Chapter 9

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

Digital Millennium Copyright Act.

MediaContact, Inc., specializes in sending spam on behalf of its clients. MediaContact may be required to do which of the following in order to comply with state laws? a. Solicit permission from all users to which it wishes to send commercial e-mail. b. Register with the state government as a "spam sender." c. Instruct spam recipients on how to "opt out" of their e-mails. d. Include the name and location of their corporate address in all e-mail transmissions.

Instruct spam recipients on how to "opt out" of their e-mails.

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

True

Social media posts are routinely included in discovery in litigation. True or False

True

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

online defamation.

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation of consumer complaints is the: a. Federal Trade Commission. b. Federal Communications Commission. c. Federal Aviation Administration. d. Securities and Exchange Commission.

Federal Trade Commission.

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

Louis, but not Comcast, for defamation.

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

U.S. Safe Web Act.

Ben's employer reviewed his personal communications at work and then fired Ben. Ben has a viable claim for a violation of the Electronic Communications Privacy Act if his employer: a. reviewed Ben's telephone calls on his work phone. b. accessed Ben's private Facebook page by guessing his password. c. reviewed Ben's work e-mail on his work computer. d. accessed Ben's voicemail on his company-issued cell phone.

accessed Ben's private Facebook page by guessing his password.

Unobtainium Venture Capital (UVC), 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. e-mail. b. a public social media site. c. an internal social network. d. standalone PCs.

an internal social network.

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

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

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

cookies.

Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is a. copyright infringement b. a license c. a safe harbor d. none of the choices

copyright infringement

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

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. Russell is a: a. typosquatter. b. tortfeasor. c. cyberstalker. d. cybersquatter.

cybersquatter.

Federal law preempts state antispam laws a. except for provisions that prohibit false and deceptive e-mailing practices. b. with no exceptions c. except for laws that require the use of spam by business entities d. except for statutes that ban the use of spam altogether

except for provisions that prohibit false and deceptive e-mailing practices.

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

posting a photo on Twitter or Instagram.

GoInternet, Inc., is an Internet-access service provider that is being forced to manage numerous unwanted e-mail messages from a sender of e-mail 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: a. uses a false return e-mail address. b. engages in "dictionary attacks" to breach password-protected computers. c. conveys misleading or deceptive information when sending e-mail. d. sends messages involving products of companies previously sued under the CAN-SPAM Act.

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

Takota Retail discovers that Barry, one of its employees, has disparaged the company's selling practices on Facebook. Takota Retail has a policy in place that expects employees to "avoid public comment that adversely affects the company." Takota Retail can: a. terminate Barry as long as it agrees to provide a severance package in advance of the discharge. b. not terminate Barry because it would violate state privacy law. c. not terminate Barry because it would violate Barry's First Amendment rights. d. terminate Barry based on his violation of the company's social media policy.

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

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

typosquatting.

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

violated school policy, and his termination will be upheld.

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar True or False.

False

Employees who use social media in a way that violates their employer's stated policies cannot be disciplined or red from their jobs. True or False

False

Trademark dilution occurs when a person registers a domain name that is the same as the trademark of another and then offers to sell the domain name back to the original owner True or False

False

Typosquatting occurs when key words are inserted into the hypertext markup language code to tell Internet browsers specific information about a Web page. True or False

False

CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit, CallTalk has to ask the court for a subpoena to discover a. the true identity of the owner of the unauthorized site. b. the amount of the prots of the unauthorized site. c. the estimated costs of the court proceedings and discovery. d. all of the registered variations of the name "calltalk."

the true identity of the owner of the unauthorized site.

CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is a. trademark dilution b. goodwill c. fair use d. a license

trademark dilution