PrepTest 64, Section 3, Question 18

Difficulty: 
Passage
Game

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.

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.

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.

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.

Question
18

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

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.

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.

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.

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.

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.

B
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