Cyber Law Final

Demand, Phase 3

A more savvy, engaged, and alarmed digital consumer emerges, giving rise to related movements to create and enforce consumer rights. Also what phase is this

Trademark Slogan

Nikes "Just do it" is an example of

Statements 1 and 3

Question:Which of the following statements accurately describes the CLOUD Act? I. CLOUD Act agreements concern requests for electronic data stored or processed by communications service providers, including data stored remotely. II. CLOUD Act agreements will eliminate and fully replace the Mutual Legal Assistance Treaty process for obtaining electronic evidence in other jurisdictions. III. The CLOUD Act permits foreign partners that have robust protections for privacy and civil liberties to enter into executive agreements with the U.S. to use their own legal authorities to access electronic evidence in order to fight serious crime and terrorism. IV. The CLOUD Act clarifies that U.S. law requires U.S.-based communication service providers must disclose data that is responsive to valid U.S. legal process, even if that data is stored outside the U.S. V. Under the CLOUD Act, a U.S.-based provider receiving a foreign order to disclose information may no longer challenge the order under the foreign country's law; instead, it must comply with that foreign order.

Race to the bottom problem

Refers to possibility that internet firms, faced with a multitude of conflicting laws, might begin to comply with the most restrictive laws in order to avert legal risk.

True

Registrants can be forced to surrender domain name if it infringes others trademark rights. T/F

True

Registration of domain name with DN registrar doe not create any trademark rights or establish conclusive proof of mark's use in commerce. T/F

Data localization laws

Require companies to store data locally, within the state/nation, either as an attempt to safeguard user privacy or, in some cases, to enable government surveillance

D

Review the sections of Yik Yak's Terms of Service that concern dispute-resolution procedures to answer this question: All of the following statements about Yik Yak dispute-resolution procedures are correct, except: All disputes between users and Yik Yak must be resolved by binding arbitration, unless suing in small claims court or unless the user opts out of arbitration procedures within 30 days of downloading the app. Yik Yak users waive their right to initiate class-action arbitration or litigation against the company. Yik Yak users must offer Yik Yak the opportunity to informally resolve any claim against the company before pursuing litigation or arbitration. Yik Yak users may opt out of the Agreement's arbitration procedures at any time.

CFAA Section 1030a2, a4, a5b/c prohibits intentional access of a computer without authorization or exceeding authorized access and obtaining information

Rick Robbery steals Violet Victims purse. In it, he finds her HTB online banking password scribbled down on a piece of paper. Using this info, he logs in as Violet and makes an electronic transfer of $10,000 to his own HTB account. Which subsections of the CFAA, if any, has Rick violated?

trademark infringement based on initial interest confusion. "Initial interest confusion is customer confusion that creates initial interest in a competitor's product. Although dispelled before an actual sale occurs, initial interest confusion impermissibly capitalizes on the goodwill associated with a mark and is therefore actionable trademark infringement." MTM v. Amazon. Here, to survive summary judgment on an initial interest confusion claim, Align Active Wear must raise a question of material fact as to whether consumers searching for "aliign yoga pants" are confused by the search results and lured to Lululemon's products.

Aliign Activation Wear, LLC--which federally registered the "ALIIGN" trademark for active wear in 2017--sells ALIIGN-branded yoga mats, accessories, and apparel. Lululemon Athletica Inc. began selling the Align yoga mat in 2008 and extended the "Align" brand from yoga mats to yoga apparel in 2015. When consumers search for "aliign yoga pants," Google instead recommends results for "align yoga pants." Google also informs users—at the top of the recommended search results—that it is "[s]howing results for align yoga pants," and that the user can "[s]earch instead for aliign yoga pants." Id. The option to "[s]earch instead for aliign yoga pants" is hyperlinked, so the user can click the link to search for "aliign yoga pants." When Google chooses to show results for "align yoga pants" instead of "aliign yoga pants", nearly all of the results and advertisements are for lululemon apparel. When users click "[s]earch instead for aliign yoga pants," Google first displays sponsored results for Lululemon, but the first result that is not an advertisement is for Aliign Activation Wear's website. Aliign Activation Wear is most likely to bring a claim for ___________________ against Lululemon Athletica Inc. and Google. trademark dilution based on tarnishment violations of the Anti-Cybersquatting Consumer Protection Act (ACPA) trademark dilution based on blurring trademark infringement based on initial interest confusion

