Question 1

Social media users can post trademarked images or copyrighted materials without infringing the owners' rights,even if it is done without permission.

Accepted Answer

Posting trademarked images or copyrighted materials without permission is a violation of the owner's intellectual property rights. It can result in legal action and penalties for the user.

Question 2

Broadband,Inc. ,an Internet service provider,supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction.Under federal law,Broadband is

Accepted Answer

According to the Communications Decency Act, Broadband is immune from liability for third-party content shared through their service. Therefore, they cannot be held liable for the deceptive ads originating in a foreign jurisdiction that they reported to the FTC.

Question 3

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Instable Investments,Inc. ,sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1.In those states with antispam laws,federal law

Accepted Answer

Federal law preempts the application of state law to commercial e-mail with certain exceptions. This means that in those states with antispam laws, the federal law will take precedence and regulate the use of spam instead of the state law.

Question 4

An internal company network can better protect the company's trade secrets.

Accepted Answer

An internal company network allows for more control over who has access to sensitive information and can prevent unauthorized access from outside sources.

Question 5

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Instable Investments,Inc. ,sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1.Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business.Thirty-seven states

Accepted Answer

Thirty-seven states prohibit or regulate the use of spam, which means both Sound Financials and Instable Investments must comply with these state laws when sending commercial e-mails.

Question 6

Federal law permits the intentional interception of any wire,oral,or electronic communication.

Accepted Answer

This statement is false. Federal law permits the intentional interception of wire, oral, or electronic communications only under certain circumstances, such as with a warrant or court order or if one of the parties involved has given their consent to the interception. Without proper authorization, intentional interception of communication is illegal under federal law.

Question 7

Federal law prevents a provider of communication services-such as a cell phone company-from divulging private communications to certain entities and individuals.

Accepted Answer

This is true under the Electronic Communications Privacy Act (ECPA) and other federal laws. However, there are exceptions such as in cases of law enforcement with a warrant or court order.

Question 8

To maintain a suit for the invasion of privacy,a person must have a reasonable expectation of privacy in the particular situation.

Accepted Answer

This is a basic principle of invasion of privacy law. To successfully sue for invasion of privacy, a person must have had a reasonable expectation of privacy in the circumstances at issue. Courts evaluate the expectations of privacy that people have in different situations, and use that analysis to determine whether an invasion of privacy has occurred.

Question 9

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

Accepted Answer

If an employee violates the employer's social media policy, the employer can terminate the employee. However, the policy must be legally enforceable and should not violate any employee rights. It is important for employers to have clear and concise social media policies that employees are aware of and understand.

Question 10

Cyber torts are torts that arise from online conduct.

Accepted Answer

Cyber torts refer to violations of an individual's rights that occur on the internet or through other forms of electronic communication. This includes, but is not limited to, online defamation, cyberbullying, invasion of privacy, and intellectual property infringement.

Question 11

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

Accepted Answer

Online defamation, also called cyber defamation, occurs when someone communicates false or malicious statements about a person through any online platform, such as social media, blogs or forums. This can cause significant harm to the individual's reputation, often leading to emotional distress and financial loss.

Question 12

Federal wiretapping law covers electronic forms of communication.

Accepted Answer

Federal wiretapping law, known as the "Wiretap Act," covers electronic forms of communication such as phone conversations, email exchanges, and instant messaging.

Question 13

Tech Outsourcing,Inc. ,registers a domain name that is the same as,or confusingly similar to,the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing.This is

Accepted Answer

This scenario describes cybersquatting, which involves registering a domain name that is the same or similar to an existing trademark with the intention of profiting from it by either selling it back to the trademark owner or using it to divert traffic to another website. Typosquatting is the act of registering a domain name that contains a common misspelling of an existing trademark, while trademark infringement involves using a trademark without authorization. Trademark dilution involves the unauthorized use of a famous trademark in a way that lessens its distinctiveness.

Question 14

Online conduct gives rise to only a narrow variety of legal actions.

Accepted Answer

Online conduct can give rise to a wider variety of legal actions, including but not limited to defamation, cyberbullying, online harassment, copyright infringement, fraud, and invasion of privacy.

Question 15

About half of the states have enacted legislation to protect individuals from having to disclose their social media passwords.

Accepted Answer

About half of the states in the United States have implemented laws to safeguard the privacy rights of job applicants and employees by prohibiting employers from requesting access to their social media accounts. This includes their usernames and passwords, however, these laws do not restrict employers from reviewing and monitoring publicly available information about their workers.

Question 16

Social media posts are routinely included in discovery in litigation.

Accepted Answer

This is because social media is considered electronic communication and can potentially contain relevant information or evidence for the case.

Question 17

A social media post cannot be used to invalidate a settlement agreement.

Accepted Answer

A social media post can potentially be used as evidence to challenge the validity of a settlement agreement, especially if it contains new or previously undisclosed information that would have impacted the negotiation process.

Question 18

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Instable Investments,Inc. ,sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1.One of the advertisers-either Sound Financials or Instable Investments-is acting within the bounds of federal law.Federal law permits the sending of

Accepted Answer

Federal law permits the sending of unsolicited commercial e-mail. This means that both Sound Financials and Instable Investments are acting within the bounds of federal law. However, Sound Financials is only sending e-mails to previous customers and those who have opted to receive the notices, while Instable Investments is sending e-mails to any e-mail address they can find on the web.

Question 19

Employees' posts on social media may be protected under labor law.

Accepted Answer

The National Labor Relations Act protects employees' rights to discuss working conditions, wages, and benefits on social media. Therefore, some employees' posts on social media may be considered protected concerted activity under labor law.

Question 20

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

Accepted Answer

Federal law, specifically the Electronic Communications Privacy Act (ECPA) of 1986, prohibits unauthorized access to stored electronic communications.

Quiz 9: Internet Law, Social Media, and Privacy