Question 1

Under the E-SIGN Act,electronically signed contracts can be denied effect because they are delivered electronically.

Accepted Answer

The E-SIGN Act establishes the legal validity of electronic signatures and documents, and does not allow electronic signatures to be denied legal effect solely because they are delivered electronically.

Question 2

The CAN-SPAM Act allows businesses to use spam and restricts the consumers from opting out of receiving such emails.

Accepted Answer

The CAN-SPAM Act actually sets guidelines for businesses sending commercial emails, and requires them to include an opt-out link or method for recipients. Consumers have the right to request to be removed from a business's email list.

Question 3

It is essential for new domain name registrants to verify whether the name is already registered by another individual or business.

Accepted Answer

It is important for new domain name registrants to conduct a search or check the availability of their desired domain name before registering it, to avoid infringement on someone else's trademark or intellectual property rights.

Question 4

Individuals and businesses use the Internet for communication of information and data.

Accepted Answer

The Internet is commonly used for communication of information and data by individuals and businesses through various means such as email, instant messaging, file sharing, and video conferencing.

Question 5

Any provisions of the UCITA that are preempted by federal law are enforceable by the state law.

Accepted Answer

If any provisions of the UCITA are preempted by federal law, they are not enforceable by state law. Federal law takes precedence over state law in cases of conflict.

Question 6

E-signatures are not as effective as pen-inscribed signatures in enforcing a licensing agreement.

Accepted Answer

E-signatures are legally recognized and enforceable in most jurisdictions, and are often considered more secure and reliable than handwritten signatures. Therefore, they can be just as effective as pen-inscribed signatures in enforcing a licensing agreement.

Question 7

Counteroffers against electronic agents that do not have the ability to evaluate the offer cannot be enforced.

Accepted Answer

Electronic agents without the ability to evaluate an offer cannot accept or reject it, and therefore a counteroffer would be meaningless and unenforceable.

Question 8

Individuals are restricted from registering domain names to use on the Internet.

Accepted Answer

Individuals are allowed to register domain names to use on the Internet. There are some restrictions on certain types of domain names such as those that infringe on trademarks or are considered illegal or abusive, but in general, individuals can register domain names for personal or business use.

Question 9

Any interception of data during transmission is not subject to the regulation of the ECPA.

Accepted Answer

The ECPA (Electronic Communications Privacy Act) includes provisions for intercepting electronic communications during transmission, including wiretapping, under certain circumstances such as law enforcement investigations. However, these interceptions must comply with the provisions and requirements laid out in the ECPA, including obtaining a warrant or court order in most cases. Therefore, intercepting data during transmission is subject to the regulation of the ECPA.

Question 10

The E-SIGN Act recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.

Accepted Answer

The E-SIGN Act does recognize electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.

Question 11

According to the E-SIGN Act,consumers must consent to receiving electronic records and contracts.

Accepted Answer

The E-SIGN Act requires consumers to give their consent before receiving electronic records and contracts.

Question 12

Digital signatures can be used to identify an individual.

Accepted Answer

Digital signatures are based on public-key cryptography, which provides a way to authenticate an individual's identity using a pair of keys: a private key that is kept secret by the signer and a public key that is widely available to verify the signature. The digital signature is created by using the signer's private key to encrypt the message, and anyone can verify the signature by using the signer's public key. As a result, digital signatures can provide a high level of assurance that a message or document was indeed signed by the claimed sender, and that the content has not been tampered with.

Question 13

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.

Accepted Answer

The Electronic Communications Privacy Act (ECPA) prohibits unauthorized access to electronic communications, including emails. Leonard violated the law by accessing Jenny's emails without her permission.

Question 14

Internet domain names are unique for every individual's or business's website.

Accepted Answer

Internet domain names are unique and serve as an exclusive identifier for a website. No two websites can have the same domain name.

Question 15

The UCITA was drafted to address the problems of enforcing e-commerce contracts and providing consumer protection.

Accepted Answer

The Uniform Computer Information Transactions Act (UCITA) was indeed drafted to address the issues of enforcing contracts in e-commerce and protecting consumers.

Question 16

A legally binding signature in cyberspace should be created using only those technologies as defined by the E-SIGN Act.

Accepted Answer

The E-SIGN Act allows for the use of various technologies to create legally binding signatures in cyberspace, not limited to any specific technology, as long as they meet the criteria of being an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

Question 17

Each computer connected to the World Wide Web has a different set of rules for the exchange of information over the Internet.

Accepted Answer

All computers connected to the World Wide Web use a common set of protocols, such as HTTP, HTTPS, and TCP/IP, for the exchange of information over the Internet.

Question 18

The ECPA provides that injured parties may sue for civil damages over violations of the ECPA.

Accepted Answer

The Electronic Communications Privacy Act (ECPA) does provide the right for injured parties to sue for civil damages over violations of the act. This includes unauthorized interception, disclosure, or use of electronic communications or stored electronic communications. Such lawsuits may seek damages, injunctions, and other appropriate relief.

Question 19

Companies that provide businesses and individuals with Internet access are responsible for the content transmitted over their networks.

Accepted Answer

Companies that provide Internet access are not responsible for the content transmitted over their networks. They are only responsible for maintaining the infrastructure and ensuring that the network is available to their customers. However, there are certain legal and regulatory requirements that they must comply with, such as preventing copyright infringement and protecting their customers' privacy.

Question 20

The UCITA statute can be enforced in the event of a contract breach,giving the nonbreaching party the right to recover damages.

Accepted Answer

The UCITA statute includes provisions for the enforcement of contracts and the recovery of damages in the event of a breach by one party.

Quiz 15: Digital Law and E-Commerce