Deck 11: E-Commerce and Digital Law

Question 1

A license is a contract that transfers complete rights in intellectual property and informational rights.

Answer 1

False

Question 2

Data and software do not constitute intellectual property or information rights.

Answer 2

False

Question 3

The UCITA makes it illegal to access another person's stored e-mail.

Answer 3

False

Question 4

ISPs are not liable for the content transmitted over their networks by e-mail users and websites.

Question 5

Parties enter into an electronic mail contract by the use of e-mail.

Question 6

Counteroffers are not effective against electronic agents.

Question 7

The CAN-SPAM Act does not can spam but instead approves businesses to use spam as long as they do not lie.

Question 8

The term ISP refers to users who disguise computer viruses as executable programs and send them across the Internet.

Question 9

ISPs provide e-mail accounts to users, Internet access, and storage on the Internet.

Question 10

The .org domain name extension represents a resource website.

Question 11

A network extension is a unique name that identifies an individual's or company's website.

Question 12

The ECPA provides that stored electronic communications may be accessed by the party or entity providing the electronic communication service.

Question 13

Data and software do not constitute intellectual property or information rights.

Question 14

The World Wide Web consists of computers that support a standard set of rules for the exchange of information called File Transfer Protocol.

Question 15

The CAN-SPAM Act requires spammers to label sexually oriented e-mail as such.

Question 16

The E-SIGN Act is a not a federal statute and state legislatures are required to adopt it in order for it to become state law.

Question 17

The CAN-SPAM Act does not regulate spam sent to Americans from other countries.

Question 18

E-mail contracts need not meet the Statute of Frauds requirements as long as they meet UCITA guidelines.

Question 19

A licensee is a party who is granted limited rights in intellectual property or informational rights owned by another person or company.

Question 20

If Jim purchases an online license for a computer game, he is an e-licensor.

Question 21

What does the Communications Decency Act of 1996 provide?

A) Businesses can send spam e-mails, as long as they don't lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited e-mails.
D) The number of servers an ISP can access in a geographical location is limited.

Question 22

Which of the following is an example of an e-signature?

A) using a credit card at the supermarket to pay for groceries
B) using a debit card to fill gas as the local gas station
C) ordering Chinese food over the phone and paying with a credit card
D) paying the electric bill online using a smart card

Question 23

Which of the following best describes the World Wide Web?

A) a connection of millions of computers that support a standard set of rules for the exchange of information
B) a network of millions of smaller networks, each with an independent set of standards
C) a connection of millions of computers across the world with no specific standards or time constraints for exchange of data
D) a world-wide network of millions of smaller networks with a different standard of information exchange in each country

Question 24

The Anticybersquatting Consumer Protection Act is a federal statute that makes online impersonation of another person, misrepresentation of another person, business or organization using inappropriate words, imagery or other media illegal.

Question 25

Which of the following statements is true of e-mail contracts?

A) All e-mail contracts require consideration, capacity and lawful object.
B) E-mail contracts are exempted from the requirements of the Statute of Frauds.
C) E-mail contracts are enforceable even if they don't meet the requirements of a traditional contract.
D) Several e-mails cannot be integrated to determine the parties' agreement.

Question 26

The .biz extension is used for large-business and corporate websites.

Question 27

The ACPA is federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.

Question 28

LetsConnect is a three-month-old Internet service provider in the U.S.A. In the last two months, it was discovered that several LetsConnect users exchanged online material that is illegal in the United States. The ISP took no measures to investigate the matter or prevent it. Which of the following is true of this case?

A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.

Question 29

Most web pages use electronic ordering systems that do not have the ability to evaluate and accept ________.

A) counteroffers
B) e-licenses
C) e-signatures
D) biometric data

Question 30

The ________ recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.

A) Uniform Commercial Code
B) Uniform Computer Information Transactions Act
C) E-SIGN Act
D) Communications Decency Act

Question 31

Which of the following is true of e-commerce?

A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) A web-contract is not binding, as opposed to an e-mail contract.
D) Services can be listed for sale on websites.

