Question 1

A document was published by ______________________ in 2011,proposing a unified approached to promote,regulate,and respond to global challenges in online communications.It summarizes and proposes strategies for international policy-making.

Accepted Answer

The Organisation for Economic Co-operation and Development (OECD) published the document "OECD High-Level Meeting on the Internet Economy: Generating Innovation and Growth" in 2011, which proposed a unified approach to promote, regulate, and respond to global challenges in online communications. The document summarizes and proposes strategies for international policy-making.

Question 2

Click Enterprises operated a software and internet business in Ontario to facilitate the illegal copying and downloading of movies in both Canada and the United States.Disney Enterprises brought action against Click in New York.Which of the following statements is true?

Accepted Answer

The fact that Click operated a business that facilitated illegal activity in both Canada and the United States indicates a real and substantial connection between the conduct complained of and New York State. Therefore, an Ontario court would enforce a New York judgment. Option A, B, C and D are incorrect.

Question 3

The internet provides direct and inexpensive access to a massive audience.Which of the following torts are not concerns related to the internet?

Accepted Answer

Conversion is not typically a tort that arises in the context of the internet. It involves the wrongful taking or use of someone else's property, which is not directly related to online communication. Defamation, negligent misstatement, deceit, and nuisance are all torts that may occur in the context of online communication and activity.

Question 4

Which of the following is used to authenticate the identity of a person of a party to an online contract?

Accepted Answer

A digital certificate is an electronic document that verifies the identity of a person or organization. It is issued by a trusted third party and is used to authenticate the identity of a party to an online contract.

Question 5

Because the internet provides direct and inexpensive access to a massive audience,torts involving defamation is a primary concern.Which of the following statements regarding defamation over the internet is false?

Accepted Answer

The statement that the courts are reluctant to create new categories of torts and have been unwilling to consider defamation over the internet is false. In fact, Canadian courts have recognized that defamation can occur over the internet and have developed principles for determining liability and damages in such cases.

Question 6

The Personal Information Protection and Electronic Documents Act (PIPEDA)protects personal information,limits its collection,and provides for limited access where appropriate.

Accepted Answer

PIPEDA is a Canadian law that governs how businesses collect, use, and disclose personal information in the course of commercial activities. Its purpose is to protect personal information by imposing rules on organizations and businesses that handle such data. PIPEDA outlines ten fair information principles that businesses must follow when collecting, using, and disclosing personal information, including obtaining the individual's consent, limiting the collection of data to that which is necessary, and ensuring the information is accurate, up to date, and secure. The law also provides for certain exemptions and exceptions where necessary, such as in cases of law enforcement or national security. Overall, PIPEDA aims to protect individuals' privacy rights while allowing organizations to collect and use personal information for legitimate business purposes.

Question 7

Which of the following statements is true?

Accepted Answer

Online dispute resolution services have been developed and are now available for electronic transactions. This allows parties to resolve disputes in a cost-effective and efficient manner without having to resort to traditional legal channels.

Question 8

While certain online activity may be criminal in Canada,it is usually permitted in the__________ where the operators reside,making enforcement of Canadian laws and extradition impossible.

Accepted Answer

Jurisdiction refers to the legal authority of a government to exercise its power over a particular geographic area, including online activity. If the operators of a website reside in a jurisdiction where certain online activities are legal, then Canadian laws may not apply and enforcement and extradition may be impossible. The internet, society, and company are too broad and not specific enough to describe the issue of jurisdiction in this context.

Question 9

The Personal Information Protection and Electronic Documents Act (PIPEDA)applies only to federal government institutions.

Accepted Answer

PIPEDA applies to all private sector organizations conducting commercial activities in Canada, as well as to federal government institutions.

Question 10

With regard to online contracts,which of the following statements is accurate?

Accepted Answer

Canadian consumers may have to have their claims heard in foreign jurisdictions if the contract includes a jurisdiction clause specifying a foreign location for dispute resolution.

