Deck 10: Cyberlaw and Privacy

Question 1

You make an online purchase of a hooded sweatshirt with the logo of the Dallas Cowboys.The next time you log on,your screen has a banner ad for Dallas Cowboy hats and shirts.This banner ad is most likely the result of

A)tracking software.
B)a coincidence.
C)the Internet crime of theft of private information.
D)encryption software.

Answer 1

A

Question 2

The Electronic Communications Privacy Act of 1986 is a federal statute that regulates email.

Answer 2

True

Question 3

Jorgeson Co.,on its website,promised the company would not give a customer's personal information to third parties without the customer's consent,but then gave out such information anyway.This practice violates Section 5 of the FTC Act.

Answer 3

True

Question 4

Under the ECPA,any intended recipient has the right to disclose the content of an email.

Question 5

After Jan's boyfriend broke up with her,she posted unflattering pictures of him on her Facebook page and wrote about how he was a terrible boyfriend,calling him a liar and a cheater.Jan's actions are protected by the First Amendment to the Constitution.

Question 6

At its inception,the Communications Decency Act of 1996,created broad immunity for Internet service providers (ISPs)and websites.

Question 7

Rachel works for the Internal Revenue Service,and keeps some personal information on her computer at work.There has been suspicion that Rachel has not been keeping tax return information confidential.The Fourth Amendment to the Constitution,prohibiting unreasonable searches and seizures,protects Rachel from having the government review the personal information she has on her computer.

Question 8

The federal government has preempted the field of online privacy,so states may not pass their own online privacy statutes.

Question 9

Spam is illegal per se.

Question 10

The case of Carafano v.Metrosplash.com,Inc.held that

A)the Fourth Amendment applies to computers.
B)Congress, in enacting the Communications Decency Act, intended that ISPs should not be held liable for information provided by someone else.
C)Congress had weighed free speech interests with protection of the public from offensive or obscene materials and determined that protection of the public was more important in the Internet setting.
D)Matchmaker, because it had provided the questionnaires for collecting information from its users, must be considered an "information content provider" under the Communications Decency Act, and it is therefore liable under the Act.

Question 11

Burns Medicine Shop developed a website where customers could ask the pharmacists questions and could refill prescriptions online.What statute requires Burns to have and disclose a privacy policy to anyone using the website?

A)The FTC Act
B)The Electronic Communications Privacy Act
C)The Fair Information Practices Act
D)No statutes presently require websites to have or disclose a privacy policy.

Question 12

The principle of net neutrality asserts that all information contained on the Internet should be regulated equally among each of the fifty states.

Question 13

When you surf the Internet,tracking tools collect information about you,often without your knowledge.

Question 14

The Internet was started in the 1960s as a project to link military contractors and universities.The World Wide Web was created as a subnetwork of the Internet.

Question 15

At issue inVerizon v.Federal Communications Commissionwas the Open Internet Order and the treatment of ISPs as common carriers.

Question 16

Which of the following is a true statement regardingthe European Union's Privacy Directive?

A)It requires an "opt-out" system under which tracking tools can be used unless the consumer specifically "opts-out" of the program.
B)The directive establishes data protection for Europeans' commercial transactions that take place in EU member countries only.
C)It requires an "opt-in" system under which tracking tools cannot be used unless the consumer specifically grants permission for their use.
D)The directive does not recognize that privacy can exist in public places.

Question 17

Section 5 of the FTC Act requires all websites to have a privacy policy.

Question 18

What isspam?

A)a form of tracking software
B)unsolicited commercial email
C)a federal statue regarding privacy
D)behavioral marketing regulations

Question 19

Social media postings,wikis,customer reviews,and blogs are all examples of user-generated content.

Question 20

The European Union does not view privacy as a fundamental right of its citizens and the EU's policies toward privacy are limited.

Question 21

Under what circumstances is intrusion into someone's private life a tort?

A)under all circumstances based on the Fourth Amendment
B)if a reasonable person would find it offensive
C)only if it conflicts with the First Amendment
D)only if the intrusion had been made public

Question 22

Which of the following protects e-mail messages from unauthorized interception?

A)CAN-SPAM
B)FIPS
C)ECPA
D)COPPA

Question 23

Which of the following is NOT true under the Electronic Communications Privacy Act?

A)An intended recipient of an e-mail has the right to disclose it to third persons.
B)ISPs are prohibited from disclosing the content of electronic messages to anyone other than the addressee, even if the disclosure is necessary for the performance of the ISP's service.
C)An employer has the right to monitor workers' e-mail if the monitoring occurs in the ordinary course of business.
D)An employer has the right to monitor workers' e-mail if the employer provides the computer system.

Question 24

Musical Productions has a privacy policy posted on its website but it does not follow the provisions contained within it.Musical Productions is in violation of

A)the CAN-SPAM Act.
B)the Communication Decency Act.
C)Section 5 of the FTC Act.
D)the Electronic Communications Privacy Act.

Question 25

The public disclosure tort requires the plaintiff to show all of the following EXCEPT

A)the defendant divulged secret information to a number of people, not just one person.
B)the disclosed facts had been private.
C)the disclosed facts were a legitimate concern to the public.
D)the disclosure is highly offensive to a reasonable person.

Question 26

Which statement regarding FIPS is true?

