Test 3: Communication Law

U.S. citizens are more aroused by government "snooping" than private information-gathering True False

True

the Bill of Rights only enumerates rights as related to government True False

True

Eli Cooper is a famous professional football player who lived in a rental house in Oxford when he was a student at Ole Miss. Several houses in the area rent for $1,000 per month. The landlord of the house where Eli Cooper lived had a sign made saying "Eli Lived Here" and rents the house for $2,000 per month. On its face this is a violation of Eli Cooper's: a. Right of privacy b. Right of publicity c. Right of invasion

Right of publicity

We can decide when we want to be with others and when we want to be alone A. Autonomy b. Space c. Information

Space

With the advent of video cameras in smartphones, law enforcement agencies have objected to crowds forming whenever they try to make an arrest or conduct any type of investigation. So far, ... a. The Department of Justice has issued a letter indicating it is illegal to record an arrest and invades that individuals privacy. b. The Department of Justice has issued a letter indicating taking photos in a public place is as constitutional as it has always been.

The Department of Justice has issued a letter indicating taking photos in a public place is as constitutional as it has always been.

Bob gets a coupon for shingle medicine, and is happy. Bob applies for a job, and the photo he posted results in him not being hired. Bob applies for health insurance and pays more because his medical condition is part of his profile the..... a. Has been mistreated and has every right to act. b. risk of loss app check does not factor in. c. risk of loss app check factors in.

the risk of loss app check factors in.

According to the U.S. Constitution, A personal right of privacy is created through multiple provisions in the Bill of Rights. A. True B. False

true

Janet and her roommate were walking down the hall of a classroom building when they encountered one of her professors. The professor spotted Janet and said, "Hey. Why didn't you study for your test in my class? You made the lowest grade - a big, fat F." Janet's roommate and everyone else in the hallway heard this. The professor has: a. Violated FERPA. B. Violated COPPA C. Violated HIPAA

violated FERPA

Marry? Job? Kids? Travel? Purchases? a. Autonomy b. Space c. Information

Autonomy

This refers to making one's own decisions. Usually in the context of profession, family, health, personal relationships and such. Self-determination. It is fundamental to Americans that we have neither government - especially government - or societal controls of our life decisions. a. Autonomy b. Space c. Information

Autonomy

Montana legislators are considering a law reading, in part, "It shall be unlawful for any individual or media enterprise of any type to publicly disclose or identify in any way any person who reports or reports being a victim of any sex-related offense punishable under Montana law." As a legal scholar, you recognize this as: A.An unconstitutional prior restraint. B.An invasion of privacy. C.An unconstitutional burden on commerce. D.An appropriate law to protect the privacy of any and all victims of sex crimes.

A. An unconstitutional prior restraint

Mary Bradway was happy to be named Miss University, even happier to be Miss Mississippi and then to be crowned Miss America. Her roommate, Betsy, was happy for her, too. You manage Square Meals, a restaurant near the courthouse in Oxford. Business hasn't been good, but Betsy, who works for you as a server, has an idea. "You know that table by the window?" she asked you. "Let's put a sign on there reading, 'Reserved for Miss America Mary Bradway.' That way passersby might come in thinking they might see Mary, maybe even get an autograph." Even though you ended up managing a restaurant, you took a Communications Law course, so you told Betsy: A.If you can get Mary's permission, we'll do it. B.Great idea. She has been on TV and in the news. C.I like it, but we'll have to make sure Mary makes a reservation or it will be false advertising. D.Great idea. I'll print up a card for the table before we open today.

A. If you can get Mary's permission, we'll do it.

Hollywood releases a new movie and one of the characters in the movie is a greasy, sleasy, corrupt governor named Jimmy Nixon. As it happens, the real governor of Utah is named James Nixon. When Gov. Nixon hears about the movie, he is very upset. He knows the movie character is not based on his life, but believes his constituents will be confused or mock him. He sues the movie company for appropriation of his name or likeness for trade purposes. What rule applies? a. When the 'name or likeness' is strictly coincidental, there is no privacy-based tort. b. Even when the 'name or likeness' is coincidental, there is still a privacy-based tort because it could effect his reputation.

A. When the 'name or likeness' is strictly coincidental, there is no privacy-based tort.

Mary was interested in graduate school and set her sights on earning a Ph.D. In a social media post, she wrote, "I know Blunderbus University is super-easy and super-cheap, so because I'm in a hurry and financially broke, that's where I'm applying." Blunderbus admissions screeners received Mary's application and, while performing a routine social media scan of their applicants, came across Mary's post. Her admission was denied and in the letter informing her, a comment was written across the bottom: "Maybe a more challenging program that costs a little more would be best for you." Based on that comment, Mary knew the screeners must have looked at her social media and used her post as the basis for denying her admission. She felt this was a privacy violation. Was it? A.No. Once Mary disclosed this information she can no longer claim it was personal and private. B.No. It was legal for Blunderbus to view Mary's social media but legally they are required to verify it before making a decision. C.Yes. FERPA does not allow admissions screeners to use any information not submitted as part of the official application.

A.No. Once Mary disclosed this information she can no longer claim it was personal and private.

A problem with some rape shield laws is that: A. They are prior restraints. B. They tend to perpetuate the belief that victims are damaged; that the reputation of victims might suffer. C.In some situations, a person has been identified to the public before the report of a sex crime becomes known. D. All of the above.

All of the above

Legal considerations of privacy arises in which of the following contexts? a. Autonomy. B. Space .C. Information D. All of the above.

