Question 1

Which of the following statements with regard to defamation over the internet is true.

Accepted Answer

Defamation over the internet is typically considered libel, as it involves written statements.

Question 2

Gordon invented a solution that dissolved the residue of tape that remained on walls after the removal of notices,pictures,etc.He kept his formula secret,but wasn't yet interested in marketing it,just in improving it.Gordon's only employee,Thad,who had signed a contract to work until July 1,2011,was offered a job by Mr.Barr,who would pay him twice his salary if Thad would leave Gordon right away and bring Gordon's secret formula with him.Because Thad was upset by Gordon's lack of interest in marketing his product,he did copy the formula,quit,and began working for Barr,who marketed the solution.Given these facts,which of the following is false?

Accepted Answer

Gordon may not be able to get an injunction to stop Barr from marketing the product because he did not steal the formula, but he could still sue for inducing breach of contract or for other damages. However, the statement that "Gordon could not get an injunction" is false.

Question 3

Which of the following statements regarding online transactions is false?

Accepted Answer

Conducting transactions online does not negate the need to satisfy the normal requirements of a contract, such as offer, acceptance, consideration, and legal capacity. Online transactions are subject to the same legal principles as transactions conducted offline.

Question 4

Which of the following is not a common internet or computer-related offence?

Accepted Answer

Trespass is a legal term that refers to entering someone's property without permission or authority. Though it is a legal offence, it is not directly related to the internet or computer-use. All the other options listed involve online activities that are illegal and punishable by law.

Question 5

Grant and Shawna developed a new and exciting invention which they called the "Zlackerblogf." They incorporated "Zlackerblogf Industries Ltd." to be responsible for the manufacture and sale of this revolutionary new product.After years of success,they decided to sell their product online.When time came to register zlackerblogf.com,however,they discovered that the domain name had already been taken by Curlicue Developments Inc.,a major competitor.Which of the following is true?

Accepted Answer

The dispute over the domain name can be dealt with by dispute resolution mechanisms like Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the World Intellectual Property Organization (WIPO) which are in place to resolve domain name conflicts.

Question 6

Craig,a Canadian resident,has decided to create a website offering products and services to consumers in certain European markets.Which of the following is true with respect to the jurisdictional issues that arise?

Accepted Answer

When doing business in other jurisdictions, it is important to abide by the laws of those jurisdictions. Simply following the rules of one's own jurisdiction may not be sufficient. Therefore, the laws of the European markets where Craig is operating will apply to the transactions unless it is otherwise stated in the contract. Disclaimers on Craig's website may not protect him if the content of his website is deemed to be an offence in the European markets. Craig could be prosecuted for an activity that is against the law in a European jurisdiction, even if it is acceptable in Canada. Lastly, "conflict of laws" refers to the legal issue that arises when laws in different jurisdictions conflict, and it is not relevant to this situation.

Question 7

Which of the following is true with respect to privacy law in Canada?

Accepted Answer

Organizations in the private sector are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA), which sets out rules for the collection, use, and disclosure of personal information. While privacy protection can also be found in common law, PIPEDA is a federal law that applies to all organizations engaged in commercial activities, unless they are located in provinces that have enacted their own substantially similar privacy legislation. The power to enact privacy legislation is shared between the federal and provincial/territorial governments. Voluntary privacy protection may be helpful, but it is not a substitute for legal protections under PIPEDA or other privacy laws. PIPEDA applies to both private sector organizations and government institutions.

Question 8

Which of the following is true with respect to the application of contract law to the internet?

Accepted Answer

Many jurisdictions have passed legislation that recognizes electronic communications as the equivalent of written documents for legal purposes. This includes the United States' Electronic Signatures in Global and National Commerce Act (ESIGN) and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). The Uniform Electronic Transactions Act (UETA) is another law that establishes the legal equivalence of electronic records and signatures to their paper-based counterparts.

Question 9

Which of the following is true with respect to the application of intellectual property law to the internet?

Accepted Answer

In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. This is known as the Integrated Circuit Topography Act.

Question 10

Which of the following is true with respect to the application of tort law to the internet?

Accepted Answer

The principle of defamation will apply to the internet just like any other form of communication, but the problems of jurisdiction and whom to sue will create significant obstacles. While tort law may need to be adapted to account for the unique nature of the internet, it is unlikely that the court system will simply ignore the harm caused by online behavior. However, given the global nature of the internet, it can be difficult to determine which laws apply and in which jurisdiction a lawsuit should be filed.

Question 11

In the context of employment and use of the internet,which of the following is false?

Accepted Answer

Email is not inherently private and can be accessed and monitored by employers. Therefore, it is not necessarily preferable over other forms of communication in terms of privacy.

Question 12

Deceitful practices and fraud are ongoing concerns for those transacting business on the internet.Pat has recently been the victim of such a scam.He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions.Which of the following statements is correct?

Accepted Answer

Provincial securities regulations apply to internet trades, and amendments may be made to address electronic trading specifically.

Question 13

Naxon opened a retail computer shop which he called Computer Haven Ltd.He used colours and signs similar to those used by Computerheaven Ltd.,a very successful computer store 5 kilometres away.After Naxon was in business for about five months,the directors of Computerheaven Ltd.noticed that their sales had dropped.On these facts,which of the following is true?

Accepted Answer

Computerheaven could successfully sue Naxon for the tort of passing off if it can prove that the name, signs, and colours used by Naxon were likely to mislead the public. Passing off is a common law tort designed to protect the goodwill and reputation of a trader in his trading activities. The tort of passing off involves a trader misrepresenting or passing off their goods or services as those of another. In this case, Naxon's use of similar signs and colours to Computerheaven could mislead the public into thinking that they are associated with or endorsed by Computerheaven.

