Deck 15: Digital Law and E-Commerce
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Deck 15: Digital Law and E-Commerce
1
A(n)________ is any computer system that has been established by a seller to accept orders.
A) electronic agent
B) sales force
C) spam
D) e-license
A) electronic agent
B) sales force
C) spam
D) e-license
A
2
What does the Communications Decency Act of 1996 provide?
A) Businesses can send spam emails, as long as they don't lie.
B) ISPs are not liable for the content transmitted over their networks by email users and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited emails.
D) The number of servers an ISP can access in a geographical location is limited.
A) Businesses can send spam emails, as long as they don't lie.
B) ISPs are not liable for the content transmitted over their networks by email users and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited emails.
D) The number of servers an ISP can access in a geographical location is limited.
B
3
Which of the following is true of the CAN-SPAM Act?
A) It regards spam email as a punishable offence.
B) It prohibits spammers from sending sexually-explicit email.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.
A) It regards spam email as a punishable offence.
B) It prohibits spammers from sending sexually-explicit email.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.
C
4
________ are companies that provide consumers and businesses with access to the Internet.
A) ISPs
B) BPOs
C) DSLs
D) IPOs
A) ISPs
B) BPOs
C) DSLs
D) IPOs
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5
Which of the following is true of the UCITA?
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It defines which technologies should be used to create a legally binding signature in cyberspace.
C) It aims at eliminating all domain names registered in bad faith.
D) It does not become law until a state's legislature enacts it as a state statute.
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It defines which technologies should be used to create a legally binding signature in cyberspace.
C) It aims at eliminating all domain names registered in bad faith.
D) It does not become law until a state's legislature enacts it as a state statute.
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6
Which of the following is true of the World Wide Web?
A) Only businesses-not individuals-can have their own websites.
B) Individuals need not register with a service provider to access the web.
C) A website can have several online addresses.
D) Each website must have a unique online address.
A) Only businesses-not individuals-can have their own websites.
B) Individuals need not register with a service provider to access the web.
C) A website can have several online addresses.
D) Each website must have a unique online address.
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7
Which of the following acts regulates spam email on the Internet?
A) Anticybersquatting Consumer Protection Act
B) Controlling the Assault of Non-Solicited Pornography and Marketing Act
C) Communications Decency Act
D) Uniform Computer Information Transactions Act
A) Anticybersquatting Consumer Protection Act
B) Controlling the Assault of Non-Solicited Pornography and Marketing Act
C) Communications Decency Act
D) Uniform Computer Information Transactions Act
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8
Which of the following is an example of Web-browsing software?
A) Microsoft Internet Explorer
B) Adobe Acrobat Reader
C) Outlook Express
D) BitTorrent
A) Microsoft Internet Explorer
B) Adobe Acrobat Reader
C) Outlook Express
D) BitTorrent
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9
A ________ refers to a contract that transfers limited rights in intellectual property and informational rights.
A) lien
B) tender
C) license
D) trademark
A) lien
B) tender
C) license
D) trademark
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10
A ________ is an owner of intellectual property or informational rights who transfers rights in the property or information to another party.
A) lessor
B) lessee
C) licensee
D) licensor
A) lessor
B) lessee
C) licensee
D) licensor
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11
Which of the following best describes how email contracts are viewed under the law?
A) Email contracts are valid only for contracts less than $500.
B) Email contracts for goods can be valid, but not email contracts for services.
C) Email contracts are generally treated similarly to contracts negotiated by other means.
D) Email contracts are not usually valid because of the ease of deleting email messages.
A) Email contracts are valid only for contracts less than $500.
B) Email contracts for goods can be valid, but not email contracts for services.
C) Email contracts are generally treated similarly to contracts negotiated by other means.
D) Email contracts are not usually valid because of the ease of deleting email messages.
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12
Which of the following government agencies is empowered to enforce the CAN-SPAM Act?