All of the above

What is the law regarding citizen journalism - bystanders shooting video of fights, arrests, traffic stops and such? A.Anything that can be seen in a public place can be recorded - audio, video, still - but must be provided to law enforcement officers upon request. B.Anything that can be seen in a public place can be recorded - audio, video, still. C.Anything that can be seen in a public place can be recorded - audio, video, still - unless law enforcement personnel arrive and if they say recording must stop. D.Only bonafide and properly credentialed journalists may operate recording equipment legally. (Others do, of course, but it's illegal.)

B. Anything that can be seen in a public place can be recorded - audio, video, still.

Americans think about their privacy in three context a. Personal, Information, Generic b. Autonomy, Space, Information c. Autonomy, Personal, Information

B. Autonomy, Space, Information

Homer owned a restaurant right across the street from Bonnie's Restaurant. From the cash register, he could see a lot of his usual customers going into Bonnie's and he wondered why. Homer's cousin was visiting from out of town, so he sent his cousin into Bonnie's to see what might be going on. When the cousin entered, he was seated by the host and told, "If you can produce a receipt from Homer's Restaurant, your meal will be half-price." The cousin told Homer about this and Homer was very angry. He went over to see Lucille and said, "We've been friendly competitors for a long time, but no more. This means war!" Lucille was distressed to learn her restaurant had been spied on. She wanted her restaurant to sue Homer and his cousin for invasion of privacy. What does the law say? A.Lucille's Restaurant would win a privacy case against the cousin, but not Homer B.Lucille's Restaurant could not win a personal privacy case against Homer or his cousin. C.Lucille's Restaurant could win a privacy case both against Homer and the cousin. D.Lucille's Restaurant would win a privacy case against Homer, but not his cousin.

B. Lucille's Restaurant could not win a personal privacy case against Homer or his cousin.

What makes the tort Public Disclosure of Private Facts so indefinite? A.The challenge of finding the source of the false statement. B.The inherent difficulty in establishing what the public might be interested in knowing. C.The range of people's beliefs about government intervention. D.Establishing whether there was an applicable black-letter law.

B. The inherent difficulty in establishing what the public might be interested in knowing.

In the digital age _______ mined to create online profiles. a. Smart Phones b. Everyone's online activity c. Debit Credit Merchant

B. everyone online activity

Larry, who had been drinking, was driving Frank home when they hit a garbage truck near Local Hospital. Frank was hurt. Larry was not, but he was handcuffed and placed in the back seat of a police car. From there, he watched as Frank was loaded into an ambulance and he could see it go to Local Hospital and turn in the driveway. Quite naturally, Larry was worried about the extent of Frank's injuries so he used his one phone call from jail to call Local Hospital to ask about Frank. He was told by a person at the hospital, "We have no record of a patient by that name." Based on what you know about federal law and medical confidentiality, what has happened? A.Frank's injuries were minor, and he has been released from the hospital. B.Frank has invoked his HIPAA right to complete confidentiality. C.Frank has signed the HIPAA forms so only directory information can be disclosed. D.HIPAA does not allow release of any patient information.

B.Frank has invoked his HIPAA right to complete confidentiality.

Stated in general terms, society currently values personal privacy: A.About the same as always. Attitudes about personal privacy have not changed during America's history. B.Higher than in the past. What usually happens is that a societal interest has to be very strong to overcome personal decisions. C.It depends on the particular person/plaintiff. Some people are more sensitive than others and the law supports individual preferences. D.Lower than in the past. What usually happens is the public's interest comes first even if it differs from personal choices.

B.Higher than in the past. What usually happens is that a societal interest has to be very strong to overcome personal decisions.

When Michelle opened her apartment door, she was surprised to see Melania sitting at the kitchen table looking at the screen of Michelle's laptop computer. Melania quickly closed the laptop, and acted as if nothing happened. Later when she was alone, Michelle opened her laptop and saw the screen displaying her banking information. Melania hadn't done anything to Michelle's finances, but Michelle was very offended because she considered her checking and savings account information very personal. Has a tort been committed? A.No. Melania may have obtained private facts, but there's nothing that indicates she disclosed them. B.Maybe, but only if a reasonable person in the same situation would consider this an invasion of privacy, then Melania has committed intrusion upon Michelle's seclusion. C.Yes. This is clearly intrusion upon seclusion because Michelle considered this private information. D.No. This would have been intrusion upon seclusion - but nothing was published.

B.Maybe, but only if a reasonable person in the same situation would consider this an invasion of privacy, then Melania has committed intrusion upon Michelle's seclusion.

Which of the following is/are a true statement? A.Before the internet, consumers could rely on all commercial information they were provided being truthful and accurate. B.The internet did not create the practice of consumer deception, but has increased its speed and scope. C.It is a federal crime to place any untruthful statement on the internet. D.All of the above.

B.The internet did not create the practice of consumer deception, but has increased its speed and scope.

Every day, Ben boarded the OUT Bus at Faulkner Flats to ride to the Ole Miss campus for classes. One day, he saw a poster advertising OUT. The words printed on it were, "Every day, rain or shine, we're there for you." The photo on the poster showed the back of a man entering the bus during a pouring rain. Ben looked closer and recognized it was him - his umbrella, his shoes, his backpack. He didn't know the photo had been taken and had not been asked to appear in the advertisement. He knows you are in Communications Law class, so he asks you, "Can they do that?" You answer, correctly: A.No. This is appropriation of your name or likeness for trade purposes. It's a tort and you can win money damages based on your embarrassment. B.Yes. If no one but you recognizes that it is you, then it's incidental use - and not an invasion of your privacy. C.Yes. You were in a public place, so any use of your name or likeness is legal, especially because you are not famous. D.No. This is appropriation of your name or likeness for trade purposes. It's a tort and you can win money damages based on your right of publicity.

