Answers and Rationales – 2025 Study Guide EXAM
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How is 'authorization' defined in the context of the CFAA? - ANSWER -
Authorization is defined as 'permission or power granted by authority' and is a term
of common usage without technical meaning.
What does 'exceeds authorized access' imply? - ANSWER -'Exceeds authorized
access' refers to a scenario where a user has permission to access a computer but
goes beyond the parameters of that access.
What distinction did Judge Kozinski make regarding hackers? - ANSWER -Judge
Kozinski distinguished between 'without authorization' for outside hackers and
'exceeds authorized access' for inside hackers who access unauthorized
information.
What did the Ninth Circuit and Fourth Circuit conclude about the CFAA? -
ANSWER -Both circuits adopted Valle's interpretation of the CFAA, suggesting
that the statute is susceptible to different interpretations.
What is the rule of lenity? - ANSWER -The rule of lenity is a judicial doctrine
requiring ambiguities in a criminal statute to be resolved in favor of the defendant.
What concern arises from the Government's interpretation of the CFAA? -
ANSWER -The concern is that it could criminalize the conduct of millions of
ordinary computer users based on vague private policies.
,What example illustrates the ambiguity of 'nonbusiness purpose'? - ANSWER -
The ambiguity arises when determining if checking the weather report for a
business trip constitutes a nonbusiness purpose.
What did the majority hold in Van Buren v. United States? - ANSWER -The
majority held that Nathan Van Buren did not violate the CFAA when he used a
police database for personal gain, despite violating departmental policy.
What does the CFAA impose penalties for? - ANSWER -The CFAA imposes
criminal and civil penalties for computer hacking and employee misuse of
company computers.
What is the significance of the term 'protected computer' in the CFAA? -
ANSWER -'Protected computer' refers to any computer involved in interstate
commerce, effectively including all computers with Internet access.
How does the court view the potential impact of the CFAA's interpretation? -
ANSWER -The court recognizes that the interpretation of 'exceeds authorized
access' will affect many situations beyond the case at hand.
What is the implication of a broad interpretation of 'exceeds authorized access'? -
ANSWER -A broad interpretation could make every violation of a private
computer use policy a federal crime.
What did the court decline to adopt regarding the CFAA? - ANSWER -The court
declined to adopt the prosecution's construction that would criminalize ordinary
computer user behavior.
What does the court require from Congress regarding criminal conduct? -
ANSWER -The court requires Congress to define criminal conduct with precision
and clarity.
What is the potential issue with allowing criminal liability based on private
policies? - ANSWER -It could lead to significant notice problems for ordinary
users regarding what constitutes a violation.
,What was the main issue in Cleveland v. United States? - ANSWER -Whether a
non-issued license constituted 'property' for mail fraud purposes.
What was the court's holding in Cleveland v. United States? - ANSWER -
Convictions were overturned; licenses do not rank as 'property' for mail fraud
purposes.
What example illustrates the misuse of campaign contributions by Claire
Underwood? - ANSWER -Underwood used campaign contributions for personal
expenses like massages and dinners.
What was the outcome of United States v. Ratcliff regarding misrepresentations? -
ANSWER -The Fifth Circuit affirmed the dismissal of the indictment; the parish
did not lose money or property.
What did the Kelly v. United States case clarify about the object of fraud? -
ANSWER -The object of the fraud must be property that plays 'more than a bit
part' in the scheme.
What was the primary concern in the Ratcliff case regarding salary and benefits? -
ANSWER -Whether salary and benefits could still be considered money or
property under the mail fraud statute.
What was the nature of the scheme involving Goodson and Cleveland? -
ANSWER -They lied on a video poker license application and attempted to bribe
state officials.
What is the definition of 'Money, Property, or Honest Services' in the context of
mail fraud? - ANSWER -It refers to tangible interests that can be defrauded, not
just intangible rights.
What did the court imply about attempts to avoid the ordinary course of action in
mail fraud? - ANSWER -Such attempts can be evidence that the defendant foresaw
the use of mail.
, What was the role of the brochure in White's GED application process? -
ANSWER -It indicated that test results would be mailed, which was part of the
fraudulent scheme.
What did the court determine regarding the nature of the licenses in Cleveland v.
United States? - ANSWER -State and municipal licenses do not rank as 'property'
for mail fraud purposes.
What was the main legal question in the context of mail fraud in these cases? -
ANSWER -Whether the actions taken constituted a fraudulent scheme involving
money or property.
What tax credit were the Hoffmans and Arata attempting to exploit? - ANSWER -
A Louisiana film tax credit offered to production companies making movies in
Louisiana.
How much work did the Hoffmans and Arata actually complete in Louisiana? -
ANSWER -$700,000 worth of work.
What amount of tax credits did the Hoffmans and Arata request? - ANSWER -$5
million in tax credits.
What deceptive actions did the Hoffmans and Arata take to support their tax credit
request? - ANSWER -They submitted false project descriptions, moved money in
circular transactions, and sent misleading updates to the state.
How much did the state eventually pay in tax credits to the Hoffmans and Arata? -
ANSWER -$3 million.
What is the significance of the case United States v. McNally, 483 U.S. 350
(1987)? - ANSWER -It established that mail fraud must include proof of intent to
cause a loss of money or property.