Sample Quiz 1

Some questions may be simple factual questions. For example:

• State the “Katz test”, and explain what it determines.
• Broadly, what actions create criminal liability under the CFAA?
• Whose actions does the 4A control?
• What are the specific requirements of a warrant application, as defined by the 4A?
• What is the typical rememdy for violation of the warrant requirement?
• Name four distinct exceptions to the warrant requirement.
• Under the 4A, what is a search? And, what is a seizure?

There will be one or two longer questions, that might you to apply your knowledge of legal reasoning and precedents to hypothetical situations. For example:

• Imagine the following hypothetical: A student at UMass realizes that by sending specially-formed HTTP requests to the Moodle server, he can manipulate stored data on that server without using his web browser. He endeavors to discover if this technique can be used to change grades. Once successful, the student changes several grades stored in the electronic gradebook for his Computer Security class.

  Several days later, the student’s actions are discovered and referred to the relevant U.S. District Attorney’s Office. The student is charged with one violation of 18 U.S.C. §1030(a)(5)(A). The student’s attorney moves to dismiss the charge, noting that §1030(a)(5)(A) prohibits only “accessing a computer without authorization.” In this instance, the attorney argues, the student exceeded authorized access (by using his special technique), but did not access without authorization (as he was permitted to log in normally to Moodle with his username and password).

  As a judge, would you grant this motion (dismissing the case) or deny it (allowing the case to go forward)? Justify your answer.

• Imagine the following hypothetical: A police officer enters a coffee shop and orders a large quadruple espresso. While sipping her beverage, she notices the man at the table in front of her is viewing what appears to be child pornography. She uses her cell phone to take a picture of his laptop screen. Has the officer searched and/or seized information, under the 4A? Why or why not? Does her action violate the 4A? Why or why not?

• Imagine the following hypothetical: A police officer knocks of the door of a student’s apartment, which she shares with a roommate (who is not home). The police office asks to come in and “take a look around,” which the student permits. The office asks to open a closed door, and the student replies, “Sure. I mean, that’s my roommate’s room, and I never go in there, but go ahead.” The office sees evidence of a crime and arrests the roommate upon her return. Is this evidence admissible? Explain why or why not.