Deck 32: Cyberlaw

Question 1

The United States of America v.Angevine case held that the professor had no reasonable expectation of privacy in his office computer.

Answer 1

True

Question 2

The Internet was started in the 1960s as a project to link military contractors and universities.The World Wide Web was created in 1991 as a subnetwork of the Internet.

Answer 2

True

Question 3

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 Gramm-Leach-Bliley Privacy Act.
D)No statutes presently require websites to have or disclose a privacy policy.

Answer 3

D

Question 4

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

Question 5

The Gramm-Leach-Bliley Privacy Act of 1999 requires pretexting to find out private financial information.

Question 6

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

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 7

Spam is illegal per se.

Question 8

Consumers have been active in requesting government regulation of web data collection to protect their privacy.

Question 9

When you surf the Internet,information,much of which is anonymous,is collected about you.

Question 10

The European Union's e-Privacy Directive requires websites to provide an "opt-out" option for sites that use tracking tools.

Question 11

If a program is on your computer monitors your activities without your permission,you may be able to get protection through state legislation which makes spyware illegal.

Question 12

The European Union prohibits the transfer of personal customer information to countries that lack adequate privacy protection.

Question 13

Rachel works for the Internal Revenue Service,but keeps some personal information on her computer at work.The Fourth Amendment to the Constitution,prohibiting unreasonable searches and seizures,does not apply to the government's right to obtain personal information on her computer.

Question 14

It is legal for websites to sell source code for viruses.

Question 15

Bidding on one's own goods at an online auction may subject the bidder to liability under anti-fraud statutes as well as liability under state statutes explicitly prohibiting shilling.

Question 16

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

Question 17

The Electronic Communications Privacy Act is a federal statute regulating e-mail.

Question 18

Which of the following countries has not passed legislation to comply with the European Union's directive prohibiting the transfer of personal data to any countries that do not provide adequate privacy protection?

A)Canada
B)Australia
C)United States
D)New Zealand

Question 19

The Computer Fraud and Abuse Act prohibits all but which of the following?

A)Computer trespass.
B)Sending spam.
C)Negligent damage to a computer attached to the Internet.
D)Trafficking in computer passwords.

Question 20

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

Question 21

"Hacking" is:

A)gaining unauthorized access to a computer system.
B)a major crime.
C)illegal under the federal Computer Fraud and Abuse Act,which applies to any computer attached to the Internet.
D)All of the above are correct.

Question 22

After Ashley was denied credit for a new car,she checked her credit report with Equifax.The report showed that several credit cards had been issued to her recently,and they had large,unpaid balances.Ashley had not applied for or received these cards.She found out that someone had stolen personal information she had entered onto her computer and used the information to fraudulently obtain the credit cards.Ashley:

A)is a victim of identity theft.
B)is protected under the Identity Theft and Assumption Deterrence Act.
C)can seek restitution in court.
D)All of the above.

Question 23

Identity theft:

A)is a relatively new crime that was created through use of the Internet.
B)affects about 8 million American victims each year.
C)has slight impact on the victim since consumer law protects owners of credit cards and limits their loss to $50 if they promptly report the loss of their card.
D)is now addressed by only state statutes.

Question 24

Lois receives an e-mail asking her to update her personal information on a website that is an illegal imitation of a legitimate site.This practice:

A)is a crime called phishing.
B)is a tort called information theft.
C)is a breach of contract action known as shilling.
D)may be prosecuted under the GLB Privacy Act.

Question 25

The privacy of e-mail is regulated by:

A)the federal ECPA.
B)spyware.
C)both a and b
D)neither a nor b.There is currently no regulation of e-mail privacy.

Question 26

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)provides unavoidable requirements for senders of promotional e-mails.
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 27

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 28

The Identity Theft and Assumption Deterrence Act of 1998 does all but which of the following:

A)prohibits the use of false identification to commit fraud.
B)limits liability on a stolen credit card to $50.
C)permits a victim to seek restitution in court.
D)It does all of the above.

Question 29

MajorLine offered travel packages,including airfare and hotel accommodations,at a discounted price on their website.However,after Jason charged MajorLine's fees to his credit card,he did not receive the promised airline tickets or the coupons for a reduced hotel rate.He found that other customers had been similarly defrauded.MajorLine:

A)can be prosecuted under state law.
B)can be prosecuted under the Computer Fraud and Abuse Act.
C)Both a and b
D)cannot be prosecuted because fraud over the Internet is not yet defined as a crime in any statutes.

Question 30

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 31

The Electronic Communications Privacy Act covers:

A)e-mail communications.
B)transmissions from cellular phones.
C)transmissions from pagers.
D)All of the above.

Question 32

Rob works for a federal governmental agency.No policy statements have been reported to the employees regarding their privacy rights or regarding their use of workplace computers for personal business.Rob's supervisor has reason to suspect that Rob has used his workplace computer to order an illegal substance.Which of the following is true?

A)Rob's employer may search Rob's computer at any time since it was provided by the employer.
B)Even if Rob's employer tries to search Rob's computer,if Rob has deleted any incriminating information,the employer will be able to find nothing on his computer to prove Rob was engaged in illegal activity.
C)The Fourth Amendment prohibits unreasonable searches and seizures by the government,but this amendment does not apply to computers.
D)If Rob has a legitimate expectation of privacy in the information on his computer,his employer would have to obtain a search warrant in order to conduct a search of the computer.

Question 33

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 without her parents' permission.
C)COPPA does not apply to Sherry's situation since she is over the age limit for those protected by the statute.
D)Both a and b

Question 34

Tom receives an e-mail from someone alleging to be a Nigerian government official who has stolen money from the government.He needs some place safe to keep the money for a short time.The official promises that,if Tom lets his bank account be used for this purpose,Tom will be allowed to keep a percentage of the stolen money.Tom gives in to the temptation and provides his account information.Instead of receiving money,Tom loses everything he had in the account to the scammer.In this situation:

A)prosecution can be under state law.
B)prosecution can be under the Computer Fraud and Abuse Act.
C)a civil action can be brought under Section 5 of the FTC Act.
D)All of the above.

Question 35

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

A)The Fourth Amendment.
B)The GLB Privacy Act of 1999.
C)The Electronic Communications Privacy Act.
D)COPPA.

Question 36

You receive an e-mail telling you that your bank's website is undergoing some security updates and you need to log in to update your account information.Conveniently,there is a link in the e-mail allowing you to easily log in.Most likely this is an example of:

A)hacking
B)phishing
C)hunting
D)shilling

Question 37

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 38

The Children's Online Privacy Protection Act:

A)deals only with the collection of data that will be disclosed to children.
B)deals only with collecting,from children,information that will be disclosed publicly.
C)regulates the activities of Internet operators.
D)is enforced by the EEOC."
E)Both b and c.

Question 39

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 or the employer provides the e-mail system.
D)To access e-mail messages that have been stored for 180 days or less,the government must first obtain a search warrant.

Question 40

Online auctions:

A)are the major source of consumer complaints about online fraud.
B)involve approximately $1 million worth of goods annually.
C)allow people to bid on their own goods.
D)allow owners of goods to cross-bid with a group of other sellers.

Question 41

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 42

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 43

Maria,who lives in the United States,gains unauthorized access to a bank's computer system and steals financial information about customers.Of what is Maria guilty,and under what statute(s)could she be prosecuted?

Question 44

Explain the difference between an ISP and a Web host,and discuss whether they are treated alike under the Communications Decency Act (CDA).

Question 45

Discuss common abuses that occur with auctions on the Internet and how these abuses are being addressed.