BLAW 300 CH. 9 EXAM 2

What are Internet service providers (ISPs)?

A business or organization that offers users access to the Internet and related services.

Define Typosquatting

A form of cybersquatting that relies on mistakes, such as typographical errors, made by Internet users when inputting information into a Web browser.

What is Distributed network?

A network that can be used by persons located (distributed) around the country or the globe to share computer files.

Define Internet Law

A number of laws specifically address issues that arise only on the Internet.

Spam

Bulk, unsolicited (junk) e-mail.

Access and Accuracy

Consumers have a right to access and correct personal data in usable formats, in a manner that is appropriate to the sensitivity of the data and the risk of adverse consequences to consumers if the data are inaccurate.

Individual Control

Consumers have a right to exercise control over what personal data organizations collect from them and how they use it.

Respect for Context

Consumers have a right to expect that organizations will collect, use, and disclose personal data in ways that are consistent with the context in which consumers provide the data.

Accountability

Consumers have a right to have personal data handled by companies with appropriate measures in place to assure that they adhere to the Consumer Privacy Bill of Rights.

Focus Collection

Consumers have a right to reasonable limits on the personal data that companies collect and retain

Transparency

Consumers have the right to easily understandable information about privacy and security practices

Security

Consumers have the right to secure and responsible handling of personal data.

Define Cookies

Cookies A small file sent from a Web site and stored in a user's Web browser to track the user's Web-browsing activities.

How do online retailers track their users' Web browsing activities?

Cookies: A small file sent from a Web site and stored in a user's Web browser to track the user's Web-browsing activities.

What steps have been taken to protect intellectual property rights in the digital age?

Copyright law is probably the most important form of intellectual property protection on the Internet Technology has vastly increased the potential for copyright infringement

Cyber torts

Cyber torts A tort committed via the Internet. example: Online defamation.

What act was passed to give significant protection to owners of copyrights in digital information?

Digital Millennium Copyright Act

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

Discovering the identity of the person who posted the defamation is often extremely difficult

When does the law protect a person's electronic communications from being intercepted or accessed?

Electronic Communications Privacy Act (ECPA): amended federal wiretapping law to cover electronic forms of communications The ECPA prohibits the intentional interception of any wire, oral, or electronic communication. It also prohibits the intentional disclosure or use of the information obtained by the interception.

True or 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

Goodwill

In the business context, the valuable reputation of a business viewed as an intangible asset.

Proposed consumer privacy bill of rights

Individual Control Transparency Respect for Context Security Access and Accuracy Focus Collection Accountability

Hobbs owns a small Internet service provider and 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 Communication Decency Act treat Internet service providers differently from print publishers.

Match each term to the correct definition: Terms: Distributed Network Peer-to-peer (P2P) Networking Cloud Computing Definitions: The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server. The delivery to users of on-demand services from third-party servers over a network. Cloud computing is a delivery model. A network that can be used by persons located (distributed) around the country or the globe to share computer files.

Peer-to-peer (P2P) Networking: The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server. Cloud Computing: The delivery to users of on-demand services from third-party servers over a network. Cloud computing is a delivery model. Distributed Network: A network that can be used by persons located (distributed) around the country or the globe to share computer files.

The Communications Decency Act (CDA)

The Communications Decency Act (CDA) states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Thus, under the CDA, ISPs usually are treated differently from publishers in print and other media and are ***not liable for publishing defamatory statements that come from a third party.

What law governs whether Internet service providers are liable for online defamatory statements made by users?

The Communications Decency Act (CDA) states that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."Footnote Thus, under the CDA, ISPs usually are treated differently from publishers in print and other media and are not liable for publishing defamatory statements that come from a third party.

Who investigates consumer complaints of privacy violations?

The Federal Trade Commission (FTC) It has forced many companies to sign decrees allowing it to review their privacy policies.

What is the U.S. Safe Web Act (also known as the Undertaking Spam, Spyware, and Fraud Enforcement with Enforcers Beyond Borders Act)?

The act allows the FTC to cooperate and share information with foreign agencies in investigating and prosecuting those involved in spamming, spyware, and various Internet frauds and deceptions. Put into place to stop cross-boarder spammers

Define Cybersquatting

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.

What is cybersquatting, and when is it illegal?

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. The ACPA makes cybersquatting illegal when both of the following are true: The name is identical or confusingly similar to the trademark of another. The one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark.

What is the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act?

The legislation applies to any "commercial electronic mail messages" that are sent to promote a commercial product or service. Significantly, the statute preempts state antispam laws except for those provisions in state laws that prohibit false and deceptive e-mailing practices. Generally, the act permits the sending of unsolicited commercial e-mail but prohibits certain types of spamming activities.

The ACPA makes cybersquatting illegal when what situations are true?