A)FIPS are only recommendations, not law.
B)FIPS originated from the Department of Justice.
C)FIPS has been ineffective in shaping privacy policies.
D)FIPS was established after the 9/11 terrorist attacks.

Question 27

What is net neutrality?

A)the notion that federal government remain a neutral party in deciding privacy law cases regarding the Internet
B)the principle that Internet service providers (ISPs) should not remain neutral in determining how information should flow on the Internet
C)the notion that the First and Fourth Amendments should not be used in determining citizens' privacy rights regarding the Internet.
D)the principle that all information which flows on the Internet must receive equal treatment.

Question 28

Under the Electronic Communications Privacy Act

A)violators are subject to both criminal and civil penalties.
B)violators may be subject to civil, but not criminal, penalties.
C)only the unauthorized disclosure of e-mail messages constitutes a violation.
D)only the unauthorized interception of e-mail messages by the government or an ISP constitutes a violation.

Question 29

Which of the following is NOT a core principle of the Fair Information Practices (FIPS)?

A)Notice/Awareness
B)Choice/Consent
C)Privacy/Refusal
D)Access/Participation

Question 30

Emily,an 11-year-old girl,wants to sign-up for a fashion newsletter and sweepstakes.In order to do so,the website wants to know Emily's name,address,phone number,and e-mail address.Which of the following is correct?

A)Emily must have permission from her parents in order to furnish the information to the website.
B)Under the Children's Online Privacy Protection Act, the website cannot collect any of this information from Emily, even if her parents give her permission.
C)Under Section 5 of the FTC Act, the website is protected from disciplinary action if Emily provides the requested information.
D)The Electronic Communications Privacy Act will allow the website to collect Emily's information, but restricts the website from sharing the information with other firms.

Question 31

?
Which of the following statues requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement?

A)the FCC's Open Internet Order
B)CDA of 1996
C)Section 5 the FTC Act.
D)CAN-SPAM

Question 32

As it pertains to the Electronic Communications Privacy Act,all of the following are considered electronic communication EXCEPT

A)websites
B)email
C)cell phones
D)social media

Question 33

The Children's Online Privacy Protection Act

A)deals only with the collection of data that will be disclosed to children.
B)restricts the use of social media sites by children.
C)regulates the activities of Internet operators with regard to collecting information from children.
D)is enforced by the EEOC.

Question 34

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA)is true?

A)To spy on people located in the United States who are communicating abroad, the government needs a warrant.
B)FISA was enacted in 1978, but its provisions were greatly strengthened in the aftermath of the 9/11 terrorist attacks.
C)Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance.
D)To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

Question 35

The Children's Online Privacy Protection Act prohibits Internet operators from collecting information from children under what age without parental permission?

A)18
B)16
C)13
D)10

Question 36

Which of the following regulates deceptive practices regarding a company's privacy policy?

A)Section 5 of the FTC Act
B)the federal COPPA
C)the federal ECPA
D)the FCC's privacy directive

Question 37

The CAN-SPAM Act

A)applies to virtually all promotional e-mails, whether or not the sender has a pre-existing relationship with the recipient.
B)requires senders of promotional e-mails to offer an opt-in system to recipients.
C)requires recipients of unsolicited, pornographic e-mails to notify the Justice Department.
D)requires senders of promotional e-mails to provide a valid return address, which may be a post office box or a specific physical location.

Question 38

Sherry,a 12-year-old,visited a website that wanted to know her family size,her parents' educational level,and her weekly allowance.The site also asked Sherry's name,mailing and e-mail addresses,and age.

A)Under COPPA, the website must disclose how it will use the information it acquires from Sherry.
B)COPPA prohibits the Internet operator from collecting such information under any circumstances.
C)COPPA does not apply to Sherry's situation since she is over the age limit for those protected by the statute.
D)Under COPPA, the website may only collect information about Sherry's name and e-mail address.

Question 39

The practice of inferring needs and preferences from a consumer's online behavior and then targeting related advertisements to them is referred to as

A)data mining.
B)behavioral marketing.
C)Internet tracking.
D)targeted selling.

Question 40

Unsolicited commercial e-mail (UCE)or unsolicited bulk e-mail (UBE)messages

A)are commonly known as "cookies."
B)constitute about 90 percent of all e-mail.
C)are estimated to be fraudulent either in content or packaging in approximately one-fourth of all cases.
D)although annoying, do lower the cost of connecting to the Internet.

Question 41

Stuart is vying for a promotion,but faces competition from a co-worker,Brenda.Without authorization,Stuart accesses stored company records and discovers an unfavorable e-mail message Brenda had written about the company.Stuart sends the message to his supervisor in hopes of keeping Brenda from getting the promotion.Discuss whether Stuart has violated any statute and,if so,what sanctions he may face.

Question 42

Daniel went onto an Internet message board and found that his ex-wife,Faye,had posted a message calling him a fat,insensitive jerk who only cared about watching sports on TV.Does Daniel have any protection against Faye's making such statements to a potentially large number of readers,some of whom may know Daniel and some of whom may not?

Question 43

Explain the core principles in the Code of Fair Information Practices.?

Question 44

?Explain data mining,how it takes place,and how it relates to behavioral marketing.

Question 45

What provisions is commercial email subjected to under the CAN-SPAM Act??