A) Securities and Exchange Commission
B) Central Intelligence Agency
C) Federal Trade Commission
D) Federal Communications Commission
A) Securities and Exchange Commission
B) Central Intelligence Agency
C) Federal Trade Commission
D) Federal Communications Commission
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13
Barney wants to rent an apartment and posts an advertisement in a classifieds website.Two days later,Michael,who wants to rent out his apartment,emails Barney and they finalize the deal over the Internet.Barney pays Michael through an online transfer.This is an example of ________.
A) e-licensing
B) e-commerce
C) cybersquatting
D) spamming
A) e-licensing
B) e-commerce
C) cybersquatting
D) spamming
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14
LetsConnect is a three-month-old Internet service provider in the U.S.A.In the last two months,it was discovered that several LetsConnect users exchanged online material that is illegal in the United States.The ISP took no measures to investigate the matter or prevent it.Which of the following holds true in this case?
A) The users of LetsConnect are not liable for the material they exchanged.
B) LetsConnect is not liable for the content transmitted over its network.
C) LetsConnect will be prosecuted for abusing the freedom of speech.
D) LetsConnect will be prosecuted for violating the Communications Decency Act.
A) The users of LetsConnect are not liable for the material they exchanged.
B) LetsConnect is not liable for the content transmitted over its network.
C) LetsConnect will be prosecuted for abusing the freedom of speech.
D) LetsConnect will be prosecuted for violating the Communications Decency Act.
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15
Which of the following is true about electronic commerce?
A) The use of e-commerce is restricted to the large organizations.
B) The traditional rules of contract law adequately meet the needs of Internet transactions.
C) It is regulated by several federal statutes enacted by the government.
D) It is not protected from infringement.
A) The use of e-commerce is restricted to the large organizations.
B) The traditional rules of contract law adequately meet the needs of Internet transactions.
C) It is regulated by several federal statutes enacted by the government.
D) It is not protected from infringement.
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16
The computers that constitute the World Wide Web use a standard set of rules known as ________ for the exchange of information.
A) POP
B) POP3
C) HTTP
D) IMAP
A) POP
B) POP3
C) HTTP
D) IMAP
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17
Which of the following is true of e-commerce?
A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) A Web contract is not binding, as opposed to an email contract, which is.
D) A Web contract is not valid if it does not fulfill all the elements of a traditional contract.
A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) A Web contract is not binding, as opposed to an email contract, which is.
D) A Web contract is not valid if it does not fulfill all the elements of a traditional contract.
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18
Most states that have adopted e-commerce and licensing statutes similar to the UCITA,________.
A) will continue using the laws displaced by the enactment of the UCITA
B) will use the provisions of the UCITA that are preempted by the federal law
C) use UCITA as the basis for discussing state laws that affect licensing contracts
D) use UCITA to supplement the state laws
A) will continue using the laws displaced by the enactment of the UCITA
B) will use the provisions of the UCITA that are preempted by the federal law
C) use UCITA as the basis for discussing state laws that affect licensing contracts
D) use UCITA to supplement the state laws
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19
The ________ Act establishes a uniform and comprehensive set of rules that govern the creation,performance,and enforcement for computer information transactions.
A) CAN-SPAM
B) UCITA
C) ECPA
D) ACPA
A) CAN-SPAM
B) UCITA
C) ECPA
D) ACPA
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20
Which of the following statements is true of email contracts?
A) All email contracts require consideration, capacity, and lawful object.
B) Email contracts are exempted from the requirements of the Statute of Frauds.
C) Email contracts are enforceable even if they don't meet the requirements of a traditional contract.
D) Several emails cannot be integrated to determine the parties' agreement.
A) All email contracts require consideration, capacity, and lawful object.
B) Email contracts are exempted from the requirements of the Statute of Frauds.
C) Email contracts are enforceable even if they don't meet the requirements of a traditional contract.
D) Several emails cannot be integrated to determine the parties' agreement.
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21
Which of the following is true of licenses?