Question 14

Which of the following is true with respect to the application of contract law to the internet?

Accepted Answer

Clicking an "I Accept" button on a website is now considered to be legally binding as it serves as evidence of the intention to be bound by the terms of the contract. This has been established by various court rulings and is known as the "clickwrap" agreement. The other options are not entirely accurate. Option A is true for traditional contracts but not limited to the internet. The postbox rule (Option C) applies to postal communications only. Option D is incorrect as many jurisdictions have passed legislation recognizing electronic communications as the equivalent of written documents for legal purposes. Option E is incorrect as the Uniform Electronic Commerce Act is not in effect throughout all of Canada.

Question 15

While at work,Neil would spend a considerable amount of time on the internet.After multiple warnings,Neil was fired from his job as a result.To get back at his boss,Neil anonymously posted several untrue and offensive messages about his boss to an internet discussion board frequently visited by his employer's customers and suppliers.Which of the following is true?

Accepted Answer

While Neil posted the messages anonymously, his internet service provider may be forced to reveal his identity and the source of the postings if legal action is taken. This is because the internet service provider has access to this information, and can be compelled to disclose it in court. Additionally, Neil himself may also be held liable for defamation, as he is the one who authored and published the offensive material. It is worth noting that the internet is not entirely unregulated, and there are laws in place to protect people from online harassment and defamation. Finally, the internet service provider may have an obligation to remove the offensive messages under certain circumstances, such as when they are notified of their existence by a concerned party. However, this does not necessarily violate the principle of free speech, as there may be legitimate reasons for removing such content.

Question 16

Which of the following is false with respect to the application of tort law to the internet?

Accepted Answer

It is not necessarily true that courts will be unwilling to expand existing tort law to encompass new technologies. In fact, courts have already applied traditional tort principles to internet-related cases, such as those involving defamation or invasion of privacy. However, as technology continues to evolve, there may be a need for statutory changes or updates to the common law. Options A, C, D, and E are generally true statements about the application of tort law to the internet.

Question 17

Tracey is concerned that her emails may be read by third parties and that her internet surfing is being tracked by businesses hoping to use the information to inundate her with unsolicited email advertising.She is also convinced that embedded software devices on her computer give others the ability to access her private information.Her friends think she is just being paranoid.Which of the following is true in respect of privacy on the internet?

Accepted Answer

Unauthorized interception of communications between individuals is now a criminal offense in Canada as per the Canadian Criminal Code. However, it is still possible for third parties to access and misuse personal information through other means, such as hacking or phishing attacks. Encryption can provide additional security, but it is not foolproof. Therefore, it is not unreasonable for Tracey to be concerned about privacy on the internet. However, it is important to take practical steps to protect personal information, such as using strong passwords and being cautious about what information is shared online.

Question 18

Deceitful practices and fraud are ongoing concerns for those transacting business on the internet.Pat has recently been the victim of such a scam.He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions.Which of the following statements is correct?

Accepted Answer

Provinces in Canada are adopting federal Uniform Electronic Commerce Act guidelines, which provide legal recognition of electronic documents and signatures as well as establish rules for online contracts and other related matters. While there may be some gaps in the legislation, it is being actively developed and implemented to protect consumers in online transactions. None of the other choices accurately reflect the current state of consumer protection laws for online transactions in Canada.

Question 19

Which of the following statements regarding privacy is true?

Accepted Answer

Organizations have the responsibility to protect personal information such as driver's licence information under privacy laws and regulations. Employers can be held liable for employees' privacy violations if they have not taken reasonable steps to prevent them. Credit card and debit card fraud can still occur despite new safeguards, and PIN theft is still a significant issue. Lastly, while 128 bit encryption is secure, wireless networks are not 100% protected against unauthorized access.

Question 20

Chad was the best private detective in the west.His system for tracking persons who have caused themselves to disappear was markedly superior to that of others.Sally,his only assistant,was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses.Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals.Sally and Chad took care that the discussions were understood to be confidential-regarding both the information from the RCMP and from Chad about his methods.Sally was approached by a competitor of Chad,Mr.Adolph,who offered her three times her salary if she would break her contract with Chad,sign with him,and bring him information about Chad's tracking system.After some months,she did just that.Furthermore,she told Adolph the details of the information given to Chad by the RCMP,which caused the RCMP embarrassment,time,and money.Which of the following is false?

Accepted Answer

The information disclosed by Sally to Adolph was not novel know-how that gave the RCMP a competitive edge, therefore the RCMP cannot sue Chad for breach of confidence. The other options are all true. Sally owed a fiduciary duty to Chad as his employee, which included the obligation to keep confidential information confidential. Chad could sue Sally for breach of her employment contract, including the non-disclosure clause. Chad could also sue Adolph for inducing Sally to breach her contract with Chad. Finally, Chad could sue Sally for disclosing confidential information if he had made it clear that the information was confidential and not to be disclosed.

Quiz 14: Information Technology and the Internet

Which of the following statements with regard to defamation over the internet is true.

Which of the following statements regarding online transactions is false?

Which of the following is not a common internet or computer-related offence?

Craig,a Canadian resident,has decided to create a website offering products and services to consumers in certain European markets.Which of the following is true with respect to the jurisdictional issues that arise?

Which of the following is true with respect to privacy law in Canada?

Which of the following is true with respect to the application of contract law to the internet?

Which of the following is true with respect to the application of intellectual property law to the internet?

Which of the following is true with respect to the application of tort law to the internet?

In the context of employment and use of the internet,which of the following is false?

Which of the following is true with respect to the application of contract law to the internet?

Which of the following is false with respect to the application of tort law to the internet?

Which of the following statements regarding privacy is true?