Management Science 590 - Chapter 08

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Online gambling is now legal throughout the United States.

False

the DMCA makes Internet Service Providers (ISPs) responsible and accountable for hosting Web sites or providing services to infringers regardless of whether the ISP is aware of infringement.

False

Identify and describe the facts:

Find out who did what to whom, and where, when, and how. It helps to get the opposing parties involved in an ethical dilemma to agree on the facts.

What are the five-steps that can be used to analyze an ethical dilemma?

Identify and describe the facts Define the conflict or dilemma and identify the higher-order values involved Identify the stakeholders Identify the options that you can reasonably take Identify the potential consequences of your options

In what ways has the European privacy environment turned in 2015 against American firms such as Facebook and Google?

In 2015 Belgium sued Facebook for collecting and processing data without user consent France's privacy data-protection regulator ordered Google to expand the right to be forgotten to the entire world. Dutch, German, and Belgian authorities are investigating Facebook's combining of data from its services to target advertising, and its use of its Like buttons for tracking browsing habits across the entire Web.

What is the purpose of intellectual property law?

It is to balance two competing interests: the public and the private. The public interest is served by the creation of inventions, works of art, music, literature, and other types of intellectual expression. The private interest is served by rewarding creators of intellectual property by a time-limited monopoly that grants exclusive use to the creator.

Which of the FTC's Fair Information Practices (FIP) principles requires identification of the collector of data?

Notice/Awareness

Which case was instrumental in paving the way for Internet business methods patents? Brown Bag v. Symantec State Street Bank & Trust Co. v. Signature Financial Group, Inc. Alice Corporation Pty. Ltd. v. CLS Bank International Ticketmaster Corp. v. Tickets.com

State Street Bank & Trust Co. v. Signature Financial Group, Inc.

According to data from Pew Research Center, which of the following is the action which the highest percentage of Internet users has taken to preserve their privacy online? used an anonymous Web browsing service encrypted their communications cleared Web browser history and cookies posted comments online anonymously

cleared Web browser history and cookies

Downloading music tracks owned by record companies without paying for them is an example of a violation of:

copyright law

All of the following are factors that will be considered in determining whether use of copyrighted material is "fair use" except the: nature of the work used. amount of the work used. market effect of the use. free availability of the work on the Web.

free availability of work on the Web

The sharing of a user's stored cookie information between Web sites and without the user's knowledge is:

legal in the United States but illegal in Europe

Which of the following is not one of the four basic principles shared by ethical schools of thought in western culture? accountability privacy responsibility liability

privacy

Which of the following is not a major e-commerce public safety and welfare issue? regulation of gambling regulation of cigarette sales regulation of pornography regulation of taxation

regulation of taxation

Which of the following e-commerce technology dimensions creates greater opportunities for cyberbullying? information density interactivity social technology ubiquity

social technology

Which of the following can be used to record all keyboard activity of a user? shopping carts trusted computing environments spyware DRM

spyware

A social consequence of the richness of Internet information is:

very persuasive messages might reduce the need for multiple independent sources of information

Operates the largest private personal database in the world

Acxiom

Informed Consent

An individual has knowledge of all of the material facts needed to make a rational decision and consent has been given to collect information.

All of the following cases involved the doctrine of fair use except: Brown Bag Software vs. Symantec Corp. Perfect 10, Inc. v. Amazon.com, Inc. et al. Field v. Google, Inc. Kelly v. Arriba Soft.

Brown Bag Software vs. Symantec Corp.

Which case involved the issue of keywording?

Government Employees Insurance v. Google, Inc.

What is the first step in analyzing an ethical dilemma?

Identify and describe the facts.

Which ethical principle asks you to assume that virtually all tangible and intangible objects are owned by someone else unless there is a specific declaration otherwise?

No Free Lunch

Which of the following statements about net neutrality is not true? The FCC now regulates ISP pricing. The FCC ruled that Internet broadband service providers should be viewed as public utilities similar to telephone companies. The FCC overruled state laws that made it difficult for cities to operate their own broadband networks. ISPs can no longer discriminate against users on the basis of protocol or amount of usage.

The FCC now regulates ISP pricing.

Handles cybersquatting cases under its Uniform Dispute Resolution procedures:

WIPO -> World Intellectual Property Organization

Protects original forms of expression in a tangible medium:

copyright law

Registering a domain name similar or identical to trademarks of others to divert Web traffic to their own sites is an example of:

cyberpiracy

In which case did the U.S. Supreme Court rule that basic business methods cannot be patented?

