Deck 11: Cyberlaw

Question 1

Contract formation in cyberspace is the result of a desire for businesses to use a common language to form contracts.

Answer 1

False

Question 2

Identity theft is a type of Internet fraud.

Answer 2

True

Question 3

The formation of contracts in cyberspace is always governed by the law of the United States.

Answer 3

False

Question 4

The law of real property is included in those categories of legal issues covered by cyberlaw.

Question 5

Copying trademarks by using the Internet is an intellectual property issue.

Question 6

The remedy for misrepresentation and fraud on the Internet is the same as the remedy for misrepresentation and fraud committed on paper.

Question 7

The elements of defamation remain the same in cyberspace

Question 8

Individuals who post defamatory messages in a "chat room" are protected from liability for defamation.

Question 9

Federal law now recognizes the validity of electronic signatures.

Question 10

The tort of apprehension involves taking an image, likeness, or name for purposes of commercial advantage.

Question 11

United States companies are encouraged to use an international registration system for resolving disputes regarding names for Internet sites.

Question 12

The distinction between offer and acceptance is no longer relevant in cyberlaw.

Question 13

Cyberlaw is a completely new area of law, unrelated to any established field of law.

Question 14

The term "cyberlaw" refers to laws and precedent applicable to Internet transactions and communications.

Question 15

Employers are required to give notice to employees that they will monitor their employees' e-mail.

Question 16

The term "cyberspace" describes the World Wide Web and Internet communication.

Question 17

Cyberlaw includes the area of criminal law.

Question 18

Employers have access and control rights to their employees' e-mail.

Question 19

Federal law requires all companies who market search engines on the Internet to create and abide by a search engine code of ethics.

Question 20

Defamation in cyberspace requires the plaintiff to show the same elements as are required under traditional defamation law, but the potential for larger damage awards may be much greater for defamation in cyberspace.

Question 21

Nonconsensual interception of your e-mail by someone other than your employer is:

A)acceptable.
B)acceptable, but only if the e-mail is "live."
C)generally illegal.
D)illegal, unless your employer approves of the interception.

Question 22

The Commerce Clause prohibits state governments from taxing Internet transactions.

Question 23

Existing securities laws apply to securities transactions over the Internet.

Question 24

The fact that information is distributed so quickly over the Internet leads to the conclusion that damages for defamation in cyberspace, in contrast to traditional settings for defamation, are potentially:

A)the same.
B)smaller.
C)greater.
D)non-existent.

Question 25

Generally, speech on the Internet is not entitled to First Amendment free speech protection.

Question 26

What areas of law are covered within "Cyberlaw"?

A)tort only.
B)contract only.
C)constitutional only.
D)tort, contract, and constitutional.

Question 27

Abraco International provides servers and related services to many customers. Accusations of defamation have arisen involving a customer of Abraco. Which of the following is a correct statement?

A)Abraco is prohibited from revealing information about the identity of its customers to anyone who asks.
B)Abraco must reveal information about the identity of its customers to anyone who asks.
C)Abraco must reveal information about the identity of its customers to private entities, but not to the government.
D)Abraco must reveal information about the identity of its customers in response to law enforcement's presentment of a valid warrant.

Question 28

The Fourth Amendment protection applies to homes, but not to information stored on computers.

Question 29

The developing law of cyberlaw as is relates to torts incorporates a variety of extensions of established legal principles to cyberspace. Examples of tort principles relevant to cyberlaw include:

A)violating privacy rights through the World Wide Web.
B)improper use of information gathered from the Internet.
C)defaming someone through the Internet.
D)All of the above.

Question 30

The Digital Millennium Copyright Act makes it a federal offense to circumvent, or create programs to circumvent, encryption devices placed in copyrighted material to prevent unauthorized copying.

Question 31

The Internet has facilitated access to capital markets.

Question 32

The taking of an image, likeness, or name for purposes of commercial advantage is protected by :

A)contract law.
B)tort law.
C)criminal law.
D)none of the above.

