Security and Computer Crime

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Security and Computer Crime

Security and Computer Crime

Security and Computer Crime

Security and Computer Crime

Security and Computer Crime

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Chapter 13: Security and Computer Crime Go over the PowerPoint slides under the Course Information tab. Part one: Answers ALL questions at the end of the chapter. Part two: Bring in an article to the 10/30 class for discussion. The article must be on computing crimes which involves some types of litigation (legal action). This article cannot be before 2016. Be prepared to: 1. Give a brief synopsis of the article. 2. Have a question prepared for the class. COMPUTER CRIMES Laws U.S. Constitution - Crimes • U.S. Constitution definition of crimes: Article III, section 3 (deals with treason). • Elements of a Crime Mens rea – ‘guilty mind’ • Actus reus – ‘guilty act’ • Causation • • Jurisdiction Subject matter jurisdiction – power of court to decide certain types of cases • Personal jurisdiction – court’s ability to exercise power over a particular defendant • • The Fifth Amendment to the U.S. Constitution requires that a federal grand jury issue charges for some federal crimes. Common Criminal Laws Used in Cyberspace • Computer Fraud and Abuse Act (CFAA) – 1984 • Identity Theft and Assumption Deterrence Act – 1998 • Electronic Communications Privacy Act – 1986 • Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act – 2003 • Anti-Cybersquatting Consumer Protection Act (ACPA) – 1999 General Tort Law Concepts • A tort is some sort of wrongful act or harm that injures a person. • A person who is injured by a tort may sue the wrongdoer for damages. • A plantiff must sue a defendant in a civil lawsuit in order to recover for tort injuries. • There are three types of torts. They are: • • • Strict liability torts –people can be held responsible for their actions even if they didn’t intend to cause harm to another person. Negligence torts – based on the premise that a person is liable for any injuries or harm that are the foreseeable consequences of his or her actions. Intentional torts – occur when the defendant intended to commit the tort. Common Tort Law Actions in Cyberspace • Defamation is an Intentional tort. • • • Libel – written defamation Slander – oral defamation Intentional Infliction of Emotional Distress (IED) – known as the tort of outrage. • Must prove that the: Defendant acted intentionally or recklessly • Defendant’s conduct was extreme and outrageous • Defendant’s conduct caused the plaintiff severe emotional distress. • • Trespass Tort Land • Chattels – personal property • LEGAL ISSUES IN INFORMATION SECUTIRY J. L. Grama (2nd Ed.) Jones & Bartlett Learning 2015
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1
Question 1
The first claim against Toka is infiltrating Becker’s computer without permission- This claim does
not hold any weight under CFAA based on the intended use and the relationship between the
defendant and the plaintiff since the Toka’s relationship with Becker is husband and wife.
The claim that Toka infected the computer with a virus is inadmissible since Becker did not make
it known that his computers were protected.
The third claim against Toka was that the viruses that attacked the computers due to her infiltration
could steal information- the court could consider her innocent since no information was reported
missing and also her intentions for using the computers were not ...


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