BLAW Chapter 8

The use of cookies by online retailers is illegal.

False

Which of the following is likely not a reasonable expectation of privacy for Internet users to have?

That Facebook will keep an employee's boss from viewing the pictures they post on the site.

Why are many lawsuits involving online defamation brought against John Doe and Jane Doe?

These are names typically used when the true identity of a party is not known.

What was the purpose of the Electronic Communications Privacy Act, or ECPA?

To amend federal wiretapping law to cover electronic forms of communication

The right to privacy is guaranteed by the United States' Bill of Rights.

True

Daniel wants his website to comply with the proposed Consumer Privacy Bill of Rights. Daniel will have to implement all of the following consumer protections except:

access to Daniel's private server by consumers to view his data management practices.

In order to maintain a suit for the invasion of privacy, a person must:

have a reasonable expectation of privacy in the particular situation.

Ben has consulted with an attorney regarding his employer having reviewed his personal communications at work. Ben would have a viable claim for a violation of the Electronic Communications Privacy Act for which of the following actions?

Accessing Ben's private Facebook page by guessing his password

Which of the following is not subject to copyright when posted on the Internet?

All of these are generally subject to copyright.

Which of the following represents a violation of the Electronic Communications Privacy Act (ECPA)?

An employer intercepts and reads the personal emails an employee sent from the employee's personal cell phone during work hours.

WeShare Corp. is a peer-to-peer network that connects students to others on their college campus. WeShare attracts users by promoting how the software allows students to collaborate on coursework, as well as how it enables them to share their music libraries with one another. Specifically, the software allows a user to see what MP3 files are on their connections' computers and download these files for their own use. Who is liable for copyright infringement in this case?

Both the students sharing files and WeShare Corp

Jared recently returned from vacation to find his home burglarized. One of the items stolen was a one-of-a-kind painting he had purchased at a gallery. After reporting the break-in to police, Jared went on Facebook. He saw that one of his friends had commented on a photo of a painting that looked just like the one that had been stolen. Jared does not know the person who posted the photo. What should Jared do?

Call the police. The police are allowed to use social media to determine the identity of a suspect and/or locate that person.

What government body is responsible for investigating consumer complaints of privacy violations?

Federal Trade Commission (FTC)

In a number of cases, software providers that offer products that enable file sharing have been held liable for copyright infringement, even though the companies themselves did not store or distribute any copyrighted content. This is an example of what kind of copyright infringement?

Contributory and/or vicarious

Gabe and his two partners operate a website called CatWorld.com. Together, they write articles about the latest trends in cat ownership, which they post on the site. Which of the following is least likely to be a case of copyright infringement?

Gabe sends the draft of an interview he did with his neighbor's cat Bonkers to one of his partners. His partner edits the text, then uploads it as a feature on CatWorld.com.

What act did Congress pass in 1998 to provide additional protection to copyright holders?

Digital Millennium Copyright Act (DMCA)

Any time an Internet user is required to use a password in order to access a website, they have a reasonable expectation of privacy on that website.

False

Because it was enacted and modified before social media networks existed, the Electronic Communications Privacy Act (ECPA) cannot be applied to communications made via social media.

False

Because the Internet is vast, the unauthorized use of another's mark in a domain name is generally permissible.

False

Federal courts have made it clear that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

False

Google's popular "Sheets" tool allows users to create spreadsheets. These spreadsheets can be shared among different users. The users are provided a link that allows them to access the document from Google's servers. They can then either edit the document collaboratively in real time or review it separately when it is convenient for each individual. Google Sheets is an example of peer-to-peer networking (P2P).

False

In administrative law cases, social media posts are automatically considered free speech. As a result, a judge cannot use them in rendering a decision

False

In general, a copyright is only infringed if an Internet user distributes another's copyrighted material without authorization, for example by posting it to his or her Website.

False

It is illegal for an Internet service provider (ISP) to keep private the identity of its customers.

False

Like newspapers and television stations, Internet service providers (ISPs) publish or distribute content. Thus, like newspapers and television stations, (ISPs) are typically liable for defamatory statements made on their sites.

False

The "right to be forgotten" has been written into law at the federal level in the United States.

False

The Federal CAN-SPAM Act prohibits the sending of unsolicited commercial e-mail.

False

The invention of internal social media networks, or intranets, means that companies no longer need to worry about protecting trade secrets.

False

There are no statutes regulating the use of spam.

False

With more and more information being transmitted over the Internet, copyright infringement is becoming less and less of an issue because the relevant laws are less stringent for digitally produced content.

False

The nonprofit organization that oversees the distribution of domain names and operates an online arbitration system is:

ICANN.

Cut-Ups is a barbershop where the barbers tell jokes as they cut customers' hair. Recently, someone has been posting anonymous online reviews claiming that Cut-Ups gives terrible haircuts and that the barbers' jokes are not funny. Cut-Ups might be able to file a lawsuit for defamation if which of the following is true?

It can prove the person posting the comments has never been a customer at the shop.

