Chapter 8 - Criminal and Cyber Law

botnet

a network of compromised computers connected to the internet that can be used to generate spam, relay viruses, or cause servers to fail

hacker

a person who uses computers to gain unauthorized access to data.

virus

a software program capable of reproducing itself and usually capable of causing great harm to files or other programs on the same computer

self-incrimination

giving testimony that can be used against oneself

2 elements to be convicted of a crime

guilty act and intent

entrapment

A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed.

information

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate.

indictment

A formal charge by a grand jury that there is probable cause to believe that a named person has committed a crime.

grand jury

A group of citizens who decide, after hearing the state's evidence, whether probable cause exists for believing that a crime has been committed and that a trial ought to be held.

exclusionary rule

A rule that prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court.

worm

A software program that automatically replicates itself over a network but does not alter files and is usually invisible to the user until it has consumed system resources.

Crime

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment—or, in some cases, death.

probably cause

Reasonable grounds for believing that a person should be arrested or searched.

double jeopardy

The Fifth Amendment requirement that prohibits a person from being tried twice for the same criminal offense.

self-defense

The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another.

plea bargaining

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.

insider trading

The purchase or sale of securities on the basis of information that has not been made available to the public.

beyond a reasonable doubt

The standard of proof used in criminal cases.

duress

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

cyber crime

a crime that occurs in the online environment

phishing

a form of identity theft in which the perpetrator sends emails purporting to be from legitimate businesses to induce recipients to reveal their personal financial data, passwords, or other information

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

cyber fraud

Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds

computer crime

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

burglary

Breaking and entering a building with the intention of committing a crime

malware

Malicious software programs designed to disrupt or harm a computer, network, smartphone, or other device.

white collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

robbery

The act of forcefully and unlawfully taking personal property of any value from another.

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

identity theft

The illegal use of someone else's personal information to access the victim's financial resources.

arson

The intentional burning of a building.

embezzlement

the fraudulent appropriation of funds or property entrusted to your care but actually owned by someone else

larceny

the wrongful taking of another's property with the intent to permanently deprive its owner of its possession