B.Yes. If no one but you recognizes that it is you, then it's incidental use - and not an invasion of your privacy.

When questions of personal privacy arise, Americans tend to value their right to be left alone greater if the alleged intrusion is: a. By government b. By Businesses c. By foreign individuals

By government

track, purchase online profiles and use them in marketing. Emails are scanned, too. a. Smart Phones b. Everyone's online activity c. Debit/Credit/Merchant

C. Debit/Credit/Merchant

Ed opened a new burger drive-thru. Business was really bad. He borrowed $15,000 and had a jumbo LED screen installed at his entrance. Ed found a picture of Taylor Swift, a super-famous singer, on the internet and digitally added words she appeared to be speaking. The words were, "I EAT AT ED'S WHERE THE BURGERS ARE THE BEST." He thinks it is pretty clever to place the photo and words on the LED screen, but his business doesn't increase. Also, he doesn't have the celebrity's permission. What does the law say? A.It would be a violation of Taylor Swift's right of publicity, but it didn't increase Ed's sales, so it's not. B.There is no problem if the photo was freely available on the internet. C.This is a violation of Taylor Swift's right of publicity. D.The news exception applies.

C.This is a violation of Taylor Swift's right of publicity.

After graduation from the University of Mississippi, Stephen went to work for Jupiter Candy Company in the marketing department. It was May, but Jupiter was already ramping up for Halloween and Christmas sales. Stephen was called into the marketing manager's office. "Welcome," the manager said. "You're not a kid, but you are pretty young. We had disappointing sales during Halloween and Christmas last year, so your first job is to change that by finding out what children really want." Because Stephen was a stellar student in Communications Law, one word came immediately to mind. It was: a. COPPA B. HIPAA C. FERPA

COPPA

The boss stormed into Cheryl's office at Good Candy Co. Cheryl had just received her IMC degree and been hired to replace the marketing director who had been fired. "I'm paying you $90,000 a year, just like I did your predecessor, and you get a BMW convertible to use just like he did," the boss said. "But that idiot caused us to lose a fortune last Halloween because the candy he said his research showed would be a best-seller just sat on the shelves." The boss continued, "Your job is to do research and find out what product will make us No. 1 in the Halloween candy market next year. What do kids like? And by the way, if we're No. 2 in the market, you're fired, too. " As you begin the project, what federal law should come to mind? a. COPPA B. FERPA C. HIPAA

COPPA

What are the three contexts in which considerations of personal privacy arise? A.Intental, accidental and coincidence. B.The First, Second and Fourth Amendments. C.Private person, public official and public person. D.Autonomy, space and information.

D.Autonomy, space and information.

rma decided to go to an Ole Miss baseball game and sit in right field with her fellow students. By tradition, cupfuls of beer flew into the air when an Ole Miss batter hit a home run. As the beer fell, Irma's face was drenched, streaking her makeup so that she looked like a character on the "Walking Dead" TV show. An ESPN camera person panning the student section stopped on Irma's face and zoomed in. As it happened, Irma's very strict parents were watching. Her mother texted her: "We just saw you on TV. We are not paying tuition for you to embarrass our family this way. Pack and come home immediately. You are not an Ole Miss student as of this moment." What's the correct legal analysis of these facts? A.More facts are needed. If Irma was not drinking beer and the ESPN image indicated she was, this is intrusion upon seclusion. B.Irma owns her image just as we all do and has a constitutional right against it being used in any way without her permission. C.More facts are needed. The question says Irma's parents are upset. If Irma is embarrassed, too, then she can sue ESPN for commercial appropriation. D.Irma is out of luck. She had no (legal) reasonable expectation of privacy in a public place and her image was shown as part of a news event.

D.Irma is out of luck. She had no (legal) reasonable expectation of privacy in a public place and her image was shown as part of a news event.

Mary was in line to become president of Citizens National Bank where her best friend, Marco, was a member of the board of directors. While she was waiting to hear whether she got the job she suddenly recalled sharing with Marco a family secret - that her great-grandmother had been married to a Nazi general in Germany during World War II. Mary wondered whether, if Marco mentioned that to the hiring committee and she didn't get the job as a result, she can win a lawsuit against Marco for disclosing what she considers private information. Can she? A.Yes. This is personal information .B.No. Under the Repatriation Act of 1948, disclosure of information about Nazi connections is required. C.Yes, but only if Mary told Marco not to tell anyone. D.No. Mary disclosed this, so she can't claim it to be private. Also, the marriage certificate is likely in a public record and anything in a public record is, well, public.

D.No. Mary disclosed this, so she can't claim it to be private. Also, the marriage certificate is likely in a public record and anything in a public record is, well, public.

Mike was hired to produce a 15-second video advertisement for an Oxford men's clothing store. He was told to emphasize ambiance, not products, so he videoed exteriors of the Square, the front of the store, a group of three well-dressed students walking toward the camera through the Grove between classes and drone footage of campus, generally. The voiceover talked about the good life in Oxford and how people who enjoyed the good life shopped at the men's store. Any legal problem presented by these facts? a. .Yes, the Square is private property so a vote of the city council would be needed. B.No. This is all perfectly legal. C.Yes. Permission is always needed to use drone footage in a commercial context. D.Not really so long as Mike had permission/releases from the three students to appear in the advertisement.

D.Not really so long as Mike had permission/releases from the three students to appear in the advertisement.

The basic golden rule for professional communicators is: A.Speed matters more than accuracy. B.Always be aware of whether a person is famous or not. C.Always have your lawyer's cell number handy. D.Provide truthful information efficiently and narrowed to the most interested/receptive audience.

