Business Law: Brief Hypothetical 5.1

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation by consumer complaints is the: a. FTC. b. SEC. c. FCC. d. FAA.

a. FTC.

Susan is concerned about online retailers collecting data about her Web-browsing activities, also known as: a. cookies. b. spam. c. meta tags. d. domain name.

a. cookies.

Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page and is subsequently terminated. His posts likely: a. violated school policy, and his termination will be upheld. b. will be construed as harmless fun, and his termination will be overturned. c. are a violation of the social media labor laws, and his termination will be upheld. d. are protected by the First Amendment, and his termination will be overturned.

a. violated school policy, and his termination will be upheld.

Comcast, an Internet-service provider, provides Internet service to Louis, who posts false and harmful statements about Madeline. Madeline will be able to sue: a. both Louis and Comcast for defamation. b. Louis, but not Comcast, for defamation. c. Comcast, but not Louis, for defamation. d. neither Louis nor Comcast for defamation.

b. Louis, but not Comcast, for defamation

Yakov downloads a movie onto his laptop without permission from the movie provider. Yakov has violated: a. trademark law. b. copyright law. c. cybersquatting law. d. trade distribution law.

b. copyright law.

MediaContact, Inc., specializes in sending spam on behalf of its clients. MediaContact may be required to do the following in order to comply with state laws. Choose two: a. include the name and location of their corporate address in all e-mail transmissions. b. include a toll-free phone number or return e-mail address that the recipient can use to ask the sender not to send unsolicited e-mails. c. solicit permission from all users to whom it wishes to send commercial e-mail. d. instruct spam recipients on how to "opt out" of their e-mails.

b. include a toll-free phone number or return e-mail address that the recipient can use to ask the sender not to send unsolicited e-mails. d. instruct spam recipients on how to "opt out" of their e-mails.

Kevin has a reasonable expectation of privacy in sharing information online in all of the following situations except: a. sending an e-mail to his physician. b. posting a photo on Twitter or Instagram. c. entering credit-card information to purchase a product. d. entering personal banking information on a banking Web site.

b. posting a photo on Twitter or Instagram.

Julian sends false and deceptive e-mails in the United States originating from a computer in France. United States government officials can cooperate and share information with foreign governments under the: a. CAN-SPAM Act. b. Stored Communications Act. c. U.S. Safe Web Act. d. Commercial E-mail Distribution Protection Act.

c. U.S. Safe Web Act.

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? a. tortfeasor b. cyberstalker c. cybersquatter d. typosquatter

c. cybersquatter

GoInternet, Inc., is an Internet-access service provider that is being forced to manage numerous unwanted e-mails from a sender of e-mail advertisements. GoInternet can sue the spam e-mailing company under the CAN-SPAM Act if the emails do any of the following except: a. dictionary attacks. b. use a false return e-mail address. c. involve products by companies previously sued under the CAN-SPAM Act. d. use misleading or deceptive information when sending e-mail.

c. involve products by 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 which expects employees to "avoid public comment that adversely effects the company." Takota can: a. terminate Barry as long as it agrees to a severance package in advance of the discharge. b. not terminate Barry because it would violate state privacy law. c. terminate Barry based on his violation of the company's social media policy. d. not terminate Barry because it would violate Barry's First Amendment rights.

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

Ron reserves the domain name www.wamart.com before Walmart does, which directs users to a Web site he has set up that sells retail goods online. Ron's action is known as: a. meta tagging. b. cybersquatting. c. typosquatting. d. goodwill infringement.

c. typosquatting

Sean is researching federal law to determine if there are civil or criminal penalties associated with the circumvention of the encryption software on a DVD. He should find the: a. Digital Copyright Act. b. Digital Anti-Piracy Act. c. Digital Anti-Circumvention Act. d. Digital Millennium Copyright Act.

d. Digital Millennium Copyright Act

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain Mark's posts on his social media. Irene will: a. be allowed to obtain Mark's social media posts only through testimony at trial. b. be prevented from obtaining Mark's social media posts because of federal privacy law. c. be prevented from obtaining Mark's social media posts because of state privacy law. d. be allowed to obtain Mark's social media posts before the trial begins.

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

Lily began writing a blog and relays rumors and gossip she hears in her hometown. She should be concerned about: a. disclosing trade secrets. b. copyright infringement. c. trademark infringement. d. online defamation.

d. online defamation.