BUSAD 110 - Chapter 9

MediaContact, Inc., specializes in sending unsolicited commercial emails on behalf of its clients. MediaContact may be required to do the following to comply with state laws. Choose two.

- Instruct spam recipients on how to "opt out" of their emails - Include a toll-free phone number or return email address that the recipient can use to ask the sender not to send unsolicited emails

Which of the following instances of circumvention (bypassing) of copyright are allowed under the Digital Millennium Copyright Act? Choose four.

- The testing of computer security - Conducting encryption research - Protection of personal privacy - Enabling parents to monitor their children's internet use

In which situations do people have a reasonable expectation of privacy? Choose two.

- When they enter their personal banking information with an online mortgage lender - When they disclose credit information to obtain a loan online

Chanel, Inc. manufactures luxury handbags, wallets, shoes, backpacks, and other high-end products with its iconic Chanel trademark (the name "Chanel" in a particular font and format, and two overlapping "C"s facing opposite directions). Chanel also has a webpage, chanel.com. Riscardo Torres owned fifty percent of "Full Service," a company that made counterfeit Chanel goods. Torres registered the trademark "chanelgraffiti" with the U.S. Patent and Trademark office. Full Service registered two websites, chanelgraffitibackpack.com and buychanelgraffitibackpack.com. Those webpages showed backpacks with a similar, if not identical, mark as the Chanel trademark. Chanel sued Torres and Full Service for violations of the Anticybersquatting Consumer Protection Act (ACPA). Were the actions of Torres and Full Service likely violations of the ACPA? 1. Chanel.com, chanelgraffittibackpack.com, and buychangelgraffiti.com are examples of ___________. 2. The ".com" portion of the website name is the ___________. 3. If there is a violation of Chanel's rights with regard to the chanel.com domain name, it would be ________. 4. To prove a violation of the Anticybersquatting Consumer Protection Act, a plaintiff must show that the offending domain name is _________ or _________ the plaintiff's domain name 5. In addition to the first criteria, a plaintiff must prove that the person or entity using the offending domain name has _________ to profit from the use. 6. One type of cybersquatting is to intentionally misspell a trademarked name. This is called __________. 7. This situation _______ an example of typosquatting. 8. Chanelgraffiti.com, chanelgraffitibackpack.com and buychanelgraffitibackpack.com _________ identical to chanel.com. 9. The use of the word "chanel" in the web pages registered by Torres and Full-Service _________ confuse a reasonable consumer to believe that the web pages were related to Chanel, Inc. 10. The sale of backpacks with the Chanel trademark on them by the Torres and Full-Service websites likely _________ an indication of bad faith intent to profit. 11. It __________ reasonable for a court to determine that Torres and Full Service violated the ACPA by using chanelgraffitibackpack.com and buychanelgraffitibackpack.com.

1- domain names 2- top-level domain or TLD 3- cybersquatting 4- identical / confusingly similar to 5- a bad faith intent 6- typosquatting 7- is not 8- are not 9- could 10- is 11- would be

Assume instead of chanelgraffiti.com and the other "chanelgraffiti" domain names, Torres had registered channel.com and chanell.com. On those webpages, Torres had a history of the Chanel company, a review of their products, and a link to the official chanel.com webpage for potential customers who were interested in buying official Chanel products. 1. In this situation, Torres would be engaging in _________. 2. This type of activity ________ a category of cybersquatting. 3. In this situation, the domain names ________________ identical to the official domain name. 4. The offending domain names likely ______________________ confusingly similar to the official domain name. 5. Given the facts above, Torres likely ________________ have a bad faith intent to profit from the use of the domain name. 6. Given the facts above, Torres likely __________ violate the ACPA.

1- typosquatting 2- is 3- are not 4- are 5- does not 6- did not

Ben has consulted with an attorney regarding his employer having reviewed his personal communications at work. Ben would have a viable claim for a violation of the Electronic Communications Privacy Act for which of the following actions?

Accessing Ben's private Facebook page by guessing his password

Which of the following is not subject to copyright when posted on the Internet?

All of these are generally subject to copyright. (photos, movies, news articles)

WeShare Corp. is a peer-to-peer network that connects students to others on their college campus. WeShare attracts users by promoting how the software allows students to collaborate on coursework, as well as how it enables them to share their music libraries with one another. Specifically, the software allows a user to see what MP3 files are on their connections' computers and download these files for their own use. Who is liable for copyright infringement in this case?

Both the students sharing files and WeShare Corp

______ is a delivery model that enables delivery to users of on-demand services from third-party servers over a network. _______ is the sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server.

Could computing / Peer-to-Peer (P2P) Networking

The _________ was passed to give significant protection to owners of copyrights in digital information.

Digital Millennium Copyright Act

What act did Congress pass in 1998 to provide additional protection to copyright holders?

Digital Millennium Copyright Act (DMCA)

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation of this type of consumer complaint is the:

FTC

Which of the following is likely not a reasonable expectation of privacy for Internet users to have?

Facebook will keep an employee's boss from viewing the pictures they post on the site

Because the Internet is vast, the unauthorized use of another's mark in a domain name is generally permissible.

