SP TP: Computer Crime & the Law
CJ 326 – 201
Spring, 2008
Tuesday & Thursday, 9:30 – 10:45 am, SH 416
Syllabus
Required Text: Kerr, Orin S. (2006). Computer Crime Law. St. Paul, MN: Thompson/West.
Instructor: Margaret Phipps (“Peggy”) Brown
Office: Smith Hall 776
Office Phone: 304/696-3086 (Takes message anytime)
Home Phone: 304/529-3423
Fax Number: 304/696-3085
Email:
Web Page: www.marshall.edu/criminal-justice/brownmp.htm
Course Description: Students will identify and define criminal acts committed with computers or directed toward computer systems, electronic search and seizure and electronic evidence.
Prerequisites: None.
Computer Requirements: Access to the internet and email through your Marshall University account are required.
Desired Learner Outcomes/Objectives: At the conclusion of this course, students should be knowledgeable about (1) computer crimes; (2) information security; (3) electronic search and seizure issues; (4) the introduction and use of electronic evidence in court.
Evaluation of Learner Objectives: Assessment methods will include: (1) written case briefs; (2) written examinations; (3) written homework assignments; (4) quizzes; and (5) class participation/discussion. These assessment methods will be used to evaluate: (1) the ability to read and comprehend text material, including research on subject, appellate court opinions, statutory material, and to sue critical thinking skills to develop a comprehensive understanding of the law of computer crimes, electronic search and seizure, and electronic evidence, and (2) the ability of students to integrate outside research materials, text materials, and lecture information so that it may be applied to hypothetical fact situations.
Attendance Policy: It is not my policy to enforce attendance to my classes. However, this class will involve coverage of a voluminous amount of material, in-class assignments, groups work, and homework assignments. And, this material will be covered in a period of only four weeks. Therefore, I strongly encourage you to attend class. Attendance at exams is required unless previously excused. In-class assignments cannot be made up.
Marshall University may be forced to alter its regular schedule due to inclement weather. If a decision is made to delay or cancel classes, information should be available on TV and radio.
Weather Policy:
1. Marshall University may be forced to alter its regular schedule due to inclement weather. If a decision is made to delay or cancel classes, information should be available on TV and radio.
2. Marshall University’s Weather Related Closing policy is located at: http://www.marshall.edu/ucomm/weather.html.
3. I will do my best to contact students by email in the event Marshall closes the University for one or more classes for any reason.
Do NOT risk your personal safety to come to class. If the weather where you live is dangerous, please just let me know that you will not be able to make class.
Classroom Civility:
1. All students are expected to be in class on time (including exam days).
2. All pagers, wireless phones, electronic games, radios, tape or CD players, or other electronic devices must be turned off before students enter the classroom. This means no text messaging during class sessions or exams.
3. Individual conversations are not permitted.
4. Any questions that pertain to the syllabus, assignments, or grades should be asked before or after the lecture/discussion begins. Questions asked during the lecture must be relevant to the topic being discussed.
5. Respect different opinions and keep an open mind.
6. All students are expected to abide by the academic dishonesty policy. This means no cheating or plagiarizing!
7. Students are expected to speak one at a time. Do not be disruptive.
8. Working on other materials or homework during class time is considered disruptive not only to the instructor, but to classmates as well.
9. Do not use class time to catch up on your ZZZZZ’s.
10. No food or alcoholic beverages are permitted (non-alcoholic beverages are acceptable).
11. Students are prohibited from leaving the classroom once the lecture or discussion has started. Only in the case of an emergency can a student leave the room. If you need to leave class early for some reason, notify the instructor in advance.
12. Support your fellow classmates and reward each other with positive remarks/comments. This includes any editing remarks students may make when asked to review other students’ work.
Exam/Assignment Policy and Make-Ups:
It is the student’s responsibility to notify the instructor if s/he is unable to take an examination. If a student fails to contact the instructor prior to the exam or if a student does not appear to take the exam, that student will receive a grade of zero for the exam. Those students who do contact me and have a legitimate excuse (including a family emergency/illness or pre-approved university sponsored activities), an alternative time to take the exam will be determined. The format of the make-up exam will be left to the instructor’s discretion. A student who is tardy on exam day will not be permitted to take the exam once the first student to complete the exam has left the classroom; the student who is tardy will not be permitted to take the exam or a make-up exam.
Academic Dishonesty:
Students must be familiar with Marshall University’s Academic Dishonesty Policy. Academic dishonesty includes cheating, fabrication and falsification of data or information, plagiarism, bribes/favors/threats, and complicity with any of these activities. Students who violate this policy face sanctions included in the Academic Dishonesty Policy, including lowering of a grade on an assignment, lowering of a final grade, or failing the course. The Academic Dishonesty Policy is set forth in the 2005-2007 Marshall University catalog on pp. 105-106.
Grades:
Case Briefs / 100 points / 90-100% = AHomework/In-class work/quizzes / Up to 200 points / 80-89% = B
Exam # 1 / 100 points / 70-79% = C
Final Exam / 100 points / 60-69 = D
Below 60% = F
Tentative Course Outline:
Week / Material / Text pages1/14/08 / Introduction
Case Briefing Instructions
Chapter 1 – Introduction
Chapter 2 – Computer Misuse Crimes
(Section A – Why Punish Computer Misuse?)
Jan 14-18 Late registration and schedule adjustment / pp. 3-8
pp. 7-13
1/21/08 / Chapter 2 – Computer Misuse Crimes
(Section B – Property Crimes as a Response)
BRIEF: United States v. Seidlitz
State v. McGraw
(Section C – Unauthorized Access Statutes)
BRIEF: State v. Allen
United States v. Morris
EF Cultural Travel BV v. Explorica, Inc.
