Deck 8: Digital Media Law

Question 1

Internet Service Providers (ISPs) are protected by Sec. 230 of the Communications Decency Act from certain liabilities, and that same protection also extends to which participants below?

A) Websites hosting offensive material from third parties
B) Websites choosing to edit parts of guest blogs and viewer commentary
C) Websites creating controversial "fake news" stories
D) Websites posting libelous material under anonymous authorship
E) all of the above

Answer 1

A

Question 2

Which of the choices below is not a prong of the modified Dendrite test used to unmask anonymous online posters?

A) Provide enough information to substantiate a defamation claim in court
B) Collect comparative profiles belonging to the anonymous source
C) Get in contact with the commenter
D) Identify the comments triggering the claim by its offending content
E) none of these options above are part of the modified Dendrite test

Answer 2

B

Question 3

When would the secret identity of an anonymous poster not likely be protected online?

A) When posting a true threat against a former spouse
B) When creating a fake Craig's list advertisement telling people who want "a good time" how to get to your employer's address.
C) When sharing online through an email chain intimate pictures of a roommate.
D) When creating a fake profile and posting harmful rumors about a teacher.
E) all of the above

Answer 3

E

Question 4

What federal agency responds with legal action against web-based companies that fail to protect user's private data?

A) Federal Communications Commission (FCC)
B) Federal Bureau of Investigation (FBI)
C) Federal Trade Commission (FTC)
D) National Security agency (NSA)
E) none of the above

Question 5

What item below would not be an offense under the Computer Fraud & Abuse Act?

A) Collecting client information from a restricted computer without permission
B) Sharing Netflix passwords without notifying Netflix
C) Checking online texting records on a private smartphone without consent
D) Accessing and sharing data from a host server with permission
E) None of the above

Question 6

If you were suspected of a crime, could police search your cell phone for possible evidence?

A) Yes, if they placed you under arrest.
B) No, not unless they have a search warrant.
C) Yes, if police find it on your person as in a purse or pocket.
D) No, not unless police find it in your car.
E) none of the above

Question 7

Police units in some parts of the U.S. use this device to track cell phone calls without a warrant; it is called a _____.

A) Ping-ray
B) Phone sting
C) Stingray
D) Cell catcher
E) none of the above

Question 8

One of the organizations below has been at the forefront of making website(s) and their content accessible to American viewers with disabilities. Which one?

A) federal government
B) Target stores
C) Apple computers
D) Android smart phones
E) none of the above

Question 9

Which country's government will not block website content or halt viewer access?

A) USA
B) North Korea
C) China
D) Germany
E) none of the above

Question 10

The Privacy Shield Framework was enacted to allow people to tell companies to delete personal data in what area of the world?

A) Latin America
B) European Union
C) Sub-Saharan Africa
D) China & East Asia
E) all of the above

Question 11

Getting personal data removed from online would be accomplished for what reason(s) below under the Privacy Shield?

A) inaccurate
B) inadequate
C) irrelevant
D) excessive
E) any or all of the above

Question 12

What is the legal consequence of the European Union's "cookie law"?

A) Data surveillance can be halted by written request.
B) Websites can continue to secretly download "cookies" on user computers.
C) Visitors can access other users' data via the data archive cookies provide.
D) Websites are required to ask for consent from visitors before using cookies.
E) none of the above

Question 13

How does the UIGEA impact online gambling?

A) It prevents U.S. citizens from betting on European sporting events.
B) It prevents non-member countries from hosting online gambling.
C) It restricts financial transactions for online gambling.
D) It allows for online gambling in countries willing to sign the immunity clause.
E) none of the above

Question 14

What is the federal ruling regarding daily fantasy sports betting?

A) Fantasy sports betting is fine, if the state government allows it.
B) Fantasy sports betting is illegal at the federal level.
C) If it's between friends, there isn't a problem.
D) Federal law prohibits fantasy sports betting in the U.S.
E) none of the above

Question 15

Under the NLRA, what posting(s) to social media would be considered legally protected?