Question 32

The computers that constitute the World Wide Web use a standard set of rules known as ________ for the exchange of information.

A) POP
B) POP3
C) HTTP
D) IMAP

Question 33

A(n)________ refers to a contract that is entered into by the parties by use of e-mail.

A) web contract
B) online contract
C) e-mail contract
D) ISP contract

Question 34

Which of the following is true of the CAN-SPAM Act?

A) It regards spam e-mail as a punishable offence.
B) It prohibits spammers from sending sexually-explicit e-mail.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.

Question 35

Jessica wants to buy a laptop from the Tell Computers website. Before confirming the purchase, the website asks her to provide biometric identification using an electronic scanner. This is an example of ________.

A) e-licensing
B) e-signature
C) exclusive license
D) cybersquatting

Question 36

What does the E-SIGN Act provide?

A) Contracts delivered electronically are denied effect.
B) Electronic records can be sent to consumers who make a purchase, without their specific consent to receiving the record.
C) An e-signature is treated equal to a pen-and-paper signature.
D) Only smart card verification creates a legally binding signature in cyberspace.

Question 37

.bz is a restricted domain extension and can only be used by businesses or organizations in Brazil.

Question 38

Which of the following is true of the World Wide Web?

A) Only businesses-not individuals-can have their own websites.
B) Individuals need not register with a service provider to access the web.
C) A website can have several online addresses.
D) Web pages are stored on servers which are operated by Internet service providers.

Question 39

Barney wants to rent an apartment and posts an advertisement in a classifieds website. Two days later, Michael, who wants to rent out his apartment e-mails Barney and they finalize the deal over the internet. Barney pays Michael through an online transfer. This is an instance of ________.

A) e-licensing
B) e-commerce
C) cybersquatting
D) licensing agreement

Question 40

Registering a domain name of another party's trademarked name or famous person's name is called cybersquatting.

Question 41

A(n)________ refers to a contract that transfers limited rights in intellectual property and informational rights.

A) contract
B) tender
C) license
D) domain name

Question 42

The ________ establishes a uniform and comprehensive set of rules that govern the creation, performance, and enforcement for computer information transactions.

A) CAN-SPAM Act
B) UCITA
C) ECPA
D) ACPA

Question 43

A(n)________ is a contract whereby the owner of software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.

A) e-license
B) Terms of Service document
C) domain
D) digital signature

Question 44

What is an exclusive license?

A) a license that grants access to exclusive information for a limited period
B) a license that restricts the licensee to some information only
C) a license that is granted to only one party for a specific period
D) a license that grants access to exclusive intellectual property

Question 45

A(n)________ is an owner of intellectual property or informational rights who transfers rights in the property or information to another party.

A) lessor
B) lessee
C) licensee
D) licensor

Question 46

Jonathan Smith, a neurosurgeon in Oregon, wants to start a website that makes it possible for neurosurgeons across the world to work on cases in collaboration. Which of the following domain extensions is most apt for Smith's website?

A) )com
B) )org
C) )edu
D) )pro

Question 47

Which of the following is true of the UCITA?

A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It establishes the Statute of Frauds for all online content.
C) It aims at eliminating all domain names registered in bad faith.
D) It becomes law only when a state legislature enacts it as a statute.

Question 48

A(n)________ uniquely identifies an individual's or company's website.

A) e-signature
B) digital footprint
C) e-mail address
D) domain name

Question 49

A(n)________ refers to a party who is granted limited rights in or access to intellectual property or informational rights owned by another party.

A) lessor
B) lessee
C) licensee
D) licensor

Question 50

The ________ issued new rules that permit a party to register a domain name with new TLD suffixes that are personalized.

A) UCITA
B) ACPA
C) ICANN
D) ECPA

Question 51

Which of the following domain extensions signifies a resource website?

A) )com
B) )org
C) )edu
D) )info

Question 52

Who among the following can access Henry's stored electronic communications without violating the ECPA?