D.Provide truthful information efficiently and narrowed to the most interested/receptive audience.

Molly, your college roommate, answered the phone. It was her mom, who said, "We are so proud of you. We just received an email from the college congratulating us because you made the Chancellor's List of students with the best grades." Molly didn't mind, but remembered that during orientation she was told her academic information would not be shared with anyone without her permission and her grades were certainly academic information. Molly knows you are in a communications law class, so she asks you whether it was legal for the college to publicize her name for being a top scholar. You tell her, correctly: A.This is covered by a federal law called FERPA. It generally requires that academic information be confidential, but allows it to be provided to family members if records show they are paying tuition. B.You are right. That's what FERPA prohibits. You may sue the college for invasion of privacy. C.You are right. That's what FERPA prohibits. If you report this, you can't receive money for invasion of your privacy, but the college could lose federal funding. D.That's covered by FERPA, and the college may release so-called directory information about you without your permission, unless you expressly forbid it. Honors and club memberships and such are directory information.

D.That's covered by FERPA, and the college may release so-called directory information about you without your permission, unless you expressly forbid it. Honors and club memberships and such are directory information.

Rudy was an obese man who wanted to sell weight-reduction foods using himself as a model of their effectiveness. The bad thing was that after several weeks of eating only the product he had not lost a pound. Determined to sell the product, Rudy went to a surgeon who performed a procedure that caused Rudy to lose weight rapidly. Rudy signed a form in the doctor's office forbidding disclosure to anyone that he had been a patient. Bobby, also obese, saw how much weight Rudy was losing and bought $5,000 worth of the special foods from Rudy but, of course, didn't lose any weight. Bobby was suspicious and knew about the doctor who was performing weight-loss surgery. He phoned the doctor's office and asked whether Rudy had been a patient. What does HIPAA say about this? A.If Bobby discloses a material interest (that he was defrauded by Rudy) then the clinic must disclose that Rudy was a patient and the details of his surgery. B.The clinic may disclose that Rudy was a patient (directory information) but cannot disclose any details of his treatment. C.The clinic must disclose that Rudy was a patient (directory information) but cannot disclose any details of his treatment. D.The clinic may not confirm or deny having Rudy as a patient.

D.The clinic may not confirm or deny having Rudy as a patient.

information about individuals in the marketplace is not valuable to better serve them True False

False it is super valuable

As the director of Local Newscast, Ted's job was to time the program and individual stories down to the millisecond. For that reason, just as the anchor reported, "Now for a story about Dr. Jones at Barksdale Medical Center ... Six of Dr. Jones' patients died..." Ted cut to a commercial. The anchor didn't know he was no longer on air and continued reading the story "...but the good news is that Dr. Jones will receive the Nobel Prize for Medicine based on a series of 100 successful brain transplants, the greatest success in medical history." Too bad, but nobody heard that. When the newscast resumed, the anchor started with a different story. When Dr. Jones sues Local Newscast, the applicable tort will be: A. False light b. there was no tort. Everything the public heard was true. c. Public disclosure of private facts d. Appropriation

False light

Of the four privacy torts, which one is often based on truthful but incomplete information? A.False light. B.Intrusion. C.Appropriation D.Public disclosure of private facts.

False light

While Americans generally don't mind service providers gathering information about them - such as Kroger tracking what type of milk we buy - as a rule Americans become far more resistant if this information is gathered by: a. Health care providers b. Employers c. Government d. Universities

Government

Herbie was up in his attic when he found an old radio that must have been his grandfather's. He plugged it in and started turning dials. To his amazement he started hearing conversations taking place on cell phones. As he listened, he recognized the voice of Hillary Trump, a candidate for president of the United States. He switched on the recorder app of his smartphone and was amazed to hear the candidate say, "Bring as much cocaine to my hotel room as you can tonight. It has been a long day and I really need to zone out." Herbie senses this may be newsworthy, so he brings the recording to you, the manager of the local TV station. You immediately recognize: A. Herbie, has the right to share this information because he was not hired by anyone to hack their phone. B. Herbie, intentionally or not, has violated the Electronic Communications Privacy Act. c. Although the Electronic Communications Privacy Act protects situations similar to this, this is protected because he found the information on a radio dial.

Herbie, intentionally or not, has violated the Electronic Communications Privacy Act.

50 years ago hospitals published lists of who was in the hospital and why. Back then, it was public information when your neighbor had an appendectomy. Today, medical _________ is considered highly personal and is confidential by statute. a. Autonomy b. Information c. Space

Information

What do we consider OK for others to know? This is subjective, varies person to person a. . Autonomy b. Space c. Information

Information

Who has a right to know what about another person? This tenet is at the heart of marketing that is driven by mining and sifting personal data. a. Autonomy b. Space c. Information

Information

Get the most effective message before the most receptive audience at the least possible cost is the golden rule for: a. Marketing b. Invasion of privacy c. Brand creation d. Ethics

Marketing

During Mardi Gras, Katy Perry, a famous singer, was photographed on a New Orleans street drinking a can of Dixie Beer. The photo appeared on a popular website that featured photos of celebrities enjoying the festival. As it happened, Katy had a lot of fans in New Orleans and they all started buying Dixie Beer after the photo appeared. A news story followed, telling about how the mere photo of Perry drinking Dixie had increased Dixie Beer sales 40 percent. Katy's agent saw the story, contacted Dixie and asked them for payment for Katy's "endorsement." You work for Dixie. What do tell the agent? A.Booth rule B.First Amendment. C.How much do you want? D.News exception.

