ch7

According to the Bartnicki v. Vopper ruling by the Supreme Court, which of the following materials may the press freely publish unless the government can demonstrate an interest of the highest order? (Check all that apply.)

-Material that is obtained lawfully from a source who obtained it unlawfully -Material that is of public significance

Which legal concepts does common law cover? (Check all that apply.)

-publication of private information -intrusion into seclusion

Identify an instance that portrays the violation of privacy of space.

A burglar breaks into a celebrity's mansion to steal money.

Identify an option that characterizes a violation of privacy of information.

A credit card company illegally sells confidential data about its customers to other businesses.

Identify an option that correctly characterizes privacy of autonomy.

A man's right to make a decision on whether to use contraceptives or not

Identify the scenario that places a person in a false light.

A reporter publishes unsound information about a celebrity that harms the celebrity's public image.

Identify the scenario in which an intrusion has occurred.

A reporter uses hidden microphones to record a private conversation.

Identify the correct statement about the nature of privacy rights in Constitutional law.

An implied federal constitutional right to privacy is recognized by the U.S. Supreme Court.

Identify the entity that enjoys protection of the right to privacy.

An individual

Identify the organization that has adopted the Federal Trade Commission's principle of privacy by design.

Antasys Inc., an internet provider, includes a "Do-Not-Track" mechanism that allows consumers to control tracking of their online activities.

_____ is the oldest of the four privacy torts.

Appropriation

_____, the oldest of the four privacy torts, protects an individual's name or likeness from commercial exploitation.

Appropriation

is defined as taking a person's name, picture, photograph or likeness and using it for commercial gain without permission.

Appropriation

Identify the person who is most likely to be able to give consent.

Ben, a 20 year old suspect of an illegal drug deal

Manuel, a businessman, sues a business magazine for using his name in a news article published in the magazine. The court dismisses his claim on the basis of the _____.

Booth rule

The _____ states that the use of a person's name or likeness in an advertisement for a magazine is usually not regarded as an appropriation if the photograph has been or will be a part of the magazine's information content.

Booth rule

Identify the person who could be held liable for intrusion.

Dean breaks into a house in his neighborhood to search for his lost pet.

The ruling of a U.S. Court of Appeals in California in the 1971 _____ case for intrusion is considered significant as it held that a homeowner should not "be required to take risk that what is heard or seen [in his or her home] will be transmitted by photography or recording to the public at large."

Dietemann

Identify the person whose right to publicity may be passed on to his heir after his death in case of the existence of a post-mortem publicity right in the state.

Don is a popular musician whose stage name has considerable brand value.

True or false: The Federal Trade Commission works to allow greater freedom for government and private sectors to use facial recognition technology regardless of its privacy implications.

False

Identify the statutory act that limits public access to student educational records.

Family Educational Rights and Privacy Act

Identify a scenario that portrays the violation of a person's right to privacy.

Hannah, a housewife, finds her photos being used illegally to advertise alcoholic beverages.

Identify the statutory act that protects the privacy of individually identifiable health information.

Health Insurance Portability and Accountability Act (HIPAA)

Identify an instance that relates to publication of private information.

Ida secretly records an intimate conversation between two individuals and releases it on the Internet.

Identify a true statement about the concept of privacy.

It is an amorphous concept.

Identify a true statement that relates to the Fourth Amendment to the U.S. Constitution.

It protects citizens against unreasonable searches and seizures in their homes, papers and effects.

Identify the scenario in which the court is most likely to rule in favor of the defendant on the basis of the Booth rule.

Leo, a lawyer, sues a publishing house for using his name in an academic article published in one of its magazines.

Nathan, a photographer, enters his neighbor's driveway without consent and takes a photograph of his neighbor's home. Smith, a spy, hacks into government networks to illegally procure classified information on government activities. Match the person (on the left) with the activity they engage in (on the right).

Nathan = tresspass Smith = intrusion

_____ states that there is a right of decisional privacy possessed by individuals that should be free from undue government interference.