A) Henry's colleague at work, who is working on the same project as Henry and needs information.
B) Henry's wife who suspects him of cheating on her.
C) Henry's boss who suspects him of leaking confidential information.
D) Henry's personal finance advisor who wants to see if he has sufficient funds to make an investment.

Question 53

While downloading a license to a software program, Harriet reads the Terms of Agreement document which states that the company is not liable for any unforeseen damages that arise from the software. Harriet clicks on "Accept" and continues to install the program. The document is an example of a ________.

A) digital signature
B) digital identification
C) licensing agreement
D) implicit contract

Question 54

Which of the following does the ECPA provide?

A) Businesses are allowed send spam e-mails, as long as they do not lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
C) An e-signature is as effective as a pen-and-paper signature.
D) It is a crime to intercept an electronic communication at the point of transmission.

Question 55

Which of the following is true of a license?

A) A license grants the licensee complete control over intellectual property.
B) An exclusive license is granted to only one licensee for a specific period.
C) A licensee has complete control over the information he or she is allowed to access.
D) A licensee has the right to use information rights beyond the licensor's control that are necessary to exercise the expressly described rights.

Question 56

________ is the most widely used domain extension in the world.

A) )net
B) )com
C) )biz
D) )org

Question 57

What is the first step in registering a domain name?

A) determining whether any other party already owns the name
B) determining if the name does justice to the image of the company or individual
C) finding an extension that attracts maximum web traffic
D) enrolling with a service provider to host the website

Question 58

KCube Multimedia launches a new game. It permits Ken to download, install and play the game for three months. This is an instance of ________.

A) e-license
B) contract
C) domain name registration
D) digital signature

Question 59

The ________ is a federal statute that makes it a crime to intercept an electronic communication at the point of transmission, while in transit, when stored by a router or server, or after receipt by intended recipient.

A) UCITA
B) ECPA
C) ACPA
D) ICANN

Question 60

The ________ is a federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.

A) UCITA
B) ACPA
C) ICANN
D) ECPA

Question 61

How does an electronic agent react to a counteroffer? Explain with an illustration.

Question 62

The ________ is a model state law that creates contract law for the licensing of information technology rights.

Question 63

A(n)________ refers to a contract whereby the owner of software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.

Question 64

The ________ makes it a crime to intercept an electronic communication at the point of transmission, while in transit, when stored by a router or on a server, or after receipt by the intended recipient.

Question 65

The term ________ refers an owner of intellectual property or informational rights who transfers rights in the property or information to another party.

Question 66

Registering a domain name of another party's trademarked name or famous person's name in bad faith is called ________.

Question 67

The World Wide Web consists of millions of computers that support a standard set of rules called ________ for the exchange of information.

Question 68

A(n)________ is any computer system that has been established by a seller to accept orders.

Question 69

The ________ provides that Internet service providers are not liable for the content transmitted over their networks by e-mail users and websites.

Question 70

The ________ gives an e-signature the same force and effect as a pen-inscribed signature on paper.

Question 71

The term ________ refers to a party who is granted limited rights in or access to intellectual property or informational rights owned by a licensor.

Question 72

The ________ permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.

Question 73

The ________ is an electronic connection of millions of computers that support a standard set of rules for the exchange of information.

Question 74

What is cybersquatting? Can trademark owners recover domain names registered in bad faith?

Question 75

What measures has Congress taken to regulate spam e-mail?

Question 76

A(n)________ grants the licensee exclusive rights to use informational rights for a specified duration.

Question 77

Joan reads e-mails from Harold's personal e-mail folder. Which statute has Joan violated and why? Under what circumstances is she permitted to read Harold's e-mail?

Question 78

Explain in brief the working of an e-license.

Question 79

________ are state laws that require certain types of contracts to be in writing.

Question 80

The ________ is a federal statute that places certain restrictions on persons and businesses that send unsolicited commercial advertising to e-mail accounts, prohibits falsified headers, prohibits deceptive subject lines, and requires spammers to label sexually oriented e-mail as such.