Uniform Domain-Name Dispute-Resolution Policy

Alternative dispute-resolution proceeding used to resolve cases of abusive domain name registration.

All of the above

As discussed in Digital Borders, geolocation services affect internet-based businesses by: speeding delivery of electronic data. making it easier to identify the location of cybercriminals, especially those engaged in forms of credit-card fraud. facilitating geo-zoning of entertainment content by companies like Netflix or Spotify. ensuring compliance with laws in different jurisdictions. enabling display of hyper-localized advertisements. all of the above

Trademark Symbol

Mcdonalds double arches logo, Microsofts flying windows logo is an example of

JDX, Conflicts of law, extraterritorial recognition

Disputes over which state's or nation's courts have the authority to hear a case raises questions related to [ Select ] ["conflicts of law", "extraterritorial recognition", "jurisdiction"] . Disputes over which state's or nation's laws should govern the outcome of a case requires courts to resolve questions of [ Select ] ["conflicts of law", "jurisdiction", "extraterritorial recognition"] . Disputes over whether one country must give effect to or enforce a ruling issued by a foreign court raise questions of [ Select ] ["extraterritorial recognition", "jurisdiction", "conflicts of law"] .

Comity, Grimmelmann, Equustek 2

Court can voluntarily decline to apply its own law if doing so would interfere with smooth operations of foreign forum's law. What case did this apply to? Courts can also decline to assist in enforcing foreign judgements. What case did this apply to?

Imposing obligations on companies to store data locally, either as an attempt to safeguard user privacy or to ease barriers to government surveillance.

In Digital Borders, Jack Goldsmith and Tim Wu discuss several ways "nations can exercise control over the internet experience within their borders." Which of the following is not a means of control discussed in the article? Requiring local internet intermediaries, like Google, to comply with take-down requests to remove specific pages from search results. Compelling local Internet Service Providers (ISPs) to screen out unwanted content from abroad, either upon notice or through rigid control of internet infrastructure within the country. Imposing obligations on companies to store data locally, either as an attempt to safeguard user privacy or to ease barriers to government surveillance. Pressuring local financial services--like credit-card or electronic payment providers--companies to stop honoring illegal offshore transactions occurring online.

Australian, rather than U.S., law could be used to resolve the dispute between Gutnick and Dow Jones.

In Dow Jones v. Gutnick, the High Court of Australia was primarily tasked with determining whether: Australian courts should recognize a defamation judgment issued by a U.S. court. U.S. courts should recognize a defamation judgment issued by an Australian court. Australia was a permissible choice of forum to hear the dispute between Gutnick and Dow Jones. Australian, rather than U.S., law could be used to resolve the dispute between Gutnick and Dow Jones.

Yes, because the Terms' choice of forum is a state or federal court in New York City, New York.

Madison, a Yik Yak user from California, wants to challenge the enforceability of Yik Yak's dispute-resolution procedures and files suit in California state court. Yik Yak asks the judge to dismiss the case, arguing that California courts lack jurisdiction over the dispute. Is this correct? Yes, under general conflicts of law principles. Yes, because the Terms' choice of forum is a state or federal court in New York City, New York. No, Madison retains the right to file suit in California where she resides. No, Madison may file suit in any state or federal court, as Yik Yak operates nationwide

The U.S. Attorney General. The U.S. Attorney General, who is the head of the Department of Justice, delegates this responsibility to the Office of International Affairs in the Criminal Division of the Department of Justice.