A) A license grants the licensee complete control over the intellectual property.
B) A license to use intellectual property would come under the purview of the UCITA.
C) A licensee has complete control over the information he or she is allowed to access.
D) A licensee has the right to use information rights beyond the licensor's control.
A) A license grants the licensee complete control over the intellectual property.
B) A license to use intellectual property would come under the purview of the UCITA.
C) A licensee has complete control over the information he or she is allowed to access.
D) A licensee has the right to use information rights beyond the licensor's control.
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22
The first step in registering a domain name is to ________.
A) pay an annual fee for the registration
B) submit an online registration application
C) determine whether any other party already owns the name
D) search for famous names of companies or people
A) pay an annual fee for the registration
B) submit an online registration application
C) determine whether any other party already owns the name
D) search for famous names of companies or people
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23
Jesse owns a computer on which she sends and receives email.Abe monitors the emails sent and received by Jesse from her email account.Under which of the following circumstances would the ECPA consider Abe's actions as not violating the law?
A) if Abe and Jesse are colleagues in the same organization
B) if Abe was the employer of Jesse
C) if Abe stole Jesse's access codes to read her email
D) if Abe was investigating an illegal activity with an invalid warrant
A) if Abe and Jesse are colleagues in the same organization
B) if Abe was the employer of Jesse
C) if Abe stole Jesse's access codes to read her email
D) if Abe was investigating an illegal activity with an invalid warrant
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24
The ECPA is a federal statute that ________.
A) establishes that businesses are allowed to send spam emails, as long as they do not lie
B) rules that ISPs are not liable for the content transmitted over their networks by email users and websites
C) establishes that an e-signature is as effective as a pen-and-paper signature
D) makes it illegal to access stored email as well as email in transmission
A) establishes that businesses are allowed to send spam emails, as long as they do not lie
B) rules that ISPs are not liable for the content transmitted over their networks by email users and websites
C) establishes that an e-signature is as effective as a pen-and-paper signature
D) makes it illegal to access stored email as well as email in transmission
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25
Under the E-SIGN Act,a digital e-signature can be verified by using ________.
A) a smart card
B) a domain name
C) HTTP
D) an ISP
A) a smart card
B) a domain name
C) HTTP
D) an ISP
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26
A(n)________ uniquely identifies an individual's or company's website.
A) e-signature
B) digital footprint
C) email address
D) domain name
A) e-signature
B) digital footprint
C) email address
D) domain name
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27
A(n)________ is a detailed and comprehensive written contract that sets forth the express terms of a contract between two parties transferring the rights to an intellectual property.
A) digital signature
B) electronic agent
C) licensing agreement
D) electronic signature
A) digital signature
B) electronic agent
C) licensing agreement
D) electronic signature
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28
A ________ refers to a party who is granted limited rights in or access to intellectual property or informational rights owned by another party.
A) lessor
B) lessee
C) licensee
D) licensor
A) lessor
B) lessee
C) licensee
D) licensor
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29
Which of the following entities does the ECPA permit to access stored electronic communication?
A) the law enforcement people performing an investigation
B) the owner of the website where the user has an email account
C) the Internet service provider
D) the bank where an account holder keeps his finances
A) the law enforcement people performing an investigation
B) the owner of the website where the user has an email account
C) the Internet service provider
D) the bank where an account holder keeps his finances
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30
The ________ recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.
A) Uniform Commercial Code
B) Uniform Computer Information Transactions Act
C) E-SIGN Act
D) Communications Decency Act
A) Uniform Commercial Code
B) Uniform Computer Information Transactions Act
C) E-SIGN Act
D) Communications Decency Act
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31
If Alice-Bob's daughter-reads emails stored in Bob's personal email folder,she has violated the ________ and is liable for prosecution.
A) UCITA
B) ACPA
C) ECPA
D) ICANN
A) UCITA
B) ACPA
C) ECPA
D) ICANN
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32
An exclusive license is defined as ________.
