Question 1

Which of the following statements correctly illustrate a legal signature for online commercial transactions?

Accepted Answer

Attaching an electronic signature to an electronic document is a legally recognized form of signature for online commercial transactions. This can be done through various methods, such as using a digital certificate, typing your name into a designated signature field, or even signing with a stylus on a touch screen device. The other options listed do not qualify as legal signatures for online commercial transactions.

Question 2

With regards to the Ontario Consumer Protection Act , which of the following statements is true

Accepted Answer

The Ontario Consumer Protection Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located in Ontario at the time of the transaction. This means that the Act only applies to transactions that take place within the province of Ontario.

Question 3

With regards to internet jurisdiction, which of the following statements is true?

Accepted Answer

Canadian courts have established the principle of a real and substantial connection, which means they are willing to find jurisdiction where there is a degree of interactivity and substantial connection between the act complained of and the province. Option A is not entirely true since some jurisdictions have passed long-arm statutes that allow them to take jurisdiction over non-residents. Option C is also incorrect since there is no global consensus on internet jurisdiction, and laws may vary from one jurisdiction to another. Option D is false since there are still debates and difficulties in determining what laws apply to the internet and internet transactions. Option E is too restrictive since jurisdiction can be established beyond a person's residence and direct involvement.

Question 4

With regards to the internet, which of the following statements is true?

Accepted Answer

While there are laws that apply to the internet and online transactions, the enforcement of those laws can be difficult due to jurisdictional issues and the global nature of the internet.

Question 5

With regards to the National Do Not Call List registry (National DNCL), which of the following statements is true

Accepted Answer

Option B is true. The National Do Not Call List (National DNCL) is a registry that provides consumers with the opportunity to reduce the number of unsolicited telemarketing calls they receive by registering their home phone, wireless, fax, or VoIP telephone numbers on the National DNCL. While it does not eliminate all telemarketing calls, it does reduce the number of calls from legitimate telemarketers. Consumers must re-register every three years to remain on the list. Option A is incorrect because registration is required every three years. Option C is incorrect because telemarketers must subscribe to and pay fees to the National DNCL, but the responsibility for compliance with the National DNCL rules ultimately lies with the telemarketers themselves. Option D and Option E are both incorrect because the National DNCL only applies to telemarketing calls and not to pop-up ads or bulk email.

Question 6

With regards to internet jurisdiction, the courts have identified eight factors in determining a real or substantial connection. Which of the following statements is false?

Accepted Answer

The statement "The courts will not consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere" is false. In fact, the courts will consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere as one of the factors in determining jurisdiction.

Question 7

The objective, in Canada, of the Uniform Electronic Commerce Act (UECA) is primarily:

Accepted Answer

The UECA aims to make electronic documents and signatures as legally binding on parties as written ones, to facilitate electronic commerce and ensure legal certainty for electronic transactions. It does not address privacy violations or restrict online gambling or pornography, nor does it provide remedies specifically for abuses by offshore enterprises.

Question 8

You decide to register a domain name "Delicious_breads_R_us.com", although you neither own a bakery nor any legitimate use for the domain name. Subsequently you receive a complaint alleging that you have registered the name in bad faith. The complainant does not hold a registered trademark in the name nor do they have a domain name registered, but they have used the business name "Breads R Us" for many years. Which of the following statements is true?

Accepted Answer

The fact that you do not have any legitimate use for the domain name and have registered it in bad faith means that you are a cybersquatter. Even though the complainant does not have a registered trademark or domain name in the name "Delicious_breads_R_us.com", the fact that they have been using the business name "Breads R Us" for many years gives them a legitimate claim against your registration of the domain name.

Question 9

Which of the following statements regarding online transactions is true?

Accepted Answer

Clicking an "I Accept" button has been widely recognized as a valid method of indicating acceptance of the terms of an agreement. The use of electronic signatures is also effective in determining the capacity of the parties entering into a contract. Common law has established the equivalency of electronic documents to written ones, and the post box rule typically applies only to non-instantaneous methods of communication. Conducting transactions online does not negate the need to satisfy the normal requirements of a contract.

