Exam 8: Applying the First Amendment to Computer-Related Crime
Exam 1: Introduction and Overview of Computer Forensics and Cybercrime62 Questions
Exam 2: Computer Terminology and History62 Questions
Exam 3: Traditional Computer Crime: Early Hackers and Theft of Components62 Questions
Exam 4: Contemporary Computer Crime63 Questions
Exam 5: Identity Theft and Identity Fraud62 Questions
Exam 6: Terrorism and Organized Crime62 Questions
Exam 7: Avenues for Prosecution and Government Efforts62 Questions
Exam 8: Applying the First Amendment to Computer-Related Crime62 Questions
Exam 9: The Fourth Amendment and Other Legal Issues62 Questions
Exam 10: Computer Forensics: Terminology and Requirements62 Questions
Exam 11: Searching and Seizing Computer-Related Evidence62 Questions
Exam 12: Processing of Evidence and Report Preparation63 Questions
Exam 13: Conclusions and Future Issues61 Questions
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The Eleventh Circuit ruled that the ________ Act prohibited a substantial amount of protected speech.
(Short Answer)
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In which of the following cases did the Court specifically rely on statistics and opinions gathered from sources ranging from scholars to law enforcement practitioners in order to arrive at a conclusion, marking a clear departure from the normal procedure?
(Multiple Choice)
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While the First, Fourth, and Eleventh Circuits upheld the constitutionality of the ________ Act, denying it was overbroad or vague, the Ninth Circuit (California) ruled conversely.
(Short Answer)
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Which of the following is NOT included in the PROTECT act as an addition to the provisions in the Child Pornography Protection Act?
(Multiple Choice)
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Prior to the 1950s, which obscenity statute governed traditional notions of decency and obscenity?
(Multiple Choice)
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The Unlawful Internet Gambling Enforcement Act of 2006 aimed at ________.
(Multiple Choice)
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In 1957, ________ determined that obscene material was not constitutionally protected by the First Amendment.
(Short Answer)
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In FCC v.Pacifica Foundation, the court ruled that the broad-based nature of ________ communication mandated a greater level of scrutiny.
(Short Answer)
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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.
(True/False)
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The Communications Decency Act criminalized any obscene communication to a minor recipient.
(True/False)
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In United States v.Mento, the petitioner argued that the CPPA was unconstitutional as it unfairly abridged the ________ Amendment, as it is aimed at inhibiting the expression of child pornography itself as opposed to the secondary effect of such expression.
(Short Answer)
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How has the advent of electronic communications helped child pornographers defy the existing broad laws regarding indecency and victimization of children?
(Multiple Choice)
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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.
(True/False)
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Which of the following Constitutional Amendments poses the fewest challenges to computer crime investigators faced with interpreting and applying it?
(Multiple Choice)
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In which of the following cases did the Supreme Court observe that the CPPA prohibited speech despite its serious literary, artistic, political, or scientific value?
(Multiple Choice)
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Which of the following is the first act specifically aimed at protecting families and children from online sexually explicit materials?
(Multiple Choice)
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The lack of definitive verbiage in the ________ Act of 1961 encouraged Congress to enact the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), a technology-specific legislation, to prosecute online sports wagering and bookmaking activities.
(Short Answer)
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The first act specifically aimed at protecting families and children from online sexually explicit materials was the ________ Act.
(Short Answer)
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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.
(True/False)
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Which of the following reasons was NOT cited for ruling that George Carlin's broadcast monologue Filthy was not entitled to First Amendment protection?
(Multiple Choice)
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