Question

9–3. Privacy. Using special software, South Dakota law enforcement officers found a person who appeared to...

9–3. Privacy. Using special software, South Dakota law enforcement officers found a person who appeared to possess child pornography at a specific Internet address. The officers subpoenaed Midcontinent Communications, the service that assigned the address, for the personal information of its subscriber. With this information, the officers obtained a search warrant for the residence of John Rolfe, where they found a laptop that contained child pornography. Rolfe argued that the subpoenas violated his “expectation of privacy.” Did Rolfe have a privacy interest in the information obtained by the subpoenas issued to Midcontinent? Discuss.

9–7. Social Media. Irvin Smith was charged in a Georgia state court with burglary and theft. Before the trial, during the selection of the jury, the state prosecutor asked the prospective jurors whether they knew Smith. No one responded affirmatively. Jurors were chosen and sworn in, without objection. After the trial, during deliberations, the jurors indicated to the court that they were deadlocked. The court charged them to try again. Meanwhile, the prosecutor learned that “Juror 4” appeared as a friend on the defendant’s Facebook page and filed a motion to dismiss her. The court replaced Juror 4 with an alternate. Was this an appropriate action, or was it an “abuse of discretion”? Should the court have admitted evidence that Facebook friends do not always actually know each other? Discuss.

10–1. Types of Cyber Crimes. The following situations are similar, but each represents a variation of a particular crime. Identify the crime involved in each of the following situations. (See Cyber Crime.) (a) Chen, posing fraudulently as being from Centell, the provider of Emily’s security software, sends an e-mail to Emily, stating that the company has observed suspicious activity in her account and on her network. The e-mail asks Emily to call Chen immediately to provide a new credit-card number and password to update her security software and reopen the account. (b) Claiming falsely to be Big Buy Retail Finance Company, Conner sends an e-mail to Dino, asking him to confirm or update his personal security information to prevent his Big Buy account from being discontinued.

Homework Answers

Answer #1

9-3:

While using the internet an individual's privacy depends solely on the individual himself. Rolfe's confidential information such as name, e-mail and other important objects has now been distributable to the media. Its "personal" information was therefore never compromised. An act which was renamed the 1996 Communications Decency Act. It is unlawful for a individual under the age of 18 to intentionally submit or show any messages, demands, recommendations, recommendations, photographs or other communications that, in fact, represent or define, in terms that are patently offensive as calculated by contemporary community norms, sexual or excretory practices or or organs, regardless of whether the recipient of such a service has made the call o This act isn't coming to the U.S. yet. Charter. Charter. That is how successful the request was, and Rolfe 's knowledge was collected.

9-7:

Yes, this was the correct call and sufficient action has been taken. Even though the two may or may not have known each other, there's some sort of association between the two. Leaving the juror in the jury could have had an unfair and negative influence on the trial. If we look under OCGA § 15-12-172, "the trial court shall have the right to substitute a juror with an alternative at any time, whether before or after the actual presentation of the case to the jury, providing that the trial court provides a clear legal justification for doing so.

10-1:

Part A and Part B each implement a phishing system. Phishing is a fake term in which users behave as other persons to threaten certain people affiliated with businesses. We use the identification of the victim to obtain personal information such as social security, credit card, and/or bank records. "Phishing is a type of social manipulation in which an intruder tries to acquire confidential information from a target fraudulently by impersonating a trustworthy third party.

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