Problem 1: CLIENT Co. hires SECUR Co. (an IT security company) to test the security of its software as a service platform. Sam and Charlie work for SECUR Co. as part of its penetration testing team. More specifically, Sam is responsible for running a social engineering campaign to test for vulnerabilities relating to Client Co.'s employees. Charlie is responsible for destructive testing (i.e. pushing the client's system until it fails).
A) What contract provisions discussed in class will help SECUR Co. if the destructive testing conducted by Charlie causes damage to CLIENT Co.'s systems or data? Explain what each provision identified does and it protects SECUR Co.
B) Using a consequential framework discussed in class, analyze if it is ethical for Sam to impersonate other people and lie to CLIENT Co.'s employees as part of a social engineering campaign included in the penetration testing package purchased by CLIENT Co.
Problem 2: Charlie (age 21) was driving home when stopped for speeding. When the office checked Charlie's drivers license and car registration, the officer was made aware of the fact that Charlie was wanted for questioning in connection with robbery. Charlie was arrested. When Charlie was arrested, the officer searched Charlie and Charlie's phone. The day of the arrest, the officer spent three hours going through Charlie's text messages and calls for the past month. The officer found several text messages from 15 days before the arrest and 28 days before the robbery relating to a mural painted without permission on a public building by Charlie, but nothing about the robbery. The officer used the messages relating to the mural to obtain a search warrant for Charlie's home and computer. When the search warrant was executed, painting supplies and sketches for a 5 other pictures painted on walls of buildings without permission were found. Charlie was charged with mischief in relation to the first mural and the 5 other pictures.
As Charlie's lawyer, what arguments should you make to defend Charlie, and which cases studied in class help or hurt those arguments? Explain how the cases cited help or hurt Charlie's defense.