Activity

Kramer was served an enhanced sentence according to the U.S. Sentencing Guidelines for
his use of a cellphone to “persuade, induce, entice, coerce, or facilitate the travel of the minor to
engage in prohibited sexual conduct.” Kramer argued that this claim was insufficient because his
charge included persuading through a computer device and his cellular phone technically is not a
computer. (What is your insight regarding to the statement? 200 words) (What crime is being
committed? 200 words)
I have searched in the internet the U. S Sentencing Guidelines, to my surprise this question is
actually a real case, UNITED STATES of America, Appellee, v. Neil Scott KRAMER, Appellant with
No. 10-1983 and had been decided last February 08, 2011.It is very shallow of Kramer to argue that
application of the enhancement was procedural error because a cellular telephone, when used only to
make voice calls and send text messages, cannot be a “computer” as defined in 18 U.S.C. § 1030(e)(1),
and (2) that even if a phone could be a computer, the government's evidence was insufficient to show that
his phone met that definition. The U.S. Sentencing Guidelines Manual is crystal clear in elaborating and
giving meaning to a computer as an electronic, magnetic, optical, electrochemical, or other high speed
data processing device performing logical, arithmetic, or storage functions, and includes any data storage
facility or communications facility directly related to or operating in conjunction with such device. It does
not, however, “include an automated typewriter or typesetter, a portable hand held calculator, or other
similar device.”This definition captures any device that makes use of a electronic data processor. The
language and terms used by the USC are exceedingly and undeniably broad.
Kramer is a sexual predator. In court, Kramer was charged with transporting a minor across state
lines in order to engage in illegal sexual activity, a violation of 18 USC. The state also sought a harsher
sentencing for Kramer for using his cellphone to make voice calls and send text messages to the victim. In
particular, the state argued that a cellphone falls under the definition of a computer under U.S.S.G.§
2G1.3(b)(3), which states that "the use of a computer or an interactive computer service to ... persuade,
induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual conduct" will
result in longer prison sentences.On November 10, 2008, the victim contacted Kramer and the two
arranged to meet. The pair drove to the Comfort Inn in Willow Springs, Missouri, where Kramer "plied
the victim with illegal narcotics and then engaged in sexual intercourse with her." The following morning,
Kramer and the victim drove to Kramer's trailer in Violet, Louisiana. Upon their arrival, Kramer gave the
victim more narcotics and again had sexual intercourse with her. On Friday November 14, Kramer took
the victim to a bar in Poydras, Louisiana. After several alcoholic drinks, the victim went to the restroom
where she was able to text the police. Kramer was arrested in the bar's parking lot, while the victim was
eventually reunited with her family.

John got a Short Message Service (SMS) from a certain individual informing him that he had won a
big sum of money; however, in order to claim the reward, personal information and an advance fee
for the transaction are required. Is John a potential victim of computer crime? Elaborate your
answer. (500 words)
 John indeed is a potential victim of computer crime. Computer crime or cybercrime as we
commonly use, does not only focus on crimes that involves computer, it can also be any digital or
electronic device as a medium to commit a crime such as Financial Crimes (Credit card Frauds; Money
Laundering), Cyber Stalking, theft, Email Spoofing, Unauthorized access, Cyber Pornography, Online
gambling, Privacy Violations, etc. If my hypothesis serves me right, what John has been experiencing
Spamming which is the use of electronic messaging systems like e- mails and other digital delivery
systems and broadcast media to send unwanted bulk messages indiscriminately. The term spamming is
also applied to other media like in internet forums, instant messaging, and mobile text messaging, social
networking spam, junk fax transmissions, television advertising and sharing network spam.
It is intelligible and lucid that its a scam. How can you get a big sum of money without working hard or
even play the lottery? Winning an unexpected prize sounds great in theory. However, being notified of
winning a contest you didn’t enter is a dead giveaway of a phishing text. It is a cliché, everything starts
when you receive Short Message Service (SMS) telling you that you have won a big amount of money or
gadget or anything, but to receive it, you have to submit your bank account or credit card information to
cover shipping charges. Not only will you lose that money but you may also have your bank account or
credit card compromised. If you legitimately win a product you will not be asked for any personal
financial information or to pay for the shipping.
Actually I have friends who were scammed in the same manner, amazingly gullible. I had also received
SMS analogous to John, not just once but many times. And one of the most disturbing spam text
messages I have ever received leads you to believe that a family member is in trouble and needs
immediate financial help. The sender tries to convince you that wiring money or load is necessary to
prevent a financial or medical emergency – or that a loved one is involved in a landslide or flashflood
situation. It should be also noted that if any legitimate government agency needs to contact you, they will
usually do so via mail, certified letter or contact you personally with their legit staff. The necessity of
internet connectivity and electronic devices has enabled an increase in the volume and pace of cybercrime
activities because the criminal no longer needs to be physically present when committing a crime.Most
cybercrimes are carried out in order to generate profit for the cybercriminals and as time passes by they
use various and new attack tactics to carry out their cyberattacks and are constantly seeking new methods
and techniques for achieving their goals, while avoiding detection and arrest.
A primary effect to John if he would take the risk and devour the bait will be financial loss. And if theres
financial loss, mental and physical health may or can be involved. John should be vigilant, so he would
not be victimized by scams.

ASSESSMENT MULTIPLE CHOICE. Write your best answer in the space provided before the number.

A 1. What is the deliberate engagement, maintenance, control, or operation of any lascivious exhibition of sexual
organs or sexual activity, directly or indirectly, with the help of a computer system, for favor or consideration?
A. Cybersex B. Pornography C. Stalking D. Cyberstalking

B 2. What is the deliberate or careless alteration, destruction, deletion, or degradation of computer data,
electronic documents, or electronic data messages without permission, including the introduction or transmission of
viruses?
A. Data Inference B. System Inference C. Illegal Interception D. Illegal Access
B 3. What is an illegal program that operates from within what appears to be a legitimate program, obfuscating
what it is actually doing?
A. Trojan war B. Trojan Attacks C. Web Jacking D. Virus

D 4. This was primarily disseminated via email. It may contain connections to malware-infected websites, as well
as links to phony online banking or other websites that are used to steal private account information. What exactly is
this?
A. Computer Fraud B. Spamming C. Fraud D. Phishing

D 5. What other acts on the internet can be considered harassment, other than obscenities and disparaging
comments directed at specific persons based on gender, ethnicity, religion, nationality, or sexual orientation?
A. Lascivious messages B. Revenge Porn C. Bullying D. None of these

B_____6. _________ is the other term for Hacking.

B 7. What is the Unauthorized access to the entire or any part of a computer system?
A. Unauthorized Access B. Illegal Access C. Illegally Access D. None of these

1976 when it was sent out over the ARPANT (not included in the choices)8. When was the first spam email?
A. 1970 B. 1969 C. 1986 D. 1982

C 9. Who is the originator and forefather of computer crime knowledge?

C 10. What are thieves attempting to infect in a computer system, resulting in personal and commercial
computer failures?
A. Logic bombs B. Worms C. Virus D. Thef