Chapter 32
CYBERLAW
Practice Test
1. Three travel agents used fictitious accounts to steal 61 million frequent flyer miles from American
Airlines. They traded this mileage in for 546 free tickets, with a value of $1.3 million. As evidence in
the criminal trial, prosecutors used electronic communications from the agents on SABRE,
American’s computerized travel reservations system. The agents alleged that this search was illegal
under the Fourth Amendment to the Constitution. Do you agree?
Under the ECPA, American had a right to disclose any electronic communications sent on its system
(it owned Sabre). Moreover, as the recipient, American could disclose the contents of the messages.
United States v. Mullins, 992 F.2d 1472; 1993 U.S. App. LEXIS 24398.
3. To demonstrate the inadequacies of existing computer security systems, Cornell student Robert
Morris created a computer virus. His plan, however, went awry, as plans sometimes do. He thought
his virus would be relatively harmless but it ran amok, crashing scores of computers at universities,
military sites, and medical research sites. Under what statute might Morris be charged? Has he
committed a crime, or is he liable only for civil penalties? Does it matter that he did not intend to
cause damage?
Morris was convicted of a crime under the Computer Fraud and Abuse Act of 1986. The statute does
not require intent to cause harm, only intent to trespass on a computer (i.e., to release the virus).
United States v. Morris, 928 F.2d 504; 1991 U.S. App. LEXIS 3682 (2d Cir.).
5. During the course of 10 months, Joseph Melle sent more than 60 million unsolicited e-mail
advertisements to AOL members. What charges could AOL bring against him in Washington? In
your state? (You can find out more about your spam law in your state at http://law.spamcon.org.)
AOL brought four causes of action against Melle: false use of a trademark under the Lanham Act;
violation of the Federal Trademark and Dilution Act of 1995; violation of the Computer Fraud and
Abuse Act; and trespass to chattels under Virginia law. Melle agreed to a permanent injunction
prohibiting him from sending more spam over the AOL network. America Online v. IMS, 24 F.Supp.
2d 548; 1998 U.S. Dist. LEXIS 17437.
7. Nancy Garrity and Joanne Clark worked for John Hancock Mutual Life Insurance Company. On their
office computers they regularly received sexually explicit e-mails from friends and from Internet
joke sites, which they then sent to co-workers. When a fellow employee complained, Hancock
searched their e-mail folders and, finding inappropriate e-mails, fired the two women. The Hancock
e-mail policy states: “Messages that are defamatory, abusive, obscene, profane, sexually oriented,
threatening or racially offensive are prohibited. Company management reserves the right to access all
E-mail files.” The two employees filed suit against Hancock, alleging that the company had invaded
their privacy. How would you rule as judge?
Although the court acknowledged that the plaintiffs thought their e-mail was private, it held that this
expectation was unreasonable. Once the plaintiffs sent messages over an e-mail system that was
utilized by the entire company, any reasonable expectation of privacy was lost. Morevoer, the two
employees could not have a reasonable expectation of privacy in e-mails stored on company
computers. Garrity v. Hancock, 2002 U.S. Dist. Lexis 8343 (2002).
9. Craig Hare offered computers and related equipment for sale on various Internet auction Web sites.
He accepted payment but not responsibility—he never shipped the goods. Both the FTC and the U.S.
attorney general in Florida (that is, the prosecutor for the federal government) brought charges
against him. What charges did they bring? Why would these two separate agencies of the federal
government both bring suit?
The FTC can bring only civil charges. In response to the FTC suit, Hare agreed to a permanent
injunction barring him from using the Internet to advertise, market, or offer for sale any goods or
services. The Attorney General brought criminal charges for mail and wire fraud. Hare pled guilty
and was sentenced to six months’ home detention and three years’ probation and ordered to pay
$22,000 to his victims.