Question 1

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

Accepted Answer

When entering personal information on a banking site, the site typically uses encryption and other security measures to protect users' data, creating a reasonable expectation of privacy.

Question 2

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

Accepted Answer

Online conduct can lead to a wide variety of legal actions, including defamation, copyright infringement, privacy breaches, cyberbullying, and contract disputes, among others.

Question 3

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

Volatile's marketing method is prohibited under the CAN-SPAM Act, which prohibits sending unsolicited commercial email to any email address that the sender did not obtain with the recipient's consent.

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

Cybersquatting involves registering, selling, or using a domain name with the intent of profiting from the trademark belonging to someone else, which is what Outsourcing Inc. is doing by offering to sell the domain name to Resourcing LLC.

Question 5

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 for supplying information about possible unfair or deceptive ads to the Federal Trade Commission, as this action is typically protected under federal law, encouraging the reporting of potentially illegal or unethical activities without penalizing the reporting entity.

Question 6

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 7

With respect to spam, thirty-seven states

Accepted Answer

Thirty-seven states prohibit or regulate spam, reflecting a widespread legislative approach to curb unsolicited or harmful electronic communications.

Question 8

A company that provides a phone to an employee for business use is not prohibited from intercepting personal communications made on it.

Accepted Answer

In many jurisdictions, employers must respect the privacy of personal communications, even on company-provided devices, unless specific consent is given by the employee for monitoring or interception.

Question 9

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

Accepted Answer

The SEC (Securities and Exchange Commission) has provided guidance that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure (Reg FD) as long as investors have been alerted about which social media will be used to disseminate such information.

Question 10

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

Under the CAN-SPAM Act, a federal law, the application of state laws that directly regulate the sending of commercial emails is generally preempted. This means that the federal law overrides state laws in this area, except for provisions that prohibit falsity and deception in emails, which states can still regulate.

Question 11

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

Accepted Answer

The question states that the Internet service provider can disclose personal information about its customers only when ordered to do so by a court. This means that the Internet service provider cannot disclose personal information about its customers without a court order.

Question 12

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

Accepted Answer

Many states in the U.S. have enacted laws that prohibit employers from requesting or requiring employees or job applicants to disclose their social media account passwords as a condition of employment.

Question 13

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 (Section 230) provides immunity to Internet service providers from being treated as publishers, and therefore they are not liable for information provided by a third party.

Question 14

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

Accepted Answer

A social media post can potentially be used as evidence to invalidate a settlement agreement if it proves that the terms of the agreement were breached or if it reveals fraud, misrepresentation, or other factors that could legally undermine the agreement.

Question 15

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

Accepted Answer

Cookies are a common method used by websites to track user activities, such as session management, personalization, and tracking for advertising purposes. Their use is generally considered legal if the website provides clear information about their cookie practices and obtains user consent where required by law, thus not inherently violating the person's right to privacy.

Question 16

The Federal Trade Commission can effectively force a private company to consent to the agency's review of the company's privacy and data practices.

Accepted Answer

The Federal Trade Commission (FTC) has the authority to investigate and enforce against unfair or deceptive practices in the marketplace, including those related to privacy and data security. If the FTC believes a company is not complying with the law, it can use its enforcement powers to compel the company to agree to a consent decree, which often includes requirements for the company to change its practices and submit to regular reviews.

Question 17

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 "right to be forgotten" is not a right provided under the First Amendment of the U.S. Constitution. The First Amendment primarily deals with freedoms concerning religion, expression, assembly, and the right to petition. The concept of a "right to be forgotten" is more closely associated with privacy laws in the European Union, specifically under the General Data Protection Regulation (GDPR).

Question 18

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

Accepted Answer

Federal wiretapping laws, such as those outlined in the Electronic Communications Privacy Act (ECPA) of 1986, have been interpreted and updated to cover a broad range of electronic communications, including those made through social media networks.

Question 19

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

Accepted Answer

When posting statements or photos to a public social media site, users often relinquish some level of privacy, as these posts can be seen, shared, or collected by others, including third parties and the platform itself.

Question 20

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.

Quiz 9: Internet Law Social Media and Privacy