News exception

Alice was excited about a call-back for a second interview regarding her application to become a first-grade teacher. She shared this news on Instagram and added a photo of the elementary school. She captioned it, "This is where I may be making life hard on little creeps next year!" Shortly after she posted this, she got a text from the school board, canceling her second interview and telling her she was no longer under consideration for the position. This illustrates: a. No privacy interest can be placed in information a person voluntarily places in public view. b. This was her personal account and this can be privacy interest. c. Her right to freedom of speech and the violation of that from the school board.

No privacy interest can be placed in information a person voluntarily places in public view.

Billy McCoy decided to run for governor. When he filed his paperwork, an intrepid reporter with Ancestry.com access decided to trace the candidate's family tree. When he did, he happened upon a great-great-grandfather that public records said was hanged in 1875 as a horse thief. The reporter used this information in his profile on the new candidate, who had never been told this about his great-great-grandfather and was very displeased. McCoy wants to sue the reporter for public disclosure of private facts. Will McCoy win? A. No. A fact in a public record never becomes private information, regardless of how old the record may be. B. Yes. A fact in a public record becomes private information depending how old it is.

No. A fact in a public record never becomes private information, regardless of how old the record may be.

Being freshmen and seeking purpose in their lives, Jerry, Jack, Jimmy and Joe went shirtless to an Ole Miss basketball game with their chests painted red and R E B and S overlaid in white. Several times during the game, they were shown on network television cheering wildly when Ole Miss scored. Weeks later, they were in their apartment watching the same network on their TV. They were surprised when during a commercial break, a network promo - inviting people to watch college basketball - included video of all four of them that had been recorded as they cheered during the game. Jerry, Jack, Jimmy and Joe were not unhappy about this, but they started wondering whether the network needed their permission to use their images in a commercial. They know you are super at media law, so you get a text asking whether permission was needed. Correctly, you respond: a. Yes. This fits the elements of commercial appropriation for trade purposes. B. No. Transformative use. c. No. public space d. No. Booth Rule.

No. Booth Rule

In the U.S. Constitution, privacy is: a. Not specifically mentioned b. One of the inalienable rights c. Covered by the Second, Fourth and 10th Amendments. d. Is guaranteed to adults, but not minors.

Not specially mentioned

People desire the freedom to choose their own destinies - where to work, whether to wed, where to travel and such. This context of privacy consideration is known specifically as. A. Privacy of space. b. Privacy of Information c. Privacy of autonomy d. Personal Privacy

Privacy of autonomy

________ or using data about a potential customer's financial status and personal interests a. Selection b. Profiling c. Ranking

Profiling

Mabel, a student, was sitting on the Union steps drinking a Diet Coke and looking at her notes from class. It was a hot day. The next day she was shocked, surprised and even a little embarrassed to see her photo in a Daily Mississippian newspaper advertisement with the caption, "Diet Coke is the No. 1 Choice of Ole Miss Students." She called the newspaper, outraged, and said, "What made you think you could use my photo without my permission?" You have taken JOUR 371 so you say... a. Oops. We should have had your permission. This was appropriation of your name or likeness for trade purposes. We're guilty of that. b. Sorry, we did not need your permission. This was not considered appropriation of your name or likeness for trade purposes. We are not guilty. c. She was in a public area so there is no argument to be made.

Oops. We should have had your permission. This was appropriation of your name or likeness for trade purposes. We're guilty of that.

DuckDuckGo, a non tracking utility from the beginning. They have significantly increase queries because... a. They have improved their branding to reach their target audience. b. People want their privacy c. They have almost perfect reviews and people respect them.

People want their privacy

Professor Plum was a crusty old dude. During a Zoom meeting with his Calculus IV class, he said, "You all really need to prepare better for the final exam than you have been preparing to date." He added, "Especially you, David. You have not only failed every test, you also have the lowest average I've ever recorded for a student in the 50 years I've been teaching Calculus IV." David was also taking Communications Law, so he immediately knew: A. Plum violated FERPA, but David knows he can't receive money damages. B.Plum violated FERPA, and David may win money damages from the university or Plum or both. C.Plum violated FERPA, and David may win money damages from Plum, personally. D.Plum violated FERPA, and David may win money damages from the university that employed Plum, but not from Plum personally.

Plum violated FERPA, but David knows he can't receive money damages.

Individual privacy drives a. Legislation b. Policy c. Individual rights d. Freedom

Policy

The word, "_________," does not appear in the Constitution or Bill of Rights. a. Freedom b. Acceptance c. Privacy d. Choice

Privacy

Tayor Swift, a superstar singer, was sitting on the Union steps drinking a Diet Coke and looking at her Twitter feed. It was a hot day. The next day she was shocked, surprised and even a little embarrassed to see her photo on the front page of The Daily Mississippian newspaper with the caption, "Another Scorcher." The edition turned out to be the most popular in the student paper's history. People all around the world started ordering reprints and paying $50 per copy just to get a picture of Swift while she was at Ole Miss. People who never sipped a Diet Coke were buying it by the case, and a spokesman for Coca-Cola said it was the best sales incentive the company ever experienced. Her agent called the newspaper, outraged, and said, "What made you think you could use my client's photo without my permission?" You have taken JOUR 371 so you say... a. Freedom of expression b. The news exception. c. There is nothing you can say you can not post this image without her consent.

The news exception.

Ed Johnson opened Ed's Donut Shop on Main Street in Tutwiler and a few months later Ed Smith opened a donut shop on Oak Street in Tutwiler. He also named it Ed's Donut Shop. Ed knows you are a college graduate, so he asks you, "What about my right of privacy?" You say: a. You have a personal right of privacy, but no privacy right arises with the name of a business b. You have a personal right of privacy, and the name of your business does as well. Meaning you have a fair argument.

