Deck 11: Digital Law and E-Commerce
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Deck 11: Digital Law and E-Commerce
1
The World Wide Web is an electronic connection of millions of computers that support a(n) ________ set of rules for the exchange of information.
A) standard
B) ever-changing
C) imprecise
D) irregular
A) standard
B) ever-changing
C) imprecise
D) irregular
standard
2
The evolution of the internet helped usher in ________.
A) the cold war
B) the information age
C) the industrial revolution
D) the space race
A) the cold war
B) the information age
C) the industrial revolution
D) the space race
the information age
3
Individuals and businesses can use the internet for communication of ________.
A) information and data.
B) information only
C) data exclusively
D) cat videos; that's all, just cat videos
A) information and data.
B) information only
C) data exclusively
D) cat videos; that's all, just cat videos
information and data.
4
Which of these companies does NOT have a major online retail presence?
A) Amazon
B) eBay
C) Marlboro cigarettes
D) Walmart
A) Amazon
B) eBay
C) Marlboro cigarettes
D) Walmart
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5
Which of these is NOT a "brick-and-mortar" company that sells its goods and/or services online as well?
A) Wal-Mart
B) Merrill Lynch
C) Dell Computers
D) eBay
A) Wal-Mart
B) Merrill Lynch
C) Dell Computers
D) eBay
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6
Websites and web pages are viewed by using web-browsing software such as ________.
A) Microsoft Word
B) Microsoft Internet Explorer
C) Lotus 1-2-3
D) Google Docs
A) Microsoft Word
B) Microsoft Internet Explorer
C) Lotus 1-2-3
D) Google Docs
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7
Websites and web pages are stored on servers throughout the world. In order to locate a particular website, each website has a unique ________.
A) online address
B) internet protocol
C) username and password
D) application functionality
A) online address
B) internet protocol
C) username and password
D) application functionality
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8
What is a website?
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9
LetsConnect is a three-month-old internet service provider in the United States of America. 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 is true of this case?
A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.
A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.
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10
Using email, an individual can communicate around the world instantaneously. But in order to communicate via email, a person needs a unique ________.
A) email address
B) telephone number
C) street address
D) ISP
A) email address
B) telephone number
C) street address
D) ISP
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11
Using text, an individual can communicate around the world instantaneously. Generally, a person's ________ is used to reach others by text.
A) email address
B) telephone number
C) street address
D) ISP
A) email address
B) telephone number
C) street address
D) ISP
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12
The Federal Trade Commission (FTC) is empowered with enforcing the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act). Accordingly, the FTC has adopted a rule that spammers who send sexually oriented email are to ________.
A) be banned from the World Wide Web.
B) label such email on the subject line with the words "SEXUALLY EXPLICIT."
C) register with the FTC.
D) use the top level domain (TLD) extension ".porn".
A) be banned from the World Wide Web.
B) label such email on the subject line with the words "SEXUALLY EXPLICIT."
C) register with the FTC.
D) use the top level domain (TLD) extension ".porn".
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13
It is estimated that ________ of all business email traffic is unsolicited commercial advertising, i.e., spam.
A) approximately three-quarters
B) 95%
C) exactly half
D) about 25%
A) approximately three-quarters
B) 95%
C) exactly half
D) about 25%
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14
ISP stands for ________.
A) International Science Proposal
B) Internal Systems Protocol
C) International Society of Programmers
D) Internet Service Provider
A) International Science Proposal
B) Internal Systems Protocol
C) International Society of Programmers
D) Internet Service Provider
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15
Which of these services do ISPs traditionally NOT provide?
A) providing consumers and businesses with access to the internet
B) providing email accounts and storage on the internet to subscribers
C) retail sales of major appliances
D) web-hosting services
A) providing consumers and businesses with access to the internet
B) providing email accounts and storage on the internet to subscribers
C) retail sales of major appliances
D) web-hosting services
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16
What are email contracts and text contracts? Discuss their similarities with traditional contracts.
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17
The ________ gives an e-signature the same force and effect as a pen-inscribed signature on paper.
