Jour 369 Final (4)

Yes. It is a FERPA violation if Frank doesn't first check the student's admission file to determine whether the student has listed the father as a person who has access to the student's academic records.

Frank taught Chemistry 101 to freshmen at Livingston University. One day his email inbox had a message from Tom, who identified as the father of one of Frank's students. The email read, "I'm a chemist, too, so if my daughter makes below 80 on any test or evaluation in your class, please let me know immediately so I can help her be successful in your class." Any legal issue here? 1. No. The doctrine of parental rights provides parents must be provided academic information. 2. Yes. It is a FERPA violation if Frank doesn't first check the student's admission file to determine whether the student has listed the father as a person who has access to the student's academic records. 3. No. Frank should just delete the email, though. Any response from a professor would be unethical. 4. It depends. Frank must first check to see who is paying the student's tuition. If the father is on record as making payments, the father has a legal right to the student's academic records.

The News Exception.

Frank was in training to become a professional snowboarder. As it happened, his training schedule allowed him to work the afternoon shift driving a bulldozer at the county landfill. He didn't tell anyone about that, even his family. The federal Environmental Protection Agency announced an award for the landfill as the most efficiently operated waste area in the state. To illustrate this, Town News sent a photographer to the landfill and the photographer happened to include Frank's face in a photo of the bulldozer as it buried garbage. The photo accompanied a story about the award. Frank was not asked and did not give permission, but was seriously upset when the photo appeared in print and digital spaces. He wanted to be known for snowboarding, not bulldozer driving. Why can't he sue? 1. The photographer had no way of knowing Frank would object. 2. The News Exception. 3. It depends. He actually can if it is determined the landfill is not a public space. 4. His name was not used.

Consent

If it can be shown, the slam-dunk defense to any claim of personal privacy invasion is: 1. Objectivity. 2. Section 230's take-down provisions. 3. Consent. 4. Unconstitutionality.

They provide a template for ethical decision-making.

Most communications professions have codes of ethics. What purpose do they serve? 1. They provide a template for ethical decision-making. 2. They are a resource approved by the legislatures of all states. 3. They provide an affirmative defense for litigation. 4. They can be referenced to reach the correct decision, one which will have the best outcome for all.

Yes. This violates Saban's right of publicity

Nick Saban retired as one of the greatest and most widely known college football coaches. As a famous person, he didn't dine out often because fans would mob him. Frank owned a barbecue restaurant in Saban's home town, Tuscaloosa, and recognized that at least once per week, there was a Grub Hub order to be delivered to an address, which Frank knew was Saban's home. Based on this, Frank put a sign in his window, reading "Nick Saban loves our barbecue. You will, too." Any problem? 1. No. Saban is a public figure. 2. Yes. This violates Saban's right of publicity, 3. It depends. It's OK if Frank verifies that it's actually Saban who is consuming the food, not a member of his family or staff. After all, it could be Saban's gardener or someone. Saban may never have eaten Frank's barbecue, which would make the sign untruthful. 4. Yes. Saban has chosen seclusion by not coming to the restaurant, so this is an intrusion.

Attitudes and laws about personal privacy have swung one way and then the other way and then back again.

Throughout American history, 1. Attitudes and laws about personal privacy have mirrored the technology of the period. 2. Attitudes and laws about personal privacy have been keyed to the First and Fourth amendments. 3. Attitudes and laws about personal privacy have swung one way and then the other way and then back again. 4. Attitudes and laws about personal privacy have been consistent because it's a natural right.

Aristotle.

To whom is this quotation attributed: "Personal privacy is critical to allow the development of the self and the pursuit of a virtuous life." 1. Aristotle. 2. Frank. 3. Epictetus. 4. Charlie Mitchell.

Both allow people to out of disclosure of anything about them, including directory information.

What do FERPA and HIPAA have in common? 1. Both provide for substantial fines. 2. Both allow people to out of disclosure of anything about them, including directory information. 3. Both require deletion of all personal information in institution files has after 10 years. 4. All of the above.

Most human interactions involve only some of the senses.

What is meant by "fractional communication?" 1. It describes communication that uses only numbers, i.e. binomial nomenclature. 2. It describes the need for marketing professionals to know as much as possible about the personal preferences of their target audience. 3. It relates to internet connection speeds. 4. Most human interactions involve only some of the senses.

