Deck 11: Cyberlaw

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

Web site operators are free to plant "cookies" on computers with no fear of action for breach of unauthorized access or privacy.

Question 5

Employees may waive their attorney-client privileges when using their work computers for communication.

Question 6

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

Question 7

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

Question 8

Cleaning up your name on Google using one of several services is a good way to eliminate any suspicions perspective or current employers may have about you.

Question 9

The key to being able to have Internet Service Providers (ISPs)release identities of those who post statements on the Internet is whether the posters were engaged in illegal or harmful activities.

Question 10

The Electronic Communications Privacy Act of 1986 (ECPA)is useful in resolving privacy issue questions.

Question 11

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

Question 12

Appropriation involves taking an image,likeness,or name for purposes of commercial advantage.

Question 13

Sock-puppeting is anonymous blogging that flatters the blogger's company and bashes one or more competitors.

Question 14

It is a crime to post nasty opinions about someone in an Internet chat room.

Question 15

The tort of invasion of privacy has some application to cyberspace communication.

Question 16

Potential employers are free to do pre-hiring monitoring of applicants without their knowledge.

Question 17

Legal issues in cyberspace include appropriation and competition issues.

Question 18

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

Question 19

Employers are accountable when employee use e-mails to defame competitors.

Question 20

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

Question 21

The majority of fraud complaints received by the FBI relate to:

A) sales from large online only retailers.
B) sales from traditional retailers who also operate on the Internet.
C) private Internet sales (one individual to another).
D) Internet auctions.

Question 22

Misrepresentation and fraud on the Internet raises a variety of new legal issues.

Question 23

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

Question 24

Legal issues of Cyberspace include:

A) employment issues.
B) user issues.
C) contract issues.
D) all of the above.

Question 25

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.

Question 26

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

A) Cyber-sign
B) We-sign
C) Electra-sign
D) E-sign

Question 27

Federal law now recognizes the validity of electronic signatures.

Question 28

The Federal Trade Commission (FTC)has begun to take positions on Internet issues that are:

A) tailored to Cyberspace.
B) specific to the type of website that has the issue.
C) identical to its stances of other types of commerce issues.
D) none of the above.

Question 29

Plaintiffs can successfully subpoena Internet Service Providers (ISPs)to obtain the identify of individuals who make defamatory remarks:

A) in all cases.
B) only when the information posted is false.
C) only when the information posted is true.
D) ISPs are never required to disclose identity.

Question 30

Employee e-mail is:

A) spontaneous.
B) candid.
C) discoverable.
D) all of the above.

Question 31

When employers allow employees to reimburse the employer for private use of text services,employer monitoring and disclosure of those texts is:

A) always legal.
B) only legal if the employee gives his or her consent.
C) only legal for texts that are sent and received during work hours.
D) a violation of the law.

Question 32

Sales tax on Internet sales:

A) is never collected.
B) is always collected.
C) is collected if the seller has a physical presence in the state of sale.
D) follow the same rules for sales tax collected in brick and mortar stores.

Question 33

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 34

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

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

Question 35

Contracts in cyberspace:

A) are formed as a result of the desire for speed.
B) are formed using purchase orders and invoices submitted via computer.
C) require both an offer and an acceptance.
D) all of the above.

Question 36

Statutory protections for privacy in cyberspace:

A) include state laws that are difficult to enforce against web sponsors with no presence in the state.
B) often address specific issues such as financial information rather than general protections .
C) may not protect an individual from federal agency "routine use".
D) all of the above.

Question 37

The Internet Tax Freedom Act (ITFA)prohibits companies from charging sales tax on Internet transactions.

Question 38

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 39

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 40

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

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?