MSU LAW 231 Chapter 9

Does the First Amendment protect defamatory speech online, provided it is anonymous?

No, because defamatory speech is unlawful.

Beatrice runs a boutique clothing store called Jewel's Place. Beatrice's biggest local competitor is Andrea, who owns a similar shop called Rags to Riches. Beatrice makes several social media posts stating that Andrea purchases the clothing in her store from an overseas sweat shop that hires underage children and pays them only fifty cents per day. Beatrice's online posts:

constitute defamation if the statements are not true.

In this situation, Vince would be engaging in _______ . This type of activity ______ a category of cybersquatting. In this situation, the domain names _______ identical to the official domain name. The offending domain names likely _____ confusingly similar to the official domain name.

typosquatting, is, are term-19not, are

An employee who violates a company's social media policy by public posting negative comments about the company:

may be fired.

Spam regulating laws, including The CAN-SPAM Act, regulates unsolicited commercial emails by: (Select two)

- requiring opt-out systems - prohibits deceptive email headings

Employers have the right to monitor emails by their employees when: (Select two)

- the employer has provided the computer on which the emails are sent. - the company has provided the email server on which the email was sent.

Who has the right to disclose an electronic communication under the SCA?

Any intended recipient of the communication

Internet Service Providers (ISPs) are not liable for the content posted by someone on a neutral forum under the:

Communications Decency Act of 1996

In which of the following must a court order be obtained to secretly record a conversation under federal law? (Select all that apply)

When the police want to record the conversation

If a user of a social media app, publicly posts content incriminating themselves, may police use that as evidence against the individual?

Yes, because there was no reasonable expectation of privacy in the post.

Chanelgraffiti.com, chanelgraffitibackpack.com and buychanelgraffitibackpack.com ______ identical to chanel.com. The use of the word "chanel" in the web pages registered by Vince and Total Service _______ confuse a reasonable consumer to believe that the web pages were related to Chanel, Inc.

are not, could

To prove a violation of the Anticybersquatting Consumer Protection Act, a plaintiff must show that the offending domain name is ________ or ___________ the plaintiff's domain name. In addition to the first criteria, a plaintiff must prove that the person or entity using the offending domain name has _________ to profit from the use.

identical, confusingly similar to, a bad faith intent

The ECPA is the:

Electronic Communications Privacy Act

Which of the following laws regulate wiretapping on a federal level?

Electronic Communications Privacy Act

Under the SCA, when may an employer monitor electronic communications of employees? (Select all that apply)

- When the monitoring occurs as part of the ordinary course of business. - the employee consents - If the employer supplied the computer on which the monitoring is taking place.

After eating at a local restaurant, in which you had a heated disagreement with the owner, you decide to go online and post a review. Your review states that not only would you never eat their again due to their unprofessionalism, but that your food was bad and the restaurant was so unclean that it should be inspected by the health department, because you "saw a rat run across the floor of the kitchen." If your review is posted anonymously, does the restaurant owner have any legal recourse so they may find out who you are and possibly sue you for defamation?

Yes, the business may have the right to uncover your identity in order to bring a suit against you.

Oscar is a excellent computer programmer who has been asked by a local university to teach a course in computer sciences. As part of the curriculum, Oscar teaches students how to bypass certain security features of popular software programs. During one class lesson, Oscar opened a homework grading software and demonstrated to students the exact steps to uncover all the correct answers. Is Oscar's conduct a violation of the DMCA?

No, because it was done for educational purposes.

In which of the following might an individual have a reasonable expectation of privacy online?

When they are entering their credit card information.

Given the facts above, Vince likely ______ have a bad faith intent to profit from the use of the domain name and ______ violate the ACPA.

does not, did not

Online activities and content may be legally regulated through the following laws or mechanisms: (Select two)

- Tort law - The First Amendment to the Constitution

The sale of backpacks with the Chanel trademark on them by the Vince and Total Service websites likely ______ an indication of bad faith intent to profit. It _______ reasonable for a court to determine that Vince and Total Service violated the ACPA by using chanelgraffitibackpack.com and buychanelgraffitibackpack.com.

is, would be

A reasonable expectation of privacy requires: (Select all that apply)

- Societal acceptance of the expectation of privacy as reasonable. - An individual's actual, subjective expectation of privacy

If an anonymous online user commits defamation against an individual or business, may that individual or business compel the Internet Service Provider to reveal the identity of the user?

Yes, if ordered to do so by a court.

Under which of the following could an online user reasonably expect to maintain privacy protections under the Fourth Amendment? (Select two)

- when the user is entering in their credit card information to an online store - when the user posted to a private online journal which did not allow for sharing or followers

Hallie has worked at Blue Stone Insurance Company for twelve years. Hallie has never had a discipline problem and has always excelled in her job as a human resources specialist. Yesterday, Hallie's supervisor Kimberly contacted her and told Hallie that she was being let go because of some controversial Facebook posts that Hallie had made that violated Blue Stone's media policy. Hallie had posted on Facebook pictures of herself smoking marijuana and made statements that Blue Stone's random drug testing policy was unfair. Hallie also listed the names of Blue Stone employees who were scheduled to be drug tested in the next week. Hallie wants to sue the company for unlawful firing; she believes that her First Amendment rights have been violated because Blue Stone accessed her Facebook account and fired her based on her posts. Does Hallie have a valid claim for wrongful termination?

No, Hallie does not have a valid claim for wrongful termination because her posts violated the company's social media policy.

Evelyn is looking for a baby gift for her friend, so she visits an online social media site, Bundle of Joy, to get some ideas. Bundle of Joy is a social media site where expectant and recent mothers can visit and exchange ideas and concerns. It has a huge presence on the internet, almost as big as Facebook. Evelyn is always concerned about her privacy online, so she carefully reviews the company's privacy policy before she uses the website. The privacy policy clearly states that the site uses cookies to gather information from the user, but the information will be used only by Bundle of Joy to help the user connect with other users who share common interests. A week later, Evelyn begins receiving offers for baby items from multiple online retailers, each beginning with the words: "Because you visited Bundle of Joy....." Evelyn is enraged and complains to the Federal Trade Commission (FTC). Is there anything the FTC can do on Evelyn's behalf?

Yes, the FTC can sue Bundle of Joy if it has an agreement with Bundle of Joy that allows the FTC the power to review Bundle of Joy's privacy and data practices and it violates its own policies.

Josef grew tired of making minimum wage at a local fast-food restaurant, so he decided to pursue a more lucrative venture. Josef started selling marijuana and meth, and soon built up a substantial business. Josef then posts about his success on Facebook, displaying a picture of himself surrounded by his "product" and fanning out a big stack of cash. After local law enforcement learn of the post, an officer friends Josef online to learn more about his contacts, so they can find out who his customers and suppliers are. Any information obtained through this online "sting":

can be legally used.