The Counterfeit Access Device and Computer Fraud and Abuse Act

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Chapter 8:

Question No. 2:

The Counterfeit Access Device and Computer Fraud and abuse Act or CADCFA Act has categorically placed the provision of the law against authorised access and use of federal and private computers. The penalties under CADCFA Act are of 5 to 21 years of imprisonment.

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Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. Unauthorised access to the federal and personal computer and the data contained in it is part of the theft. The use of the computer in the unauthorised manner is part of trespassing and misdemeanour. Ethics can be defined as the act of person against the law or which is not right. Here, Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. The case is not only unethical but also illegal. Mr. Wang was not authorised to pass the trade secret to Gordon Eubanks, Symantec’s Chief. The passing of the trade secrets amounts to be unethical. The information or the trade secrets were passed by Mr. Wang to Gordon Eubanks, Symantec’s Chief by using computer device. Had the information been in the head of Mr. Wang, he would not have used the computers to pass on the trade secrets to another person. There is no point thinking about the fact that Mr. Wang would not do such acts in future. The acts were done intentionally and no one can guarantee the good behaviours of Mr. Wang in future.

Question No. 5:

The causing of death of another person due reckless behaviour comes under involuntary manslaughter. The owner of the construction firm William Lattarulo charged with manslaughter as one of his construction worker suffered injury and died during digging. The charge against William Lattarulo was that he did not hire a consultant to oversee the digging work. In this case Mr. Ortega’s co-worker and the consultant warned Mr. William Lattarulo that the trench was unsafe and needed support but Mr. Lattarulo did not care. The careless behaviour of Mr. William Lattarulo resulted into loss of precious life of Mr. Ortega. The gross negligence of Mr. Lattarulo amounts to wilful or depraved indifference to human life. Therefore, Mr. Lattarulo is rightly charged with second degree murder.

Question No. 6:

Two sections of the RICO act are important for analysis the case. The section 1962 (a) of RICO act says that it would be unlawful if one person receives income from racketeering activity and invest the part of the money for his own benefit (Carlan, Nored, & Downey, 2011). The section 1962 (c) says that it would be unlawful if a person associated or employed by any organisation actively pursues activities that affects the interstate and foreign commerce.

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