In our discussion of how U.S. courts determine whether principles of judicial comity apply in a case, I mentioned the existence of bilateral Mutual Legal Assistance Treaties (MLATs) as one potential indicator that reciprocity exists between two countries. Please read the paragraph on page 2 of the U.S. Department of Justice's explanation of Mutual Legal Assistance Treaties [also posted in the 10/5 Reading and On-Point Assignment] and answer the question below. (You do not need to read any other portions of this document.) This question is unscored but contains information that could be tested on the final. Question:The United States and the United Kingdom are both parties to a bilateral Mutual Legal Assistance Treaty (MLAT). If law enforcement officials in the U.K. need information about a U.K. citizen that is stored on a server in the U.S., one possible way to request this electronic evidence for use in a criminal investigation or prosecution is to contact the "central authority" in the U.S. to facilitate the execution of such a request for electronic data. The "central authority" streamlining these requests within the U.S. is: The Federal Bureau of Investigation The U.S. Attorney General The National Security Agency The Department of Homeland Security

Territorial

Laws with this effect apply only to conduct occurring within that state/nations border

Extraterritorial

Laws with this effect extend beyond a state/nations border into other states/nations

After five years of continuous use in interstate commerce, many challenges to the mark's validity are prohibited.

Of the following, which is an advantage of federal trademark registration under the Lanham Act? The mark can no longer be used by others as an internet domain name. Suit can be filed in any state court. It allows the trademark owner to use the TM symbol to put others on notice of trademark protection. After five years of continuous use in interstate commerce, many challenges to the mark's validity are prohibited.

Domain Name

Part of a web address that links to the IP address of a particular website. Registered on a first-come, first-serve basis, with an accredited domain name registrar, not through U.S. P.T.O.

Carelessness, Phase 2

People see data rights or privacy as either uninmportant or as an acceptable price of entry to all the good, free stuff. Also what phase is this

data transfer, data localization

Please refer back to readings assigned in the 10/5 Reading and On-Point Assignment to answer this question. This question is unscored but contains information that could be tested on the final. Question:Both the European Union's General Data Protection Regulation and the United Kingdom's Data Protection Act place stringent limits on companies' ability to move personal data to locations outside of the European Economic Area if the data is moved to a country without "adequate safeguards" for personal data. Under Russian law, data may be transferred and processed outside Russia but must be physically stored in databases within the nation's borders. These mandates apply to entities based in Russia as well as to foreign companies that have Russian website domain names, use the Russian language on their website, or conduct business in Russia and deliver goods for payment in rubles. The GDPR and the DPA are both types of __________________ laws while Russian law regulates ______________. data transfer; data localization data mirroring; data mining data mining; data transfers data localization; data transfers

The court will likely rule in favor of the WRC member: the First Amendment protects domain names that use the Nike mark to criticize the company, even though they may tarnish the company's image and lead to lost profits, so long as the complaint sites are not likely to confuse consumers.

Seeking to increase pressure on Nike, a WRC member registers dozens of new domains, including NikeUsesChildLabor.com; EndNikesExploitationofOverseasLabor.com; and Nike.sux. On the sites, the WRC member posts e-mails and reports detailing alleged human rights violations by Nike suppliers. One site posts an e-mail sent to Nike asking why it didn't take action after it was told one of its suppliers in Bangalore, India, didn't raise wages for its 10,000 workers after a government-mandated increase. Another links to reports criticizing Nike's continued reliance on production facilities in Bangladesh, a country alleged to have lax enforcement of labor laws and workplace safety regulations. Nike believes that publicity surrounding the domains is damaging the brand's reputation and that, with continued use, the domains will affect the company's share price and profitability. What is the likely result if Nike sues the WRC member for unlawful use of its trade- and service marks? The court will likely rule in favor of Nike, as the WRC member uses the Nike mark without a license to do so. The court will likely rule in favor of Nike, as the WRC member's complaint sites tarnish the company's reputation and may affect the company economically. The court will likely rule in favor of Nike, as the WRC uses the Nike mark in "bad faith" under the Anti-Cybersquatting Protection Act. The court will likely rule in favor of the WRC member: the First Amendment protects domain names that use the Nike mark to criticize the company, even though they may tarnish the company's image and lead to lost profits, so long as the complaint sites are not likely to confuse consumers.

