Exam 29: Computer Privacy and Speech

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Federal criminal statutes are not used to prosecute computer crime.

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False

A federal statute passed to regulate Web sites that contain obscene material or child pornography has now been ruled _____ by the courts because it violates due process of law.

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C

Even if a person's intent is good and his or her conduct accidentally causes damage, then he or she may be prosecuted for a federal crime under the:

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C

To use any device that is part of an electronic transfer mechanism to steal money, goods, or services or to alter data, interrupt wire transmissions, or use stolen codes or passwords, when the purpose of such activity is to obtain something of value unlawfully, is a federal offense under the:

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The rules of defamation vary depending on whether one is or is not a public figure.

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While there are currently no federal laws prohibiting the use of cookies when gathering information regarding adults, the Children's Online Privacy Protection Act prohibits this practice when minors are involved, unless there is parental consent.

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Instructions hidden in software with the potential to cause significant damage to both hardware and software is a:

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When individuals learn that someone has posted an untruth about them, especially when such untruth harms them professionally, they often attempt to hold their ISP liable.

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Consumers who believe that their right to privacy is being violated by the embedding of software can complain to the:

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In the case of newspapers, the ___________ may not recover damages unless he or she can show that the newspaper acted with actual malice.

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Bryan, an employee of Anderson Co., regularly placed orders for raw materials with Sasha, an employee of Kleinman Glass Corporation. Bryan sent an e-mail to Sasha through his work e-mail account, asking her to go out to dinner with him. Bryan's immediate supervisor at Anderson Co. read the e-mail. What consequences will Bryan have to face for his act?

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Under the ECPA, the individual must act ___ in order to commit a crime.

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The Computer Fraud and Abuse Act (CFAA) at times limits the ECPA. Under the ECPA there must be an intent to exceed authorization for a crime to be committed, and the CFAA does not require such intent if the intrusion onto another person's computer-stored information causes damage.

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The rapid advances in technology being experienced today make it difficult for people to maintain online anonymity or distance between themselves and powerful:

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From a legal standpoint, it is not allowable for a seller to solicit via e-mail.

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The ECPA grants an Internet service provider (ISP) the right to __________ e-mail messages without the subscriber's consent.

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It is a problematic issue as to how offshore gambling can be regulated, where ___________ laws generally do not apply.

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A person who gains unauthorized access to computers, either for mischief or with criminal intent, is called a(n):

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A type of computer crime concerns _____ access to computer data.

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Online marketers of products and services have quickly recognized that learning about consumers' online behavior presents a real opportunity to increase their:

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