MOD 22 Flashcards

1
Q

Which legal cases are brought by the government and the standard proof is “beyond a reasonable doubt?”

A

Criminal cases

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2
Q

Which legal cases are brought by the victim and the standard proof is “the preponderance of evidence?”

A

Civil case

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3
Q

A warrant requires convincing a judge that?

A
  • a crime was committed
  • evidence of crime exists
    *evidence can be found at place
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4
Q

Warrantless searches happen if:

A
  • Plain view
    *Consent
    *Exigency
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4
Q

What are some hearsay exceptions?

A

Business records, computer generated data, and computer stored data

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4
Q

What is a statement made in court that repeats a statement made out of court?

A

Hearsay

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5
Q

Which evidence ESTABLISHES a fact?

A

Direct evidence

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5
Q

Which evidence SUGGESTS a fact?

A

Circumstantial evidence

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5
Q

Which Act covers 1030 of Title 18 of the US Code that was adopted in 1986?

A

Computer Fraud and Abuse Act

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6
Q

Which Sectin makes cybercrime illegal as a criminal act AND a civil action for victims?

A

Section 1030(a)

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7
Q

Which Section 1030(a) makes accessing a protected computer without authorization a federal crime? (fraud)

A

1030(a)(4)

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8
Q

Which Section 1030(a) makes transmitting code that damages a protected computer a federal crime? (malware)

A

1030(a)5)

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9
Q

Which Section 1030(a) makes trafficking passwords that can access passwords a federal crime? (Trafficking access)

A

1030(a)(6)

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10
Q

Which Section 1030(a) makes using computer technoology to commit extortion a federal crime? (extortion)

A

1030(a)(7)

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11
Q

Which section 1030 makes it a federal crime to attempt 1030(a) crimes?

A

1030(b)

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12
Q

Which Section 1030(e) gives the term for “computer”?

A

1030(e)(1)

13
Q

Which Section 1030(e) gives the term for “protected computer”?

A

1030(e)(2)

14
Q

Which Section 1030(e) gives the term for “damage”?

A

1030(e)(3)

15
Q

Which Section 1030(e) gives the term for “loss”

A

1030(e)(11)

16
Q

Which Section 1030(e) gives the term for “exceeds authorized access”?

A

1030(e)(6)

17
Q

Which law has all states prohibit hacking?

A

State Cybercrime Law

18
Q

For State Cybercrime Law, what is prohibited by most states?

A

Malware

19
Q

For State Cybercrime Law, what is a distinct form of forgery in some states?

A

Computer forgery

20
Q

Which Amendment states that people have the right to be free from unreasonable searches and seizures?

A

4th Amendment

21
Q

Which court case stated that wire tapping is an invasion of privacy?

A

Katz vs US 1969

22
Q

Which court case ruled that metadata is not private?

A

Smith v Maryland (1979)

23
Q

What is everything you press after you make the phone call?

A

PCTDD (post cut-through dialed digits)

24
Q

Which court case ruled that thermal imaging of a home was a violation of the 4th Amendment?

A

Kyllo v US (2001)

25
Q

Which Amendment states that no one can be “compelled to be a witness against himself”?

A

5th Amendment

26
Q

For the 5th Amendment, it must have which 3 elements?

A

1) Compulsion
2) Complusion to get testimony
3) testimony must be incriminating

27
Q

________ keys that are remembered can’t be compelled

A

encyrption