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Lawyer: One is justified in accessing information in computer files

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Lawyer: One is justified in accessing information in computer files  [#permalink]

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New post 27 Oct 2019, 04:01
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Lawyer: One is justified in accessing information in computer files without securing authorization from the computer’s owner only if the computer is typically used in the operation of a business. If, in addition, there exist reasonable grounds for believing that such a computer contains data usable as evidence in a legal proceeding against the computer’s owner, then accessing the data in those computer files without the owner’s authorization is justified.

The principles stated by the lawyer most strongly support which one of the following judgments?

(A) Rey gave his friend Sunok a key to the store where he worked and asked her to use the store owners’ computer to look up their friend Jim’s phone number, which Rey kept on the computer. Because Sunok had Rey’s permission, her action was justified.

(B) Police department investigators accessed the electronic accounting files of the central computer owned by a consulting firm that was on trial for fraudulent business practices without seeking permission from the firm’s owners. Contrary to the investigators’ reasonable beliefs, however, the files ultimately provided no evidence of wrongdoing. Nevertheless, the investigators’ action was justified.

(C) A police officer accessed, without Natalie’s permission, files on the computer that Natalie owned and used exclusively in the operation of her small business. Since the police officer’s search of the files on Natalie’s computer produced no evidence usable in any legal proceeding against Natalie, the police officer’s action was clearly not justified.

(D) Customs officials examined all of the files stored on a laptop computer confiscated from an importer whom they suspected of smuggling. Because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business, the customs officials’ action was justified.

(E) Against the company owner’s wishes, a police officer accessed some of the files on one of the company’s computers. Although the computer was typically used in the operation of the company’s business, the particular files accessed by the police officer were personal letters written by one of the company’s employees. Thus, the police officer’s unauthorized use of the computer was not justified.
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Lawyer: One is justified in accessing information in computer files  [#permalink]

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New post 27 Oct 2019, 11:11
(A) Rey gave his friend Sunok a key to the store where he worked and asked her to use the store owners’ computer to look up their friend Jim’s phone number, which Rey kept on the computer. Because Sunok had Rey’s permission, her action was justified.

there is no reasoning mentioned wrt permission in the prompt



(C) A police officer accessed, without Natalie’s permission, files on the computer that Natalie owned and used exclusively in the operation of her small business. Since the police officer’s search of the files on Natalie’s computer produced no evidence usable in any legal proceeding against Natalie, the police officer’s action was clearly not justified.

This option is vague and we don't know anything about Natalie's illegal activities etc.


(E) Against the company owner’s wishes, a police officer accessed some of the files on one of the company’s computers. Although the computer was typically used in the operation of the company’s business, the particular files accessed by the police officer were personal letters written by one of the company’s employees. Thus, the police officer’s unauthorised use of the computer was not justified.

since this option doesn't mention anything about those files acting as any form of evidence this option is wrong

Its a tough choice between B and D
(B) Police department investigators accessed the electronic accounting files of the central computer owned by a consulting firm that was on trial for fraudulent business practices without seeking permission from the firm’s owners. Contrary to the investigators’ reasonable beliefs, however, the files ultimately provided no evidence of wrongdoing. Nevertheless, the investigators’ action was justified.

D) Customs officials examined all of the files stored on a laptop computer confiscated from an importer whom they suspected of smuggling. Because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business, the customs officials’ action was justified.

with D the specific computer was directly used for business operations and also contains a possible evidence
therefore D is probably the answer
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Re: Lawyer: One is justified in accessing information in computer files  [#permalink]

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New post 27 Oct 2019, 11:41
Lawyer: One is justified in accessing information in computer files without securing authorization from the computer’s owner only if the computer is typically used in the operation of a business. If, in addition, there exist reasonable grounds for believing that such a computer contains data usable as evidence in a legal proceeding against the computer’s owner, then accessing the data in those computer files without the owner’s authorization is justified.

The principles stated by the lawyer most strongly support which one of the following judgments?