What is one reason why the Internet has made prosecuting an individual for defamation more difficult?

It is often difficult to identify an individual making defamatory statements online.

The development of this file compression and decompression system is largely credited with the emergence of widespread music sharing on the Internet.

MP3

Oscar Lorosa recently opened a local restaurant named "Oscar's Dishes". He registered the domain name oscarsdishes.com for his website. Two weeks later he was sued by the company "The Oscar Dish" for trademark infringement. The company is asking for $90,000 in damages. The Oscar Dish hosts a website that discusses rumors about each year's Academy Awards, which are also known as the Oscars. Which of the following defenses is most likely to succeed in court?

Mr. Lorosa did not have a "bad faith intent" to profit from The Oscar Dish's trademark. He agrees to stop using the domain name immediately.

Ronald owns a hamburger shop. One of his major competitors is Wendell's Burger Bar. In order to size up his competition, Ronald goes to Wendell's and orders a jumbo burger. He thinks it tastes gross. He goes home and writes an online review saying how terrible the burger was. Is this post defamatory?

No, because the comment was an opinion, not a statement of fact.

When Jorge started a new job at Acme, Inc. he signed a document stating that he would not post any negative comments about his co-workers on social media sites. A few months later, Jorge wrote on Facebook that an employee who reported to him was "lazy" and "knew nothing about Acme's industry." Jorge was fired after his supervisor discovered the post. Is it likely that Acme, Inc.'s actions violated the law?

No. As long as a company has clearly stated its policy on employees' use of social media, courts have generally found that it is within the company's rights to enforce that policy.

The company "The Oscar Dish" hosts a website that discusses various rumors, events, and other topics related to each year's Academy Awards, which are also known as The Oscars. The company works hard to generate traffic to its site because it makes money by charging other companies to advertise on its pages. To increase traffic, The Oscar Dish uses a variety of meta tags. Which of the following tags is likely to represent trademark infringement if used by the company?

None of these met tags are likely to be trademark infringement

Rachel is CEO of Burger Queen, a publicly traded chain of fast food outlets. Over the weekend, she successfully lands famous basketball star LeDon Jameson as a spokesperson for the chain. Rachel posts the big news on her Twitter and Facebook accounts before the company issues a press release. Is Rachel likely to have an issue with the SEC as a result of her actions?

Only if investors had not been told that Rachel would be communicating company information via these accounts.

Deana was planning a big wedding in June. In May, she slipped on a wet floor while doing laundry at Suds n' Soap Laundromat. She sued Suds n' Soap, claiming that her injuries forced her to postpone her wedding and cancel her honeymoon to Mexico. Initially, it looked like Deana would win the case and the jury would probably award her $90,000. Then, it was revealed to the jury that on June 3, Deana had posted photos of herself relaxing on the beach in Mexico. One photo was captioned: "Well, we may not be getting married for another month - but, we'll enjoy our pre-wedding honeymoon on Suds n' Soap's dime!" What impact, if any, might Deana's posts have on the outcome of her case?

Since the post provides evidence that Deana did not have to cancel her trip, the jury could reduce the amount of damages she was awarded.

The advent of social media has impacted what aspect of the legal process?

Social media has impacted all of these aspects of the legal process.

If passed, the proposed Consumer Privacy Bill of Rights would make which of the following illegal?

Storing consumers' personal information on unsecured company servers.

Which of the following is likely to warrant an exception to the Communications Decency Act (CDA) and make an Internet service provider (ISP) liable for defamatory content by third parties?

The ISP has prompted users to make such comments.

Frankie's employer believes that she might be selling sensitive market share information to competitors. The company believes she might be conveying the information via her personal cell phone and asks her service provider to turn over records of her calls. What act might the cell phone company cite if it does not wish to turn over the records?

The Stored Communications Act (SCA)

Which of the following is a benefit of winning a defamation lawsuit against an unknown party, or "John Doe?"

The win may allow the plaintiff to use the authority of the courts to obtain from Internet service providers (ISPs) the identity of the persons responsible for the defamation.

Which of the following is a reason an online retailer might want to use cookies?

To offer consumers coupons customized to their interests.

Lucille owns a cookie shop in Boston called "Cookie Time" that her father started in 1946. The shop makes small batches of delicious, high quality cookies. In 2009, Burt Crank started a cookie delivery business called "It's Cookie Time!" The company's cookies are of fairly low quality, but the delivery service is convenient for customers. Burt created a website under the domain name itscookietime.com that people use to place their orders. What claim might Lucille's company have against Burt's?

Trademark dilution

KnittedTogether.com is a social media site that connects people who love to knit. When a new user joins, they are presented the opportunity to download a thirty page document outlining the site's privacy policy. To access the document, the user needs to download special software that requires detailed knowledge of a rare programming language to install. The document itself is written in small print, using formal legal language. Which element of the proposed Consumer Privacy Bill of Rights might require KnittedTogether to change this set up?

