CSX Legal Framework & Constitutional Law 3

Question 1

Under the Computer Fraud and Abuse Act (CFAA), what is the threshold amount of damage or loss that elevates a violation to a federal felony?

Accepted Answer

$5,000 in a one-year period

Answer

The CFAA requires aggregated damage or loss of at least $5,000 during a one-year period for many felony provisions to apply.

Question 2

A security researcher accesses a company's publicly available web server to demonstrate a vulnerability without authorization. Under the CFAA, which element is most contested in this scenario?

Accepted Answer

Whether the researcher acted 'without authorization' or exceeded authorized access

Answer

The 'without authorization' or 'exceeds authorized access' element is the most contentious CFAA issue for security researchers accessing systems without explicit permission.

Question 3

Which CFAA provision specifically criminalizes trafficking in passwords or similar information used to access protected computers?

Accepted Answer

18 U.S.C. § 1030(a)(6)

Answer

Section 1030(a)(6) of the CFAA prohibits knowingly trafficking in passwords or similar information through which a protected computer may be accessed without authorization.

Question 4

In Van Buren v. United States (2021), how did the Supreme Court interpret 'exceeds authorized access' under the CFAA?

Accepted Answer

It is limited to accessing areas of a computer that are off-limits, not misusing access to permissible areas

Answer

Van Buren narrowed 'exceeds authorized access' to mean accessing parts of a system one is not permitted to access, not misusing access to areas one is already allowed to view.

Question 5

Which statute, alongside the CFAA, primarily governs criminal wiretapping and interception of electronic communications in the United States?

Accepted Answer

Electronic Communications Privacy Act (ECPA) – Title I (Wiretap Act)

Answer

Title I of ECPA, known as the Wiretap Act (18 U.S.C. § 2511), prohibits intentional interception of wire, oral, or electronic communications.

(CSX) Cybersecurity Nexus Certification Practice Test

(CSX) Cybersecurity Nexus Certification Practice Test

CSX Legal Framework & Constitutional Law 3