False

In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which prohibits the sending of unsolicited commercial emails.

False

In administrative law cases, social media posts are automatically considered free speech. As a result, a judge cannot use them in rendering a decision.

False

Internet service providers are generally treated the same as print publishers and other media regarding liability for defamation.

False

Invasion of privacy cases can be brought only against private individuals, not organizations.

False

Like newspapers and television stations, Internet service providers (ISPs) publish or distribute content. Thus, like newspapers and television stations, (ISPs) are typically liable for defamatory statements made on their sites.

False

Posting negative comments about other individuals on your social media is always protected speech.

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.

False

There are criminal penalties for copyright violations of online materials only if the copies are made purely for financial gain.

False

With more and more information being transmitted over the Internet, copyright infringement is becoming less and less of an issue because the relevant laws are less stringent for digitally produced content.

False

Gabe and his two partners operate a website called CatWorld.com. Together they write articles about the latest trends in cat ownership which they post on the site. Which of the following is least likely to be a case of copyright infringement?

Gabe sends the draft of an interview he did with his neighbor's cat Bonkers to one of his partners. His partner edits the text, then uploads it as a feature on CatWorld.com.

The nonprofit organization that oversees the distribution of domain names and operates an online arbitration system is:

ICANN

Comcast, an internet service provider, provides internet service to Louis, who posts false and harmful statements about Madeline. Madeline will be able to sue:

Louis, but not Comcast, for defamation

Hobbs owns a small internet service provider. He is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court?

No, because the Communications Decency Act treats Internet service providers differently from print publishers.

Because you are suspected of sending out bulk unsolicited e-mail advertisements, the FTC asks your internet service provider to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your internet service provider for providing such information to the FTC?

No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.

When Jorge started a new job at Acme, Inc. he signed a document stating that he would not post any negative comments about his co-workers on social media sites. A few months later, Jorge wrote on Facebook that an employee who reported to him was "lazy" and "knew nothing about Acme's industry." Jorge was fired after his supervisor discovered the post. Is it likely that Acme., Inc.'s actions violated the law?

No. As long as a company has clearly stated its policy on employees' use of social media, courts have generally found that it is within the company's rights to enforce that policy.

Rachel is CEO of Burger Queen, a publicly traded chain of fast food outlets. Over the weekend, she successfully lands famous basketball star LeDon Jameson as a spokesperson for the chain. Rachel posts the big news on her Twitter and Facebook accounts before the company issues a press release. Is Rachel likely to have an issue with the SEC as a result of her actions?

Only if investors had not been told that Rachel would be communicating company information via these accounts.

If Internet Entertainment Group used candyyland.com instead of candyland.com, could they continue to use that mark?

Probably not because the Anticybersquatting Consumer Protection Act also prevents typosquatting, or registering names with minor typographical errors.

Which of the following activities is NOT prohibited by the CAN-SPAM Act?

Sending junk mail via the USPS

If the defendant in this case had set up a website using a variation of the name candyland and also had sent e-mails out to random e-mail addresses using pictures of a board game and inviting them to click the link, they would potentially be violating:

The CAN-SPAM Act.

This agency investigates consumer complaints of internet privacy violations.

The Federal Trade Commission

Which agency investigates consumer complaints of privacy violations?

The Federal Trade Commission

Which of the following is likely to warrant an exception to the Communications Decency Act (CDA) and make an Internet service provider (ISP) liable for defamatory content by third parties?

The ISP has prompted users to make such comments.

Which act prevents cell phone companies and social media networks from divulging private communications to certain entities and individuals?

The Stored Communications Act

Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply?

The domain name has siphoned customers resulting in a loss of profit from the trademark.

The Electronic Communications Privacy Act does NOT prohibit which one of the following?

The intentional interception of an electronic communication of an employee by an employer on an employer-supplied device

Which of the following is a benefit of winning a defamation lawsuit against an unknown party, or "John Doe"?

The win may allow the plaintiff to use the authority of the courts to obtain from Internet service providers (ISPs) the identity of the persons responsible for the defamation.

What if the defendant had bought candyland.com, candyland.org, and candyland.net and then contracted Hasbro to let the company know that those domain names would be used for pornography sites if Hasbro would not buy them for a significant amount of money?

This is a violation of the Copyright Act because the material on the Internet is copyrighted and this defendant would be trying to steal it.

What was the purpose of the Electronic Communications Privacy Act, or ECPA?

To amend federal wiretapping law to cover electronic forms of communication

By 2016, about half of all states had enacted legislation to protect individuals from having to disclose their social media passwords to potential employers.

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.

True

Employees' posts on social media may be protected under labor law.

True

Online defamation occurs when an individual communicates a false statement about a person through the internet.

True

The Anticybersquatting Consumer Protection Act applies to all domain name registrations and trademarks.

True

The right to privacy is guaranteed by the United States' Bill of Rights.

True

Under the Proposed Consumer Privacy Bill of Rights, consumers have a right to reasonable limits on the personal data that companies collect and retain.

