In a typical situation, law enforcement will obtain a probable cause warrant to search a computer or other electronic device. In some cases, law enforcement is able to obtain information without a warrant, as in the case of United States v. Warshak (Links to an external site.) or downloading images of child pornography from a peer-to-peer file-sharing program. After reading our chapter on Cybercrimes and reviewing your resources and PowerPoints answer the following questions with a full discussion and analysis.
Provide detailed answers to the following questions:
What is the definition of cybercrime and what are the three general categories of computer-related crimes?
The U.S. Supreme Court has ruled that a citizen must establish a reasonable expectation of privacy to seek protection of a violation under the Fourth Amendment. Which case established this principle and how did the government, in Warshak, argue that the warrantless, ex parte seizure of private emails did not violate the Fourth Amendment’s prohibition on unreasonable searches and seizures? Why did the Warshak court hold that a subscriber enjoys a reasonable expectation of privacy in the contents of emails that are stored with, or sent or received through, a commercial ISP?
Courts are often asked to rule on a motion to suppress the evidence or to exclude the evidence. What does this mean, and what would a defendant need to establish in order to convince a court to rule in their favor?
Congress passed the federal wiretap act many years ago, what does the act provide and what are the penalties for violating the federal wire fraud act?
Why are cybercrimes difficult to investigate and prosecute? What do we need to do in an international investigation of cybercrimes and cyberterrorism?
Instructions:
Your paper should be 3-4 pages long and follow the APA guidelines (Links to an external site.). Each question should be answered with a full discussion and analysis with proper cyberlaw terminology. Remember that your answers should be grammatically correct and should cite resources that are not your own. For example:
When using your textbook your answer should contain in-text citations (Craig, 2013), or according to Craig (2013).
If you use direct quotes, you must explain the direct quote in your own words.
An abstract and reference page should be included in your essay.
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