Question 1

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 is an example of cybersquatting, which occurs when someone registers a domain name that is identical or confusingly similar to a trademarked name with the intention of profiting from selling it back to the trademark owner.

Question 2

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

An employer can have a social media policy that outlines guidelines for employee behavior on social media. If an employee violates these guidelines, the employer may be within their rights to terminate the employee. However, the specifics of each situation will vary and legal advice should be sought.

Question 3

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

Accepted Answer

Federal law permits interception of wire, oral, or electronic communications only with the prior consent of at least one party involved in the communication, or with a court order. Without such consent or order, interception of communication is illegal under federal law.

Question 4

Social media posts are routinely included in discovery in litigation.

Accepted Answer

Social media posts have been considered as potential evidence in many cases, and they can be included in discovery requests. Courts have ruled that information posted publicly on social media is not private, and thus can be used as evidence.

Question 5

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

Accepted Answer

Online defamation, also known as cyber defamation, is the act of making false statements about someone online that harm their reputation. This may include posting false information on social media, blogs, forums, review sites or other online platforms. It is against the law and can result in legal action.

Question 6

Employers cannot monitor employees' electronic communications made in the ordinary course of business.

Accepted Answer

Employers generally have the right to monitor electronic communications made on company equipment or networks, including those made in the ordinary course of business. However, there are some exceptions and limitations, such as for certain privileged communications or when employees have a reasonable expectation of privacy. It is important for employers to have clear policies in place regarding electronic communications and employee privacy.

Question 7

Cyber torts are torts that arise from online conduct.

Accepted Answer

Cyber torts refer to legal violations that occur in cyberspace or on the internet. These may include defamation, invasion of privacy, cyberbullying, and intellectual property infringement.

Question 8

It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.

Accepted Answer

Many companies have privacy policies and terms of service that dictate how they collect, use, and protect user data, which can have a significant impact on online privacy rights. Some companies even go beyond legal requirements to provide users with additional privacy protections, such as limiting data retention or allowing users to control their data. However, it should be noted that courts and legislatures also play a role in defining privacy rights, particularly in areas where companies may be engaging in questionable practices or where there are gaps in existing privacy laws.

Question 9

Fact Pattern 6-1
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 6-1.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. However, such e-mails must include an option to unsubscribe from future messages. Sound Financials Corporation is within the bounds of federal law as it only sends e-mail ads to its previous customers and those who have opted to receive the notices. On the other hand, Instable Investments, Inc. is not within the bounds of federal law as it sends e-mail ads to any e-mail address it can find, regardless of whether the recipient has given consent to receive such messages.

Question 10

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

Accepted Answer

The National Labor Relations Board (NLRB) has ruled that employees have the right to engage in “protected concerted activity” on social media, which includes discussing wages, hours, and working conditions with co-workers. This means that employers cannot retaliate against employees for their social media posts related to these topics.

Question 11

Law enforcement uses social media to detect and prosecute criminals.

Accepted Answer

Law enforcement agencies often use social media to gather information about criminal activities, identify suspects, and track down fugitives. Social media platforms provide valuable evidence in criminal investigations, such as text messages, images, videos, and location data. Police also use social media to disseminate alerts about crimes and missing persons, as well as to monitor online threats and hate speech. However, the use of social media for law enforcement also raises concerns about privacy, civil liberties, and potential abuses of power.

Question 12

Social media posts have no uses in litigation.

Accepted Answer

Social media posts can have uses in litigation as they can provide evidence or information relevant to a case.

Question 13

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 the legal standard established by courts in order for an invasion of privacy claim to be successful. The person must have had a reasonable expectation of privacy in the situation where their privacy was allegedly invaded.

Question 14

Social media users can post trademarked images or copyrights 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 rights and can lead to legal consequences.

Question 15

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

The Electronic Communications Privacy Act (ECPA) of 1986, along with subsequent amendments, prohibits communication service providers from disclosing private communications to certain entities and individuals, such as government agencies without a warrant or court order.

Question 16

Fact Pattern 6-1
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 6-1.In those states with antispam laws,federal law

Accepted Answer

Federal law, specifically the CAN-SPAM Act, preempts state laws regarding commercial e-mail, but states can still enforce laws that prohibit false or deceptive e-mail practices.

Question 17

Rowan registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com.This is

Accepted Answer

This is a case of typosquatting, which involves registering a domain name that is a common misspelling of an established brand.

Question 18

Federal wiretapping law covers electronic forms of communication.

Accepted Answer

This is true. Federal wiretapping laws, such as the Electronic Communications Privacy Act (ECPA), cover electronic forms of communication, such as email, text messages, and phone calls.

Question 19

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.

Question 20

Fact Pattern 6-1
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 6-1.Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business.Thirty-six states

Accepted Answer

Thirty-six states in the US prohibit or regulate the use of spam, meaning that both Sound Financials and Instable Investments must comply with these state laws.

Quiz 6: Internet Law,social Media,and Privacy