A) a license that grants access to exclusive information for a limited period
B) a license that restricts the licensee to some information only
C) a license that is granted to only one party for a specific period
D) a license that grants licensees only a few rights in intellectual property
A) a license that grants access to exclusive information for a limited period
B) a license that restricts the licensee to some information only
C) a license that is granted to only one party for a specific period
D) a license that grants licensees only a few rights in intellectual property
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33
Jessica wants to buy a laptop from the Tenn Computers' website.Before confirming the purchase,the website asks her to provide biometric identification using an electronic scanner.This is an example of ________.
A) e-licensing
B) an e-signature
C) an exclusive license
D) cybersquatting
A) e-licensing
B) an e-signature
C) an exclusive license
D) cybersquatting
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34
Which of the following is true about the Electronic Communications Privacy Act?
A) It does not provide criminal penalties to those who intercept electronic communication.
B) It does not provide any exceptions for accessing stored email without violating the law.
C) It provides that government officials need not require a warrant to access stored email.
D) It provides that an injured party may sue for civil damages for violations of the ECPA.
A) It does not provide criminal penalties to those who intercept electronic communication.
B) It does not provide any exceptions for accessing stored email without violating the law.
C) It provides that government officials need not require a warrant to access stored email.
D) It provides that an injured party may sue for civil damages for violations of the ECPA.
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35
Which of the following is an example of an e-signature?
A) using a credit card at the supermarket to pay for groceries
B) using a debit card to fill gas as the local gas station
C) ordering food over the phone and paying with a credit card
D) paying the electric bill online using a smart card
A) using a credit card at the supermarket to pay for groceries
B) using a debit card to fill gas as the local gas station
C) ordering food over the phone and paying with a credit card
D) paying the electric bill online using a smart card
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36
The ________ is a federal statute that makes it a crime to intercept an electronic communication at the point of transmission,while in transit,when stored by a router or server,or after receipt by intended recipient.
A) UCITA
B) ECPA
C) ACPA
D) ICANN
A) UCITA
B) ECPA
C) ACPA
D) ICANN
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37
While downloading a software program,Harriet reads the Terms and Conditions document which states that the company is not liable for any unforeseen damages that may arise from using the software.Harriet clicks on "Accept" and continues to install the program.The document is an example of a(n)________.
A) digital signature
B) digital identification
C) licensing agreement
D) implicit contract
A) digital signature
B) digital identification
C) licensing agreement
D) implicit contract
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38
Which of the following is true about domain name registration?
A) A single domain name can be registered with multiple users at the same time.
B) Domain names can be registered online through the Internet.
C) Domain name registration is typically an expensive process.
D) A company cannot register its own name as its domain name.
A) A single domain name can be registered with multiple users at the same time.
B) Domain names can be registered online through the Internet.
C) Domain name registration is typically an expensive process.
D) A company cannot register its own name as its domain name.
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39
Which of the following does the E-SIGN Act provide?
A) Electronically signed contracts cannot be denied effect because they are in electronic form.
B) Electronic records can be sent to consumers who make a purchase, without their specific consent to receiving the record.
C) It defines which technologies should be used to create a legally binding signature in cyberspace.
D) Only smart card verification creates a legally binding signature in cyberspace.
A) Electronically signed contracts cannot be denied effect because they are in electronic form.
B) Electronic records can be sent to consumers who make a purchase, without their specific consent to receiving the record.
C) It defines which technologies should be used to create a legally binding signature in cyberspace.
D) Only smart card verification creates a legally binding signature in cyberspace.
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40
A(n)________ is a contract by which the owner of software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.
A) e-license
B) ISPS
C) domain
D) digital signature
A) e-license
B) ISPS
C) domain
D) digital signature
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41
The difference between trademark laws and the Anticybersquatting Consumer Protection Act is that,the latter ________.
