Final Study Guide

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The president's treaty making power is

limited by the Senate's advice and consent role.

According to the Supreme Court decision in Barron v. Baltimore (1833), the Bill of Rights applies

only to the national government.

In the United States Supreme Court case Brown v. Entertainment Merchants Association, the Court ruled that

video games communicate ideas and qualify for First Amendment protection.

Broadly speaking, Title 10 clarifies roles and responsibilities within Department of Defense, while Title 50 clarifies roles and responsibilities

within the intelligence community.

Which of the following is not a violation of the Fourth Amendment's guarantee against unreasonable searches and seizures?

A Facebook employee searching a Facebook user's timeline for evidence of trafficking in child pornography.

Which of the following is an accurate representation of Immanuel Kant's idea of a categorical imperative?

Act as though an action is objectively necessary without referring to any end in view and that the maxim of a person's action were to become, through that person's will, a universal law of nature.

Which of the following is not a characteristic of Luciano Floridi's theory of Information Ethics?

Anthropocentric theories better address questions of informational ethics than ontocentric theories.

The name of the case recently decided by the U.S. Supreme Court wherein the Court determined that a whether the warrantless search of Cell Site Location Information (CSLI) is violates the Fourth Amendment is

Carpenter v. U.S.

The federal statute that allows Service Providers to "disclose the contents of communications to Federal, State or Local government entities in the event the provider has a 'good faith belief' an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay" is called the

Cyber Security Enhancement Act

Which of the following is not a specific provision safeguarding victims of armed conflict under the Geneva Convention?

Hospital ships cannot be used for military purposes unless the hospital staff have been identified as enemy combatants.

Legal, medical, accounting and other established professions have legally binding codes of conduct overseen by longstanding regulatory bodies. Which of the following is true of IT security professionals?

IT Security professionals have yet to establish formal guidance or universal checks and balances.

Under which of the following conditions can law enforcement officials legally search a personal computer?

If consent is given to law enforcement officials by the owner of the personal computer.

The Computer Fraud and Abuse Act (CFAA—18 USC 1030) prohibits acquiring certain protected information by intentional unauthorized access. Which of the following is not a type of covered information?

Information publicly available on the World Wide Web

Which of the following describes a basic principle of "hactivists"?

Information should not be hoarded by powerful constituencies—it needs to be placed in the hands of the general public

What is the term coined by the philosopher Max Weber to describe how technology locks human beings into certain ways of being or patterns of behavior?

Iron Cage

The U.S. Supreme Court case where the Court held that government access to bank records were not Fourth Amendment searches for which warrants were required because those records had been voluntarily transmitted to a third party is

Miller v. United States.

The Supreme Court case in which the Court decided that the protection against unreasonable searches and seizures provided in the Fourth Amendment to the Constitution applied only to searches and or seizures of material things, i.e, a person, and/or a person's papers, houses, and effects and not to evidence obtained through wiretapping was

Olmstead v. U.S.

Which of the following would not be considered an ethical guideline for penetration testing?

Only associate with black hat communities or engage in black hat activity in order to learn more effective hacking techniques.

Which of the following describes a positive value of anonymous communication in cyberspace?

Political dissent against repression or government abuse of power is facilitated.

Which of the following is not one of the five strategic initiatives identified to support DoD's cyberspace operations and its national security mission in the 2011 National Defense Authorization Act Cyberspace Policy Report?

Prevent U.S. Government departments and/or agencies from working with the private sector when developing an integrated approach to cybersecurity.

Which of the following is an argument advanced against the doctrine of net neutrality? Internet service providers do not have any stake in the information being passed through their wires and should not therefore have the ability to alter the speeds at which users can access different websites.

Similar regulation in the past has caused more consumer harm than good, partly by enhancing industry influence on politicians and regulators, and partly by distorting prices and discouraging investment and innovation.

Which of the following is the definition, according to Larry Lessig, of "regulability? Cyberspace presents ambiguities that cannot be resolved by judges or courts.

The capacity of a government to regulate behavior within its proper reach.

Which of the following is not an example of information that is covered by the "third-party doctrine"?

The content of a voice or email communication transferred through an internet provider.

Which of the following accurately describes the doctrine of procedural due process under the 14th Amendment?

The government must act in a manner that is procedurally fair in taking action to deprive persons of life, liberty or property.

Which of the following is not a precondition that would justify the offense of disloyalty inherent in whistleblowing?

The whistleblower has no reason to believe his actions will prevent the potentially harmful policy or practice.