EF Cultural Travel BV v. Zefer Corp.
Jan 21 Classes dismissed – Martin Luther King, Jr. Birthday
Jan 22-Mar 21 “W” Withdrawal period (for individual classes) / pp. 13-74
1/28/08 / Chapter 2 – Computer Misuse Crimes
(Section D – Computer Fraud Statutes)
BRIEF: United States v. Czubinski
(Section E – Computer Damage Statutes)
BRIEF: United States v. Middleton
United States v. Sablan / pp. 74-107
2/4/08 / Chapter 3 – Traditional Crimes
(Section A – Economic Crimes)
BRIEF: People v. Johnson
United States v. Farraj
United States v. Genovese
United States v. Cabera
United States v. Moran
United States v. Shabazz
Feb 8 Application for May graduation due in academic dean’s office / pp. 108-158
2/11/08 / Chapter 3 – Traditional Crimes
(Section B – Crimes Against Persons)
BRIEF: United States v. Alkhabaz
United States v. Carmichael
(Section C – Vice Crimes)
BRIEF: United States v. Cohen
Miller v. California
United States v. Thomas
Feb 15 Last day to drop 1st 8 weeks course / pp. 158-210
2/18/08 / Chapter 3 – Traditional Crimes
(Section D – Child Exploitation Crimes)
BRIEF: United States v. Mohrbacher
United States v. Tucker
Ashcroft v. Free Speech Coalition
United States v. Marchand
United States v. Poehlman / pp. 210-263
2/25/08 / REVIEW
EXAM # 1 (2/28/08)
3/3/08 / Chapter 4 – Sentencing
(Section A – Are Computer Crimes Different?)
BRIEF: United States v. Lee
(Section B – Sentencing in Child Pornography)
(Section C – Sentencing in Computer Misuse)
(Section D – Supervised Release/Probation)
BRIEF: United States v. Paul
United States v. Sofsky
Mar 5 Mid-semester, 1st 8 weeks courses end
Mar 6 2nd 8 weeks courses begin / pp. 264-297
3/10/08 / Chapter 5 – The Fourth Amendment
(Section A – Requirement of Govt. Action)
BRIEF: United States v. Jarrett
(Section B – Defining Searches and Seizures)
BRIEF: United States v. David
United States v. Gorshkov
(Section C – Exceptions to the Warrant Req.)
BRIEF: State v. Appleby
United States v. Ickes
Leventhal v. Knapek
Mar 10 Deadline for submitting freshmen midterm grades / pp. 298-351
3/17/08 / Chapter 5 – The Fourth Amendment
(Section D – Searching/Seizing w/o Warrant)
BRIEF: United States v. Adjani
United States v. Scarfo
United States v. Gray
Mar 21 Last day to drop a full semester individual course / pp. 351-394
3/24/08 / Spring Break – Classes Dismissed
Mar 24-May 2 Complete withdrawals only
3/31/08 / Chapter 5 – The Fourth Amendment
(Section E – 4th Am and Computer Networks)
BRIEF: United States v. Horowitz
Smith v. Maryland
Guest v. Leis
United States v. Barr
Mar 31 Students should schedule appointments with advisors to prepare for advance registration
Mar 31-Apr 4 Advance registration for summer session for currently enrolled students / pp. 394-445
4/7/08 / Chapter 6 – Statutory Privacy Protections
(Section A – Wiretap Act)
BRIEF: O’Brien v. O’Brien
Griggs-Ryan v. Smith
United States v. Auler
McClelland v. McGrath
(Section B – Pen Register Statute)
BRIEF: In re Application of the USA
Apr 4 Advance registration sor summer session open to all admitted/re-admitted students
Apr 9 Assessment day – Classes dismissed
Apr 11 Last day to drop 2nd 8 weeks course / pp. 446-500
4/14/08 / Chapter 6 – Statutory Privacy Protections
(Section C – Stored Communications Act)
BRIEF: United States v. Kennedy
Anderson Consulting LLP v. UOP
(Section D – Overview and Problems)
Problem One
Problem Two
Problem Three
Apr 14-25 Advance registration for fall semester for currently enrolled students / pp. 500-531
4/21/08 / Chapter 8 – National Security
(Section A – Fourth Amendment)
BRIEF: United States v. United States District Court
(Section B – FISA)
(Use of FISE Evidence in Criminal Cases)
BRIEF: United States v. Squillacote / pp. 630-665
4/28/08 / REVIEW/CATCH UP
Apr 28-May 2 Dead week
Apr 28-May 9 Advance registration for fall semester open to all admitted/re-admitted students
May 2 Last class day and last day to completely withdraw for spring semester
5/5/08 / FINAL EXAM: Tuesday, 5/6/08 @ 8:00 am
May 5 Exam Day
May 6 Exam Day
May 7 Study Day – Exams for Wednesday classes 3 pm or after will be held
May 8 Exam Day
May 9 Exam Day
May 10 Commencement
May 10-18 Advance registration/schedule adjustment for fall semester suspended
*Information covered each week may vary from this schedule, based on student interest and/or comprehension.
Grade Inquiries:
Student materials will be returned as soon as graded to the student. If the student has a question about a grade on an assignment, the student must bring the assignment to the professor. No grade inquiries about specific assignments will be explored without the questioned assignment. It is the student's responsibility to keep their materials. Final examinations and materials not picked up will be kept in my office for 30 days into the next semester. A student may pick up their final examination and other materials after grades are turned in for the semester until thirty days into the next semester. At that time, finals and all other material not claimed will be destroyed.