BUSA Chapter 9
a delivery model that enables delivery to users of on-demand services from third-party servers over a network.
Cloud computing
the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.
Cybersquatting
The (Digital Safeguard Act, Digital Privacy Act, Digital Millennium Copyright Act, Digital Revision Act) was passed to give significant protection to owners of copyrights in digital information.
Digital Millennium Copyright Act
a network that can be used by persons located (distributed) around the country or the globe to share computer files.
Distributed network
Accusations of invasion of privacy have been limited to government agencies and private individuals, and have not extended to organizations. a. True b. False
False
In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which effectively eliminated unsolicited e-mails. a. True b. False
False
Internet service providers are generally treated the same as print publishers and other media regarding liability for defamation. a. True b. False
False
Posting negative comments about other individuals on your social media is protected speech. a. True b. False
False
Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark. a. True b. False
False
The business-extension exception to the Electronic Communications Privacy Act permits employers to monitor employees' personal communications. a. True b. False
False
There are criminal penalties for copyright violations of online materials only if the copies are made purely for financial gain. a. True b. False
False
the sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server.
Peer-to-Peer (P2P) Networking
By 2017, about half of all states had enacted legislation to protect individuals from having to disclose their social media passwords. a. True b. False
True
Courts and administrative agencies usually uphold an employer's right to terminate a person based on his or her violation of a social media policy. a. True b. False
True
Cyber torts include online defamation. a. True b. False
True
Illegal file sharing of movies (pirating) will cause a decline in sales, and thus a decline in revenue to artists and production companies. a. True b. False
True
The Anticybersquatting Consumer Protection Act applies to all domain-name registrations and trademarks. a. True b. False
True
Using another's trademark in a meta tag will normally constitute trademark infringement. a. True b. False
True
the act of buying domain names that are similar to well-known domains, except for slight misspellings.
Typosquatting
Because the federal CAN-SPAM Act only applied to e-mails originating in the United States, Congress enacted the Stop Foreign Spam Act Stop Foreign E-mail Act U.S. Safe Web Act Enforcement Beyond Borders Act
U.S. Safe Web Act
Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply? a. The domain name is in another language. b. The domain name is identical to, or confusingly similar to, the trademark of another. c. The one registering or using the domain name has a "bad faith intent" to profit from that trademark.
a. The domain name is in another language.
Which of the following instances of circumvention (bypassing) of copyright are allowed under the Digital Millennium Copyright Act? Choose five: a. The testing of computer security b. The test marketing of a new video game c. Conducting encryption research d. Protection of personal privacy e. Peer monitoring f. Enabling parents to monitor their children's Internet use
a. The testing of computer security c. Conducting encryption research d. Protection of personal privacy e. Peer monitoring f. Enabling parents to monitor their children's Internet use
When can social media posts be used? Choose three. a. To detect and prosecute criminals b. To detect excessive use of the Internet c. To further investigation by federal regulators into illegal activities d. To determine Internet speeds e. To invalidate settlement agreements
a. To detect and prosecute criminals c. To further investigation by federal regulators into illegal activities e. To invalidate settlement agreements
In which situations do people likely have a reasonable expectation of privacy? Choose two. a. When they enter their personal banking information online b. When they allow 3,000 "friends" on their Facebook account c. When they "tweet" about their daily activities d. When they disclose online credit information to obtain a loan
a. When they enter their personal banking information online d. When they disclose online credit information to obtain a loan
One of the major problems in pursuing an online defamation claim is that: a. discovering the identity of the person who posted the defamation is often extremely difficult. b. the person posting the defamatory statements would just retract them. c. the courts rarely accept such lawsuits.
a. discovering the identity of the person who posted the defamation is often extremely difficult.
If a person sues an Internet service provider because one of the ISP's customers posted a defamatory statement about that person, will that person likely prevail in court? a. Yes, because it doesn't matter where the defamatory statement was published. b. No, because the Communications Decency Act treats Internet service providers differently from print publishers. c. No, because the person lives in another state.
b. No, because the Communications Decency Act treats Internet service providers differently from print publishers.
Which act prevents cellphone companies and social media networks from divulging private communications to certain entities and individuals? a. The Nondivulgence Act b. The Stored Communications Act c. The Mega-Data Stored Act
b. The Stored Communications Act
If an internet service provider receives information that spam e-mails are being received by its customers from a foreign entity, and then shares details of those e-mails (dates received, header information) to the government of the country from which they came, is the customer likely to win a lawsuit against the ISP for sharing that information? a. Yes, because the ISP should have asked the customers for permission first. b. Yes, because the ISP should have obtained permission from the U.S. Commerce Department. c. No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.
c. No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.
If a customer pays for, and downloads, an app on a smartphone, that customer cannot legally make copies and sell them to his friends because: a. he did not sign the resale availability contract. b. he did not pay a sufficiently high price. c. he only obtained a license to use the app, not to own it.
c. he only obtained a license to use the app, not to own it.
The Electronic Communications Privacy Act does NOT prohibit: a. the intentional interception of a phone call. b. the intentional interception of an electronic communication. c. the sending out of multiple e-mails. d. the intentional disclosure of the information obtained by illegal electronic interception.
c. the sending out of multiple e-mails.
Social media posts may be included in the discovery process in litigation because: a. they may lead to information about foreign conspiracies. b. they may reveal people's senses of humor. c. they may establish a person's intent or what he or she knew at a particular time.
c. they may establish a person's intent or what he or she knew at a particular time.
Companies should (avoid, consider) creating internal networks, or intranets, to protect trade secrets.
consider
Retailers collect information about consumers using (cookies, donuts, bugs, tracer strings)
cookies
Which one of the following is NOT a reason why lawsuits against cybersquatters are difficult to pursue? a. Some domain-name registers offer privacy services that hide the true owners of Web sites. b. Often, there are high costs for court proceedings. c. Discovery may be costly. d. Most cybersquatters have limited mastery of English. e. Arbitration can be costly.
d. Most cybersquatters have limited mastery of English.
Which agency investigates consumer complaints of privacy violations? a. The Department of Agriculture b. The Federal Housing Authority c. The Social Security Administration d. The Federal Trade Commission e. The Federal Communications Commission f. The Fair Data and Security Agency
d. The Federal Trade Commission
One of the major reasons that music labels have suffered declines in their revenues and profits is that: a. young people are reading more books. b. young people are listening to more classical music. c. most people prefer to go to live concerts. d. most stored music files are shared for free. e. fewer musicians are recording today. f. fewer musicians spend as much time perfecting their music.
d. most stored music files are shared for free.
Which of the following activities is NOT prohibited by the CAN-SPAM Act? a. False information b. False return addresses c. Misleading information d. Deceptive information e. Sending junk mail via the USPS f. Sending messages to randomly generated e-mail addresses
e. Sending junk mail via the USPS
Loss of (satisfaction, goodwill, tangible value, book value) may occur when another party uses a domain name similar to yours.
goodwill
Social media posts that contain (trademark images and copyrighted materials, home videos, digital photos of zoo animals, digital photos of friends) typically infringe the intellectual property of others.
trademark images and copyright materials
Online posts have been used to support allegations of (wrongful interference, arson, wrongful imprisonment) and (infliction of emotional distress, assault, conversion)
wrongful interference, infliction of emotional distress)