You have a personal right of privacy, but no privacy right arises with the name of a business

People who _________ - place information before the public- have waived any claim to ______ a. Self Disclose; privacy b. Self Identify; Privacy c. Self disclose; An Argument d. Self Identify; An argument

Self disclose; privacy

Wendy is a college student. Her father has a business baking birthday cakes. One day, he sends Wendy to deliver a cake and she is blown away by the decorations the birthday child's mother has prepared. After she places the cake in the center of the table, she turns to the mom and asks, "May I shoot some video of this to use in my father's TV commercial?" The mother says, "Yes, definitely." She takes out her smartphone and turns to the 20 children, saying, "I'm going to take your picture for TV. Is that OK? Y'all smile." The children all say yes and Wendy shoots the video. The next day Wendy goes to media law class and learns.... a. She did nothing wrong because even though they are minors they gave consent which is mandatory when working with children. b. She is in trouble if she uses the video because children cannot give consent.

She is in trouble if she uses the video because children cannot give consent.

In the digital age _________ are tracking devices; Alexa always listening; Facial recognition software is becoming more common. Geofencing is real a. Smart Phones b. Everyone's Online Activity c. Debit/Credit Merchant

Smart Phones

Mabel, a student, was sitting on the Union steps drinking a Diet Coke and looking at her notes from class. It was a hot day. The next day she was shocked, surprised and even a little embarrassed to see her photo on the front page of The Daily Mississippian newspaper with the caption, "Another Scorcher." She called the newspaper, outraged, and said, "What made you think you could use my photo without my permission?" You have taken JOUR 371 so you say... a. Sorry. We didn't mean to offend you. But you were in a public place and the news exception applies. b. Oops. We did not have the right to use this without your permission. We apologize and take responsibility.

Sorry. We didn't mean to offend you. But you were in a public place and the news exception applies. This is different from other examples they are not promoting a product.

We can assume a 'reasonable expectation of privacy' a. . Autonomy b. Space c. Information

Space

Tri-Alpha Sorority wanted to have a fund-raiser for an orphanage. To boost ticket sales, they created a poster advertising a spaghetti supper for $10 per ticket and added the words, "Free Autographed Photo with Movie Star Brad Pitt with every ticket." As it happened, everybody on campus knew the Tri-Alphas were liars as well as bad cooks, so they actually sold fewer tickets than the year before. Brad Pitt's agent, however happened to be in town and didn't think it was very funny. What do you think? a. This is not a violation of Mr. Pitt's. right of publicity. b. This is a violation of Mr. Pitt's right of publicity. c. Pitt should sue for false light.

This is a violation of Mr. Pitt's right of publicity.

Everybody told Jimmy he had an honest face. One day, when driving to his job at the donut shop, he was surprised to see his face smiling from a billboard for a bank. The display did not include his name, just the photo. The wording on the billboard said, "Finance your next car with us. We are people you can trust!" Your reaction? a. This is considered an intrusion case because all of the elements are there. b. This is not considered classic appropriation case. Some of the elements are missing. c. This is the classic appropriation case. All the elements are there.

This is the classic appropriation case. All the elements are there.

Myrtle's Donuts believed in aggressive advertising. Myrtle directed her marketing manager to create a two-columned ad. On the left side was the logo of Myrtle's Donuts above the words "A quality product made from the purest ingredients. Never recalled." On the right side was the logo of a competitor's donuts. Below it was a column of dates with the word "recalled" beside them. In fact, the competitor had recalled its donuts on each of those dates, but voluntarily because they would have been stale if sold after those dates. There was never a question of purity or any safety-related recall of the competitor's product. Your analysis? a. This seems to fit the elements of false light publicity. b. This does not fit the elements of false light publicity because they did recall their donuts. c. This seems to fit the elements of bright light publicity d. This does not fit the elements of bright light publicity because they did recall their donuts.

This seems to fit the elements of false light publicity.

Lurline was an intrepid reporter. She heard the governor was in the hospital for cosmetic surgery, so she dressed as a hospital employee, went into her room and took several pictures of the governor's bandaged face. As she was preparing to leave, the governor opened her eyes and said, "Lurline! What are you doing here?" Lurline admits she was trying to sneakily take some photos, but that if the governor objected, she wouldn't publish them. You are the lawyer for the governor, what do you tell her? a. This was not intrusion upon seclusion. It does not matter whether the photos were published, you can not sue her for damages. b. This was intrusion upon seclusion. It doesn't matter whether the photos were published. You can sue her for damages and win.

This was intrusion upon seclusion. It doesn't matter whether the photos were published. You can sue her for damages and win.

______ Left google in 2015 after working as in-house ethicist. He Would point out what things mean in ethical terms - Founded Center for Humane Technology - Focused on addiction, how we are programmed to stay on a platform to receive marketing messages a. Johnny Long b. Tristan Harris c. Theo Bing d. Jeffery Bowling

Tristan Harris

Data profiles add tremendous convenience, financial advantages we like True False

True

The prime directive for any marketing professional is to Place the most effective message in front of the greatest number of the likely customers at the least possible expense. True False

True

The same online profiles created to serve a healthy clientprovider relationship can be abused to trick, deceive, manipulate. True False

True

Emma is the marketing coordinator for Action Plastics, which makes figurines of comic book personalities. She is very proud of her degree from Brand X university and comes to you, a new hire in the marketing department. "We need to know who's hot so we can set up our assembly line for next Christmas," she tells you. "Set up something on the Internet to find out from children who they like best." Your degree is from the University of Mississippi, so you say: a. This is okay because this is not harming children or invading their privacy. You are legally allowed to obtain data from children for appropriate studies. b. We'll have to be creative because the Children's Online Privacy Protection Act prohibits harvesting marketing data from anyone younger than 13.