A) Electronic Signatures in Global and National Commerce (E-SIGN) Act
B) Electronic Communications Privacy Act
C) Communications Decency Act
D) Controlling the Assault of Non-Solicited Pornography and Marketing Act
A) Electronic Signatures in Global and National Commerce (E-SIGN) Act
B) Electronic Communications Privacy Act
C) Communications Decency Act
D) Controlling the Assault of Non-Solicited Pornography and Marketing Act
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18
________ are state laws that require certain types of contracts to be in writing.
A) Uniform Computer Information Transactions Act
B) Electronic Communications Privacy Act
C) Uniform Get It In Writing Statutes
D) Statutes of Frauds
A) Uniform Computer Information Transactions Act
B) Electronic Communications Privacy Act
C) Uniform Get It In Writing Statutes
D) Statutes of Frauds
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19
One of the main features of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) is that it recognizes electronic contracts as meeting ________ of the Statute of Frauds for most contracts.
A) jurisdictional status
B) the writing requirement
C) the arbitration option
D) the mailbox rule
A) jurisdictional status
B) the writing requirement
C) the arbitration option
D) the mailbox rule
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20
The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) provides that electronically signed contracts ________ because they are in electronic form or delivered electronically.
A) cannot be admitted as evidence in a civil case
B) cannot be subpoenaed by the Internal Revenue Service
C) cannot be admitted as evidence in a criminal case
D) cannot be denied effect
A) cannot be admitted as evidence in a civil case
B) cannot be subpoenaed by the Internal Revenue Service
C) cannot be admitted as evidence in a criminal case
D) cannot be denied effect
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21
The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) provides that record retention requirements ________.
A) are satisfied if records are stored electronically
B) are not satisfied if records are stored electronically
C) are satisfied if the records are stored electronically, as long as there is microfilm back-up
D) are satisfied if the records are stored electronically, as long as there is a paper file back-up
A) are satisfied if records are stored electronically
B) are not satisfied if records are stored electronically
C) are satisfied if the records are stored electronically, as long as there is microfilm back-up
D) are satisfied if the records are stored electronically, as long as there is a paper file back-up
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22
The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) contains several provisions to protect consumers. Which of these is NOT one of those protections?
A) Consumers must consent to receiving electronic records and contracts.
B) To receive electronic records, consumers must be able to demonstrate that they have access to the electronic records.
C) Copies of all electronic records sent to consumers must also be sent to the National Archives.
D) Businesses must tell consumers that they have the right to receive hard copy documents of their transaction.
A) Consumers must consent to receiving electronic records and contracts.
B) To receive electronic records, consumers must be able to demonstrate that they have access to the electronic records.
C) Copies of all electronic records sent to consumers must also be sent to the National Archives.
D) Businesses must tell consumers that they have the right to receive hard copy documents of their transaction.
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23
Because the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) does not define or decide which technologies should be used to create a legally binding signature in cyberspace, the Act is said to be ________.
A) technology neutral
B) cyber-agnostic
C) technologically illiterate
D) cyber-laissez-faire
A) technology neutral
B) cyber-agnostic
C) technologically illiterate
D) cyber-laissez-faire
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24
What is a digital signature and how did the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) address one of the major challenges in using digital signatures?
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25
A(n) ________ grants the licensee exclusive rights to use information rights for a specified duration.
A) service agreement
B) ISP covenant
C) digital application
D) exclusive license
A) service agreement
B) ISP covenant
C) digital application
D) exclusive license
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26
Valuable intellectual property and information rights do NOT include ________.
A) patents
B) trade secrets
C) software programs
D) computer servers
A) patents
B) trade secrets
C) software programs
D) computer servers
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27
A license grants the contractual rights ________.
A) expressly described in the license along with the right to use information rights within the licensor's control that are necessary to perform the expressly described rights
B) implied from the parties' behaviors
C) generally recognized in the software industry
D) as detailed in the bi-annual Uniform Grant of License Yearbook
A) expressly described in the license along with the right to use information rights within the licensor's control that are necessary to perform the expressly described rights
B) implied from the parties' behaviors
C) generally recognized in the software industry
D) as detailed in the bi-annual Uniform Grant of License Yearbook
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28
Licensing agreements tend to be very detailed and comprehensive contracts. This is primarily because of ________.
