Midterm Review

Question 1

What are the 3 “levels” of government?

From highest to lowest

Answer 1

1- Federal Government
2- States Government
3- Local Government

Question 2

What are 3 things areas where the federal government is allowed to regulate

Answer 2

1- Money
2-Immigration
3- Military

Question 3

Why do most federal statutes include the element that the crime is somehow affect “interstate commerce or communication”?

Answer 3

Because it allows congress to pass law without violating the US constitution.

Question 4

For each branch of government, name one type of liability that it can create

Answer 4

Executive : Administrative law
Legislative : Statutory law
Judicial : Case Law

Question 5

The chain of command for the federal system is:

Answer 5

• • Supreme court of the U.S ( appellate)
• *United States court of appeals for – circuit (appellate)
• • District Court of the U.S. (Trial)

Question 6

The chain of command for the Maryland court system is

Answer 6

• • Maryland Court of Appeals (appellate)
• • Maryland Court of Special Appeals (appellate)
• • Circuit Court for ________ County/City (trial)
• • District Court of Maryland (trial)

Question 7

If a criminal case is appealed from the US District Court for the Eastern District of Virginia, where would it be appealed to?

Answer 7

United States court of appeals for – circuit (appellate)

Question 8

If Bob lives in Baltimore City and never leaves, what are six forms of liability he has to follow?

Answer 8

Case law of FED, Statutory law of Fed, Administrative of of FEd, Common law, case law, Statutory law.

Question 9

If a federal law conflicts with a local law, which prevails?

Answer 9

The Federal law would prevail.

Question 10

If a federal legislative statute conflicts with a judicial interpretation of the US Constitution, which prevails

Answer 10

The constitution will prevail

Question 11

What can bring case in the following

Answer 11

**Criminal : The government is always the prosecuting party.

**Civil : Almost any person or entity can be a party

Question 12

What is the intermediate appellate court for the State of Maryland?

Answer 12

Maryland Court of Special Appeals (appellate)

Question 13

Name the court that decided this opinion:

Schneckloth v. Bustamonte, 412 US 218, 219 (1973)

Answer 13

US supreme court

Question 14

Report at Maryland Courts

Answer 14

“MD” - Maryland Reports - Court of Appeals

“MD.App.” - Maryland Appellate Reports - Court of Special Appeals

Question 15

Report at the United States Supreme Court

Answer 15

United States Reports - “U.S.“
Supreme Court Reporter (West) - “S. Ct.“
Lawyers’ Edition (Lexis) - “L. Ed.“

Question 16

Which court decided “Bob V State”, 11 MD.222(2016)

Answer 16

MD court of appeals

Question 17

Expert witness TESTIMONY according to MD Rule 5-702

Answer 17

1- Whether the witness is qualified as an expert by knowledge, skill, experience, training, or education

2-The appropriateness of the expert testimony on the particular subject, and

3- Whether a sufficient factual basis exits to support the expert testimony.

Question 18

What determines whether a scientific method will be admitted in MARYLAND court

Answer 18

The Frye-Reed Test

Question 19

The Frye-Reed Test

Answer 19

1- Is this a “novel” scientific technique? (If it has been accepted by the appellate courts, it is not “novel”)

2- If it’s a novel, then has it been accepted by the scientific community as reliable?

Question 20

What is the CFAA and what is its statutory citation?

Answer 20

Computer Fraud Abuse Act -

18 USC 1030

Question 21

What makes a computer a “protected computer” under the CFAA?

Answer 21

Computer either exclusively used or that is affected
** The US government
** A financial institution
Computer used in or affecting
**Interstate commerce and communication
**Foreign commerce or communication of the United States

Question 22

What is the broadest provision of the CFAA

Answer 22

18 USC 1030 (a) (2) (c)

Question 23

What are the two different interpretations of the word “access” that courts have?

Answer 23

Entry and Interaction

**Entry : You access a computer when you actually entered

**Interaction : You some way interacted with tje computer

Question 24

Only BigCorp. employees are allowed to access BigCorp. files.
In CFAA terms, what have you done if you are not a BigCorp. employee, but you access BigCorp. files

Answer 24

If you did NOT work there, and did NOT have permission to access the computers,

In CFAA terms:
ACCESS WITHOUT AUTHORIZATION

Question 25

You work for BigCorp. as a BigCorp employee. You are allowed to use the computer system.
You are allowed to access RED files ONLY for work purposes.
You are NOT allowed to access WHITE files for any reason.

In CFAA terms, what have you done if you access a white file? What other information might you need?

Answer 25

No other information needed.

If you have permission to use the system
but can NOT access white files and access red files for work purposes ONLY,

If you access WHITE files,
in CFAA terms:
EXCEED AUTHORIZED ACCESS

Question 26

authorized access

Answer 26

In the 4th and 9th Circuits: You access data that you are not UNDER ANY CIRCUMSTANCE supposed to access

In the 1st, 7th, and 11th
You access data you are not supposed to access
or in a manner in which you are not supposed to

In the 5th Circuit:
You access data you are not supposed to access
or in a manner in which you are not supposed to
AND do it to commit a separate crime

Question 27

Classic Attack Categories

Answer 27

Confidentiality – Exposing a secret
Integrity – Making Changes
Availability – Denying Access

Question 28

Intercepting vs. Accessing

Answer 28

The term “intercept” generally applies to concurrent acquisition of information. (at the same time)

The term “access” generally applies to non-concurrent acquisition of information.
(after the communication has occurred)

Question 29

Electronic Communication

18 USC 2510(5)

Answer 29

means any transfer transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include—
(A) any wire or oral communication; (B) any communication made through a tone-only paging device; (C) any communication from a tracking device; or (D) electronic funds transfer information

Question 30

Attempt to commit a crime

Answer 30

• Requires the specific intent to commit a crime
• Requires an overt act
• The overt act must be a substantial step that goes beyond preparation and toward completion of the crime