We'll have to be creative because the Children's Online Privacy Protection Act prohibits harvesting marketing data from anyone younger than 13.

The specialty of Ellen's Bakery was fantastic cakes for children's birthday parties. One day, she delivered one she thought was her best ever - and the children were thrilled. She asked them to gather around the cake and smile big for a photo and told them she was going to post it on the bakery's website and use it in the bakery's ads on social media. Is there a legal issue here? A.Yes. Assuming the children were all minors they lack the legal capacity to give permission to use their images to promote products or services. B.No. She clearly said how she was going to use the photo and so there's implied consent to appear in the advertisement. C.It would be a commercial appropriation if the children's names were used, but without the names there is no legal issue. D.No. This would be commercial appropriation if Ellen used the image in a printed brochure or paid advertisement, but she used the image on her own website and social media accounts.

a. .Yes. Assuming the children were all minors they lack the legal capacity to give permission to use their images to promote products or services.

ob was a teller at a bank that often handled large cash deposits. One day, his sister called him at work. She had seen a movie about how drug dealers "launder" money through Swiss banks. She knew he worked in banking, so she wanted to know if the movie was fact or fiction. Bob said he didn't know much about international bank regulations. After the call ended, Bob typed in an internet search, "Are Swiss banks really the best place to deposit illegally obtained money?" As it happened, Bob was also up for a promotion. During a review of his activity in the bank's computer system, his search question was discovered. Instead of being promoted, Bob was fired as a "risky" employee. What does this illustrate? a. People's digital activity can sometimes lead to mistaken adverse impacts. B.It would have been an invasion of Bob's personal privacy, but he didn't own the computer ... so the bank was legally entitled to search and monitor his activity. C.An invasion of Bob's personal privacy. D.Intrusion upon seclusion.

a. People's digital activity can sometimes lead to mistaken adverse impacts.

Apple and Microsoft sell their operating systems. Google gives away Chrome OS and Android. But setting them up requires Google account, complete with a Gmail address the company can monitor to sell targeted advertising. This is an example of a. Group approaches b. Myriad Approaches c. Business approaches d. Bing Approaches

b. Myriad Approaches

Earl ran track for his high school. At one meet, he broke the state record for the 100M hurdles. Sadly, he collapsed at the finish line and was taken by ambulance to the nearest hospital to be treated for dehydration. Jack, a photographer for Local News, went to his hospital room and took a photo of Earl while Earl was asleep. The sound of the camera wakened Earl who said, "Who are you and what are you doing here?" Based on these facts, what does the law say? A.This is classic intrusion upon seclusion. B.This would be the tort known as intrusion upon seclusion, but Earl made news by breaking the record so loses all claims to personal privacy. C.This is a clear commercial appropriation because Jack's purpose was to sell newspapers. D.This would be the tort known as intrusion upon seclusion, but nothing has been published so Earl has no claim of privacy.

a. This is classic intrusion upon seclusion

Sarah, whose mom was national president of Mothers Against Underage Drinking, was a neatnik. She was a 19-year-old sophomore accounting major at Ole Miss who always dressed well and never went anywhere without perfectly applied makeup. Sarah didn't tell many people, but she planned to be a professional model after graduation. One day she went with friends to sit in right field at an Ole Miss baseball game where the tradition was to drink plenty of beer and keep a cupful to throw in the air if an Ole Miss batter hit a home run. Just as she settled in, there was a crack of the bat and the Ole Miss batter sent the ball over the fence. Beer flew and all the students, including Sarah, were soaked in the ensuing shower. Because it was a televised game, the host was explaining, on air, the Ole Miss tradition. As he did, a camera zoomed in on Sarah's face for about 15 seconds. Her hair was soaked and makeup was all over her face. She looked like someone in a horror movie. Of course, her mother was watching - and was furious as well as embarrassed. She immediately texted Sarah who was also shocked and embarrassed.Sarah knew that video would either ruin her chance to become a model or come back to haunt her if she did. Sarah knows you took media law so she asks, "Can they legally do this kind of thing?" a. Yes. You were in public space, and consent to be photographed goes with that. b. Yes, but you will win damages if they use that footage of you in a commercial. c. No. This is false light because you really look better when your face has not been soaked in beer. d. No, No one asked for your permission.

a. Yes. You were in public space, and consent to be photographed goes with that.

A more prevalent view is that privacy has been condensed from a variety of enumerated rights. Generally, a. a right to be left alone. b. a right to keep information hidden c. a right to secrecy

a. a right to be left alone

For Tiffany Jewelers to advertise a $250,000 diamond necklace to people with no means to even think about buying one was a waste of the company's resources. But if the magazine could offer a rate for the ad to appear in a limited number of copies being sent to the very wealthy, Tiffany was more likely to a. purchase the ad and more likely to get responses b. Not purchase the ad because they still may not reach target audience. Being wealthy does not guarantee they need this diamond necklace. c. Purchase the ad, and get around the same amount of responses.

