Business Law Chapter 4

filtering software

A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.

preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

meta tag

A key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on the tags in Web documents.

federal form of government

A system of government in which the states form a union and the sovereign power is divided between the central government and the member states.

Privacy Rights

Americans are increasingly becoming concerned about provacy issues raised by Intenet related technology. THe Constitution does not contain a specific guarantee of a right to privacy, but such a right has been derived from guarantees found in several constitutional amendments. A number of federal statutes protect privacy rights. Privacy rights are also protected by many state constitutions and statutes, as well as under tort law.

search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

Due Process

Both the Fifth and the Fourteenth Amendments provide that no person shall be deprived of "life, liberty. or property, without due process of law." Procedural due process requires that any government decision to take life, liberty, or property muct be made fairly, using fair procedures. Substantive due process focuses on the content of legislation. Generally, a law that is not compatible with the Constitution violates substantive due process unless law promotes a compelling state interest, such as public safety.

The "dormant" commerce clause

If state regulations substantially interfere with interstate commerce, the will be held to violate the "dormant" commerce clause of the US Constitution. The positive aspect of the commerce clause, which gives the national government the exclusive authority to regulate interstate commerce, implies a "dormant" aspect-that the states do have this power

Family and Educational Rights and Privacy Acts (1974)

Limits access to computer-stored records of education-related evaluations and grades in private and public colleges and universities

symbolic speech

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.

police powers

Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

Tax Reform Act (1976)

Preserves the privacy of personal financial information

Driver's Privacy Protection Act (1994)

Prevents states from disclosing or selling a driver's personal information without the driver's consent

Right to Financial Privacy Act

Prohibits financial institutions from providing the federal government with access to customers' records unless a customer authorizes the disclosure

Financial SErvices Modernization Act (Gramm-Leach_Biley Act) (1999)

Prohibits the disclosure of nonpublic personal information about a consumer to an affiliated third party unless strict disclosure and opt-out requirements are met. Final rules became mandatory on July 1, 2001.

Electronic Communications Privacy Act(1986)

Prohibits the interception of information communicated by electronic means

Health Insurance Portability and Accountability Act (1996)

Prohibits the use of consumer's medical information for any purpose other than that for which such information was provided, unless the consumer expressly consents to the use. Final rules became effective on April 14, 2003

Privacy Act (1974)

Protects the privacy of individuals about whom the federal government has information. Under this act, agencies that use or disclose personal information must make sure that the information is reliable and guard against its misuse. Individuals must be able to find out what data concerning them the agency is compiling and how the data will be used. In addition, the agency must give individuals a means to correct inaccurate data and must obtain their consent before using the data for any other purpose.

Freedom of Information Act (1966)

Provides that individuals have a right to obtain access to information about them collected in government files

Freedom of Speech

Speech, including symbolic speech, is given the fullest possible protection by the courts. Corporate political speech and commercial speech also receive substantial protection under the First amendment. Certain types of speech, such as defamatory speech and obscene speech, are not protected under the First amendment. Government attempts to regulate unprotected forms of speech in the online environment have, to date met with numerous challenges

The Supremacy Clause

THe US Constitution provides that the constitution, laws, and treaties of the United States are the "supreme law of the land." Whenever a state law directly conflicts with a federal law, the state law is rendered invalid.

Business and Bill of Rights

The Bill of Rights, which consists of the first ten amendments to the US Constitution, was adopted in 1791 and embodies a series of protection for individuals- and in some instances. business entities-against various types of interference by the federal government. Today, most of the protections apply against state governments as well.

Freedom against unreasonable searches and seizures

The Fourth amendment protects people from unreasonable searches by government officials of their persons, houses, cars, and other personal effects. Law enformcement officesr must normally get a warrant to search a person's home or business premises, but there are exceptions, particularly when a search or seizure is necessary to protect the public's health or safety

The regulatory powers of the states

The Tenth Amendment reserves to the states all powers not expressly delegated to the national government. Under their police powers, state governments may regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.

supremacy clause

The clause in Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are the supreme Law of the Land. Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

The expansion of national powers

The commerce clause expressly permits COngress to regulate commerce. Over time, courts expansively interpreted this clause, thereby enabling the national government to wield extensive powers over the economic life of the nation

Bill of Rights

The first ten amendments to the U.S. Constitution.

checks and balances

The principle under which the powers of the national government are divided among three separate branchesthe executive, legislative, and judicial brancheseach of which exercises a check on the actions of the others.

commerce clause

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.

establishment clause

The provision in the First Amendment to the Constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

free exercise clause

The provision in the First Amendment to the Constitution that prohibits the government from interfering with people's religious practices or forms of worship.

equal protection clause

The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will deny to any person within its jurisdiction the equal protection of the laws. This clause mandates that the state governments must treat similarly situated individuals in a similar manner.

due process clause

The provisions in the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.

The commerce power today`

Today, the commerce power authorizes the national government, atl least theoretically, to regulate every commercial enterprise in the United States. In recent years, the Supreme Court has reined in somewhat the national government's regulatory powers under the commerce clause.

Freedom of Religion

Under the first amendment, the government may neither establish any religion (the establishment clause) nor prohibit the free exercise of religion (the free exercise clause)

Equal protection

Under the fourteenth amendment, a state may not "deny to any person within it jurisdiction the equal protection of the laws." A law or action that limits the liberty of some persons but not others may violate the equal protection clause. Such a law may be deemed valid, however, if there is a rational basis for the the discriminatory treatment of a given group or if the law substantially relates to an important government objective.