Alice Corporation Pty. Ltd. v. CLS Bank International

Which of the FTC's Fair Information Practices (FIP) principles requires opt-in or opt-out policies to be in place?

Choice/Consent

Facebook's privacy policies became easier to understand.

False

What are the methods that are being used to protect online privacy?

legal protections, industry self-regulation, privacy advocacy groups, privacy protection products, and technology solutions.

What are the four types of inventions for which patents are granted under patent law?

machines, manmade products, compositions of matter, and processing methods

Most adult social network participants do not have any expectation of personal privacy when using a social network.

False

Information Privacy

Includes both the right to prohibit certain information from being collected by either governments or businesses and the right to control the use of whatever information is collected about you

The Right to be Forgotten

Is the claim of individuals to be able to edit and delete personal information online.

Privacy

Is the moral right of individuals to be left alone, free from surveillance or interference from other individuals including the state.

Registering a domain name similar or identical to trademarks of others to extort profits from legitimate holders is an example of:

cybersquatting

Which of the following e-commerce technology dimensions has the potential to reduce cultural diversity in products? ubiquity interactivity information density global reach

global reach

Disputes over federal trademarks involve establishing:

infringement

Amazon has a patent on:

one-click purchasing

Allows someone to obtain an exclusive monopoly on the ideas behind an invention for 20 years:

patent law

Identify the stakeholders:

players in the game who have an interest in the outcome, who have invested in the situation, and usually who have vocal opinions.

Which ethical principle emphasizes putting oneself into the place of others and thinking of oneself as the object of the decision?

the Golden Rule

Which ethical principle tells you that it is wise to assume perfect information markets?

the New York Times test

Which of the following features of e-commerce technology can result in work and shopping invading family life? interactivity ubiquity information density global reach

ubiquity

All of the following are possible penalties for violating the Digital Millennium Copyright Act (DMCA) except: up to ten years imprisonment for a first offense. fines up to $500,000 for a first offense. fines up to $1 million for a repeat offense. restitution to the injured parties for any losses due to infringement

up to ten years imprisonment for a first offense

Which of the following is a core Fair Information Practices (FIP) principle? Choice/Consent Access/Participation Security Enforcement

Choice/Consent

What are the three main types of intellectual property protections?

Copyright, Patent, and Trademark Law

Involves bypassing the target site's home page and going directly to a content page:

Deep linking

Copyright protection protects against others copying the underlying ideas in a work.

False

It is more difficult to obtain a copyright than it is to obtain a patent.

False

The Children's Internet Protection Act (CIPA) has been struck down by the U.S. Supreme Court as unconstitutional.

False

The General Data Protection Regulation (GDPR) eliminates the right to be forgotten.

False

The NAI's privacy policies have established the TRUSTe seal.

False

The principle of responsibility means that individuals, organizations, and societies should be held accountable to others for the consequences of their actions.

False

Which of the following is not a privacy advocacy group? Epic.org Reputation.com Cdt.org Privacy.org

Reputation.com

What is the FTC recommendation regarding choice as it relates to personally identifiable information (PII)?

Require firms to have consumers affirmatively opt-in before PII is collected.

Which ethical principle states that when confronted with an ethical dilemma, an individual should take the action that produces the least harm, or the least potential cost?

Risk Aversion

"Do Not Track" falls under which of the following principles in the FTC's new privacy framework? Privacy by Design Simplified Choice Greater Transparency Scope

Simplified Choice

Identify the potential consequences of your options:

Some options may be ethically correct, but disastrous from other points of view. Other options may work in this one instance, but not in other similar instances. Always ask yourself, "What if I choose this option consistently over time?"

In the United States, Google is not required to remove results from its search engine if requested.

True

Liability is a feature of political systems in which a body of law is in place that permits individuals to recover damages done to them by other actors, systems, or organizations.

True

Net neutrality refers to the idea that Internet service providers (ISPs), including cable Internet and wireless carriers, should treat all data on the Internet in the same manner, and not discriminate or price differentially by content, protocol, platform, hardware, or application.

True

Section 230 of the Communications Decency Act (CDA) provides immunity for providers and users of interactive computer services (such as ISPs and Web sites) from being considered a publisher that might be liable for harmful content posted by others.

True

The ethical principle of Universalism states that if an action is not right for all situations, then it is not right for any situation.

True

The opt-in model for informed consent requires an affirmative action by the consumer before a company can collect and use information.

