Criminal Case - Answers Brought by the government, such as by the District Attorney
Jail and/or fines as punishment
Standard of proof is "beyond a reasonable doubt"
Allow for trial by jury
Will be provided an attorney if needed
Civil Case - Answers Brought by the victim
Fines and/or court order to do, or not do, something
Standard of proof is "the preponderance of evidence"
Maybe jury allow but most often decided by judge
Must pay for your own attorney
What is the fourth amendment? - Answers Right to be free from unreasonable searches and
seizures
What is the fifth amendment? - Answers Np one can be compelled to be a witness against
himself.
Compulsion... that seeks to get testimony... that is incriminating
What does EULA stand for? - Answers End User License Agreement
Title 18: 1030(a)(4) - Answers Fraud, Access without authorization, Exceed scope of
authorization AND Get something of value and intend to defraud
Title 18: 1030 (a)(7) - Answers Extortion, Threat to protected computer, Threat to mess with
data, Demand for money "or else"
Title 18: 1028 (a)(7) - Answers Identity Theft, not a free standing offense
What was the outcome of Smith v Maryland (1979) - Answers Metadata is not private, Including
PCTDD
Title 18: 1030 (e) - Answers Terms and Definitions
Title 18: 1030 (b) - Answers Crime to attempt or conspire to 1030(a) crimes
, Title 18: 1030 (a) - Answers Details actions in cyberspace that are illegal as a criminal act and
civil cause for action
Title 18: 1030 (a)(6) - Answers Selling passwords affecting commerce or gov
Circumstantial Evidence - Answers Suggests a fact
Florida Statutes: 815.03 (a) - Answers Define "access" in cybercrime, used by feds
1030 of Title 18 of the U.S. Code - Answers Computer Fraud and Abuse Act
Title 18: 1030 (a)(5) - Answers Malware, cause damage recklessly or negligently with
unauthorized access
Kat v Us (1969) - Answers Wiretapping, person should have reasonable expectation of privacy,
phone booth case
Mandatory Arbitration - Answers Removes right to court, bars class action suits
What is hearsay? - Answers A statement made in court that repeats a statement made out of
court
Example: An email can prove that you made certain statements, but not the truth of those
statements.
Kyllo v US (2001) - Answers Technology not in general public use exceeds reasonable
expectation of privacy, Thermal imaging case
What does Direct Evidence do? - Answers Establishes a fact.
Title 18: 2260 - Answers Child Pornography Protection Act (CPPA)
What are some exceptions to hearsay? - Answers Business records
Computer generated data not hearsay (document a fact, like logs)
Computer stored data subject to hearsay rules (emails, documents, etc.)
What is FISMA? - Answers IT is the Federal Information Security Modernization Act; Protects
government information, operations or assets; overseen by NIST
Regulatory Compliance - Answers Organizational goal to comply with relevant laws and
regulations
What is GRC? - Answers Governance, Risk Management, and Compliance
What is GAPP? - Answers Generally Accepted Privacy Principles; accounting rules for handling