Chapter 7 - Criminal Law and Cyber Crime
Practical Internet Exercise 7-1:
Legal Perspective—Revisiting Miranda
Instructions: As you read in the text, the Supreme Court revisited the issue of constitutional protections provided criminal suspects by the Miranda ruling nearly forty years ago.
Go to the URL listed below, and you will be at the CNN.com Law Center, which offers an article entitled “Supreme Court Reaffirms that Police Must Read Miranda Rights to Criminal Suspects.”
Read the article and review your textbook's discussion of criminal procedures—specifically, the discussion of the Supreme Court's Miranda v. Arizona. Then answer Questions 1–4.
Visit URL:
CNN.com Law Center
http://www.cnn.com/2000/LAW/06/26/miranda.01/index.html
Questions and Answers
Answer the following questions in the fields below.
Question 1: What is Section 3501 of the Omnibus Crime Control Act of 1968? Why had its constitutional validity never been answered until now?
Question 2: What case is being discussed in this article, and why is it significant? How did the case arise? What was the federal trial judge's ruling on the issue? What did the U.S. Court of Appeals for the Fourth Circuit decide when the case was appealed to that court?
Question 3: What was the Supreme Court’s reasoning in upholding Miranda in this case?
Question 4: Which political and legal groups will see this ruling as a victory, and which will see it as a defeat? Why?
Practical Internet Exercise 7-2:
Management Perspective—Hackers
Instructions: The U.S. Department of Justice offers an abundance of information on its Web site relating to various forms of crimes and other wrongful activities in cyberspace. The URL provided below is the Web site of the Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division of the Department of Justice. Look over the contents of the page that opens and then answer Questions 1 and 2.
Next, click on the first major heading at the top of the page, Computer Crime. On the page that opens, click on Cases, to get to a large grid of computer cases prosecuted by the Justice Department. Scroll through the list of computer crime cases. Under the headings “Target” and “Notes” are descriptions of the types of cases. From these very brief descriptions, answer Question 3.
Lastly, click on one of the cases described in the “Notes” column and answer Question 4.
Visit URL:
Department of Justice on Cyber Crime
http://www.cybercrime.gov
Questions and Answers
Answer the following questions in the fields below.
Question 1: Who is the target audience of this Web site?
Question 2: How would this Web site be helpful to business managers concerned about computer crimes committed against their firms?
Question 3: How would you characterize most of the crimes from the brief descriptions provided? Who were the victims in most cases?
Question 4: What was the nature of the crime? What was the defendant’s motive? What was the outcome of the trial?
Practical Internet Exercise 7-3:
Global Perspective—Fighting Cyber Crime Worldwide
Instructions: Cyber crime is not a problem exclusive to the United States. Indeed, because the Internet can be accessed nearly anywhere in the world, cyber crimes can be committed anywhere in the world. Some of the most notorious hackers who have committed crimes against U.S. companies and individuals did so from Russia, Kazakhstan, Israel, and the Philippines.
Read through the information provided on the URL below and answer Questions 1 and 2.
Visit URL:
Convention on Cyber Crime
http://en.wikipedia.org/wiki/Convention_on_Cybercrime
Questions and Answers
Answer the following questions in the fields below.
Question 1: What is the “Convention on Cyber Crime” approved by the Council of Europe (COE)?
Question 2: Why was the convention’s ratification by the United States considered controversial by some?