Deck 50: Torts and Crimes

Question 1

The existence of an ethical duty on the part of Commerce & Trade Company, and other businesses, to prevent an attack by hackers on business computer systems, and consequent theft of customers' and employees' personal data, is evidenced by

A)a business's offer of credit monitoring in the event of a breach.
B)a business's cyber security insurance.
C)the individuals' trust in the business to protect their data.
D)a business's stated "Privacy Policy."

Answer 1

A

Question 2

Yun Ltd. circumvents the anti-cheating code of Zen LLC's free online video game to learn how to automate gameplay to perform with enhanced accuracy. Yun's site sells the knowledge to players who can then outplay less-informed players. Yun most likely violated the Digital Millennium Copyright Act by

A)circumventing the anti-cheating code of Zen's game.
B)developing a technique for gaining a gameplay advantage.
C)selling a technique for gaining a gameplay advantage.
D)none of the choices-Zen's online game is free.

Answer 2

A

Question 3

The intentional use of electronic communications systems to place another in reasonable fear of death or serious bodily injury is a crime under

A)federal cyberstalking law.
B)states' enactment of the Model Penal Code.
C)local service provider rules.
D)no U.S. law.

Answer 3

A

Question 4

Han and Ivy take photos of themselves in intimate moments. When their relationship ends, Han posts the photos online without Ivy's consent in an attempt to humiliate her. This is a crime in

A)a handful of states.
B)all states.
C)most states.
D)no state.

Question 5

When a registered trademark is infringed to sell a product, the owner of the mark can succeed in an action against the infringer on showing that the defendant's use of the mark

A)made it hard for consumers to distinguish between the parties' products.
B)was intentional.
C)ran contrary to the terms of the owner's registration of the mark.
D)created no consumer confusion about the defendant's products.

Question 6

Hackers infiltrate the computer system of Metro Bank and steal the personal information of Metro's customers and employees. Individuals whose personal information is involved in the breach should be notified, as required by law in

A)all states.
B)forty-seven states.
C)no state.
D)one state-California.

Question 7

Sending a strobe-light image within a tweet that induces a seizure in an epileptic recipient could subject its sender to arrest

A)if the tweet was part of a legal duty to perform a certain act.
B)if the sender acted with the specific intent to induce the seizure.
C)if the recipient had not acted to motivate the sender to send the tweet.
D)under no circumstances.

Question 8

Hackers infiltrate the computer system of ChemCo Inc. and steal the company's trade secrets. If the hackers can be identified, they can be

A)charged with unauthorized access of protected computers.
B)subject to civil sanctions, but no criminal penalties.
C)subject to a suit by the Federal Trade Commission.
D)included on a "watch list" but no other sanctions are currently possible.

Question 9

Libby and Marco take photos of themselves in intimate moments. When their relationship ends, Marco posts the photos online without Libby's consent in an attempt to humiliate her. Included with the photos are Libby's name, Facebook page, address, workplace, and phone number. This could be a ground for a civil suit on the basis of

A)defamation.
B)false imprisonment.
C)invasion of privacy.
D)no traditional tort theory.

Question 10

Without authorization, Wei LLC copies Xi Inc.'s free online video game-its champions, their abilities, the sound effects, and the icons-and markets the copy under different names. Xi copies its own game to produce and sell a version for mobile platforms. Copyright issues are most likely to arise with

A)Wei's copy of Xi's characters, settings, stories, and sounds.
B)the video gameplay of Wei's copy of Xi's game.
C)Xi's copy of its own free game to sell.
D)none of the choices-Xi's online game is free.

Question 11

USA Sales Company publishes a "Privacy Policy" to attract customers, but fails to invest adequate resources in cyber security. A lack of security that allows hackers to steal customers' personal data from a business's computer system can be

A)the hackers' defense to criminal charges.
B)the ground for a suit by the Federal Trade Commission.
C)the basis for USA's recovery under a traditional insurance policy.
D)a source of bad publicity, but there are no other consequences.

Question 12

Opiate Company markets a product using a trademark of Pharma Ltd. that is not registered in this country and has never otherwise been used here. Pharma did not authorize Opiate's use. Under the Lanham Act, Pharma can

A)bring an action against Opiate.
B)use any non-U.S. trademark of Opiate to sell a product in this country.
C)not use the mark because Opiate's use takes precedence.
D)none of the choices.