According to Larry Lessig, "cyberspace" is different from "real space" because

There is relative anonymity in cyberspace

The "war of all against all," otherwise known as the state of nature, is described in the following terms: "In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short." Which of the following thinkers provided this description?

Thomas Hobbes

Which of the following approaches argues that ethical actions are defined by those that provide the greatest good for the greatest number and the greatest balance of good over evil?

Utilitarian approach.

Which of the following would not be considered a logical question for ethical problem solving?

Which course of action is likely to provide the greatest personal benefit and satisfaction?

The overall cybersecurity of an extended enterprise (e.g., links between suppliers, manufacturers, and end-users; links between smartphones, tablets, desktops, etc., and cloud computing environments) is

a function of the level and effectiveness of the cybersecurity of the various parties within the extended enterprise

The Geneva Conventions of 1949--that form a major part of the international humanitarian laws that define jus in bello--have been adopted by

all the nations of the world.

If an intelligence activity--including cyber activity--is (1) conducted by an element of the intelligence community; and (2) in response to tasking from the Director of National Intelligence, then it is generally considered

an activity authorized under U.S. Code Title 50.

Which of the following provides the most accurate description of a "search engine"?

an information retrieval system that allows for keyword searches of distributed digital texts.

Cyber attacks can be distinguished from cyber exploitation by identifying the approach and intent of the cyber activity conducted. Cyber attacks degrade, disrupt, or destroy systems or network infrastructure while cyber exploitation

attempts to gain information or intelligence with the smallest intervention consistent with the desired operations.

Executive Agreements are international agreements made by a president that have the force of a treaty

but do not require Senate approval.

The president's authority to direct military operations and intelligence activities against external threats--including cyber threats--resides in his powers as

chief executive and commander-in-chief under the Constitution.

The European Union has stricter privacy laws than the United States. In 2014, the European Union passed its so-called "Right to be forgotten" law, which

compels search engines like Google to remove search listings about persons if they get the appropriate court orders.

Cyber exploitation can be distinguished from cyber attacks by identifying the approach and intent of the cyber activity conducted. Cyber exploitation attempts to gain information or intelligence with the smallest intervention consistent with the desired operations while cyber attacks

degrade, disrupt, or destroy systems or network infrastructure.

According to former FBI Director James Comey, there is a significant public safety problem when law enforcement lacks the technical ability to gain access to evidence needed to prosecute crime and prevent terrorism--even with the legal authority to intercept and access communications and information pursuant to court order. He calls this problem

going dark.

According to Aristotle, there is one good that is chosen only for its own sake and not for the sake of anything else. What is this good?

happiness

The Latin term for the branch of law that defines the legitimate reasons a state may engage in war and focuses on certain criteria that render a war just is

jus ad bellum.

In order to obtain the content of emails from a third party Internet Service Provider of a taxpayer under active criminal investigation, the IRS

must first obtain a court-ordered search warrant.

According to Spinello, the moral injunction of "Above all, do no harm" is a summary of the principle

non-maleficence

Which of the following is not a requirement for obtaining a warrant for electronic surveillance?

notifying the F.I.S.A. court.

Glaucon's argument depends on the fact that everyone believes in their hearts that injustice is far more ___________ to the individual than justice.

profitable

Glaucon tells the story of The Ring of Gyges to illustrate that people will not voluntarily desire justice if they have no fear of

punishment.

According to Thomas Hobbes, justice as well as injustice cannot be found without a ruling power because justice and injustice

relate to men in society, not solitude.

The principle modern source for jus ad bellum derives from

the Charter of the United Nations.

Which of the following is not one of what Aristotle calls the "prominent types of life"?

the artisan type who make goods.

According to Thomas Hobbes in The Social Contract, human equality can be deduced from the fact that

the difference between man and man is not so considerable that one man can overpower another without being overpowered in return.

The judicial remedy that requires courts to exclude incriminating evidence from introduction at trial upon proof that the evidence was procured in contravention of a constitutional provision is known as

the exclusionary rule.

The definition of a social contract, according to Thomas Hobbes, is

the mutual transferring of right to an authority for the purpose of securing life.

Jus in bello refers to

the set of laws that come into effect once a war has begun, for the purpose of regulating how wars are fought, without prejudice to the reasons of how or why they had begun.

The Director of the National Security Agency (NSA), who is also Commander of the US Cyber Command, recently stated that

the theft of intellectual property reflects the largest illegal transfer of wealth in history.

The rule "that a person has no legitimate expectation of privacy in information which he or she voluntarily turns over to third parties" is known as

the third party doctrine.


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