Question 1

Federal wiretapping law covers electronic forms of communication.

Accepted Answer

Federal wiretapping law, also known as the Electronic Communications Privacy Act (ECPA), covers electronic forms of communication such as email, instant messaging, and phone calls that are transmitted over electronic communication systems.

Question 2

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. In those states with antispam laws, federal law

Accepted Answer

Federal law preempts the application of state law to commercial e-mail with certain exceptions. This means that any state antispam laws are subject to federal regulations and may only be enforced to the extent that they are not inconsistent with federal law.

Question 3

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

Accepted Answer

Federal law, specifically the Electronic Communications Privacy Act (ECPA) of 1986, prohibits unauthorized access to stored electronic communications.

Question 4

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 concerning possible unfair or deceptive ads originating in a foreign jurisdiction. This immunity is provided under the Communications Decency Act of 1996, which protects internet service providers from liability for third-party content that they carry or provide access to, as long as the provider does not create or develop the content.

Question 5

To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.

Accepted Answer

This is a basic principle in the law of privacy. A person cannot maintain a lawsuit for invasion of privacy if they did not have a reasonable expectation of privacy in the situation in question. This means that if a person chose to disclose certain information or engage in certain behavior in public or in a location where they had no expectation of privacy, they cannot later claim that their privacy was invaded. However, if they had a legitimate expectation of privacy and that expectation was violated by another party's actions, they may have grounds for a lawsuit.

Question 6

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

Accepted Answer

A social media post can potentially violate a confidentiality clause in a settlement agreement, which could result in the agreement being nullified.

Question 7

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

Accepted Answer

Online defamation involves making false statements about a person on the internet, which can harm their reputation, and it is considered wrong and unlawful.

Question 8

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states

Accepted Answer

According to the fact pattern, Sound Financials Corporation and Instable Investments, Inc. are subject to the laws of the states in which they are located and do business. As 37 states prohibit or regulate the use of spam, it can be inferred that both companies would be subject to such laws in those states.

Question 9

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

Accepted Answer

Employers have the right to establish social media policies for their employees, and violations of these policies may result in termination of employment. However, the policy must comply with relevant laws and regulations, such as protecting employees' rights to engage in protected concerted activity under the National Labor Relations Act.

Question 10

Social media users can post trademarked images or copyrighted materials without infringing the owners' rights, even if it is done without permission.

Accepted Answer

Posting trademarked or copyrighted materials without permission can be considered infringement and could result in legal action taken against the user.

Question 11

Cyber torts are torts that arise from online conduct.

Accepted Answer

Cyber torts refer to legal wrongs that occur in the context of the internet and digital technologies, which can result in harm to individuals or businesses. Examples include defamation, invasion of privacy, and copyright infringement.

Question 12

An internal company network can better protect the company's trade secrets.

Accepted Answer

An internal company network is usually more secure than a public network and can better protect the company's trade secrets from external hackers or data breaches.

Question 13

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

Accepted Answer

This is a classic example of cybersquatting where the party intentionally registers a domain name similar to a well-known trademark with the intention of benefiting from its goodwill or selling it back to the trademark owner at an inflated price.

Question 14

Employees' posts on social media may be protected under labor law.

Accepted Answer

The National Labor Relations Act protects the right of employees to discuss wages, working conditions, and other terms and conditions of employment on social media. Therefore, some employees' posts on social media may be considered protected activity and may be protected under labor law.

Question 15

Federal law prevents a provider of communication services-such as a cell phone company-from divulging private communications to certain entities and individuals.

Accepted Answer

This is true. The Electronic Communications Privacy Act (ECPA) prohibits communication service providers from disclosing certain private communications to third parties, including government entities, without lawful authorization.

Question 16

About half of the states have enacted legislation to protect individuals from having to disclose their social media passwords.

Accepted Answer

As of 2021, approximately 26 states in the US have laws preventing employers or educational institutions from requiring employees or students to disclose their social media passwords.

Question 17

Social media posts are routinely included in discovery in litigation.

Accepted Answer

Social media posts are often considered relevant evidence and may be obtained through discovery in litigation.

Question 18

Federal law permits the intentional interception of any wire, oral, or electronic communication.

Accepted Answer

Federal law prohibits the intentional interception of any wire, oral, or electronic communication unless a warrant is obtained or an exception applies.

Question 19

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

Accepted Answer

Online conduct can give rise to a wide variety of legal actions, including but not limited to, defamation, harassment, cyberstalking, copyright infringement, and privacy violations.

Question 20

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. One of the advertisers-either Sound Financials or Instable Investments-is acting within the bounds of federal law. Federal law permits the sending of

Accepted Answer

The answer of Fact Pattern 9-1​
Sound Financials Corporation sends daily...

Quiz 9: Internet Law, Social Media, and Privacy