Suggestive. The name, Tesla, has a known meaning, but the company was not founded by or owned by the famous inventor. The mark also does not directly describe Tesla's goods or services, but rather suggests some characteristics or features of the goods.

Tesla® is most likely to be considered a ___________________ mark, as the company is named draws inspiration from the name of Nikola Tesla, a renowned electrical engineer whose inventions fueled innovations in electric power, radio, and robotics. generic collective fanciful suggestive

Judicial comity. International comity is ultimately a policy of deference to another nation's laws: it is not a binding legal commitment under the U.S. Constitution or federal or state law.

The legal doctrine under which foreign courts recognize and enforce each others' legal decisions as a matter of deference or courtesy and often based on the need for reciprocity is called: forum non conveniens jurisdiction full faith and credit judicial comity

service mark, trademark

The mark, Apple®--when it refers to the company as a brand--is a registered ____________________ while the mark, AirPods®--which refers to a specific product--is a registered ______________________. service mark; trademark service mark; collective mark trademark; service mark collective mark; trademark

race to bottom

The possibility that internet firms and users, faced with a multitude of conflicting laws, might begin to comply with the most restrictive laws in order to avert legal risk is referred to as: a free rider problem a volunteers dilemma a prisoners dilemma a race to the bottom problem

False. U.S. P.T.O. applicants can opt to register their mark--if granted--with the World Intellectual Property Organization (WIPO). The WIPO will then forward an application for international protections to specified countries under the Madrid Agreement, Madrid Protocol, and Trademark Law Treaty. Those foreign countries may then choose to grant or deny the application.

True or False: Filing for mark protections with the U.S. Patent and Trademark Office grants the filing party intellectual property rights worldwide.

Service Mark

This identifies services, not products (Holiday Inn, Burger King) It is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

Collective marks

This mark identifies organizations (e.g., International Ass'n of Privacy Professionals)

True

This question explains the contours of a U.S. federal statute that we discussed in class and that I would like you to know about for exam purposes. There are no slides to refer back to on this topic (though you should have class notes on this topic), so this question will be unscored in the interest of fairness. I would still like you to answer it. The Securing the Protection of our Enduring and Established Constitutional Heritage Act (SPEECH Act), passed in 2010, addresses concerns that the threat of foreign libel suits may have a chilling effect on the exercise of Americans' freedom of speech rights. The law provides that domestic courts may not recognize or enforce foreign judgments for defamation if it finds the foreign judgment is: (1) inconsistent with the First Amendment of the Constitution;(2) inconsistent with due process requirements imposed on U.S. courts by the Constitution; or(3) inconsistent with §230 of the Communications Decency Act. True or False: The SPEECH Act may aid defendants like Dow Jones, but would not help Google to win the case brought by Equustek in Canadian courts.

Jurisdiction

This refers to a courts legal authority to preside over a case

Trademark

This term generally describes a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others

False

True or False: Because Yik Yak users do not negotiate or formally sign the Terms of Service, users may opt out of any provision contained in the agreement.

True. Neither the Lanham Act nor the Anti-Cybersquatting Consumer Protection Act (ACPA) regulate anticipatory cybersquatting. They only address situations where persons register a domain name that capitalizes on an already-existing mark.

True or False: Existing federal trademark law does not create a civil cause of action against those who engage in anticipatory cybersquatting--that is, the practice of registering domain names for the sole purpose of selling them at a later time to companies that have a legitimate connection to that domain, at a much higher price than for which they were originally purchased.