A) Beach pictures posted anonymously on your profile the day you called in sick
B) Embarrassing and defamatory information posted about a coworker
C) Rumors about your company's declining stock prices
D) Complaints about salary or working conditions
E) all of the above

Question 16

Under the First Amendment what type of venue is a social media site?

A) Public site with full First Amendment protection
B) Private site subject to corporate guidelines and restrictions
C) Public/private site where the law varies from state to state
D) Private area, still controlled by government licensing
E) none of the above

Question 17

What kind of content might violate terms of service of a website, but not break the law?

A) Posting nude photos of a 13-year-old girl
B) Posting a photo of someone with the words, "Should be KILLED!" with their work address
C) Telling someone off and using lots of profanity in a reply post
D) Sharing new music you pirated from Apple music without payment
E) none of the above

Question 18

What is the federal court's standing on social media providers blocking users?

A) They are allowed to discontinue or block service for any reason.
B) Providers must have a reason for blocking service.
C) Only sex offenders and predatory criminals may be blocked.
D) A user must break the law to be blocked.
E) none of the above

Question 19

What does the Digital Millennium Copyright Act do?

A) Provides license of royalties for sharing online content
B) Allows music monitors to file objections to indecent content
C) Provides a mechanism for people to keep their work online while claims of copyright
D) Criminalizes reproducing a copyrighted work without permission from the copyright holder
E) none of the above

Question 20

When an "influencer" promotes a product by posting comments online, what is required?

A) Nothing; it's called freedom of speech.
B) Hashtags disclosed along with influencer's IP address
C) No comparative advertising allowed by influencers
D) Disclosure of relationship to advertisement's owner and truthful report of experience
E) none of the above

Question 21

Which of these examples below would not qualify as an endorsement?

A) A shoe company offering prize money for the best pictures in a hashtag contest
B) A celebrity commenting on how Aleve cured a headache
C) A video game company paying YouTubers to post video reviews of their game
D) Receiving free products without acting on the producer's behalf
E) none of the above

Question 22

What is the best way to define e-personation?

A) Using social media for personal use
B) Pretending to be someone else on the Internet
C) Harassing a person on the Internet
D) Cyberstalking someone on social media
E) none of the above

Question 23

Fran Gelico loves alcohol, and she has a blog all about liquor at Boozer.com. She allows people to comment on her website. One day an anonymous commenter posts defamatory material about liquor magnate Daniel Jacks. Fran is protected by Section 230 of the CDA, so Daniel has no legal recourse.

Question 24

Al Catraz is a repeat criminal. He has gone to prison for armed robbery and illegal gambling. He is found at the scene of a murder and is immediately arrested on suspicion. In the process of frisking him, police find his smartphone in his pocket. Because police have the authority to look through the pockets of a suspect, the police are permitted to look through Al's phone for evidence about the murder.

Question 25

Dee Linquint is developing quite a following on social media. She lives in Alabama but has thousands on Instagram followers around the world and her YouTube videos have been seen millions of times. It turns out, though, that 20 years ago when Dee was only 15, she was arrested for public indecency. Dee may be a celebrity but she is not an elected official. Thanks to the Right to be Forgotten, Dee can require online search services (like Google) to disable any links to the 20-year-old news story.

Question 26

Ella Fant is a huge star. She's seen in movies, on TV and on the cover of all the tabloids. Her Twitter account has over one million followers. One day she tweets out how much she loves milk: to drink, to make cheese, and to bathe in. The next day Ella receives a truckload of milk from the American Dairy Association. Ella must notify her followers of the gift she has received, or she will be guilty of promoting a product without revealing the endorsement.

Question 27

Al Dente works at Mamma Mia's Pizza Parlor. Recent news stories have accused Mamma of being racist. One day, Al decides to go on a Twitter rant about the character of his employer. Mamma sees the rant online, but she's unable to fire Al because of his right to free expression.