Deck 9: Cyberlaw and Privacy

Question 1

When you shop online, most retailers collect personal information about you.

Answer 1

True

Question 2

At its inception, the Communications Decency Act of 1996 created broad immunity for internet service providers (ISPs)and websites.

Answer 2

True

Question 3

Under the ECPA, any intended recipient has the right to disclose the content of an email.

Answer 3

True

Question 4

Jorgeson Co., on its website, promised the company would not give a customer's personal information to third parties without the customer's consent, but then gave out such information anyway. This practice violates Section 5 of the FTC Act.

Question 5

Spam is illegal per se.

Question 6

What is user-generated content?

A)commercial transactions conducted electronically on the internet
B)unsolicited commercial email
C)anything created and made publicly available by end users
D)large data sets that reveal user patterns, trends, and association

Question 7

After Jan's boyfriend broke up with her, she posted sexually explicit pictures of him on her Facebook page and wrote about how he was a terrible boyfriend. Jan's actions are protected by the First Amendment to the Constitution.

Question 8

The internet of things refers to internet-connected everyday devices, vehicles, and even buildings.

Question 9

The principle of net neutrality asserts that all information contained on the internet should be regulated equally among each of the fifty states.

Question 10

Social media postings, wikis, customer reviews, and blogs are all examples of user-generated content.

Question 11

Burns Medicine Shop developed a website where customers could ask the pharmacists questions and could refill prescriptions online. What statute requires Burns to have and disclose a privacy policy to anyone using the website?

A)the FTC Act
B)the Electronic Communications Privacy Act
C)the Fair Information Practices Act
D)No statutes presently require websites to have or disclose a privacy policy.

Question 12

Data disposal laws require

A)businesses to destroy customer data and maintain reasonable security procedures to guard against theft.
B)senders of promotional emails to offer an opt-in system to recipients.
C)companies to obtain permission from customers before destroying data older than ten years old.
D)businesses to notify individuals who are affected by any incident that results in unauthorized access of data.

Question 13

The Electronic Communications Privacy Act of 1986 is a federal statute that regulates email.

Question 14

Sherry, a 12-year-old, visited a website that wanted to know her family size, her parents' educational level, and her weekly allowance. The site also asked Sherry's name, mailing and email addresses, and age.

A)Under COPPA, the website must disclose how it will use the information it acquires from Sherry.
B)COPPA prohibits the internet operator from collecting such information under any circumstances.
C)COPPA does not apply to Sherry's situation since she is over the age limit for those protected by the statute.
D)Under COPPA, the website may only collect information about Sherry's name and email address.

Question 15

Rachel works for the Internal Revenue Service and keeps some personal information on her computer at work. There has been suspicion that Rachel has not been keeping tax return information confidential. The Fourth Amendment to the Constitution, prohibiting unreasonable searches and seizures, protects Rachel from having the government review the personal information she has on her computer.

Question 16

The case of Chaney v. Fayette County Public School District held that

A)when someone shares a photo with friends online, he or she cannot justifiably expect that the photo will be kept private.
B)the Fourth Amendment governs the private sector as well as actions taken by the government.
C)wiretap laws protect all speakers, not just those with a reasonable expectation of privacy.
D)so-called "revenge porn" posted on social media is protected speech by the First Amendment.

Question 17

You make an online purchase of a hooded sweatshirt with the logo of the Dallas Cowboys. The next time you log on, your screen has a banner ad for Dallas Cowboy hats and shirts. This banner ad is most likely the result of

A)data mining.
B)a coincidence.
C)the internet crime of theft of private information.
D)encryption software.

Question 18

The federal government has preempted the field of online privacy, so states may not pass their own online privacy statutes.

Question 19

The Children's Online Privacy Protection Act prohibits internet operators from collecting information from children under what age without parental permission?

A)18
B)16
C)13
D)10

Question 20

The internet was started in the 1960s as a project to link military contractors and universities. The World Wide Web was created as a subnetwork of the internet.

Question 21

Discuss the liability of internet service providers (ISPs)under the Communications Decency Act of 1996 (CDA).

Question 22

Explain the core principles in the Fair Information Practices.

Question 23

What are some ways we lose our privacy in the digital world?

A)through data breaches
B)through surveillance
C)via the internet of things
D)All of these are correct.

Question 24

Under what circumstances is intrusion into someone's private life a tort?

A)under all circumstances based on the Fourth Amendment
B)if a reasonable person would find it offensive
C)only if it conflicts with the First Amendment
D)only if the intrusion is substantially untruthful

Question 25

Daniel went onto an internet message board and found that his ex-wife, Faye, had posted a message calling him a fat, insensitive jerk who only cared about watching sports on TV. Does Daniel have any protection against Faye's making such statements to a potentially large number of readers, some of whom may know Daniel and some of whom may not?

