Chapter 7 & 8 Flashcards

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Cyberterrorism

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The threat of cyberterrorism is one of the most serious global security issues today.

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Computer Crime

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Any violations of criminal law that involve knowledge of computer technology for their perpetration, investigation, or prosecution. Also called cyber crime.

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Cyber Crime

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Synonymous with "computer crime"

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Actus Reus

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Refers to the physical aspect of the criminal activity. The term generally includes a voluntary act that causes social harm. In the context of actus reus, "voluntary" may be defined simply as any volitional movement.

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Mens Rea

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Latin for "guilty mind" The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime; criminal intent or recklessness.

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Exclusionary Rule

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A rule that excludes or suppresses evidence obtained in violation of an accused person's constitutional rights.

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Fourth Amendment

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The constitutional amendment, ratified with the Bill of Rights in 1791, prohibiting unreasonable searches and seizures and the issuance

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Fruit-of-the-Poisonous-Tree-Doctrine

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The rule that evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence was tainted by illegality.

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Computer Fraud and Abuse Act on 1986 (CFAA)

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Makes it a felony to knowingly access a computer without authorization and with intent or reason to believe that the information obtained would be used to injure the United States or to benefit a foreign country.

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Communication Decency Act (CDA)

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A federal law aimed at combating child pornography.

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Protect Act

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Is a federal law that establishes stronger laws to combat child pornography and exploitation by revising and strengthening the prohibition on computer generated child pornographic images, prohibiting any obscene materials that depict children, and providing tougher penalties compared to existing law.

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Digital Millennium Copyright Act (DMCA)

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A 1998 federal law harmonizing United States copyright protection with international law, limiting copyright liability for Internet service providers, and expanding software owner's ability to copy programs.

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Electronic Communications Privacy Act (ECPA)

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A federal law that regulates surveillance of electronic communications.

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Identity Theft

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The unlawful taking and use of another person's identifying information for fraudulent purposes.

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Wire Fraud

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An act of fraud using electronic communications, as by making false representations on the telephone to obtain money.

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Federal Wiretap Act (Title III)

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A federal law that prohibits any person from intercepting or attempting to intercept any wire, oral or electronic communication.

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Sexting

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The practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the internet.

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Cyberbullying

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Bullying by use of any electronic device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games, and websites.

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Extradition

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The official surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged; the return fugitive from justice, regardless of consent, by the authorities where the fugitive is found.

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Tort

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A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on person who stand in a particular relation to one another.

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Tortfeasor

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One who commits a tort; a wrongdoer

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Negligence

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The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentional, wanton or willful.

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Strict Liability

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Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.

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Cybertort

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A cause of action that exists due to harmful internet contact. Any tort action that involves the internet of use of a computer.

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Invasion of Privacy

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An unjustified exploitation of one's personality or intrusion into one's political activities, actionable under tort law, and sometimes under constitutional law.

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Right of Publicity

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The right to control the use of one's own name, picture, or likeness and to prevent another from using it for commercial benefit without one's consent.

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False Light

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In an invasion of privacy action, a plaintiff's allegation that the defendant attributed to the plaintiff views that he or she does not hold and placed plaintiff before the public in a highly offensive and untrue manner.

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Intentional Infliction of Emotional Distress (IIED)

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The tort of intentionally or recklessly causing another person severe emotional distress through one's extreme or outrageous acts.

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Negligent Infliction of Emotional Distress (NIED)

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The tort of causing another severe emotional distress through one's negligent conduct.

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Cyberbullying

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Bullying by use of any electronic device through means including, but not limited to, e-mail, instant messaging, text message, blogs, mobile phones, pagers, online games, and websites.

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Cyberstalking

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Similar to cyberbullying, involves publicily viewed threats and harassment over the internet, protecting the perpetrator behind a veil of anonymity. The main difference is cyberstalking takes place over an extended period of time.

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Economic Tort

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A tort that impacts some aspect of an economic interest or business relationship and causes economic loss rather than property damage or bodily harm. Business torts include tortious interference with contractual relations, unfair business practices, etc...

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Communications Decency Act (CDA)

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A federal law aimed at combating child pornography. Some portions of the act were struck down by the U.S. Supreme Court as unconstitutional.