Term
| What is the definition of Crime? |
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Definition
| Offensive act against society and violates law punishable by govt |
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Term
| What is the definition of Criminal Law? |
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Definition
| Law that protect the public, hima life or private property |
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Term
| What is the definition of statutes? |
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Definition
| rules that define criminal law |
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Term
| What is the definition of civil Law? |
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Definition
| Injured parties can bring lawsuit to seek compensation for damages |
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Term
| What are some characteristics of criminal cases? |
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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 |
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Term
What 3 roles can Computer/electronic devices play in Crime?
1.
2.
3. |
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Definition
*target
*instrument
*Fruit |
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Term
| What does the Digital Millennium Copyright Act make illegal? |
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Definition
*circumventing access controls
*Manufacturing or Trafficking/selling technology that circumvents access control
*Manufacturing or trafficking technology that is used to circumvent copy protections |
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Term
| What are 2 things that are felony undet The Virginia Computer Crimes Act. |
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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. |
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Term
| What is the standard of proof to get a search warrant? |
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Definition
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Term
| What is the standard of proof for a subpoenas? |
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Definition
| *Low standard *subject to legal/prosecutorial discretion |
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Term
| In order to obtain a search warrant, uou must prsent the judge or magistrate with a__________________ that explains your probable cause |
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Definition
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Term
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Definition
| Device that records outgoing communications |
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Term
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Definition
| Court summons to request for evidence |
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Term
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Definition
| device that reocrds incoming communications |
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Term
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Definition
| Court authorization to arrest or seize evidence |
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Term
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Definition
| legal term refers to intent or knowledge |
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Term
| What is a protected computer? |
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Definition
| Any computer connected to the internet. |
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Term
| What was the first major cybercrime law? |
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Definition
| The CFAA- Computer Fraud and Abuse Act |
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Term
| In terms of Intellectual Property Software is usually __________ while hardware is usually___________. |
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Definition
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Term
| What are the 3 big points of the CFAA-Computer Fraud and Abuse Act? |
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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 |
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Term
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Definition
| Electronics Communication privacy Act |
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Term
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Definition
| Digital Millennium Copyright Act |
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Term
| What does DMCA make illegal? |
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Definition
| circumventing access controls |
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Term
| Does DMCA cover copyright controls? |
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Definition
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Term
| What does the NET Act do? |
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Definition
| Provides Criminal Prosecution of individuals who engage in copyright infringement. Even if there was no monetary gain. |
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Term
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Definition
| Controlling the Assault of Non-Solicited Pornography and Marketing Act |
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Term
| What do federal obscenity Law Prohibit? |
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Definition
| *prohibit transfer of obscene material to minors * Prohibit visual representation of sexual abuse of children. |
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Term
| What rights to persons have as a copyright holder? |
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Definition
| *right of distribution *right of attribution/integrity *right to perform/display works * right to control of derivative works |
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Term
| What 2 things need to present for an act to be considered a crime? |
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Definition
*Act Violates a criminal law
*Gov't is party who seeks punishment |
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Term
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Definition
*Private/civil wrong
*Offense against individual |
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Term
| In civil law do people have the authority to seize evidence like the government? |
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Definition
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Term
| What are the 3 different types of Torts? |
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Definition
*intentional-meant to inflict injury
*Negligence
*Strict liability-owning a dangerous animal |
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Term
| What does FISA deal with? and communications does it apply to? |
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Definition
*Wire Taps.
*Any communications to or from oversees can be tapped by the govt without court supervision. |
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Term
| ________________ This law extends wiretas laws to computer communications |
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Definition
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Term
| What is the significance of the ECPA - Electronic Communications Privacy Act? |
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Definition
| Law applies title 3 wiretap laws to computer communications |
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Term
| How did the 2001 USA Patriot Act effect trap and trace? |
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Definition
| expanded provisions to the internet |
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Term
| The 2001 USA Patriot Act Allows for _______wire taps? |
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Definition
| Roving and sneek and peek secret searches |
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Term
| How does the sixth amendment effect forensic examiners? |
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Definition
| Determines jurisdiction and you will to testify in court(Confrontation of Witness) |
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Term
| When does a state have jurisdiction? (2 things) |
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Definition
*State Law is broken
*Crime takes place within that state
(Conspiracy comes in too) |
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