A) requires famous names to be a registered trademark
B) protects nontrademarked names
C) is ineffective against cybersquatters
D) protects generic names
A) requires famous names to be a registered trademark
B) protects nontrademarked names
C) is ineffective against cybersquatters
D) protects generic names
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42
An issue in applying the Anticybersquatting Consumer Protection statute is ________.
A) whether the domain name is someone else's famous name
B) stopping the use of top-level domain names
C) preventing the kidnapping of Internet domain names
D) the approval given to businesses to use spam
A) whether the domain name is someone else's famous name
B) stopping the use of top-level domain names
C) preventing the kidnapping of Internet domain names
D) the approval given to businesses to use spam
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43
Which of the following is an example of a new top-level domain name?
A) www.thegovernment.arizona
B) www.education.com
C) www.doctors.in
D) www.writers.org
A) www.thegovernment.arizona
B) www.education.com
C) www.doctors.in
D) www.writers.org
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44
Timothy is a dentist who has a private clinic in Detroit.Which of the following would be an example of him using a new,personalized top-level domain?
A) timothy-dentist.com
B) timothy.dentist
C) timothy-dentist.net
D) timothy-michigandentist.com
A) timothy-dentist.com
B) timothy.dentist
C) timothy-dentist.net
D) timothy-michigandentist.com
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45
According to the Anticybersquatting Consumer Protection Act,in order to issue a cease-and-desist order against a cybersquatter ________.
A) the registered domain name must be famous
B) the domain name must have been registered in good faith
C) the registered domain name must be a generic word
D) the domain name must be used to distribute goods or services
A) the registered domain name must be famous
B) the domain name must have been registered in good faith
C) the registered domain name must be a generic word
D) the domain name must be used to distribute goods or services
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46
Which of the following domain extensions signifies a resource website,and is an unrestricted global name that may be used by businesses,individuals,and organizations?
A) )name
B) )coop
C) )mobi
D) )info
A) )name
B) )coop
C) )mobi
D) )info
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47
Which of the following is a country-specific domain name?
A) )ca
B) )com
C) )net
D) )info
A) )ca
B) )com
C) )net
D) )info
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48
The ________ is a federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
A) UCITA
B) ACPA
C) ICANN
D) ECPA
A) UCITA
B) ACPA
C) ICANN
D) ECPA
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49
Which of the following is true about domain name extensions?
A) Domain name extensions that don't have sales of goods and services are protected by the trademark law.
B) The commercial use of domain name extensions is prohibited.
C) Domain name extensions cannot be made available for private purchase.
D) Country-specific extensions can be used as domain names.
A) Domain name extensions that don't have sales of goods and services are protected by the trademark law.
B) The commercial use of domain name extensions is prohibited.
C) Domain name extensions cannot be made available for private purchase.
D) Country-specific extensions can be used as domain names.
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50
The ________ issued new rules that permit a party to register a domain name with personalized TLD suffixes.
A) UCITA
B) ACPA
C) ICANN
D) ECPA
A) UCITA
B) ACPA
C) ICANN
D) ECPA
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51
Obtaining a new top-level domain name for an organization involves ________.
A) high costs
B) free maintenance
C) informal processes
D) short waiting periods
A) high costs
B) free maintenance
C) informal processes
D) short waiting periods
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52
Which of the following is a requirement for trademark laws to be applied against cybersquatting?
A) the domain name must be famous
B) the domain name must not be trademarked
C) the domain name must be used to distribute goods or services
D) the domain name must be registered in bad faith
A) the domain name must be famous
B) the domain name must not be trademarked
C) the domain name must be used to distribute goods or services
D) the domain name must be registered in bad faith
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53
According to ICANN,a party that registers a domain name with new TLD suffixes ________.
A) is prohibited from using names of industries and professions
B) can register the domain name in languages other than English
C) should not use the names of cities as the domain name
D) can obtain the domain name at a low cost
A) is prohibited from using names of industries and professions
B) can register the domain name in languages other than English
C) should not use the names of cities as the domain name
D) can obtain the domain name at a low cost
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54
Jonathan Smith,a neurosurgeon in Oregon,wants to start a website that makes it possible for neurosurgeons across the world to collaborate on cases.Which of the following domain extensions is most apt for Smith's website?
