Question 1
The court decision that defined obscenity as being a work that "taken as a whole, lacks serious literary, artistic, political, or scientific value" is:
A. Roth v. United States.
B. FCC v. Pacifica Foundation.
C. Miller v. California.
D. Furman v. Georgia.
Question 2
Which of the following Supreme Court cases, affecting all subsequent obscenity rulings since, held that the state has a "compelling interest" in protecting the welfare of children?
A. Roth v. United States
B. FCC v. Pacifica Foundation
C. Miller v. California
D. Regina v. Hicklin
Question 3
Which of the following acts first attempted to protect families and children from online sexually explicit acts?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1982
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act of 1977
Question 4
In an effort to tighten prohibitions at the Federal level against child pornography, what did Congress introduce that eliminated the obscenity requirement established in Miller v. California?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1982
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act of 1977
Question 5
Without question, the single most important court decision regarding state prohibitions of child pornography is:
A. New York v. Ferber.
B. Miller v. California.
C. Stanley v. Georgia.
D. Osborne v. Ohio.
Question 6
The Supreme Court has said that states have more leeway in the regulation of pornographic depictions of children than in the regulation of obscenity because:
A. the Supreme Court has no jurisdiction over state lawmaking.
B. the use of children as subjects of pornographic materials is harmful to the mental health of the child.
C. no obscenity statute has ever been upheld by the Supreme Court.
D. most state constitutions do not allow for freedom of expression.
Question 7
What replaced the "Protection of Children Against Sexual Exploitation of 1977" act?
A. The Omnibus Crime Control Bill
B. Title 18 of the United States Code
C. The three pronged test of Cahill v. Utah
D. The Child Protection Act of 1984
Question 8
Which of the following was enacted in anticipation of an explosion of explicit material emerging on the Internet and specifically targets the issue of virtual child pornography?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1996
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act
Question 9
What court struck down most of the Child Pornography Prevention Act, saying that it was unconstitutional to the extent that it proscribed computer images that did not involve the use of real children in their production or dissemination?
A. The Eleventh Circuit Court of Appeals
B. The Sixth Circuit Court of Appeals
C. The Eighth Circuit Court of Appeals
D. the Ninth Circuit Court of Appeals
Question 10
What issue, of interest to computer crime prosecutors, has not yet been ruled upon by the United States Supreme Court?
A. Whether the First Amendment will be applicable to Internet communications
B. Legislation dealing with technologically generated computer images
C. The continuation of the exclusionary rule
D. Whether Congress can pass laws prohibiting child pornography
Question 11
The probable cause requirement of the Fourth Amendment:
A. is based on a "reasonable person" standard.
B. does not apply if you have a warrant.
C. does not apply in computer crimes.
D. applies only when police get a warrant.
Question 12
The Electronic Communications Privacy Act of 1986 gave individuals more protection than the Fourth Amendment because:
A. the Fourth Amendment does not apply to state police, it only applies to federal authorities.
B. statutory law is more binding than case law.
C. it applies to all individuals, not just those acting on behalf of the government.
D. it makes the "equal protection" clause of the Fourteenth Amendment applicable to the states.
Question 13
One failing of the Electronic Communications Privacy Act of 1986 is that:
A. it was found to be "arbitrary and capricious" by the Ninth Circuit.
B. it only extends to communications which affect interstate or foreign commerce.
C. jurisdictional issues render it impossible to enforce.
D. it expires by operation of law in 2006.
Question 14
Which act requires manufacturers of telecommunications equipment and service providers to develop systems which provide the capability for surveillance of telephone and cellular communications, advanced paging, satellite-based systems, and specialized mobile radio?
A. CALEA
B. ECPA
C. PPA
D. Harrison Communications Act of 1997
Question 15
Which of the following is TRUE concerning search warrants?