Question 26

The practice of inferring needs and preferences from a consumer's online behavior and then targeting related advertisements to them is referred to as

A)data mining.
B)behavioral marketing.
C)internet tracking.
D)targeted selling.

Question 27

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA)is true?

A)To spy on people located in the United States who are communicating abroad, the government needs a warrant.
B)Governments may keep irrelevant and personally identifying data before providing it to other agencies.
C)Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance.
D)To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

Question 28

Under the Stored Communications Act, which of the following are considered electronic communication?

A)voice mail
B)email
C)social media
D)All of these are correct.

Question 29

Which of the following protects email messages from unauthorized interception?

A)CAN-SPAM
B)FIPS
C)ECPA
D)COPPA

Question 30

Musical Productions has a privacy policy posted on its website, but it does not follow the provisions contained within it. Musical Productions is in violation of

A)the CAN-SPAM Act.
B)the Communications Decency Act.
C)Section 5 of the FTC Act.
D)the Electronic Communications Privacy Act.

Question 31

Which of the following regulates deceptive practices regarding a company's privacy policy?

A)Section 5 of the FTC Act
B)the federal COPPA
C)the federal ECPA
D)the FCC's privacy directive

Question 32

Stuart is vying for a promotion but faces competition from a coworker, Brenda. Without authorization, Stuart accesses stored company records and discovers an unfavorable email message Brenda had written about the company. Stuart sends the message to his supervisor in hopes of keeping Brenda from getting the promotion. Discuss whether Stuart has violated any statute and, if so, what sanctions he may face.

Question 33

Which of the following statutes requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement?

A)ECPA
B)CDA of 1996
C)Section 5 the FTC Act
D)CAN-SPAM

Question 34

Which of the following is NOT true under the Electronic Communications Privacy Act?

A)An intended recipient of an email has the right to disclose it to third persons.
B)ISPs are prohibited from disclosing the content of electronic messages to anyone other than the addressee, even if the disclosure is necessary for the performance of the ISP's service.
C)An employer has the right to monitor workers' email if the monitoring occurs in the ordinary course of business.
D)An employer has the right to monitor workers' email if the employer provides the computer system.

Question 35

Emily, an 11-year-old girl, wants to sign-up for a fashion newsletter and sweepstakes. In order to do so, the website wants to know Emily's name, address, phone number, and email address. Which of the following is correct?

A)Emily must have permission from her parents in order to furnish the information to the website.
B)Under the Children's Online Privacy Protection Act, the website cannot collect any of this information from Emily, even if her parents give her permission.
C)Under Section 5 of the FTC Act, the website is protected from disciplinary action if Emily provides the requested information.
D)The Electronic Communications Privacy Act will allow the website to collect Emily's information, but restricts the website from sharing the information with other firms.

Question 36

A website printed some truthful, but secret, information about Danielle. Which of the following would likely result in a court ruling that Danielle had NOT stated a claim under the public disclosure tort?

A)The excerpts the website printed were from Danielle's personal diary.
B)The website disclosed that Danielle secretly hated her mother and father.
C)The website printed that Danielle had participated in a robbery in 2010.
D)The website's revelations were seen by over 50,000 viewers.

Question 37

Which of the following is NOT a core principle of the Fair Information Practices (FIPS)?

A)Notice/Awareness
B)Choice/Consent
C)Privacy/Refusal
D)Access/Participation

Question 38

What is net neutrality?

A)the notion that federal government remain a neutral party in deciding privacy law cases regarding the internet
B)the principle that internet service providers (ISPs)should not remain neutral in determining how information should flow on the internet
C)the notion that the First and Fourth Amendments should not be used in determining citizens' privacy rights regarding the internet
D)the principle that all information which flows on the internet must receive equal treatment

Question 39

Under the Electronic Communications Privacy Act

A)violators are subject to both criminal and civil penalties.
B)violators may be subject to civil, but not criminal, penalties.
C)only the unauthorized disclosure of email messages constitutes a violation.
D)only the unauthorized interception of email messages by the government or an ISP constitutes a violation.

Question 40

Unsolicited commercial email (UCE)or unsolicited bulk email (UBE)messages

A)are commonly known as "cookies."
B)constitute about 90 percent of all email.
C)are estimated to be fraudulent either in content or packaging in approximately one-fourth of all cases.
D)although annoying, do lower the cost of connecting to the internet.

Question 41

What provisions are commercial email subjected to under the CAN-SPAM Act?