Chapter 7 - Criminal Law and Cybercrime

What is malware? What is a worm? What is a virus? (7-6c)

Malware is any program that is harmful to a computer or its user. A worm is a software that is capable of reproducing itself indefinitely until it clogs the computer's system. A virus is not a standalone piece of software, but it is capable of reproducing itself. It must be attached to an "infested" host file to travel and propagate.

What is money laundering? (7-3e)

Money laundering is when illegally acquired funds are "laundered" through a legitimate business, so as to make the funds appear to have come from that business.

What is "necessity" in the scope of criminal defense? (7-4b)

Necessity means that a criminal act was necessary in order to prevent a greater criminal act from occurring.

What is online auction fraud? What is online retail fraud? (7-6a)

Online auction fraud is when the perpetrator posts an item for sale through auction; people give them money in exchange for the item, but they're sent an item of lesser value or nothing at all. Online retail fraud is when consumers pay directly for an item they never receive.

What is organized crime? (7-3e)

Organized crime is the illegitimate provision of illegal goods and services. Usual examples are prostitution, gambling, illegal narcotics, counterfeiting, credit-card scams, and loan sharking (lending at higher-than-legal interest rates.)

What is phishing? (7-6b)

Phishing is when a cyber attacker poses as a legitimate figure and tries to coax victims into giving them vital information.

What is the CFAA? What does it state? (7-6d)

The Computer Fraud and Abuse Act. The CFAA states that any person who accesses a computer online, without authority, to obtain classified, restricted, or protected data is subject to criminal prosecution. This crime has two elements: accessing a computer without authority and taking the data.

How can a corporation be liable for a crime? (7-2c)

A corporation can be liable for an act by failing to perform specific duties imposed by law. It can also be liable if an employee of the corporation committed the illegal act and the corporation could have prevented it, or if the employee's supervisor authorized/had knowledge of the act.

What does the Responsible Corporate Officer Doctrine dictate? (7-2c)

A court may impose criminal liability on a corporate officer regardless of whether they participated in, directed, or knew about a given criminal violation (given the violation was committed by someone under their charge.)

What is a hacker? What is a botnet? (7-6c)

A hacker is someone who uses a computer to break into another, usually to access vital data within. A botnet is a network of computers that a hacker has appropriated without the owner's knowledge.

What is duress in the scope of criminal defense? (7-4e)

Duress exists when the wrongful threat of one person induces another to perform an act they wouldn't otherwise perform.

What is embezzlement? (7-3d)

Embezzlement is the appropriation of another person's funds who entrusted them to you.

What is employment fraud? (7-6b)

Employment fraud is when a cyber criminal poses as a legitimate business and sends emails out to job-seekers. Once the job seeker has revealed enough information to the cyber criminal, they steal that person's identity.

What is entrapment? (7-4f)

Entrapment is the suggestion and inducement (pressuring) by an individual towards another to commit an illegal act.

What does "actus reus" mean? (7-2a)

"Guilty Act." Actus Reus refers to an individual committing a prohibited act, or in some cases it is the act of omission when they have a duty they fail to perform.

What does "mens rea" translate to and what does it mean? (7-2b)

"Guilty Mind." Mens Rea refers to "a wrongful state of mind" or more specifically, the intent behind a criminal act.

What two elements must exist before an individual can be held liable for a crime? (7-2)

(1.) the performance of the criminal act and (2.) a specified state of mind or intent on the part of the actor. These two elements MUST occur together.

What is immunity? (7-4h)

Immunity can be granted to accused persons for lesser crimes in exchange for their willingness to testify on the subject of larger crimes.

What is insanity in the scope of criminal defense? (7-4c)

Insanity is when a defendant was not within the right state of mind when a crime was committed, and therefore cannot be be put in prison for it. Instead, they are put into a mental institution.

What is insider trading? (7-3d)

Insider trading is the purchase or sale of corporate securities with "inside information" regarding the workings of the company.

What does "beyond a reasonable doubt" mean? (7-1a)

It means the jury must be certain that the defendant is guilty, not certain they're innocent/unsure of their innocence.