a. purchase the ad and more likely to get responses

The Federal Trade Commission is an administrative agency that, among many things, polices what enterprises do with private personal information they gather in the course of conducting their operations. As part of this role, the FTC offers "best practice" suggestions including: a. Disclose to consumers what is being gathered. b. Do not keep what you dont need. C. Keep the data secure. D. All of the above

all of the above

Which is not a risk of Data a. Being scammed b. Digital profile will show your vulnerability c. Societal Risks d. All of these are risks

all of these are risks

As noted, when "invasion of privacy" is raised, it matters greatly whether the invasion is (1) __________ or (2) by ____________. a. Personal, Private entity b. Government, Private Entity c. Government, Professional entity

b. Government. Private

Ed was in charge of selling subscriptions to Country Girl magazine. At the end of the year, he went back through the sales figures for each edition and discovered that one with a closeup of singer Faith Hill sold the most. Using his computer, he miniaturized that cover to use in an advertisement seeking new subscribers. This is called a. Incidental use and is an encroachment on Hill's right of publicity. b. Incidental use and is NOT an encroachment on Hill's right of publicity. c. Intentional use and is an encroachment on Hill's right of publicity. d. Intentional use and is NOT an encroachment on Hill's right of publicity .

b. Incidental use and is NOT an encroachment on Hill's right of publicity.

The Society of Professional Journalists has published best practices when it comes to media practitioners obtaining information by stealth. Among the tenets is/are: A.Exhaust all other alternatives. B.All of the above. C.Talk over the situation with colleagues to develop consensus. D.Make sure the purpose is to find truth, not merely obtain revenge or something like that.

b. all of the above

Jane, who lived in a small town, posted on social media that her son, Chip, had made up his mind and had accepted admission to Duke University. On Sunday, her pastor announced this from the pulpit, congratulating Jane and Chip. Jane was horrified. A friend in the same church, who had been pushing Chip to wait until he heard from the friend's alma mater, Princeton, looked at her angrily across the pews. Jane decides to sue the pastor for disclosing what she considered private information. What's the pastor's defense? A.He has no defense. This was none of the church's business. B.FERPA. C.Consent. D.Error magna corpis.

c. Consent

The Electronic Communications Privacy Act makes intercepting or recording cell phone conversations or texts illegal. The rationale for this is: a. Verbal communication has less legal protection than written communication b. Cell phones can track locations and individuals have a privacy right not to reveal their location unless served a warrant. c. Due to the history of telephones, people have a reasonable expectation that conversations are private and two-way or, if not, they know who is participating as in group texts or zoom calls. d. All of the above

c. Due to the history of telephones, people have a reasonable expectation that conversations are private and two-way or, if not, they know who is participating as in group texts or zoom calls.

Bob, a photojournalist for Local News, was edging across a street toward a downtown building on fire to get a better angle. Firefighters were busily pulling hoses, connecting to hydrants. Bob was jumping over the hoses. A police officer shouted at Bob, "Get out of the way!" When Bob didn't move, the officer arrested Bob, handcuffed him and placed him in a patrol car. What does the law say about this? A.In emergency situations as this appears to be, enforcement of the First Amendment is suspended. B.It appears Bob was in a public place exercising his First Amendment rights. Government agents (police) may not interfere with freedom of the press. The officer was in the wrong. C.Everyone is required to obey lawful orders from first responders. Bob was in the wrong. D.It depends on whether there were other people taking photos. If there were, it was not appropriate to single out Bob and keep him from doing his job.

c. Everyone is required to obey lawful orders from first responders. Bob was in the wrong.

Trying to decide whether and how to identify victims in sex-related cases is problematic for professional media. Today, most ethical practitioners... A.Publish the names of all adult victims and keep confidential the names of minors. B.Adhere to state prior restrain laws. C.Try to comply with the wishes of the victim(s). D.Never publish victims' names, period.

c. Try to comply with the wishes of the victim

While perhaps not strictly illegal, which of the following is/are unethical? A.Using online profiles in marketing. B.Using the internet to promote charitable donations. C.Using social media in pure social science research. D.All of the above.

c. Using social media in pure social science research

Penelope, a sophomore accounting major, was standing where she usually stood at the transportation hub near the Ole Miss Observatory waiting for the OUT bus to take her back to her apartment. As the bus approached, she noticed a four-food image of herself standing at the bus stop had newly been imprinted on the side of the bus along with the message, "RIDE OUT. IT'S FREE AND EASY." Someone must have taken her photo without her knowledge and given it to the bus company to use in its advertising. Is there a legal issue here? What is it? A.It depends. If Penelope didn't see anyone taking her photo it's Intrusion. If she saw someone with a camera, then she has no claim of being wronged. B.No. She was standing in a public place when the photo was taken, so she can't complain about someone using it in advertising . C.Yes. This fits the elements of commercial appropriation. D.No. She's not a famous person. Only celebrities can claim payment for endorsements.

c. Yes. This fits the elements of commercial appropriation

algorithms know what we like and don't like. Marketing goals of these companies is to keep you online. This is.. a. Absolute defense b. Privacy c. It Matters To Us

c. it matters to us

Jerry likes his free gmail account, but is tired of all the ads that appear, seemingly targeted to him personally. He does a bit of research and learns that Google is scanning his messages for key words and using those key words to sell advertising that does, in fact, target him as a likely prospect. He decides to sue Google for invasion of his privacy. Google's best defense is: a. Consent b. They do not have one. c. Invasion d. Private Business

consent

Every app requires 'agree to terms' a. Express Consent b. Implied Consent

express consent

Profiling is holistic, not just searches/sites a. Express Consent b. Implied Consent

express consent

Public attitudes drive _____ a. Economy b. Government c. Legislation

legislation

Which is not Personal privacy context a. Autonomy b. Space c. Information d. Publication

publication

This is physical; it references choosing to be alone, not in a public space. We will talk about the legal standard "reasonable expectation of privacy." a. Autonomy B. Space C. Information

space