Privacy of autonomy

_____ defines the geographical or physical zone of privacy of as the individual's territorial solitude.

Privacy of space

Identify an exception to the appropriation rule.

Publishing of an individual's name for informational purposes without the individual's consent

When a celebrity's name or likeness is used without his or her consent, the appropriation is said to affect the celebrity's

Right of Publicity

Gina is a popular actress whose identity has taken on a brand value of its own. Which one of Gina's rights may be passed on to Gina's heirs after her death?

Right to publicity

The use of sensational schemes to attract poor and potential readers by big city daily newspapers pushed the Boston lawyers _____ and ______ to propose a legally recognized right to privacy.

Samuel D. Warren, Louis D. Brandeis

Match the person (on the left) with his or her legal ability to give consent (on the right).

Sigmund, a mentally ill patient suffering from advanced dementia = Cannot give consent Manny, a 40 year old woman who lost one leg in a car accident = Can give consent

Albert and Bill are candidates participating in an election. Bill sues Sean, one of Albert's supporters, for having published pamphlets that declared "Vote for Albert, not Bill." Bill argues that his name has been appropriated by Sean without his consent. Which of the following is a likely outcome of the ensuing lawsuit?

The court dismisses Bill's claim.

Percy, a well-known actor, sues a pro gun-control activist group who used Percy's image in an advertisement advocating stricter gun control in a magazine without his consent. Which of the following is a likely outcome of the court case?

The court dismisses Percy's case.

Neil, a photographer, intentionally walks on his neighbor's lawn and takes a picture of his neighbor's house using a camera. Neil's neighbor sues Neil for trespass and intrusion. Which of the following is most likely to be the outcome of the case?

The court finds Neil guilty for trespass but not for intrusion.

Vincent, a spy, secretly records conversations occurring in a private office of a security firm. He is sued in court by the firm for violation of privacy. Which of the following is a likely outcome of the case?

The court finds Vincent guilty of violating privacy rights.

Gabrielle, a model, signs a consent statement with an advertiser giving permission for the appropriate use of her original photographs. She later finds that these photographs have been significantly altered by the advertiser and used inappropriately in an adult entertainment magazine. Therefore, she sues the advertiser. Which of the following is a likely outcome of the lawsuit?

The court will find that the broad consent has been misused by the advertiser and will find the advertiser guilty.

Jane's lawyer, Peter, demands an unethical fee from her for his services. She makes an arrangement with a local news channel to expose him and secretly records her conversation at his office. The story appears in the evening news, and Peter sues for the tort of intrusion. What is most likely to be the court ruling in this suit?

The court would rule that no intrusion of privacy had occurred.

Identify the entity that is considered as a real name by privacy law.

The stage name of an actor

True or false: Dramatic improvements in communication technology have placed the privacy of the individual under jeopardy.

True

Identify a scenario in which a court is most likely to rule in favor of the defendant by the doctrine of incidental use.

Zoe, a popular actress, sues a singer for having made a passing reference to her name in a song without her consent.

The Federal Trade Commission plays an important role in making and enforcing policies under ______.

administrative law

Placing a person in false light is an outgrowth of _____.

appropriation

Advertising or trade purposes are considered _____ in states where privacy statutes exist.

commercial uses

The legal theory of recovery of appropriation is primarily encompassed by ______ law.

common

The privacy theory of false light is encompassed by the ______ law.

common

According to the 1975 Cassidy ruling by an Illinois Appellate Court, no right of privacy against intrusion can be said to exist with reference to the gathering and dissemination of information concerning _____.

discharge of public duties

Mark, a song writer, composes lyrics for a song that makes a friendly passing reference to Andy, a popular actor. Andy sues Mark for having violated his publicity rights. The court is likely to rule in favor of Mark as allowed by the _____.

doctrine of incidental use

The _____ permits a fleeting or brief use of an individual's name or likeness in some kinds of commercial creations.

doctrine of incidental use

As part of applying privacy by design principle, Federal Trade Commission urges companies and businesses to _____.

