Business Law Chapter 9

Under the ECPA:

-Any intended recepient of an electronic communication has the right to disclose it. - ISPs are generally prohibited from disclosing electronic messages to anyone other than the address... -Anyemployer has the right to monitor workers' electronic communications if 1) the employee consents, 2) the monitoring occurs in the ordinary course of business, or 3) in the case of email, if the employer provides the computer system.

Under the statute (Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)), commercial email:

-May not have deceptive headings (From, To, Reply To, Subject) -Must offer an opt-out permitting the recipient to unsubscribe (and must honor those requests properly) -Must clearly indicate that the email is an advertisement - Must provide a valid physical return address (not a post office box) - Must clearly indicate the nature of pornographic messages.

The public disclosure tort requires the plaintiff to show all the following:

-The defendant made public disclosures. - The disclosed fact had been private. - The facts were not of legitimate concern to the public. - The disclosure is highly offensive to reasonable person.

The two requirements for establishing a "reasonable expectation of privacy" are:

1. The person had an actual, subjective expectation of privacy. 2. Society accepts the person's expectation of privacy

The tort of intrusion requires the plaintiff to show that the defendant:

1. intentionally intruded, physically or otherwise 2. upon the solitude or seclusion of another or on his private affaires or concerns 3. in a manner highly offensive to a reasonable person.

Intrusion

A civil cause of action that applies when a person intrudes on another affairs or space in an offensive way.

Public Disclosure of Private Facts

A civil cause of action that may apply when an individual discloses another's private information without consent.

Tracking Tools

A computer program that tracks information about Internet users.

User-generated Content (UGC)

Any content created and made publicly available by end users.

Internet Service Provider (ISP)

Companies like Verizon and Comcast that connect users to the internet.

T/F The government can never legally spy on communications involving U.S. citizens without a warrant.

False

Foreign Intelligence Surveillance Act (FISA)

Is a federal statute governing domestic spying.

The First Amendment

Protects free speech

Communications Decency Act of 1996 (CDA)

Provides ISPs and websites immunity from liability when information was provided by an end user.: Under the CDA, end users and anyone who simply provides a neutral forum for information (such as ISPs and websites operate), are not liable for content that is provided by someone else. Only content providers are liable.

The Federal Trade Commission Act authorizes the Federal Trade Commission (FTC) to protect consumers.

Section 5 of the FTC Act prohibits unfair and deceptive acts or practices.

Behavioral Marketing/Targeting

The practice of aiming certain advertisement at consumers based on their online behavior.

Net Neutrality

The principle that all information flows on the internet must receive equal treatment.

T/F Any intended recipient of an email may forward it to whomever she wishes.

True

T/F Employers can read employees'' emails sent on work computers.

True

T/F The FTC requires websites to establish a privacy policy and then abide by it.

True

T/F The First Amendment to the Constitution protects bloggers who post insults about other people.

True

Spam

Unsollicitated commercial email.

Spiro Spammer sends millions of emails a day asking people to donate to his college tuition fund. Oddly enough, many people do. Everything in the emails is accurate (including his 1.9 GPA). Which of the following statements is true? a. Spiro has violated the Can-Spam Act because he has sent unsolicited commercial emails. b. Spiro has violated the Can-Spam Act if he has not offered recipients an opportunity to unsubscribe. c. Spiro has violated the Can-Spam Act because he is asking for money. d. Spiro has violated the Can-Spam Act unless the recipients have granted permission to him to send these emails. e. Spiro has not violated any laws.

b. Spiro has violated the CAN-SPAM act if he has not offered recipients on opportunities to unsubscribe.

The following agency is charged with the regulations of electronic communications: a. National Security Agency b. Federal Communications Commissions c. None of the above

c. None of the above

*Because Blaine Blogger reviews movies on his blog, cinemas allow him in for free. Nellie Newspaper Reporter also gets free admission to movies. Blaine ________ disclose on his blog that he receives free tickets. Nellie _________ disclose in her articles that she receives free tickets.* A. must/must B. need not/need not C. must/need not D. need not/must

c. must/ need not

An employer has the right to monitor workers' electronic communication if: a. The employee consents. b. The monitoring occurs in the ordinary course of business. c. The employer provides the computer system. d. All of the above e. None of the above

d. All of the above

Sushila suspects that her boyfriend is being unfaithful. While he is asleep, she takes his iPod out from under his pillow and goes through all his playlists. Then she finds what she has been looking for: Plum's Playlist. It is full of romantic songs. Sushila sends Plum an email that says, "You are the most evil person in the universe!" Which law has Sushila violated? a. The First Amendment b. The CDA c. The ECPA d. The CFAA e. None

e. None

Electronic Communications Privacy Act of 1986 (ECPA)

is a federal statute that prohibits unauthorized interception of, access to, or disclousure of wire and electronic communications. (email, cell phones, and social media.)

The core principles of Fair Information Practices (FIP)

it is recommended not law -Notice/ Awareness -Choice/ Consent -Access/ Prarticipation -Integrity/ Security

Children Online Privacy Protection ACT of 1998 (COPPA)

prohibits internt operators from collecting information from children under the age of 13 without parental permission.

The Fourth Amendment

prohibits unreasonable search and seizure by the government.