COPPA

With holiday gift-giving approaching, Masbro Toys executives reviewed last year's top-selling items and their associated profit margins/price points for each. As a member of the marketing team, you received a memo from the CEO: "Greetings. I want to announce a $100,000 bonus to the marketing team member who can tell me why the Zuma Summa Lumma doll we produced last year had such dismal sales. It was a high-profit item and we took a big loss which, frankly, we cannot repeat. The bonus will be worth it to the company to reward any team member who can do research on why the Zuma Summa Lumma failed plus indicate what characteristics should be part of the design for a top-selling children's product this year." You'd like to win that bonus, but you are mindful of: 1. The Electronic Communications Privacy Act. 2. COPPA. 3. FERPA. 4. HIPAA.

Individuals are different about what they consider private.

A difficulty in creating and/or enforcing privacy law is: 1. Individuals are different about what they consider private. 2. The internet is only available to people who can pay for access. 3. Targeted marketing is unconstitutional. 4. All of the above.

Appropriation.

A privacy tort often committed by the unwary advertising designers is: 1. Libel. 2. Intrusion. 3. Appropriation. 4. Infliction of emotional distress.

To remember messages are going to real people and not think of the audience only as a commodity.

An ethical challenge to professionals engaged in digital marketing is: 1. To remember that unlikely targets should be screened out to manage client costs. 2. To remember that price is the most important factor, and cheaper means more sales. 3. To remember messages are going to real people and not think of the audience only as a commodity. 4. That using statistics has a substantial impact, and messaging should provide data as often as possible.

The Booth Rule.

Channel 6 News recorded video of Frank rushing into his house, which was on fire, and running out with his 1-year-old child. The video was used on newscasts for the next 24 hours and also posted on the Channel 6 website. Frank was a private person, who was certainly happy to be able to rescue his child but didn't enjoy the public attention and continuing comments, especially after Channel 6 included the video in a 5-second promo for its newscasts, shown dozens of times a day. Frank made an appointment and went to see an attorney. The attorney remembered that using a person's image for promotional purposes without permission was a tort for which damages could be awarded. He advises Frank to sue Channel 6. Is the attorney forgetting anything? 1. The Wire Service Rule. 2. The News Exception. 3. The requirement to send a cease and desist letter before filing a court action. 4. The Booth Rule.

That a reasonable person in the same situation would consider the information private.

Frank applied for a car loan and was turned down by First Bank. Frank's friend, Mike, who was a member of their Thursday Night Poker Club, knew about the rejection because Frank told him. During a conversation at the poker table, Sam said he was thinking about buying a new car. Mike responded, "Well don't try to get a loan from First Bank. They turned Frank down." Frank didn't say anything immediately, but he was clearly embarrassed. He didn't want all his friends to know this. If he sues Mike for invasion of privacy, what will he have to prove? 1. That Mike was told not to tell anyone else. 2. That a reasonable person in the same situation would consider the information private. 3. That no one cared or change their opinion of Frank as a friend. 4. Only that he preferred others not to know.

Maybe sending in people to "spy" was unethical and maybe it wasn't, but Best Burgers doesn't have an invasion of privacy case.

Frank was hired to help market a Best Burgers franchise in Wichita. Across the street from the Best Burgers was a Super Burger franchise. Frank noticed that the Super Burger was always busier than his client's restaurant, so he began an investigation to find out why. He paid some people to go to both restaurants and order the same food. What Frank learned was that while burger prices were the same at both places, Super Burger included french fries at no added cost while Best Burgers charged extra. As he was turning into his client's drive to provide a written report including this fact to the manager of Best Burgers, by accident a copy of the report blew out of his car window and was picked up and given to the manager of Super Burger. In turn, the manager of Super Burger became very angry about what he believed to be an invasion of privacy and contacted you because you are his company's marketing expert. What would you tell him? 1. Maybe sending in people to "spy" was unethical and maybe it wasn't, but Best Burgers doesn't have an invasion of privacy case. 2. An appropriation case is "almost" complete, but but winning it would require proof that Best Burgers copied the competition and started including free fries with burgers in order to gain customers. That's not in the facts as given. 3. The best approach would be to show the report to the Better Business Bureau and demand a fine be imposed for violation of commercial ethics laws. 4. The best approach would be to show the report to the Better Business Bureau and demand damages be imposed for the tort of intrusion.