True

Identify the options that you can reasonably take:

You may find that none of the options satisfies all the interests involved, but that some options do a better job than others. Sometimes, arriving at a "good" or ethical solution may not always be a balancing of consequences to stakeholders.

The President's Council of Advisors on Science and Technology has called for all of the following except: a consumer privacy bill of rights. a data breach law requiring firms to report losses of consumer data. an amendment of the Electronic Communications Privacy Act to strengthen protections against government surveillance. a blanket prohibition on commercial data brokers.

a blanket prohibition on commercial data brokers.

Which of the following technologies allows you to send e-mail without a trace? anonymous surfing P3P anonymous remailers public key encryption

anonymous remailers

Which of the following basic ethical concepts plays an important role in defining privacy? responsibility accountability liability due process

due process

The display of a third-party's Web site or page within your own Web site is called:

framing

Is a tiered notice and response system aimed at reducing copyright infringement over P2P networks.

the CAS

Which ethical principle states that, when confronted with an ethical dilemma, individuals should take the action that achieves the greater value for all of society?

the Collective Utilitarian principle

Which ethical principle states that if an action cannot be taken repeatedly, then it is not right to take at all?

the Slippery Slope

Which ethical principle asks you to consider the impact of your decision if the principles underlying your decision became an organizing principle of the entire society?

the Social Contract rule

Which of the following is not aimed at strengthening the ability of law enforcement agencies to monitor Internet users without their knowledge? the USA PATRIOT Act the Homeland Security Act the Communications Assistance for Law Enforcement Act the USA Freedom Act

the USE Freedom Act

What is the major reason that the Internet has such potential for destroying traditional conceptions and implementations of intellectual property law?

the availability to make perfect copies of digital works at little cost

Registering the domain name Faceboik.com with the intent to divert Web traffic from people misspelling Facebook.com is an example of:

typosquatting

How long does copyright protection extend for corporate-owned works?

95 years

Which of the following situations would not qualify for the fair use exception to U.S. copyright law? A professor clips a newspaper article just before class and distributes copies of it to his class. A journalist quotes a paragraph from a book in a review of the book. A student copies a photograph of his favorite band from a Web site created by the band's record label and places it on the student's personal Web site. Google posts thumbnail images of books in the Google Book Search Project.

A student copies a photograph of his favorite band from a Web site created by the band's record label and places it on the student's personal Web site.

Define the conflict or dilemma and identify the higher-order values involved:

Ethical, social, and political issues always reference higher values. Otherwise, there would be no debate. The parties to a dispute all claim to be pursuing higher values (e.g., freedom, privacy, protection of property, and the free enterprise system).

Requires financial institutions to inform consumers of their privacy policies and permits consumers some control over their records:

Gramm-Leach-Bliley Act

Which of the following is not one of the issues complicating the taxation of e-commerce sales? Taxes raised are used for different government purposes. Sales taxes and policies vary by state and country. Retailers legally only have to charge sales tax if they have operations located in the same state as a consumer. Small online businesses are unable to manage sales taxes to thousands of different jurisdictions.

Taxes raised are used for different government purposes.

Which of the following statements about the patent battle between Apple and Samsung is not true? The courts have decided that Apple does not have a valid patent on the iPhone's user interface. The courts have ruled that Samsung has infringed on some of Apple's patents. Analysts believe the cost to Apple of this litigation is at least equal to the damage award it may ultimately be paid. Over the last five years of litigation, Samsung has changed its interface and functionality to greatly reduce its infringement.

The courts have decided that Apple does not have a valid patent on the iPhone's user interface.

Megaupload's founder, Kim Dotcom, was arrested in connection with ________

copyright infringement

Which of the following tools can companies use to track user statements and views on newsgroups, chat groups, and other public forums? cookies digital wallets search engines shopping carts

search engines

Google defended its Library Project on the grounds of fair use.

True

The expansion of generic top-level domains recently authorized by ICANN is likely to be very disruptive in terms of trademark protection.

True

What are the ways in which the practices of e-commerce companies, particularly the use of advertising networks, threaten people's privacy?

They collect information about how you use the Web including the sites you visit, online purchases, the click-through ads you respond to, and information on social networking sites. Place cookies on your computer that are used to track your movements as you surf the Web. They may also compile a profile that contains information that the company infers about you based upon the sites you visit.

The AdChoices program is an industry-sponsored initiative to encourage Web sites to be more transparent about how they use personal information and to make it more likely that appropriate ads are shown to users.

True

The European Data Protection Directive prohibits the transfer of PII to organizations or countries that do not have similar privacy protection policies.

True


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