A) )aero
B) )coop
C) )biz
D) )pro
A) )aero
B) )coop
C) )biz
D) )pro
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55
Which of the following is a feature of the Anticybersquatting Consumer Protection Act?
A) allowing cybersquatters to use trademarked domain names
B) issuing an injunction against a domain name registrant
C) ordering the trademark owner to turn over the domain name to the domain name registrant
D) penalizing famous person's for failing to trademark their names
A) allowing cybersquatters to use trademarked domain names
B) issuing an injunction against a domain name registrant
C) ordering the trademark owner to turn over the domain name to the domain name registrant
D) penalizing famous person's for failing to trademark their names
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56
Sometimes a party will register a domain name of another party's trademarked name or a famous person's name.This is called ________.
A) licensing
B) hacking
C) copyright infringing
D) cybersquatting
A) licensing
B) hacking
C) copyright infringing
D) cybersquatting
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57
Which of the following top-level domain name extensions is most commonly used by ISPs,Web-hosting companies,and other businesses that are directly involved in the infrastructure of the Internet?
A) )net
B) )com
C) )biz
D) )org
A) )net
B) )com
C) )biz
D) )org
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58
A fundamental requirement of the Anticybersquatting Consumer Protection Act is that a domain name must be ________ to find violation.
A) a registered trademark
B) registered with bad faith
C) used to distribute goods and services
D) a generic name
A) a registered trademark
B) registered with bad faith
C) used to distribute goods and services
D) a generic name
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59
________ is the most widely used domain extension in the world,and is preferred by businesses.
A) )net
B) )com
C) )biz
D) )org
A) )net
B) )com
C) )biz
D) )org
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60
Which of the following domain name extensions used by small businesses was originally the country code for Belize?
A) )us
B) )biz
C) )bz
D) )com
A) )us
B) )biz
C) )bz
D) )com
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61
Under the E-SIGN Act,electronically signed contracts can be denied effect because they are delivered electronically.
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62
The CAN-SPAM Act allows businesses to use spam and restricts the consumers from opting out of receiving such emails.
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63
It is essential for new domain name registrants to verify whether the name is already registered by another individual or business.
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64
Individuals and businesses use the Internet for communication of information and data.
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65
Any provisions of the UCITA that are preempted by federal law are enforceable by the state law.
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66
E-signatures are not as effective as pen-inscribed signatures in enforcing a licensing agreement.
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67
Counteroffers against electronic agents that do not have the ability to evaluate the offer cannot be enforced.
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68
Individuals are restricted from registering domain names to use on the Internet.
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69
Any interception of data during transmission is not subject to the regulation of the ECPA.
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70
The E-SIGN Act recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.
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71
According to the E-SIGN Act,consumers must consent to receiving electronic records and contracts.
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72
Digital signatures can be used to identify an individual.
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73
Jenny owns a computer on which she sends and receives email.Leonard learns Jenny's access code to her email account.Leonard opens Jenny's email and reads her emails.Leonard has violated the Electronic Communications Privacy Act.
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74
Internet domain names are unique for every individual's or business's website.
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75
The UCITA was drafted to address the problems of enforcing e-commerce contracts and providing consumer protection.
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76
A legally binding signature in cyberspace should be created using only those technologies as defined by the E-SIGN Act.
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77
Each computer connected to the World Wide Web has a different set of rules for the exchange of information over the Internet.
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78
The ECPA provides that injured parties may sue for civil damages over violations of the ECPA.
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79
Companies that provide businesses and individuals with Internet access are responsible for the content transmitted over their networks.
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80
The UCITA statute can be enforced in the event of a contract breach,giving the nonbreaching party the right to recover damages.
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