Yes, this is classic commercial appropriation.

Frank was in training to become a professional snowboarder. As it happened, his training schedule allowed him to work the afternoon shift driving a bulldozer at the county landfill. He didn't tell anyone about that, even his family. The federal Environmental Protection Agency announced an award for the landfill as the most efficiently operated waste area in the state. As it happened, the bulldozer Frank was operating had a special new waste-burying blade attachment. The company that sold the bulldozer attachment obtained a photo of Frank operating the bulldozer with the special blade and used it in the company's social media messaging to promote sales. Any legal problem with this as it regards Frank? 1. It depends. If the company's sales of the blade attachment don't increase based on the photo including Frank, then his image has not provided any benefit. 2. No. The News Exception applies. 3. Yes, this is classic commercial appropriation. 4. It depends. This is classic commercial appropriation unless the landfill is private property.

Because if we imagine it doesn't exist, it's easy to see social chaos would be the result.

How can we know that personal privacy is a real thing? 1. Because it allows media companies to establish bright line rules and standards to apply in all situations. 2. Because it's defined in the U.S. Constitution. 3. Due to the existence of subjectivity in every culture. 4. Because if we imagine it doesn't exist, it's easy to see social chaos would be the result.

Obtaining personal information about others is needed to tell personal stories, which have more impact on the audience because people relate more strongly to experiences than to data.

How is personal information about others helpful to journalists? 1. Obtaining person information about others is needed by journalists to fulfill the Society of Professional Journalists Code of Ethics requirements. 2. Obtaining personal information about others is needed to tell personal stories, which have more impact on the audience because people relate more strongly to experiences than to data. 3. Obtaining personal information about others is essential to mirror the intent of the First Amendment. 4. Obtaining personal information about others supports establishing a paywall because people will not pay for data but they will pay for entertainment.

Technological determinists.

Members of the school of thought who claim technology is the driver of human existence are: 1. Fatalists. 2. Optimists. 3. Technological determinists. 4. Deontologists.

Autonomy, space and information.

The distinct contexts in which personal privacy issues arise are: 1. Autonomy, space and information. 2. Time, place and manner. 3. Local, state and federal law. 4. Torts, common law and FTC regulations.

In theory at least, it could become illegal to harvest or track any activity in a digital space, that internet users would be guaranteed complete anonymity.

What is meant by a "right to oblivion" in the context of digital communication? 1. Any device that could connect to the internet would be required to be programmed to erase any personal information within 24 hours. (This would not be helpful because it would flush people's contact lists every day and take people back to the time of memorizing phone numbers.) 2. In theory at least, it could become illegal to harvest or track any activity in a digital space, that internet users would be guaranteed complete anonymity. 3. In theory at least, internet users would be assigned numbers instead of their real names, protecting their privacy. 4. Any device that could connect to the internet would have, at the discretion of the user, to delete all stored content (except contact lists). Question 20

It's not illegal, but digital marketers have no legal right to harvest personal information.

What law gives digital marketers the right to harvest personal information? 1. The Brady Act. 2. The Electronic Communications Privacy Act. 3. It's not illegal, but digital marketers have no legal right to harvest personal information. 4. The California statute that requires browsers to track searches.

The word "privacy" is not in the Constitution, but rulings have been consistent that the right implicitly exists based on all the other personal rights in the Bill of Rights.

What provision of the U.S. Constitution establishes a right to personal privacy? 1. The word "privacy" is not in the Constitution, but rulings have been consistent that the right implicitly exists based on all the other personal rights in the Bill of Rights. 2. The Fourth Amendment. 3. The word "privacy" is not mentioned in the First Amendment specifically. Instead, it is included of the Fourth, 13th and 15th Amendments. 4. Article III, Section 8.

All of the above

Why is harvesting individuals' personal information important in marketing communication? 1. Because it adds efficiency in the delivery of marketing messages. 2. Because it serves the "golden rule" of advertising to reach the most likely audience with the most effective message at the lowest possible cost. 3. Because it can faciitate convenience for the consumer. 4. All of the above.