Question 33

__________ refers to laws and precedent applicable to Internet transactions and communications.

A)Cyberlaw
B)Cyborglaw
C)Silicalaw
D)Simlaw

Question 34

__________-sign is a federal law that recognizes digital signatures as authentic for purposes of contract formation.

A)Cyber
B)We
C)You
D)E

Question 35

Under the Due Process Clause, certain rules are traditionally employed to determine jurisdiction under state "long-arm" statutes. These rules are not applicable to businesses that choose to transact on the Internet.

Question 36

The taking of an image off someone's web site and using it for commercial advantage is called:

A)appropriation.
B)defamation.
C)gleaning.
D)subordination.

Question 37

Describe the rights of employers to monitor the e-mail of employees who are using their employers' email system.

A)Employers may monitor employees' e-mails, but only if the employees have consented.
B)Employers may monitor employees' e-mails, regardless of whether employees have consented.
C)Employers may monitor employees' e-mails, but only if notice is given.
D)Employers may not monitor employees' e-mails.

Question 38

Little "cyber crime" exists today.

Question 39

Copyright protection is not possible for materials located on the Internet.

Question 40

"Pump and dump" is a practice prohibited under securities law.

Question 41

Bon, located in Florida, desires to enter into a contract with Jon, a resident of Maine. Neither wishes to meet face-to-face, as both are busy with a variety of business interests. Instead, they wish to form a contract over the Internet. Would a contract formed over the Internet be valid?

Question 42

Roxy is employed as a manager at "com.com," an Internet-based company attempting to compete successfully in the highly competitive software development industry. Roxy is concerned that one of her employees, Randy, is not performing at an acceptable level. While Roxy has noticed that Randy spends considerable time using the computer at his workstation, his productivity is lacking. Roxy suspects Randy is using the company's e-mail system for personal use instead of working on company business. Is Roxy permitted to monitor Randy's email?

Question 43

Which of the following statements best represents the Fourth Amendment's protection against unreasonable searches and seizures?

A)The Fourth Amendment's protection against unreasonable searches and seizures applies to homes, but not to computers located in homes.
B)The Fourth Amendment's protection against unreasonable searches and seizures applies to homes, including computers located in homes.
C)The Fourth Amendment's protection against unreasonable searches and seizures applies to homes and offices, but not to computers located in either location.
D)The Fourth Amendment's protection against unreasonable searches and seizures applies to homes and offices, including computers located in either location.

Question 44

"Pump and Dump" is a violation of:

A)contract law.
B)criminal law.
C)standard jurisdictional practice.
D)securities law.

Question 45

The legal foundation for electronic signing is provided by:

A)state governments, without the assistance of federal legislation.
B)the federal government only.
C)state governments, with the assistance of federal legislation.
D)None of the above.

Question 46

Intellectual property rights, even in cyberspace, are protected for the sake of:

A)government regulation.
B)the integrity of contract law.
C)the wealthy.
D)innovation.

Question 47

Which word best describes the extent of cyber crime in today's society?

A)epidemic.
B)moderate.
C)discernible.
D)negligible.

Question 48

Cyber crime conduct is defined in:

A)existing criminal statues only.
B)computer-specific statutes only.
C)both existing criminal and computer-specific statutes.
D)state law only.

Question 49

"Commercial speech" is protected by which provision of the constitution?

A)the First Amendment.
B)the Commerce Clause.
C)the Due Process Clause.
D)the Taxation Clause.

Question 50

Sam accesses the Internet and secures information (including credit history) on another person. If that information is used to purchase products in the other person's name, Sam's actions constitute:

A)contract interception.
B)identity theft.
C)character assassination.
D)none of the above.

Question 51

The formation of contracts in cyberspace is governed today largely by:

A)international contract law principles.
B)traditional contract law principles.
C)federal contract law principles.
D)uniform state laws.

Question 52

Companies who have misrepresented the capabilities of their search engines or failed to disclose the methods whereby they give preference to certain links:

A)may be liable for fraud, but are not responsible for either rescission or damages.
B)may be liable for fraud, but if so are only responsible for rescission.
C)may be liable for fraud, but if so are only responsible for damages.
D)may be liable for fraud, and if so might be responsible for rescission or damages.