Question 1

No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect.

Accepted Answer

Courts have generally allowed law enforcement to use undercover tactics, including setting up phony social media accounts, to investigate and catch suspects, as long as they comply with legal standards and do not entrap the suspect.

Question 2

Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile's marketing method

Accepted Answer

The answer of Volatile Investments Inc. sends e-mail ads to...

Question 3

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

Accepted Answer

Online conduct can give rise to a wide range of legal actions, such as defamation, cyberbullying, copyright infringement, hacking, and fraud, among others.

Question 4

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and offers to sell the name to the mark's owner. This is

Accepted Answer

This is an example of cybersquatting, which is when someone registers a domain name with a trademark that they do not own with the intention of profiting from the sale of the domain name back to the mark's owner.

Question 5

In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.

Accepted Answer

When a person enters personal information to a banking site online, they should have a reasonable expectation of privacy as banks have an obligation to protect customer confidentiality and ensure the security of their data. This is typically achieved through robust security protocols and encryption measures. However, it is also important for individuals to take their own measures to protect their privacy, such as keeping their login details confidential and only accessing banking sites from secure devices and networks.

Question 6

An online retailer can track a user's web activities with cookies without violating the person's right to privacy.

Accepted Answer

Generally, the use of cookies by online retailers is considered legal and does not violate a person's right to privacy as long as the retailer provides the necessary information about the use of cookies and obtains the user's consent. However, there are certain types of cookies, such as those that track sensitive information like health or financial data, which may require stricter consent and privacy measures.

Question 7

State law may protect individuals from having to disclose their social media passwords to potential employers.

Accepted Answer

Many states have enacted laws that prohibit employers from requiring applicants or employees to provide access to their social media accounts or passwords. These laws vary in their scope and provisions, but generally aim to protect the privacy and freedom of expression of individuals in their personal online activities. It is recommended to check the laws in your specific state to see what protections are available.

Question 8

A company that provides a phone to an employee for business use is prohibited from intercepting personal communications made on it.

Accepted Answer

Under federal law, an employer is prohibited from intercepting personal communications made on a company phone, even if it is provided for business use. However, employers may monitor and track usage of the phone for legitimate business purposes.

Question 9

With respect to spam, thirty-seven states

Accepted Answer

Thirty-seven states have laws in place that either prohibit or regulate spam. This means that businesses and individuals may be restricted in their ability to send unsolicited emails or messages to others, and may be subject to penalties if they violate these laws. While some states may permit spam use by businesses in certain circumstances, this is not the norm and is generally subject to significant limitations and restrictions. No states prescribe the use of spam or preempt federal law on the subject.

Question 10

It is frequently companies, rather than courts, that define the privacy rights of the companies' online users.

Accepted Answer

Companies often have their own privacy policies and terms of service that users agree to when using their online services, which can define the rights and protections afforded to user data. While there are some laws and regulations governing online privacy, companies have significant control over how they collect, use, and protect user data.

Question 11

Because federal wiretapping law was enacted before social media networks existed, it does not apply to communications through social media.

Accepted Answer

This statement is false. Federal wiretapping laws do apply to electronic communications, including those made through social media networks. However, the laws may have limitations or exceptions in certain circumstances.

Question 12

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.

Accepted Answer

Posting statements or photos to a social media site makes them public and accessible to others, reducing the expectation of privacy. However, some privacy settings can limit the visibility of such content to specific individuals or groups.

Question 13

Employers are prohibited from taking actions against employees or applicants based on their social network postings.

Accepted Answer

Employers can take action against employees or applicants based on their social network postings if the content violates company policy, is unlawful, or is deemed inappropriate and relevant to the job or workplace environment. However, there are legal limitations and considerations regarding privacy and discrimination laws.

Question 14

Under the Communications Decency Act, Internet service providers are liable as publishers of defamatory statements that come from a third party.

Accepted Answer

The Communications Decency Act provides immunity (protection from legal liability) to Internet service providers for third-party content published on their platforms. Therefore, ISPs are not liable as publishers of defamatory statements made by third parties.

Question 15

Federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance.

Accepted Answer

According to SEC (Securities and Exchange Commission) guidance, companies can use social media outlets to announce key information in compliance with Regulation Fair Disclosure (Regulation FD) as long as investors have been alerted about which social media will be used to disseminate such information.

Question 16

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

Broadband Inc. is immune from liability under federal law for providing information to the Federal Trade Commission. This immunity is provided under Section 230 of the Communications Decency Act, which shields Internet service providers from liability for content posted by third parties. As long as the information provided by Broadband is not false, the company could not be held liable for any harm caused by the ads originating in a foreign jurisdiction.

Question 17

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law

Accepted Answer

The application of the state's law to Sound's ads is preempted by federal law. Federal law preempts state laws on spam regulations, so Sound Financials Corporation's emails are not subject to the state law in which it is located.

Question 18

Under the First Amendment, every U.S. citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online.

Accepted Answer

The First Amendment does not include a right to be forgotten. Some countries, such as those in the European Union, have adopted such a right under data protection laws, but it does not apply in the United States.

Question 19

An Internet service provider can disclose personal information about its customers only when ordered to do so by a court.

Accepted Answer

This statement is generally true, as ISPs are required to comply with lawful court orders or subpoenas for the disclosure of personal information. However, there are some exceptions where ISPs may voluntarily disclose information in certain situations (e.g. to protect against illegal activities or to enforce the terms of service agreement). It is important to check your ISP's privacy policy and terms of service to understand their policies on disclosure of personal information.

Question 20

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

Accepted Answer

A social media post can potentially violate a non-disclosure agreement included in a settlement agreement, but it cannot invalidate the entire agreement.

Quiz 8: Internet Law, Social Media, and Privacy