ensure greater transparency

True or false: Advertisement purposes result in a lack of financial benefit for all parties involved.

false

The common law privacy theory of ______ significantly overlaps with defamation law.

false light

The publication of material that places a person in a(n) ___ ___ is a category of the law of privacy.

false light

An intrusion case focuses exclusively on how information is ______.

gathered

According to Warren and Brandeis, the _____ had overstepped in every direction the obvious bounds of propriety and decency, leading to their proposal of a legally recognized right to privacy.

gossip in the press

The Federal Trade Commission encourages companies to follow the "Privacy by Design" principle by encouraging them to ______.

inculcate data security

Allie has a private conversation with her friend. Kent secretly records this conversation and releases it on the Internet. Kent can be held liable for the violation of Allie's right of _____

informational privacy

A spy hides in a private boardroom to eavesdrop on the conversations of the board members during a conference meeting. This is an example of _____.

intrusion

An area of the privacy law that is growing rapidly, and what most people think of while mentioning invasion of privacy is _____.

intrusion

Jake, a photographer in a local newspaper, enters inside Ted's house without consent and takes some photographs for a photo feature on neighborhood architecture. Jake can be held liable for ______.

intrusion

The most important legal element in a(n) _____ case is what the courts call "a reasonable expectation of privacy."

intrusion

is an invasion of privacy and is committed when one individual intrudes upon or invades the solitude of another individual.

intrusion

The right to privacy is similar to the right of publicity in that both are _____.

legal causes of action that are encompassed by the appropriation tort

Corporations and labor unions do not have a right to privacy and can therefore protect their reputations through _____.

libel law

Only the _____ are protected under appropriation.

names of people

Privacy of space means _____.

people possess a geographical or physical zone of privacy into which others may not intrude or trespass

Kenneth, a journalist, spreads rumors of a celebrity's personal life by publishing untrue private information about the celebrity in various entertainment magazines. This is an example about _____.

placing a person in false light

A court rules that a homosexual individual has the right to make a personal decision on whether to marry or remain a bachelor and that the family or government cannot interfere in such a decision. This exemplifies _____.

privacy of autonomy

A data collection business that sells private data about an individual, without his or her consent, to another business violates the individual's right to _____

privacy of information

A surveillance group conducts illegal investigations on residents of an apartment by using secret microphones hidden inside the house to record private conversations. This characterizes a violation of _____.

privacy of space

The privacy of autonomy means _____.

private and personal decision making by an independent individual, free from government interference and intrusion.

The right of publicity protects a person's _____.

property right

Ben, a school janitor, finds his photos used to advertise motorcycles without his consent. This is an example of the violation of the _____.

right to privacy

John, a popular actor, finds his digitally altered photos being used to advertise carbonated beverages without his consent. This is an example of the violation of the _____.

right to publicity

The privacy of information means _____

that there are some facts and data about oneself that should not be revealed either to or by others

According to a U.S. District Court in Illinois in 1994, the doctor-patient privilege is not violated if _____.

the media records an examination process with the authorization of the patient

The receipt of a signed consent to use an original photograph in a magazine will protect the use of _____.

the original photograph with slight retouching

Sarah hacks into Tim's computer and procures personal information about him. She then publishes this information on the Internet. This is an example of _____.

the publication of private information

When a person uses an artist or his work in a parody, _____.

the rights of the user's free expression take precedence over the artist's right of publicity

Only well-known people can sue for damage to their right to publicity because _____.

their names or likeness have commercial value

A significant change made to the image of a celebrity to mock the prominent person in question is legally considered as a ______.

transformative element

The _____ states that the rights of free expression take precedence over the publicity rights of an artist, when the artist or his work has been appropriated to deliver individual expression

transformative use test

An uninvited intentional entry onto physical private property is called _____.

trespass

True or false: The Federal Trade Commission states that companies should give consumers the option to decide what information is shared about them, and with whom.

true

In the Bartnicki v. Vopper case, the Supreme Court held that the press cannot be sued for publishing or broadcasting material obtained _____.

via an illegal intrusion by a third party