A. Contraband cannot be seized unless it is specifically mentioned in the warrant.
B. Federal law enforcement authorities are not required to get search warrants.
C. The warrant must describe with particularity the places to be searched and the items to be seized.
D. A search warrant can only be obtained from a federal judge.
Question 16
Lawrence decides to have a few friends over for a cookout. While he is outside flipping burgers on the grill, one of his guests goes inside Lawrence's house and starts looking through the files on his computer without Lawrence's permission. He finds pornographic pictures that Lawrence has made of some of the neighborhood kids. Although he is not affiliated with law enforcement in any way, the guest feels it is his civic duty to copy the files onto a disc and turn them over to the police. Lawrence is arrested. Lawrence tells his lawyer that his Fourth Amendment rights have been violated because the search and seizure was unreasonable. This argument is:
A. not valid. Since computer evidence can be destroyed easily and quickly, exigent circumstances dictated that no warrant was necessary.
B. valid because there was no probable cause for the guest to have searched the computer prior to his doing so. Any evidence found must be excluded.
C. valid because a warrant was necessary to seize the files.
D. not valid because no Fourth Amendment protection exists for searches conducted by someone acting independently absent direction from the government.
Question 17
Not all searches require a search warrant. For example, a consent search does not require a warrant if which of the following requirements is met?
A. The person giving the consent must have the proper authority over the area to be searched and is legally capable of granting such access.
B. It can be shown that a magistrate or judge was unavailable.
C. It can be shown that those conducting the search checked with the U.S. Attorney's office before proceeding.
D. The person giving the consent must be advised beforehand that any evidence seized can be used in a court of law against him and that he has the right to an attorney before the search takes place.
Question 18
The police obtain a search warrant to go to Harry's house and look for stolen computers. They serve the warrant and, once inside, begin their search. While on the scene, one of the officers sees a bag of marijuana in plain view on Harry's coffee table. He immediately knows it is marijuana, based on his 10 years of experience as a drug officer. The evidence is seized, and Harry is charged with possession of marijuana. Was the seizure of the marijuana valid under the Fourth Amendment?
A. Absolutely not. The Fourth Amendment requires that the object of the search be described with particularity. Since the police had no probable cause to search for drugs, and it wasn't mentioned in the warrant, they exceeded the bounds of the warrant, and the exclusionary rule will require that the evidence be thrown out.
B. Absolutely. The police were acting in a lawful manner by being in the house to serve a search warrant. Since they were legally on the scene, anything in plain view which is obviously evidence of any crime can be seized and will be admissible in Harry's trial.
C. Absolutely not. Unless the officer who seized it is a drug identification expert and tested the material, there is no way that the officer can know for certain that the item was in fact marijuana. The motion to suppress this evidence will be granted by the judge.
D. Absolutely. Marijuana is contraband, and it is illegal to possess it. As such, there are no Fourth Amendment protections. Regardless of whether the police were in an area where they were legally entitled to be or not, this evidence can be seized and will be admissible in court at Harry's trial.
Question 19
A computer crime investigator looks for suspected child molesters by going to a live chat room on the Internet. She does not identify herself as a police officer. In fact, she does not say anything at all but remains silent in the chat room. If she is able to obtain enough evidence to use against a molester to build a case against him, what will most courts likely say about her methods? (Assume for the purposes of this question that the court in question is not the Ninth Circuit Court of Appeals.)
A. Most courts will likely say that a wiretap was required prior to obtaining any evidence.
B. Most courts will likely say that the molester had a reasonable expectation of privacy since the officer did not say anything and the molester did not know she was there. Therefore, any evidence collected will be excluded.
C. Most courts will likely say that no warrant was required. Since the officer could read the offending words on her screen, they are considered to be in "plain view" and are thus exempt from the warrant requirement of the Fourth Amendment.
D. Most courts will likely say that there is no expectation of privacy in an Internet chat room since others are likely to visit there. Therefore, no warrant is necessary.
Question 20
Generally, it can be said that because the courts recognize the difficulty of detection and prosecution of cyberspace child pornography, they tend to:
A. give child pornographers the harshest possible sentences.
B. rule consistently from court to court.
C. give child pornographers sentences far less than those provided for under law.
D. fail to agree on the appropriateness of traditional investigative techniques.