True. Section 230 likely only revokes immunity where internet intermediaries facilitate violations of federal intellectual property law. While the Supreme Court of Canada may be correct when it counters that most countries, including the U.S., view violations of intellectual property rights as a legal wrong, section 230(e) has been interpreted to mean that ICS immunity is only in jeopardy for violations of federal IP law.

True or False: Google asserts that, under existing U.S. law, it would be immunized from liability for violations of Canada's intellectual property laws, as it did not create or develop the infringing content at issue in the case. Google is correct in its assertion.

False. Australia rejects a server-location test in Dow Jones, instead ruling that the site of the harm is where its effects are most felt.

True or False: In Dow Jones v. Gutnick, the High Court of Australia holds that when sued for harms stemming from online publication of harmful or unlawful content, the location of the business' servers determines what nation's laws should be used to resolve the dispute.

True

True or False: Nik, a Yik Yak user from Anchorage, Alaska, initiates arbitration proceedings against Yik Yak in Alaska. New York state law and relevant federal law will be used to resolve the dispute.

False. On the contrary, these cases show that courts outside the U.S. often decline to defer to the interests of American companies. And while American courts may insulate U.S.-based companies from stateside enforcement actions, any assets in the foreign jurisdiction--employees, profits, or infrastructure--are in jeopardy if they opt against compliance.

True or False: One take-away from the Gutnick, Yahoo!, and Equustek cases is that so long as tech companies are based in the United States, foreign nations are limited in their ability to enforce their own laws territorially.

False

True or False: Unless clearly stated otherwise, all laws enacted by Congress regulate conduct inside and outside U.S. borders.

True

U.S. law does not require parties to register marks federally to obtain protectable marks. T/F

Lanham Act

What act is the source of the federal trademark law. Filed with U.S. Patent & Trademark Office

Mark helps consumers find a product Mark is a promise of quality Mark protects brand equity

What are the 3 reasons why trademarks exist

Cybersecurity-certification

What is an example of a certification mark

Certification Marks

Words, phrases, symbols, or designs used by a person or organization to attest that products and services produced by others meet certain standards

Because UDRP proceedings are extrajudicial (i.e., they take place out of court), disputes over domain names are heard more quickly and at lower cost to the parties.

Which of the following accurately describes procedures to resolve a trademark-related dispute over a domain name under the Uniform Domain Name Dispute Resolution Policy? Arbitrations under the UDRP must take place in the United States, making it difficult to resolve disputes against cybersquatters who reside abroad. Once an arbitrator issues a ruling in a UDRP proceeding, it can take months for ICANN to enforce the ruling by transferring or canceling the infringing domain name. Those who register a domain name can opt out of Uniform Domain Name Dispute Resolution Policy by notifying ICANN. Because UDRP proceedings are extrajudicial (i.e., they take place out of court), disputes over domain names are heard more quickly and at lower cost to the parties.

Canada cannot force Google to remove Datalink sites from its .com URLs, as such an order would deprive Google of the benefits of §230 protections under U.S. law. The U.S. District Court in Norther California issues an declaratory judgment stating that U.S. federal law (Section 230) would prohibit U.S. courts from enforcing Canada's global de-listing order. After the U.S. court's ruling, compliance with Canada's global takedown order is a strategic business choice.

Which of the following describes the outcome of Equustek II? Canada may not enforce its judgment against Google, as it lacks personal jurisdiction over U.S.-based corporate entities. Canada cannot force Google to remove Datalink sites from its .com URLs, as enforcement of such an order by a U.S. court would deprive Google of the benefits of §230 protections under U.S. law. Google must de-index all Datalink websites, removing search results related to Datalink across all domains, for all users, no matter where they are located. Google must de-index all Datalink websites with google.com URLs, but can keep up any Datalink sites with google.ca URLs.

Naivete, Phase 1

consumers dont really understand the teach and what it means. also what phase is this