The name is identical or confusingly similar to the trademark of another. The one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark.

Define Domain Name

The series of letters and symbols used to identify site operators on the Internet; Internet "addresses."

What is peer-to-peer (P2P) networking?

The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without the requirement of a central network server. Examples: MP3 and DVDFile-Sharing

Choose which instances from the following word bank are examples of circumvention (bypassing) of copyright that are allowed under the Digital Millennium Copyright Act. Word/Phrase bank: The testing of computer security / the test marketing of a new video game / conducting encryption research / protection of personal privacy / peer monitoring / enabling parents to monitor their children's internet use.

The testing of computer security / conducting encryption research / protection of personal privacy / enabling parents to monitor their children's internet use

What are some issues that arise only on the Internet?

Three such issues are unsolicited e-mail, domain names, and cybersquatting, as we discuss here.

When can social media be used? Word/Phrase bank: To detect and prosecute criminals / to detect excessive use of the internet / to further investigate by federal regulations into illegal activities / to determine internet speeds

To detect and prosecute criminals / to further investigate by federal regulations into illegal activities

What is Second Level Domain (SLD)

To the left of the period

True or False: Federal regulators also use social media posts in their investigations into illegal activities.

True

True or False: Law enforcement uses social media to detect and prosecute criminals

True

True or False: Using another's trademark in a meta tag will normally constitute trademark infringement.

True

True or False: When you download an application on your smartphone, tablet, or other mobile device, for instance, you are typically entering into a license agreement.

True

True or False: 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 Note, however, that employees' posts on social media may be protected under labor law,

Match each term to the correct definition: Terms: Cybersquatting Typosquatting Definitions: The act of buying domain names that are similar to well-known domains, except for slight misspellings 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: The act of buying domain names that are similar to well-known domains, except for slight misspellings Cybersquatting 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.

In which situations do people have a reasonable expectation of privacy? word/phrase bank: When they enter their personal banking information online / when they allow 3000 friends on their Facebook account / when they tweet about their daily activities / when they disclose online credit information to obtain a loan

When they enter their personal banking information online / when they disclose online credit information to obtain a loan

Retailers collect information about consumers using: a. Cookies b. Donuts c. Bugs d. Tracer Strings

a. Cookies

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 Millennium Copyright Act b. Digital Anti-Circumvention Act. c. Digital Anti-Piracy Act. d. Digital Copyright Act.

a. Digital Millennium Copyright Act

Which of the following activities is NOT prohibited by the CAN-SPAM Act? a. Sending junk mail via the USPS b. Misleading information c. False return addresses d. Deceptive information e. Sending messages to randomly generated e-mail addresses f. False information

a. Sending junk mail via the USPS

Which act prevents cellphone companies and social media networks from divulging private communications to certain entities and individuals? a. The Stored Communications Act b. The Mega-Data Stored Act c. The Nondivulgance Ac

a. The Stored Communications 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 or confusingly similar to another domain trademark c. The one registering or using that domain name as a "bad faith intent" to profit from that trademark.

a. The domain name is in another language

The Electronic Communications Privacy Act does NOT prohibit which one of the following? a. The sending out of multiple e-mails. b. The intentional interception of an electronic communication. c. The intentional disclosure of the information obtained by illegal electronic interception. d. The intentional interception of a phone call.

a. The sending out of multiple e-mails.

Social media posts that contain -------------- typically infringe the intellectual property of others. a. Trademark images and copyright materials b. home digital videos c. digital images of zoo animals d. digital images of friends

a. Trademark images and copyright materials

Cyber torts include online defamation. a. True b. False

a. True

Illegal file sharing of movies causes sales of DVDs and Blu-Ray discs to decline. - hint What has happened to the sale of CDs in the last 10 years? a. True b. False

a. True

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. Russell is a a. cybersquatter. b. hacker. c. cyberstalker. d. tortfeasor.

a. cybersquatter.

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. are protected by the First amendment, and his termination will be overturned. c. will be construed as harmless fun, and his termination will be overturned. d. are a violation of the social media labor laws, and his termination will be upheld.

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

What is excluded from the ECPA's coverage?

any electronic communications through devices that an employer provides for its employee to use "in the ordinary course of its business." "Business-extension exception"

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

b. FTC

In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which effectively eliminated unsolicited emails. - hint What constitutes the vast majority of e-mail traffic today? a. True b. False

b. False

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

b. False Congress amended copyright law in order to extend criminal liability for the piracy of copyrighted materials even when the persons receiving them pay no money and the person sending them realizes no profit. See Copyrights and Digital Information.