What does the fourth amendment provide? (7-5a)

It protects "the right of the people to be secure in their persons, houses, papers, and effects." This means the authorities must get a search warrant to search and seize private property.

What is larceny? (7-3b)

Larceny is theft. Definition of larceny: The unlawful taking and carrying away of another's property with intent to permanently deprive them of possession.

What is the Miranda Rule? (7-5c)

Under the Miranda rule, any individual placed under arrest must be read their constitutional rights related to potential future consequences. If they are not read their rights, any statement the subject makes will not be admissible in court.

What is the exclusionary rule? (7-5b)

Under the exclusionary rule, any evidence obtained in violation of the defendant's constitutional rights, as well as evidence derived from illegally obtained means must normally be excluded from the trial.

What are the five broad categories of crime? (7-3)

Violent crime, property crime, public order crime, white-collar crime, and organized crime.

What is white-collar crime? (7-3d)

While there's no explicit definition, white collar crime is a term used to describe "an illegal act or series of acts committed by an individual or business entity using nonviolent means."

Can criminal acts face civil liability? (7-1b)

Yes. If an individual assaults another and seriously wounds them, the attacker can be punished criminally for their assault and civilly for the effects it has on their victim (likely including, in this case, the wages they'll miss while in the hospital, cost of hospital bills, and likely general damages for pain and suffering).

What is a plea bargain? (7-4h)

a plea bargain occurs when suspects deal with the prosecutor to obtain a lighter sentence in exchange for a guilty plea. This often happens in exchange for the suspect's testimony against their accomplices.

What is cybercrime? (7-6)

any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

What is a crime? (7-1)

A wrong against society proclaimed in a statute and, if committed, may be punishable by fines, imprisonment, or death.

What is burglary? (7-3b)

Breaking and entering another's dwellings with the intent to commit a felony. (The technical definition states "breaking and entering at night" but many state statutes have been developed to eliminate this requirement.)

What is bribery? (7-3d)

Bribery occurs when an individual offers another (usually a public official, but not always) something of value in exchange for them acting in a way that serves a private interest.

What are the three forms of bribery? (7-3d)

Bribery of a public official, bribery of a foreign official, commercial bribery.

What is property crime? (7-3b)

Crimes committed with the general intent of economic gain or property damage.

What are criminal recklessness and criminal negligence? (7-2b)

Criminal recklessness is when an individual consciously disregards a substantial and unjustifiable risk. Criminal negligence is when an individual takes an unjustifiable, substantial, and foreseeable risk and it results in harm.

What's the difference between deadly and nondeadly force? (7-4a)

Deadly force is when actions are likely to result in death or serious injury. Nondeadly force is force that appears reasonably necessary to prevent the imminent use of criminal force.

What is the RICO act and what does it mean? (7-3e)

The Racketeer Influenced and Corrupt Organizations Act that makes it a federal crime to: 1. Use income obtained in racketeering activity to purchase any interest in an enterprise 2. Acquire or maintain an interest through racketeering activity 3. Conduct or participate in the affairs of an enterprise through racketeering activity 4. Conspire to do any of the previous 3 activities

What is the Statute of Limitations? (7-4g)

The Statute of Limitations states that criminal prosecution of a crime must be initiated within a number of years of its occurrence, otherwise the defendant can raise this defense and likely be acquitted. Some crimes are excepted from this rule, such as the crime of murder.

What organization standardizes sentences for all federal crimes? What legislature created this organization?

The U.S. Sentencing Commission. The Sentencing Reform Act.

While on trial, where does the burden of proof lie? (7-5d)

The burden of proof lies with the prosecutor, who must argue that the defendant is guilty "beyond a reasonable doubt."

What is forgery? (7-3b)

The fraudulent making or altering of any writing (including electronic) in a way that changes the legal rights and liabilities of another. (Examples: changing trademarks, falsifying public records, counterfeiting, and altering a legal document.)

What is overcriminalization? (7-2b)

The use of criminal law to solve social problems (i.e. illegal drug use.)

What is arson? (7-3b)

The willful and malicious burning of a building ( or vehicles/personal property, depending on the state.)