Two principles are listed by the lawyer-
1. One is justified in accessing information in computer files without securing authorization from the computer’s owner ONLY IF the computer is typically used in the operation of a business.
2. If a computer is typically used in the operation of a business and there exist reasonable grounds for believing that the computer contains data usable as evidence in a legal proceeding against the owner, then accessing the data within the computer without the owner's authorization is justified.

(A) Rey gave his friend Sunok a key to the store where he worked and asked her to use the store owners’ computer to look up their friend Jim’s phone number, which Rey kept on the computer. Because Sunok had Rey’s permission, her action was justified.- incorrect, since the access to the computer was provided by the owner

(B) Police department investigators accessed the electronic accounting files of the central computer owned by a consulting firm that was on trial for fraudulent business practices without seeking permission from the firm’s owners. Contrary to the investigators’ reasonable beliefs, however, the files ultimately provided no evidence of wrongdoing. Nevertheless, the investigators’ action was justified.- Correct; There were reasonable beliefs the computer would contain usable data as evidence in a legal proceeding against the owner and the computer was used in the operation of a business. So, the accessing that information was justified.

(C) A police officer accessed, without Natalie’s permission, files on the computer that Natalie owned and used exclusively in the operation of her small business. Since the police officer’s search of the files on Natalie’s computer produced no evidence usable in any legal proceeding against Natalie, the police officer’s action was clearly not justified.- incorrect; we have no idea whether the police officer had a reasonable suspicion that the computer would contain usable data as evidence against the computer's owner.

(D) Customs officials examined all of the files stored on a laptop computer confiscated from an importer whom they suspected of smuggling. Because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business, the customs officials’ action was justified.- incorrect, since the computer was confiscated, the user must be aware. Also, the computer was used in the operation of the business.

(E) Against the company owner’s wishes, a police officer accessed some of the files on one of the company’s computers. Although the computer was typically used in the operation of the company’s business, the particular files accessed by the police officer were personal letters written by one of the company’s employees. Thus, the police officer’s unauthorized use of the computer was not justified.- incorrect, the police officer accessed personal letters of the owner. Also, we do not know whether it was reasonable for the police officer to think the letters were likely to provide information usable against the owner in court

Answer B
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Re: Lawyer: One is justified in accessing information in computer files  [#permalink]

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New post 14 Nov 2019, 22:35
Tough call between B and D, but B stands as the clear winner, and here's why. Let's focus on the question and highlight some major information on the premise.

One is justified in accessing information in computer files without securing authorization from the computer’s owner only if the computer is typically used in the operation of a business. If, in addition, there exist reasonable grounds for believing that such a computer contains data usable as evidence in a legal proceeding against the computer’s owner, then accessing the data in those computer files without the owner’s authorization is justified.


So 2 conditions for providing justification: 1. The computer should be used in a business operation. (Mandatory ) 2. In addition, if there are legal proceedings or reasonable grounds to believe in fraudulent activities.

In D, it is nowhere mentioned that the laptop confiscated WAS USED for the importer's business. It could have been his PC with just some files on it. In B however, the computer was used for business, and since the consulting firm was on trial, there was a reason to believe that there could be evidence.

B stands as the clear winner.

Please hit KUDOS if you agree with my reasoning :)
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Re: Lawyer: One is justified in accessing information in computer files  [#permalink]

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New post 22 Nov 2019, 02:56
Easy way to eliminate D is a subtle hint CONFISCATE which means to lay claim or take possession of things / objects/ property as if police suspecting thief and criminal belongings taken by them which is whole different scenario ... we here are only concerned with the principle where accessing file in normal state of business without owner's authority...
whereas confiscating is almost always associated with legal matters and confiscating something is inevitably a right of authority IN SUMMARY - it will be a whole different scenario .
i hope it was useful. :)
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Re: Lawyer: One is justified in accessing information in computer files   [#permalink] 22 Nov 2019, 02:56
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