Deck 15: Digital Law and E-Commerce

Question 1

A website is composed of electronic documents known as webpages.

Answer 1

True

Question 2

The CAN-SPAM Act regulates spam sent internationally to Americans from other countries.

Answer 2

False

Question 3

Spam accounts for approximately twenty-five percent of all business e-mail traffic.

Answer 3

False

Question 4

The CAN-SPAM Act requires spammers who send sexually-oriented e-mail to properly label it as such.

Question 5

In 1993,Congress enacted the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act).

Question 6

Unsolicited online commercial advertising is commonly referred to as ham.

Question 7

Many spam messages are fraudulent and deceptive.

Question 8

The Communications Decency Act of 1996 provides that "(n)o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

Question 9

In order to facilitate Internet development and growth,the United States Congress enacted the CAN-SPAM Act.

Question 10

Each website has a unique online address.

Question 11

The CAN-SPAM Act represents a deregulatory approach to government oversight of the Internet.

Question 12

The CAN-SPAM Act is designed to eliminate spam.

Question 13

The CAN-SPAM Act requires that recipients of spam be given the opportunity to opt out and not have the spammer send e-mail to the recipient's address.

Question 14

The World Wide Web consists of millions of computers that support a standard set of rules for the exchange of information called Hypertext Transfer Protocol.

Question 15

The CAN-SPAM Act prohibits spammers from using falsified headers in e-mail messages,including the originating domain name and e-mail address.

Question 16

The CAN-SPAM Act is very weak in helping consumers ward off the spam that deluges them daily.

Question 17

Internet service providers (ISPs)are not liable for the content transmitted over their networks by e-mail users and websites.

Question 18

The CAN-SPAM Act provides victims of spam the right to bring civil lawsuits against spammers.

Question 19

The Interstate Commerce Commission (ICC),a federal administrative agency,is empowered to enforce the CAN-SPAM Act.

Question 20

The CAN-SPAM Act prohibits deceptive e-mail subject lines that mislead a recipient of the contents or subject matter of the message.

Question 21

The Electronic Communications Privacy Act provides that stored electronic communications may be accessed without violating the law by government and law enforcement entities investigating suspected illegal activity without a validly-issued warrant.

Question 22

Sometimes a party will register a domain name of another domain name of another party's trademarked name or famous person's name.This is called cyberspotting.

Question 23

The price charged for the sale or transfer of Web domain names is regulated in order to prevent excessive prices from being charged.

Question 24

The Anticybersquatting Consumer Protection Act only provides injunctive relief,not monetary damages.

Question 25

Assuming that all of the elements to establish a contract are present,an e-mail contract is enforceable.

Question 26

In 2009,the United States Congress enacted the Anticybersquatting Consumer Protection Act (ACPA).

Question 27

The Anticybersquatting Consumer Protection Act protects any individual's name from being registered by another person.

Question 28

The Electronic Communications Privacy Act makes it a crime to intercept an electronic communication at the point of transmission.

Question 29

The Electronic Communications Privacy Act provides that an injured party may sue for civil damages for violations of the Act.

Question 30

The Anticybersquatting Consumer Protection Act protects against bad faith registrations of domain names only if the domain name is trademarked.

Question 31

The first stop in registering a domain name is to determine whether any other party already owns the name.

Question 32

The Electronic Communications Privacy Act provides that stored electronic communications may be accessed without violating the law by the party or entity providing the electronic communication service.

Question 33

The Electronic Communications Privacy Act makes it a crime to intercept an electronic communication while in transit.

Question 34

The Electronic Communications Privacy Act does not make it a crime to intercept an electronic communication after receipt by the intended recipient.

Question 35

In order to register for a domain name,the U.S.Patent and Trademark Office must issue an authorization that the name is available and is not confusingly similar to existing names.

Question 36

Trademark laws adequately protect holders of trademarks from persons acquiring domain names in bad faith using the trademark,or confusingly similar names.

Question 37

The suffix ".pro" is not a valid top-level suffix for a domain name.

Question 38

Under the Electronic Communications Privacy Act,an employer cannot access any stored e-mail of an employee without that employee's consent.

Question 39

Domain names may be registered by filing the appropriate form with the domain name registration service and paying the appropriate fee.

Question 40

The Electronic Communications Privacy Act does not make it a crime to intercept an electronic communication when stored by a router or server.

Question 41

The Uniform Computer Information Transactions Act was passed by the U.S.Congress in 1999.

Question 42

Most software programs and digital applications are licensed by the owner of the program or application to a user of a computer or digital device.

Question 43

A "point and click" license is a contract used by many software companies to license their software over the Internet or in physical packages where the software is later installed on a computer.

Question 44

Under the Uniform Computer Information Transactions Act,when an offer is silent about the offer being conditioned on the acceptance of all terms of the offer,if the offeree purportedly accepts but alters the terms of the offer in doing so,it is treated as a simple rejection of the offer.

Question 45

Under the Uniform Computer Information Transactions Act,consumers are held responsible for electronic errors such as ordering more copies than intended if there was a confirmation procedure and the consumer erroneously confirmed the incorrect quantity.

Question 46

Under the Electronic Signature in Global and National Commerce Act,one of the ways that a digital signature can be verified is by something the signatory knows,such as a secret password.