A) the nature of the subject matter and the limited uses granted
B) lack of supporting federal legislation
C) the newness of the industry
D) the requirements of international treaties
A) the nature of the subject matter and the limited uses granted
B) lack of supporting federal legislation
C) the newness of the industry
D) the requirements of international treaties
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29
The parties to a contract for the licensing of information owe a duty to ________.
A) comply with international treaties and agreements
B) act in accordance with high industry standards
C) perform the obligations stated in the contract
D) their shareholders
A) comply with international treaties and agreements
B) act in accordance with high industry standards
C) perform the obligations stated in the contract
D) their shareholders
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30
If a party to a licensing agreement fails to perform as required, ________.
A) federal criminal charges will be filed
B) the Internet Corporation for Assigned Names and Numbers (ICANN) needs to be notified
C) nothing generally occurs
D) there is a breach of the contract
A) federal criminal charges will be filed
B) the Internet Corporation for Assigned Names and Numbers (ICANN) needs to be notified
C) nothing generally occurs
D) there is a breach of the contract
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31
Breach of contract by one party to a licensing agreement gives the nonbreaching party certain rights, including ________.
A) the right to force the breaching party into bankruptcy
B) the right to recover damages or other remedies
C) the right to petition ICANN to delete the breaching party's websites
D) the right to file charges against the breaching party with the particular state's attorney general
A) the right to force the breaching party into bankruptcy
B) the right to recover damages or other remedies
C) the right to petition ICANN to delete the breaching party's websites
D) the right to file charges against the breaching party with the particular state's attorney general
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32
What is meant by the terms licensor, licensee and exclusive license?
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33
The number of domain names registered worldwide is ________.
A) approximately 100,000
B) more than 400 million
C) about 1 billion
D) unknown
A) approximately 100,000
B) more than 400 million
C) about 1 billion
D) unknown
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34
A common term for a party who "kidnaps" an internet domain name is ________.
A) cyberpirate
B) webthief
C) e-fraudster
D) netdragon
A) cyberpirate
B) webthief
C) e-fraudster
D) netdragon
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35
"Cybersquatting" describes the situation where ________.
A) someone refuses to move out of an Airbnb rental at the end of the contracted period
B) a person will not leave a cybercafe at closing time
C) one participates in online physical exercises
D) a party registers a domain name of another party's trademarked name or a famous person's name
A) someone refuses to move out of an Airbnb rental at the end of the contracted period
B) a person will not leave a cybercafe at closing time
C) one participates in online physical exercises
D) a party registers a domain name of another party's trademarked name or a famous person's name
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36
The first step in registering a domain name is to ________.
A) trademark the name with the U.S. Patent and Trademark Office
B) hire a marketing firm, a software engineer and an attorney
C) determine whether any other party already owns the name
D) purchase a high-capacity server
A) trademark the name with the U.S. Patent and Trademark Office
B) hire a marketing firm, a software engineer and an attorney
C) determine whether any other party already owns the name
D) purchase a high-capacity server
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37
An entity that maintains a database of all domain names that have been registered is ________.
A) the United Nations High Commission on the Internet
B) InterNIC
C) the Federal Trade Commission
D) any Secretary of State's office
A) the United Nations High Commission on the Internet
B) InterNIC
C) the Federal Trade Commission
D) any Secretary of State's office
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38
The purchase or sale of a domain name ________.
A) can be for millions of dollars
B) is prohibited by federal law
C) cannot be for an amount greater than $25
D) can only be done at the International Domain Name Auction held twice a year in Vienna
A) can be for millions of dollars
B) is prohibited by federal law
C) cannot be for an amount greater than $25
D) can only be done at the International Domain Name Auction held twice a year in Vienna
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39
What is a domain name? How are domain names registered? What is meant by a top-level domain (TLD) extension? What is the most popular TLD extension?
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