Transparency

An Internet service provider (ISP) is not normally liable for its users' defamatory remarks.

True

CrazyCoupon Corp. maintains an online database of customers to whom it emails coupons. Georgia is an employee of CrazyCoupon. She downloads part of the database and sends it to her friend Alan, who wants to use the contacts to solicit customers for his auto dealership. By downloading information from a database, Georgia may have committed copyright infringement.

True

Jeff tells Suzanne that their boss, Delia, is having an affair with her secretary. Suzanne hates Delia and posts the juicy gossip on her blog. Delia's boss reads the blog and fires her. Delia sues for defamation, as she wasn't really having an affair. Suzanne is likely liable, even though she originally got the information from Jeff.

True

UTrickUm.com is a website that sells products to magicians. When a customer makes a purchase, the company collects various bits of personal information that it uses in a number of ways. Which of the following will the company likely have to stop doing if the proposed Consumer Privacy Bill of Rights becomes law?

UTrickUm sells customer names and addresses to MatchMagic.com, a personals site for single magicians. Customers are not told their information is sold to MatchMagic.

Derek is a lawyer that competes for business with Veronica, who has an office on the other side of town. Derek posts on his Twitter feed that Veronica embezzled $25,000 from a former client. In order for Derek's comments to be considered defamation, which of the following must be true?

Veronica must not have actually embezzled the money.

Harry recently interviewed for a sales clerk position at Betty's Bargains, a discount retailer in Grand Rapids, Michigan. He thought the interview went great, but later learned from Betty that he did not get the position. He believes this is because his Facebook page is full of pictures of him smoking marijuana with his friends. He knows that in Michigan, it is illegal to take actions against job applicants based on their social media postings. He tells Betty that he will take her to court if she doesn't give him the job. Betty is not worried. Which of the following is a plausible basis for her confidence?

While Betty did look at Harry's page, she did so with her Internet browser set to "Private Browsing."

Debra recently bought a DVD copy of a popular new movie. Several of her friends were interested in the movie, so Debra offered to use her computer to burn copies for them. Is Debra violating copyright law if she makes the copies?

Yes.

An Internet service provider must disclose personal information about its customer when:

a court orders the company to provide the information.

Unobtainium Venture Capital, a new venture capital start-up, wants to create a place for employees to communicate and share files, but wants to minimize its potential risk to competitors by protecting trade secrets that the shared data may contain. UVC should utilize:

an internal social network.

Salesforce.com is an online customer relationship management (CRM) platform. Companies use CRMs to help their salespeople manage customer accounts. With Salesforce.com, employees can log in to the platform from any computer and access their customers' information. Salesforce.com is an example of:

cloud computing.

Invisible files that computers, smartphones, and other mobile devices create to track a user's Web browsing activities are called:

cookies.

The term for a tort that arises from online conduct is:

cyber tort.

The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner is called:

cybersquatting.

Kodak learns that www.kodak.com has already been registered by someone else as a domain name. The company owns the trademark to the 'Kodak' name. Kodak can pursue all of the following under the Anticybersquatting Consumer Protection Act except:

enjoin the owner of the infringing Web site from purchasing other domain names.

The goal of the proposed Consumer Privacy Bill of Rights is to:

ensure that personal information is safe online.

"gTLD" stands for:

generic top level domain.

Criminal penalties for copyright violations can be imposed:

if unauthorized copies were exchanged, regardless if the exchange was made for profit.

One of the legal difficulties posed by defamatory remarks made online is that:

it is difficult to learn the identity of the person who made the defamatory remarks.

ChristianHire.com is a website for employers looking for employees that belong to Christian religions. In order to apply for jobs, applicants must list their religious affiliation and how often they attend church services. Hiring based on religious affiliation violates the Equal Employment Opportunity Act. An atheist job applicant sues ChristianHire.com. ChristianHire is most likely:

liable in this case, despite being an Internet service provider.

Frank wants to use a trademark owned by Anna. Frank knows that Anna will not sell Frank her trademark outright. Instead, Frank can pursue permission to use the trademark through a:

license.

The widespread use of the Internet has made the protection of trade secrets:

more difficult, because an employee can easily transfer to competitors or others his or her employer's trade secrets via e-mail or a disk.

Christina downloads her favorite music through a network that does not use a central Web server but rather numerous personal computers connected to the internet. Christina is using a:

peer-to-peer network.

The term cybersquatting means:

registering someone else's mark as a domain name and then offering to forfeit the name for a price.

Sally registers the domain name thedallascowboys.com before the NLF football team is able to do so, with the title of her web site called The Dallas Cowboys, a nightclub in Austin, Texas. Sally's use of the domain name and the name of her bar is:

trademark dilution.

Delite Toys, Inc., makes EZ Goo, a famous children's toy. Without Delite's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Website. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed:

trademark infringement.

Victor uses the trademarked name "Wal-Mart" as a meta tag for his business's Website in order to increase the likelihood that his site will be included in search engine results. Victor's actions constitute:

trademark infringement.