for _______wire taps?
Definition
Roving and sneek and peek secret searches
Term
How does the sixth amendment effect forensic examiners?
Definition
Determines jurisdiction and you will to testify in court(Confrontation of Witness)
Term
When does a state have jurisdiction? (2 things)
Definition
*State Law is broken
*Crime takes place within that state
(Conspiracy comes in too)