The business-extension exception to the Electronic Communications Privacy Act permits employers to monitor employees' personal communications. a. True b. False

b. False This exception allows employers to monitor employees' electronic communications made in the ordinary course of business. Note, though, that employers can avoid liability under the act if their employees consent to having their personal electronic communications monitored by the employer. See Social Media.

loss of what occurs when another party uses a domain name similar to yours a. Saitfaction b. Goodwill c. Tangible Value d. Book Value

b. Goodwill

Because you are suspected of sending out bulk unsolicited e-mail advertisements, your Internet service provider is asked by the FTC to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your Internet service provider for illegally providing such information to the FTC? a. Yes, because you should have been asked first. b. No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action. c. Yes, because your ISP should have obtained permission from the Commerce Department.

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

Which agency investigates consumer complaints of privacy violations? a. The Social Security Administration b. The Federal Trade Commission c. The Federal Communications Commission

b. The Federal Trade Commission

Why would social media posts be included in discovery and litigation? a. They may reveal people's senses of humor. b. They may establish a person's intent or what he or she knew at a particular time. c. Because they may lead to information about foreign conspiracies

b. They may establish a person's intent or what he or she knew at a particular time.

Unobtainium Venture Capital, a new venture capital start-up, wants to create a place for employees to communicate and share files, but wants to minimize its potential risk to competitors by protecting its trade secrets that the shared data may contain. UVC should utilize a. standalone PCs. b. an internal social network. c. email. d. a public social media site.

b. an internal social network.

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

b. cookies

Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because: - hint Remember all of the "terms and conditions" that you have accepted when you have downloaded apps. a. he did not sign the resale availability contract. b. he only obtained a license to use, not ownership of the app. c. he did not pay a sufficiently high price.

b. he only obtained a license to use, not ownership of the app.

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? a. Accessing Ben's voicemail on his company issued cell phone. b. Reviewing Ben's work email on his work computer. c. Accessing Ben's private Facebook page by guessing his password. d. Reviewing Ben's telephone calls on his work phone.

c. Accessing Ben's private Facebook page by guessing his password.

Because the federal CAN-SPAM Act only applied to e-mails originating in the United States, Congress enacted the a. Stop Foreign Spam Act b. Stop Foreign Emails Act c. U.S. Safe Web Act d. Enforcement Beyond Borders Act

c. U.S. Safe Web Act

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. most people prefer to go to live concerts. c. most stored music files are shared for free. d. fewer musicians spend as much time perfecting their music. e. young people are listening to more classical music. f. fewer musicians are recording today.

c. most stored music files are shared for free.

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

c. online defamation.

Sally registers the domain name thedallascowboys.com before the NLF football team is able to do so, with the title of her web site called The Dallas Cowboys, a nightclub in Austin, Texas. Sally's use of the domain name and the name of her bar is a. trademark infringement. b. trademark theft. c. trademark dilution. d. trademark squatting.

c. trademark dilution.

What is Cloud Computing?

cloud computing The delivery to users of on-demand services from third-party servers over a network.

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 hides the true owners of the website 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

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 a. meta tagging. b. cybersquatting. c. goodwill infringement. d. typosquatting.

d. typosquatting.

What is the Digital Millennium Copyright Act (DMCA)?

gives significant protection to owners of copyrights in digital information. Among other things, the act established civil and criminal penalties for anyone who circumvents (bypasses) encryption software or other technological antipiracy protection. Also prohibited are the manufacture, import, sale, and distribution of devices or services for circumvention. The DMCA also limits the liability of Internet service providers (ISPs). (unless the ISP is aware of the violation) From Powerpoint: -Protects copyright holders of digital information, with civil and criminal penalties for wrongdoers -Provides exceptions for education, testing computer security, to protect privacy, and to monitor children's use of the Internet

What does the Anticybersquatting Act do?

makes cybersquatting illegal when done in bad faith.

Meta Tags

meta tags are key words that are inserted into the HTML (hypertext markup language) code to tell Internet browsers specific information about a Web page. Meta tags increase the likelihood that a site will be included in search engine results, even though the site may have nothing to do with the key words.

What is the Stored Communications Act (SCA).

prohibits intentional and unauthorized access to stored electronic communications and sets forth criminal and civil sanctions for violators.

What is An important advantage to using an internal system for employee communications?

the company can better protect its trade secrets keeps employees aware of company topics cuts down on the use of email

State Regulation of Spam

thirty-seven states have enacted laws that prohibit or regulate its use. Many state laws that regulate spam require the senders of e-mail ads to instruct the recipients on how they can "opt out" of further e-mail ads from the same sources

Examples of Top Level Domains (TLD)

to the right of the period - .com or .edu

Describe Trademark Dilution

trademark dilution occurs when a trademark is used, without authorization, in a way that diminishes the distinctive quality of the mark.

Using another's trademark in a meta tag without the owner's permission, however, normally constitutes what?

trademark infringement

Anticybersquatting Consumer Protection Act (ACPA)

which amended the Lanham Act—the federal law protecting trademarks