Question 47

Click-wrap agreements provide a fast but expensive way for licensors to mass market their software to users without requiring paper contracts or physical signatures.

Question 48

In a click-wrap licensing agreement,the licensor indicates his or her acceptance by clicking on a prompt button on the screen labeled "I accept" or "I agree."

Question 49

Web page order systems are examples of electronic agents.

Question 50

Under the Uniform Computer Information Transactions Act,a court will order specific performance by the licensor in favor of the licensee,but the contract must provide that specific performance is available as a remedy.

Question 51

One of the uniform laws developed in response to electronic commerce is the Uniform Computer Information Transactions Act.

Question 52

The Electronic Signature in Global and National Commerce Act does not allow electronic contracts to satisfy the Statute of Frauds because the writing requirement cannot be satisfied with an electronic contract.

Question 53

The courts have held that a party is considered to have manifested her consent to enter into a contract by his or her physical action of using a mouse to click an "I Agree" prompt button for a click-wrap license.

Question 54

When contracting with an electronic agent,a contract can be formed even though the content of the purported acceptance would constitute a counteroffer if dealing with a live agent.

Question 55

Click-wrap licenses contain terms of the agreement,disclaimers of warranties,guarantees for the protection of trademarks and trade secrets,and other provisions that would normally be contained in a paper license.

Question 56

An electronic agent is a telephonic or computer system established by a seller to accept e-commerce orders.

Question 57

The terms of a software click-wrap license are typically negotiable.

Question 58

Under the Electronic Signature in Global and National Commerce Act,electronic signatures must generally be followed up by executing a manual signature in order to attest to the authenticity of the electronic signature.

Question 59

In an e-license arrangement,the owner of the program or application is the e-licensee,and the owner of the computer or digital device to whom the license is granted is the e-licensor.

Question 60

An e-license is a contract whereby the owner of software or a digital application grants unlimited rights to the owner of a computer or digital device to use the software or a digital application for an unlimited period.

Question 61

The ________ makes it a crime to intercept an electronic communication at the point of transmission,while in transit,when stored by a router or server,or after receipt by the intended recipient.

A) Electronic Communications Privacy Act (ECPA)
B) Electronic Transmissions Privacy Act (ETPA)
C) Internet Communications Privacy Act (ICPA)
D) Internet Transmissions Privacy Act (ITPA)
E) Cyberspace Transmissions Privacy Act (CTPA)

Question 62

Which of the following is one of the most commonly used top-level extensions for domain names?

A) )avia
B) )aero
C) )flite
D) )arwys
E) )flght

Question 63

Most businesses conduct e-commerce by using websites on the Internet.Each website is identified by a unique Internet domain ________.

A) tag
B) name
C) trademark
D) service mark
E) patent

Question 64

An exclusive license means that for the specified duration of the license,the licensor will not grant to any other person rights in the same information.

Question 65

Which of the following is not one of the most commonly used top-level extensions for domain names?

A) )office
B) )mobl
C) )bz
D) )name
E) )museum

Question 66

Which of the following is not one of the most commonly used top-level extensions for domain names?

A) )edu
B) )org
C) )com
D) )net
E) )med

Question 67

An intellectual property licensing arrangement is a method used to transfer certain rights of use,but not ownership,of intellectual property.

Question 68

According to the ________,Internet service providers are not liable for the content transmitted over their networks by e-mail users and websites.

A) Communications Decency Act of 1996
B) Communications Decency Act of 2006
C) Communications Censorship Act of 1996
D) Communications Censorship Act of 2006
E) Electronic Communications Liability Act of 2006

Question 69

The World Wide Web consists of computers that support a standard set of rules for the exchange of information called:

A) Hypertext Transfer Protocol.
B) Cyberspace Transfer Rules
C) Hypertext Transfer Rules.
D) Web Exchange Rules.
E) Netscape Navigator Rules.

Question 70

Upon cancellation of a license,the licensee has the right to retain licensed information.

Question 71

Intellectual property licensing agreements are relatively standard agreements that generally convey similar rights to licensees.

Question 72

The Uniform Computer Information Transactions Act provides that if appropriate requirements are met,a licensor can resort to electronic self-help if a breach occurs.

Question 73

A licensor can recover lost profits caused by the licensee's failure to accept or complete performance of the contract.

Question 74

Under UCITA,available remedies are specifically enumerated and the parties do not have the right to limit remedies in their contract or licensing agreement.

Question 75

Which of the following is not one of the most commonly used top-level extensions for domain names?

A) )info
B) )biz
C) )us
D) )home
E) )bz

Question 76

The Uniform Computer Information Transaction Act is a federal statute that preempts any state statutes that are in conflict with it.

Question 77

Which of the following is one of the most commonly used top-level extensions for domain names?

A) )amateur
B) )apprentice
C) )trainee
D) )pro
E) )executive

Question 78

Websites and webpages are stored on servers throughout the world,which are operated by ________.

A) Internet access facilitators (IAFs)
B) Internet access providers (IAPs)
C) Internet service facilitators (ISFs)
D) Internet service providers (ISPs)
E) Internet service protocols (ISPs)

Question 79

Which of the following is one of the most commonly used top-level extensions for domain names?

A) )coop
B) )nfl
C) )nba
D) )nhl
E) )mlb

Question 80

Under the Uniform Computer Information Transactions Act,a licensor never has a right to cure a breach of a license.