Question 11

An offer accepted on a website or by email will be effective so long as the basic requirements of acceptance are made.Which of the following statements are true?

Accepted Answer

Choice A is not entirely true as a purchaser may not be bound if they did not have notice of certain terms. Choice B is not true as purchasers must typically indicate acceptance of terms and conditions before completing a purchase. Choice D is not true as the contract may be binding before actual delivery of the product. Choice E is not true as the postbox rule of acceptance does not apply to online contracts. However, Choice C is true: clicking the "I Accept" button is typically treated as acceptance of the terms and conditions, akin to removing shrink-wrap on a physical product.

Question 12

Where online business is solicited,________ should be included similar to product warranties,such as: "Void where prohibited by law," or "Only available to residents of Canada."

Accepted Answer

Disclaimers should be included in online business solicitations to limit the seller's liability and inform customers of any restrictions or limitations. Common examples include disclaimers of warranties, limitations on liability, and notices of jurisdiction and applicable laws.

Question 13

Employment with respect to the internet is an important area of concern.Which of the following statements is false?

Accepted Answer

Monitoring employees' email and internet use is not always a violation of the Charter of Rights and Freedoms, as long as it is done for a legitimate business purpose and in a reasonable manner. However, employers must also consider the impact of PIPEDA and ensure they are following the principles of consent and transparency when monitoring employee email. The other statements are true and accurate considerations when it comes to employment and the internet.

Question 14

Jurisdiction with respect to the internet is an important area of concern.Which of the following statements is false?

Accepted Answer

It is not always straightforward to enforce a judgment obtained in one jurisdiction in another, as it depends on various factors such as the laws of the two jurisdictions, the type of dispute, and the availability of reciprocal agreements. Enforcing a foreign judgment may require going through a separate legal process in the second jurisdiction, which can be time-consuming and costly.

Question 15

In an Alberta case,the accused sent "teaser" email on the internet advertising software that could be used to generate "valid" credit card numbers.What did the Court find?

Accepted Answer

The Court found that the accused had knowingly counselled others to commit credit card fraud and that this was sufficient to establish guilty intent. Therefore, option B is the correct answer.

Question 16

Health information is not specifically protected by legislation in any province.

Accepted Answer

Health information is protected by legislation in all provinces and territories in Canada. For example, in Ontario, health information is protected under the Personal Health Information Protection Act (PHIPA).

Question 17

In order to be effective,employers who monitor their employees' use of computers are well-advised to do so secretly,without informing their employees of this practice.

Accepted Answer

Employers are generally advised to inform employees about monitoring to maintain trust, comply with legal requirements, and avoid potential ethical issues.

Question 18

The Personal Information and Protection and Electronic Documents Act (PIPEDA)does not allow employers to monitor employees' email.

Accepted Answer

PIPEDA allows employers to monitor employees' email under certain circumstances, such as when it is necessary for the operation of the business or to investigate a potential breach of contract or law. However, employers must notify employees of this monitoring and limit the collection, use, and disclosure of personal information obtained through email monitoring.

Question 19

Black v.Breeden involved defamation over the internet.According to this case,which of the following is true?

Accepted Answer

The court held that despite the article being published on a U.S. website, Black was able to pursue a defamation action in Ontario because he established a real and substantial connection and his reputation was damaged within Ontario. This indicates that the jurisdiction of a court is not solely dependent on where the defendant or plaintiff resides, but also on other factors such as the damage caused and the connection to the place where the action is being pursued. Therefore, option C is the correct choice.

Question 20

With respect to the online contracts,which of the following statements is true?

Accepted Answer

The Uniform Electronic Commerce Act (UECA) clearly states that an offer may be made and accepted electronically, making statement B true. A is false because an invitation to treat is not the same as an offer. C is partially true, as the communication of acceptance through instantaneous communication can establish a contract, but it is not the only way. D is false as online contracts still require all the essential elements of a contract. E is also false as the legal status of online contracts is determined by statute law, such as the UECA, and not just common law.

Quiz 14: Information Technology and the Internet