Chapter 5: State Cybercrime Laws
These type of criminal laws have changed so much over the last decade that they are set apart from older categories of crimes like larceny and arson.
What are cybercrimes?
These type of laws often specify what information needs to be protected under the law when a breached company must provide notification and to whom and whether civil action may be brought by victims.
What are data breach laws?
This federal law for U.S. identity theft covers eight different scenarios, using various requisite intents and acts.
What is 18 U.S. Code Section 1028?
In the majority of U.S. states, the identity theft laws refer to the perpetrator having this ______ to defraud to to deceive.
What is intent?
This is the only state with a cybercrime statute that only has one class of penalty.
What is Alaska?
This concept is pivotal to the federal law, the CFAA, but only twenty-five (25) states, as of the date of publication of the text, have statutes that explicitly prohibit activities hat exceed authorized access.
What is/are authorization or exceeds authorized access?
For the majority of states that have data breach laws, these are the three (3) types of information that are considered protected. Name all three.
What are social security numbers, drivers license numbers, and financial account numbers?
This is the maximum sentence in years for most federal identity theft offenses.
What is fifteen (15) years?
This type of law/these laws are tangential to identity theft laws and are about pretending to be someone else to obtain information.
What is/are false personation law/s?
In chapter seveb (7), the punishment for federal identity theft may be increased to twenty (20) years if committed while facilitating one of these other crimes. Name one.
What is drug trafficking? What is a crime of violence? What is after a prior conviction?
Some states address email cybercrime, such as this. Name one.
What is phishing? What is disseminating spam? What is spoofing?
This is the name of the Illinois law that protects biometric data. Use the internet or AI to identify this law.
What is the Biometric Information Protection Act (BIPA)?
This U.S. federal statute that covers aggravated identity theft.
What is 18 U.S. Code Section 1028A?
This statute under the Illinois Financial Crimes Law includes records disposal aspects of identity theft.
What is facilitating identity theft?
Chapter 6 discusses that state laws generally only apply their data breach laws to data that is this.
What is unencrypted?
Name the five parts of/what the acronym stands for in Microsoft's STRIDE cyber threat modeling system.
What are Spoofing, Tampering with data, Repudiation, Information disclosure, Denial of service, and elevation of privilege?
In this many states (as of the date of publication of the text), if there is no reasonable likelihood of harm to the consumer, no notification of breach needs to be made.
What is eighteen (18)?
After this judicial case, the federal identity theft statute should be read as requiring the perpetrator to have knowledge that another person's identification information was being used if the violated provision refers to another person.
What is Flores-Figueroa v. United States?
Many of these criminal laws in the states are more about pretending to be a type of person rather than pretending to be a specific person.
What are criminal impersonation laws or impersonation laws?
In Chapter 5, state cybercrime laws frequently address actions on data that may not amount to a change in the system. Name the four (4) actions that are addressed by thirty-five states.
What are disclosing, using, controlling and taking data without authority.
According to the text, Cybercrime laws are defined and differentiated according to these two elements/factors. Name both.
What are authorization and intent?
The text identifies this as a common factor is a data breach, referring to the phenomenon of information that was supposed to have a limited audience being exposed outside of that audience.
What is the loss of exclusivity? or the loss of exclusivity for the breached information?
This is the required mental state or mens rea for the federal identity theft statute for Section 1028 and Section 1028A of 18 US Code Section 1028?
What is knowingly?
Generally, under state criminal laws what mindset/mens rea is required for identity theft? Hint, three elements are in the answer.
What is intentionally, knowingly, or willfully?
In Chapter seven (7), these are the five (5) verbs associated with federal identity theft.
What are produce, transfer, process,use, and traffic?