Question 1

Briefly define or describe each of the following (or answer the question asked):

1.1. (a) What is TCP?

(b) What is an IP address?

(c) What is HTTP?

(d) What is ICANN?

(e) Who or what invented the internet?

(f) Who runs the internet?

1.2. (a) What is Tor? Who (or what) is Anonymous? What is unit 63198?

(b) What is the problem of attribution in cyberspace (why does attribution matter, and why is it considered “perhaps the most difficult problem” in trying to secure cyberspace)?

1.3. (a) What is Shady RAT? What is ghostNet? What is WikiLeaks?

(b) What is an ICS? What is Stuxnet, and why is Stuxnet so significant?

(c) What is a DDoS attack? What is phishing? What is an advanced persistent threat? What is a botnet?

1.4. (a) What is the C–I–A triad?

(b) What is resilience?

1.5. (a) What is a hash and what problem might it solve?

(b) What is “whitelisting” and what problem might it solve?

1.6 (a) What is CYBERCOM, and

(b) What are its five objectives?

1.7. (a) What is the largest single vulnerability in cyberspace, and what might be done about it?

(b) How does the “internet of things” affect cyber security?

Question 2

Briefly define or describe each of the following (or answer the question asked):

2.1. Consider the federal Computer Fraud and Abuse Act (CFAA).

(a) What is access? (Describe and distinguish the virtual or narrow perspective of access compared to the physical or broad perspective on access)

(b) What is unauthorized access? (Describe and distinguish code-based, norm-based, and contract-based sources of authorization; briefly describe the pros and cons of each from the security perspective — how effective is each to protect the owner or custodian of data?)

(c) What is a computer?

(d) What is a protected computer? What computer, if any, would not be a “protected” computer?

2.2. Consider the CFAA

(a) What are the seven offenses? (Describe the elements of each, and identify which of them is the broadest offense)

(b) What are the criminal penalties within the CFAA? (Be sure to identify the factors within the CFAA that might enhance the penalty¬, and do not use the sentencing guidelines in answer to this question)

(c) What are the civil penalties?

2.3. Consider traditional criminal law outside of the CFAA

(a) Why are the traditional laws of trespass and burglary generally unsuitable for computer misuse offenses? (What are the elements, and how do they apply (or not) to the broadest sort of computer misuse offenses?)

(b) Compared to the traditional laws of trespass and burglary, why is the traditional law of theft at least somewhat more nearly suitable for computer misuse offenses? (What are the elements of the traditional theft offense, and how do they apply (or not) to the broadest sort of computer misuse offense?)

2.4. What is “hacking back” and what is the legal status of that activity?

2.5. Consider a service provider or vendor, including a bank, credit card company, law firm, hospital, school, online store, or like facility (collectively a “data custodian”) that holds information of its users, customers, patients, students, or clients (collectively, a “customer”).

Describe or define a “Consumer Report.” Briefly explain how a data custodian may become liable in respect of a consumer report.

2.6. Consider a service provider or vendor, including a bank, credit card company, law firm, hospital, school, online store, or like facility (collectively a “data custodian”) that holds information of its users, customers, patients, students, or clients (collectively, a “customer”).

Describe or define “PII.” Briefly explain how a data custodian may become liable, under the auspices of the Federal Trade Commission, in respect of PII that is misused by the data custodian.

2.7. Consider a service provider or vendor, including a bank, credit card company, law firm, hospital, school, online store, or like facility (collectively a “data custodian”) that holds information of its users, customers, patients, students, or clients (collectively, a “customer”).

Suppose the custodian is a victim of a malicious and possibly criminal hack that compromises personal information of its customers. How might the data custodian become liable, under the auspices of the Federal Trade Commission, for a third-party breach? (that is, a breach of the data custodian’s computers by a pirate, which victimizes both the data custodian and its customers).

NOTE: if some portions of your answer to question 2.6 apply here, you may make an explicit reference to them, and then add such additional observations as necessary to answer this question without repeating yourself.

2.8. Consider specific federal criminal laws outside of the CFAA. Identify and briefly describe the elements of the following:

(a) Theft or possession of a stolen credit card

(b) Economic espionage (trade secret)

(c) Identity theft

(d) Online threats and harassment (and describe: what is a “true threat”?)

2.9. (a) Briefly describe the six steps involved in applying the federal sentencing guidelines as identified in our Computer Crime Law casebook.

(b) Identify at least two of the sentencing factors that are relevant to offenses under the CFAA and explain how they might be used to increase (or decrease) the presumptive sentence.

2.10. Consider U.S. v. Czubinski (as reported in our casebook at p. 100)

(a) Briefly explain why the IRS employee who carried out numerous unauthorized searches of taxpayer records was held to be not guilty of wire fraud or of computer fraud.

(b) Briefly explain whether (and why) that same conduct might have sustained a conviction under CFAA section 1030(a)(2).

2.11. Consider U.S. v. Carmichael (as reported in our casebook at p. 228) and People v. Neuman (as summarized in our casebook, note 3 at pp. 236-37)

(a) Briefly explain the issues, analysis, and holding of each case.

(b) Briefly reconcile the two cases (or determine that they are not reconcilable) and pick the one you believe more nearly comes to the correct result (and give brief reasons for your answer)

Briefly define or describe each of the following (or answer the question asked):

3.1. Describe five exceptions to the warrant requirement under the fourth amendment that would permit the search or seizure of digital information. (Identify permissible searches of digital information without a warrant; be sure to explain the factors necessary to perfect the exception).

a.
b.
c.
d.
e.

3.2. Even with a warrant, a search of digital information might be impermissible. Briefly describe three circumstances in which a search with a warrant can violate the 4th Amendment (briefly explain the factors that cause the violation).

a.
b.
c.

3.3. (a) Briefly describe the structure of the Stored Communications Act, its important categories, and what it prohibits. Your answer should include an explanation of why it is “surprisingly difficult” for an investigator permissibly to “open emails” pursuant to the Stored Communications Act.

(b) Briefly describe the structure of the Pen Register statute, its important categories, and what it prohibits.

(c) Compare the prohibitions, exceptions, and penalties of the wiretap act to those of the stored communications act (include a comparison of the showings that need to be made under each; which is the “easier” route to obtain access/surveillance?)

3.4. (a) What is required for conducting a permissible FISA investigation resulting in surveillance of digital information (and what can be done with the evidence obtained? What does the FISA prohibit?)

(b) Compare the FISA requirements with the requirements under the wiretap act (include a comparison of the showings that need to be made under each; which is the “easier” route to obtain access/surveillance?)