Question 10

When a business or employer provides access to their website for discussion forums, the following statement is correct.

Accepted Answer

The business or employer may be held liable for any defamation or otherwise offensive statements made by its employees. Since the discussion forums are provided by the employer, they have a responsibility to monitor the content posted by their employees and take action if necessary. It is important for businesses to have clear policies in place regarding acceptable online behavior to minimize the risk of liability.

Question 11

Electronic commerce (E-commerce) legislation consists of:

Accepted Answer

The answer of Electronic commerce (E-commerce) legislation consists of:
...

Question 12

When a judgment is obtained against a foreign service provider, which of the following statements is true

Accepted Answer

If the service provider has assets in the foreign jurisdiction or if there are treaties in place to allow for enforcement, enforcement remains a substantial threat, but generally only if the conduct complained of is actionable in both jurisdictions. This means that if the conduct complained of is not actionable in the foreign jurisdiction, the judgment may not be enforceable.

Question 13

Which of the following statements would be true with regards to the Uniform Electronic Commerce Act (UECA)?

Accepted Answer

The answer of Which of the following statements would be...

Question 14

A Canadian company published an article on the internet defaming an Australian resident. The Australian resident brought action against the Canadian company. With regards to internet jurisdiction, which of the following statements is true

Accepted Answer

The harm was done in Australia and there is a clear connection between the plaintiff and that country. Therefore, the case would be heard in an Australian court. Choice A is incorrect because a third neutral country would not be appropriate if there is a clear connection to another jurisdiction. Choice B is incorrect because ignorance of laws in other jurisdictions is not a defense for committing a tortious act. Choice C is incorrect because convenience is not the determining factor for jurisdiction. Choice D is incorrect because the harm was done in Australia, which creates a connection to that country.

Question 15

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?

Accepted Answer

The answer of Which of the following statements are relevant...

Question 16

Which of the following statements regarding the registration of domain names and trademarks is true

Accepted Answer

Registering a domain name does not give any rights to use a trademark, and trademark infringement can still occur even if one has registered a domain name.

Question 17

Joe sends Sanjay an offer via email from his Toronto office. The offer contains a provision indicating the offer expires at 5:00 PM Toronto time. Sanjay, who lives in Vancouver, replies accepting Joe's offer at 4:00 PM Vancouver time. Joe received Sanjay's email acceptance at 9:00 AM the next day. Which of the following statements is true? (Note the three hour time difference between Toronto and Vancouver)

Accepted Answer

The answer of Joe sends Sanjay an offer via email...

Question 18

In the context of employment and use of the Internet, which of the following is true?

Accepted Answer

Employers can be held responsible for their employees' actions, including misuse of the internet, if they have not taken reasonable steps to prevent it. It is important for employers to have clear policies in place and to monitor usage to avoid liability. While it is not necessarily illegal to view an employee's Facebook account, it may violate their privacy and could have legal repercussions depending on the circumstances. Encouraging email over other forms of communication is subjective and depends on the situation. Lastly, employers may be required to notify employees of monitoring depending on local laws and regulations.

Question 19

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer, before the consumer enters into an internet agreement, detailed information including which of the following statements:

Accepted Answer

All of the statements listed are required to be disclosed to the consumer before entering into an internet agreement according to the Ontario Consumer Protection Act.

Question 20

Which of the following statements regarding cybersquatting is true

Accepted Answer

Cybersquatting involves registering domain names that are similar to existing ones with the intention of selling them to others or redirecting visitors to competing businesses. It is not a legitimate practice and is often a violation of trademark laws. The other statements are false. Businesses are not necessarily entitled to their own unique domain name regardless of who registered it first, and there are legal remedies available to businesses whose names have been wrongly appropriated by others. Similarly, registration of a domain name does not preclude others from registering similar names, though intentionally confusing names may be legally problematic.

Quiz 14: Information Technology and the Internet