Class 5 : Electronic Intercepts & Access to Stored Data

Question 1

In order to violate 18 USC 1030(a)(2)(C), what MUST be done intentionally

Answer 1

**Intentionally applies to “accesses a computer without authorization”

**Intentionally applies to “exceeds authorized access”

**Intentionally does not apply to “and thereby obtains… information from any protected computer”

Question 2

Two Ways Courts View Access

Answer 2

Entry and interaction

Question 3

Entry

Answer 3

You did not access a computer unless you actually entered.

Question 4

Interaction

Answer 4

You did not access until you in some way interacted with the computer.

Question 5

What is a protected computer?

Answer 5

A computer either Exclusively used or that use is Affected by or for

• *A FINANCIAL INSTITUTION
• • The US GOVERNMENT

A computer used IN OR Affecting

• • Interstate (commerce or communication) or
• • Foreign ( commerce or communication of the United States)

Question 6

What are the two “prongs” both of which are necessary to violate 18 USC 1030(a)(2)

Answer 6

**Access - **protected computer

Question 7

Wiretapping and Electronic Surveillance “Intercept”

Answer 7

“Intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device
18 USC 2510(4)

Question 8

Intercept

Answer 8

• ** Using a device
• **Acquire the contents of a communication
• ** That communication must be
• ** The acquisition must be contemporaneous with the transmission

Question 9

Device

Answer 9

an object, machine, or piece of equipment that has been made for some special purpose