True

Using another's trademark in a meta tag will normally constitute trademark infringement.

True

__________ is the act of buying domain names that are similar to well-known domains, except for slight misspellings. ________ is 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.

Typosquatting / Cybersquatting

Because the federal CAN-SPAM Act applies only to e-mails originating in the United States, Congress enacted the _________

U. S. Safe Web Act

Julian sends false and deceptive e-mails from a computer in France to recipients in the United States. United States government officials can cooperate and share information with foreign governments under the:

U.S. Safe Web Act

Did the federal district court grant the plaintiff its requested permanent injunction?

Yes

Putting It into Practice 1. You work for a soda shop that is known for producing original soda recipes, where flavored syrups are added to different types of soda to create particular flavors. One example might be German Chocolate Cake, made by adding coconut, pecan and chocolate flavors to a particular brand of soda. You offer your sodas "regular" or "grungy." A grungy soda has heavy cream added to it to enhance the flavors. Your market research, and your sales, indicate that customers love sodas made "grungy" and affiliate that term with your company. Your company has trademarked the term "grungy" as it applies to flavor additives to sodas and other drinks. A competitor of yours, that also makes flavored soda drinks, also adds flavor enhancers. They have created two different webpages, haveitgrungy.com and grungysoda.com. Discuss whether you have any claim under the ACPA.

Yes, I can claim under Anti-cyber squatting Consumer Protection Act (ACPA). According to it trademark holders now have a cause of action against anyone who, with a bad faith intent to profit from the goodwill of another's trademark.

When can social media posts be used by law enforcement? (Choose all that apply.)

a. To detect and prosecute criminals b. To determine the identities of suspects c. To further federal regulators' investigation into illegal activities d. To locate a suspect

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain copies of Mark's posts on his social media. Irene will:

be allowed to obtain Mark's social media posts before the trial begins.

Salesforce.com is an online customer relationship management (CRM) platform. Companies use CRMs to help their salespeople manage customer accounts. With Salesforce.com, employees can log in to the platform from any computer and access their customers' information. Salesforce.com is an example of:

cloud computing

Retailers collect information about consumers using ______

cookies

Yakov downloads a movie onto his laptop without permission from the movie provider. Yakov has violated:

copyright law

Russell reserves the domain name "juliaroberts.com" and creates a fan Web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Which term defines Russell?

cybersquatter

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 is called:

cybersquatting

One of the major problems in pursuing an online defamation claim is that:

discovering and proving the identity of the person who posted the defamation can be difficult.

"gTLD" stands for:

generic top level domain

Loss of _______ occurs when another party uses a domain name similar to yours.

goodwill

One of the legal difficulties posed by defamatory remarks made online is that:

it is difficult to learn the identity of the person who made the defamatory remarks.

Employment Law Find an online news article related to this chapter and write a 3 to 5 sentence response tying the article to at least one key concept in the chapter. Be sure to include a link to the article at the end of your response.

large area of law which covers all of the aspects of the employer and employee relationship; consists of thousands of laws; includes many laws enacted to protect workers. The main federal legislation that governs employment law in New South Wales is the Fair Work Act 2009 (FW Act). This Act does not apply to employees of NSW government agencies; for example, the State public service or the local councils. They remain covered by the NSW Industrial Relations Act 1996 (IR Act). Employment law regulates the relationship between employers and employees. It dictates what employers can expect of employees, what employers can ask employees to do, and employees' rights at work. The main areas of employment that are covered by the law are contracts of employment, working hours and holidays, time off when sick (and sick pay), health and safety, data protection, and anti-discrimination (gender, race, religion, sexual orientation and disability. From December 2006 it will also include age). Employment laws were put in place to protect workers from wrongdoing by their employers. Without those statutes, workers would be vulnerable to a number of threats. The key employment laws include discrimination, minimum wage, and workplace safety and health laws, as well as workers' compensation and child labor laws.

ChristianHire.com is a website for employers looking for employees that belong to Christian religions. In order to apply for jobs, applicants must list their religious affiliation and how often they attend church services. Hiring based on religious affiliation violates the Equal Employment Opportunity Act. An atheist job applicant sues ChristianHire.com. ChristianHire is most likely:

liable in this case, despite being an Internet service provider.

The term cybersquatting means:

registering someone else's mark as a domain name and then offering to forfeit the name for a price.

GoInternet, Inc., is an Internet-access service provider that is being forced to manage numerous unwanted emails from a sender of email advertisements. GoInternet can sue the company that is e-mailing spam under the CAN-SPAM Act if the sender does any of the following except:

sends messages involving products of companies previously sued under the CAN-SPAM Act

Takota Retail discovers that one of its employees, Barry, has disparaged the company on Facebook about its selling practices. Takota Retail has a policy in place that expects employees to "avoid public comment that adversely effects the company." Takota can:

terminate Barry based on his violation of the company's social media policy.

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can:

track individuals' Web browsing activities

Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a Web site he has set up that sells retail goods online. Ron's action is known as:

typosquatting

Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page and is subsequently terminated. His posts likely:

violated school policy, and his termination will be upheld.