Chapter 10 Privacy and Internet Law

Emily, an 11-year-old girl, wants to sign-up for a fashion newsletter and sweepstakes. In order to do so, the website wants to know Emily's name, address, phone number, and email address. Which of the following is correct?

Emily must have permission from her parents in order to furnish the information to the website.

After Jan's boyfriend broke up with her, she posted sexually explicit pictures of him on her Facebook page and wrote about how he was a terrible boyfriend. Jan's actions are protected by the First Amendment to the Constitution.

False

Rachel works for the Internal Revenue Service and keeps some personal information on her computer at work. There has been suspicion that Rachel has not been keeping tax return information confidential. The Fourth Amendment to the Constitution, prohibiting unreasonable searches and seizures, protects Rachel from having the government review the personal information she has on her computer.

False

Spam is illegal per se.

False

The European Union (EU) does not view privacy as a fundamental right of its citizens, and the EU's policies toward privacy are limited.

False

The federal government has preempted the field of online privacy, so states may not pass their own online privacy statutes.

False

The law that protects the privacy of medical records is called the

Health Insurance Portability and Accountability Act (HIPAA).

Burns Medicine Shop developed a website where customers could ask the pharmacists questions and could refill prescriptions online. What statute requires Burns to have and disclose a privacy policy to anyone using the website?

No statutes presently require websites to have or disclose a privacy policy.

Which of the following regulates deceptive practices regarding a company's privacy policy?

Section 5 of the FTC Act

Musical Productions has a privacy policy posted on its website, but it does not follow the provisions contained within it. Musical Productions is in violation of

Section 5 of the Federal Trade Commission Act.

A website printed some truthful, but secret, information about Danielle. Which of the following would likely result in a court ruling that Danielle had NOT stated a claim under the public disclosure tort?

The website printed that Danielle had participated in a robbery in 2010.

At its inception, the Communications Decency Act of 1996 created broad immunity for internet service providers (ISPs) and websites.

True

In 2018, the European Union (EU) implemented the European General Data Protection Regulation (GDPR).

True

Jorgeson Co., on its website, promised the company would not give a customer's personal information to third parties without the customer's consent, but then gave out such information anyway. This practice violates Section 5 of the FTC Act.

True

The Electronic Communications Privacy Act (ECPA) of 1986 is a federal statute that regulates email.

True

The Foreign Intelligence Surveillance Act (FISA) requires government agencies to delete irrelevant and personally identifying data before providing it to other agencies.

True

The internet of things gathers, sends, and receives data.

True

The internet was started in the 1960s as a project to link military contractors and universities. The World Wide Web was created as a subnetwork of the internet.

True

The tort of public disclosure of private facts prohibits the unjustifiable revelation of truthful, but secret, information.

True

Under the Electronic Communications Privacy Act (ECPA), any intended recipient has the right to disclose the content of an email.

True

When you shop online, most retailers collect personal information about you.

True

Sherry, a 12-year-old, visited a website that wanted to know her family size, her parents' educational level, and her weekly allowance. The site also asked Sherry's name, mailing and email addresses, and age.

Under COPPA, the website must disclose how it will use the information it acquires from Sherry.

Which statement regarding FIPS is true? a. FIPS are only recommendations, not law. b. FIPS originated from the Department of Justice. c. FIPS has been ineffective in shaping privacy policies. d. FIPS was established after the 9/11 terrorist attacks.

a. FIPS are only recommendations, not law.

Spam, officially known as unsolicited commercial email or unsolicited bulk email,

accounts for about 55 percent of all email traffic.

What is user-generated content?

anything created and made publicly available by end users.

Data disposal laws require

businesses to destroy customer data and maintain reasonable security procedures to guard against theft.

The Children's Online Privacy Protection Act (COPPA) prohibits internet operators from collecting information from children under what age without parental permission?

c. 13

Which of the following protects email messages from unauthorized interception? a. CAN-SPAM b. FIPS c. ECPA d. COPPA

c. ECPA

Which of the following is a true statement regarding the EU General Data Protection Regulation? a. It defines data only as information that can be used directly to identify an individual. b. It applies only to companies located within Europe. c. It allows people to stop companies from processing their personal data. d. It allows businesses to keep customer data indefinitely.

c. It allows people to stop companies from processing their personal data.

Which of the following is NOT a core principle of the Fair Information Practices (FIPS)? a. notice/awareness b. choice/consent c. privacy/refusal d. access/participation

c. privacy/refusal

Under the Stored Communications Act, which of the following are considered electronic communication? a. voice mail b. email c. social media d. All of these are correct.

d. All of these are correct.

What are some ways we lose our privacy in the digital world? a. through data breaches b. through surveillance c. via the internet of things d. All of these are correct.

d. All of these are correct.

Which of the following statutes requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement? a. ECPA b. CDA of 1996 c. Section 5 the FTC Act d. CAN-SPAM

d. CAN-SPAM

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA) is true? a. To spy on people located in the United States who are communicating abroad, the government needs a warrant. b. FISA was enacted in 1978, but its provisions were greatly strengthened in the aftermath of the 9/11 terrorist attacks. c. Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance. d. To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

d. To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

You make an online purchase of a hooded sweatshirt with the logo of the Dallas Cowboys. The next time you log on, your screen has a banner ad for Dallas Cowboy hats and shirts. This banner ad is most likely the result of

data mining.

The FTC regulates truth in advertising and endorsements. Its rules apply

equally to bloggers, YouTubers, online reviewers, and others on social media.

Under what circumstances is intrusion into someone's private life a tort?

if a reasonable person would find it offensive.

The Electronic Communications Privacy Act includes

the Wiretap Act and the Stored Communications Act.

Under the Electronic Communications Privacy Act,

violators are subject to both criminal and civil penalties.

The case of Chaney v. Fayette County Public School District held that

when someone shares a photo with friends online, they cannot justifiably expect that the photo will be kept private.