Both federal and state laws spell out the specifics of cybercrime. According to these laws:
A) accessing the services of a commercial service provider without paying fees is a crime
B) only an individual may face liability based on the use of electronic communication; corporations are out of their purview
C) a corporation is not liable for the online activities of its employees
D) altering or destroying data stored in another person’s computer is not considered illegal
Under RICO, _____ is considered a racketeering activity.
The CAN-SPAM Act:
A) allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime
B) prohibits interference with computers used by the government or financial institutions
C) requires that all e-mail messages be labeled
D) requires that unsolicited commercial e-mail include opt-out instructions
The Fourth Amendment safeguards are designed to protect individuals from arbitrary and unreasonable governmental intrusion on their right to privacy. In assessing whether a governmental action has infringed on an individual’s rights, the court:
A) must balance the governmental need against the rights of the individual
B) will always grant the government the ability to do whatever it deems necessary
C) will always rule in favor of individual rights over that of the government
D) must balance both, but ultimately grant the government the ability to do whatever it deems necessary
Which of the following is included in the Fifth Amendment?
A) The exclusionary rule
B) The prohibition against double jeopardy
C) The prohibition against excessive bail and fines
D) The right of confrontation
Illegally gained evidence such as evidence resulting from “unreasonable searches and seizures” cannot be used in criminal prosecutions. This is a safeguard enjoyed by criminal defendants under the:
A) exclusionary rule
B) right of confrontation
C) double jeopardy
D) Miranda warning
Which of the following statements is true about the Federal Sentencing Guidelines?
A) They mandate a minimum one-month prison term for tax frauds
B) They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime
C) They are designed to establish consistent sentences for homicides only
D) They specifically mandate lenient penalties for corporations dealing with white-collar crimes
The prohibition against excessive bail and fines can be found in the:
A) Fifth Amendment
B) Eighth Amendment
C) Sixth Amendment
D) Fourth Amendment
What is a white-collar crime?
A) It is a violent crime committed against businesspeople and organizations
B) It is a nonviolent crime committed by businesspersons and organizations
C) It is a terrorism-related crime that poses significant threat to the general public
D) It is a nonviolent crime committed against the federal investigative agencies
The “Convention on Cybercrime” obligates participating countries to:
A) create a “do-not-e-mail registry.”
B) disclose private information to government agents
C) charge offenders for misdemeanor
D) outlaw commercial copyright infringement
According to the concept of ____, a 13-year old accused of shoplifting cannot be convicted.
Disenfranchisement refers to the loss of the right to vote:
A) when a person is convicted of abuse
B) as a result of misdemeanor
C) which might result from the conviction of a felony
D) when a person is convicted of a white-collar crime
The _____ Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy.
“Mens rea” means:
B) public wrongs
D) criminal intent
Which of the following statements is true about the Miranda warning?
A) It gives people charged with a criminal offence the right to be represented by effective counsels
B) It allows accused persons the right to confront accusers and cross-examine them
C) It gives defendants the right to a speedy, public trial by a jury of their peers
D) It is a protection offered to the U.S citizens under the Eighth Amendment
The responsible corporate officer doctrine:
A) states that officials cannot be tried for homicide and related crimes
B) directs that corporate officials and agents may be held liable for crimes they aid and abet
C) says that corporate officials have no liability if they have no knowledge of the activities in question
D) directs that corporate officials may be tried only for crimes that they personally commit
Which of the following statements is true about the Cyber Security Enhancement Act of 2002?
A) It authorizes a 10-year sentence for individuals who recklessly commit a computer crime that results in serious bodily injury
B) It allows an ISP to disclose private information to a government agent if the ISP believes that the information concerns a serious crime
C) It authorizes death penalty for individuals who knowingly or recklessly commit a computer crime specifically in foreign commerce
D) It prohibits acts of sabotage or vandalism to protected computers or networks
For a person to be convicted of criminal behavior, which of the following statements would be true?
A) Criminal defendants are presumed guilty
B) Those who commit a prohibited act before the effective date of the statute may be prosecuted
C) Insanity at the time the criminal act was committed can convict a defendant for it
D) The state must demonstrate a prior statutory prohibition of the act
In which of the following ways can insanity affect a criminal trial?
A) The defendant will be acquitted but will have to undergo treatment
B) The trial may be delayed until the defendant regains sanity
C) Insanity at the time of the criminal act will not absolve the defendant of criminal liability
D) A defendant who becomes insane before sentencing can be sentenced
One of the major criticisms faced by the USA PATRIOT Act is that:
A) it increases judicial and congressional oversight on the use of increased surveillance techniques
B) it tips the balance too heavily in the individual’s favor
C) it compromises the public’s Fourth Amendment rights
D) it decreases the information-sharing power between investigative agencies
Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?
The Computer Fraud and Abuse Act:
A) prohibits interference with computers used by the government or financial institutions
B) enables providers to disclose the contents of electronic communication to intelligence officials
C) prohibits an authorized person from unknowingly transmitting a code to a computer used in interstate commerce
D) includes only criminal penalties
Which of the following statements is true of RICO?
A) To be charged for racketeering, the prosecution must prove, at a minimum, the commission of a single offense within a 10-year period
B) Participating in an enterprise through a pattern of racketeering activity is permissible
C) Companies involved in bribery do not face civil liability
D) It prohibits using income derived from racketeering activity to acquire an interest in an enterprise
Under the Sarbanes-Oxley Act of 2002:
A) CEOs and CFOs cannot be held liable for any misconduct
B) it is a felony to defraud shareholders of a private company
C) whistleblowers are offered legal protection
D) it is a misdemeanor to defraud shareholders
Under the mandates of RICO, an individual injured by the racketeering of a company can claim treble damages. This means that he/she can:
A) recover the basic amount lost plus attorneys’ fees
B) recover two times the damage plus attorneys’ fees
C) recover three times the damage plus attorneys’ fees
D) only recover three times the damage
Which Act protects against unauthorized interception of electronic communications?
A) The Computer Fraud and Abuse Act
B) The Stored Communication Act
C) The Wiretap Act
D) The Cyber Security Enhancement Act
The _____ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors.
A) Computer Fraud and Abuse Act
B) Electronic Communications Privacy Act
C) Foreign Corrupt Practices Act
D) Sarbanes-Oxley Act
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