Deck 33: Cyberlaw

Question 1

If a program is on your computer without your permission which monitors your activities,you may be able to get protection through federal legislation which makes spyware illegal.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

The Gramm-Leach-Bliley Privacy Act of 1999 requires pretexting to find out private financial information.

Answer 3

False

Question 4

In the case Carafano v.Metrosplash.Com,Inc.,the court discusses the application of the Communications Decency Act.

Question 5

The Electronic Communications Privacy Act is a federal statute regulating e-mail.

Question 6

The U.S.Department of Commerce reached agreement with the European Union on "safe harbor" principles with which most U.S.companies have complied.

Question 7

Jorgeson Co.,on its Web site,promised the company would not give PII to third parties without the customers consent,but then gave out such information.This practice violates Section 5 of the FTC Act.

Question 8

Which of the following countries has not passed legislation to comply with the European Union's directive prohibiting the transfer of personal data to any countries that do not provide adequate privacy protection?

A)Canada
B)Australia
C)United States
D)New Zealand

Question 9

Burns Medicine Shop developed a Web site 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 Web Site?

A)The FTC Act.
B)The Electronic Communications Privacy Act.
C)The Gramm-Leach-Bliley Privacy Act.
D)No statutes presently require Web sites to have or disclose a privacy policy.

Question 10

The case of Carafano v.Metrosplash.com,Inc.held:

A)the Fourth Amendment applies to computers.
B)Congress, in enacting the Communications Decency Act, intended that ISPs should not be held liable for information provided by someone else.
C)Congress had weighed free speech interests with protection of the public from offensive or obscene materials and determined that protection of the public was more important in the Internet setting.
D)Matchmaker, because it had provided the questionnaires for collecting information from its users, must be considered an "information content provider" under the Communications Decency Act, and it is therefore liable under the Act.

Question 11

Bidding on one's own goods at an online auction may subject the bidder to liability under anti-fraud statutes as well as liability under state statutes explicitly prohibiting shilling.

Question 12

Consumers have been active in requesting government regulation of web data collection to protect their privacy.

Question 13

Spam is governed by federal law.

Question 14

The European Union does not regulate the transfer of personal customer information to countries that lack adequate privacy protection.

Question 15

You make an online purchase of a toy for an infant.The next time you log on,your screen has a banner ad for a brand of diapers.This banner ad is most likely the result of:

A)a cookie.
B)spam
C)a virus.
D)any of the above would be possible.

Question 16

The United States of America v.Angevine case held that the professor had no reasonable expectation of privacy in his office computer.

Question 17

When you surf the Internet,information,much of which is anonymous,is collected about you.

Question 18

The Computer Fraud and Abuse Act prohibits which of the following?

A)Computer trespass.
B)Trafficking in computer passwords
C)Negligent damage to a computer attached to the Internet.
D)All of the above.

Question 19

The Internet was started in the 1960s as a project to link military contractors and universities.The World Wide Web was created in 1991 as a subnetwork of the Internet.

Question 20

Rachel works for the Internal Revenue Service,but keeps some personal information on her computer at work.The Fourth Amendment to the Constitution,prohibiting unreasonable searches and seizures,does not apply to the government's reaching personal information on her computer.

Question 21

Unsolicited commercial e-mail (UCE)or unsolicited bulk e-mail (UBE)messages:

A)are officially known as "cookies."
B)constitute about 80 percent of all e-mail.
C)are estimated to be fraudulent either in content or packaging in approximately one-fourth of all cases.
D)are illegal per se.

Question 22

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 e-mail messages constitutes a violation.
D)only the unauthorized interception of e-mail messages by the government or an ISP constitutes a violation.

Question 23

The case United States of America v.Angevine discussed the application of:

A)COPPA
B)the Communications Decency Act.
C)the Fourth Amendment.
D)the Gramm-Leach-Biley Privacy Act.

Question 24

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 25

Rob works for a federal governmental agency.No policy statements have been reported to the employees regarding their privacy rights or regarding their use of workplace computers for personal business.Rob's supervisor has reason to suspect that Rob has used his workplace computer to order an illegal substance.Which of the following is true?

A)Rob's employer may search Rob's computer at any time since it was provided by the employer.
B)Even if Rob's employer tries to search Rob's computer, if Rob has deleted any incriminating information, the employer will be able to find nothing on his computer to prove Rob was engaged in illegal activity.
C)The Fourth Amendment prohibits unreasonable searches and seizures by the government, but this amendment does not apply to computers.
D)If Rob has a legitimate expectation of privacy in the information on his computer, his employer would have to obtain a search warrant in order to conduct a search of the computer.

Question 26

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

A)An intended recipient of an e-mail 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' e-mail if the monitoring occurs in the ordinary course of business or the employer provides the e-mail system.
D)To access e-mail messages that have been stored for 180 days or less, the government must first obtain a search warrant.

Question 27

Tom receives an e-mail from someone alleging to be a Nigerian government official who has stolen money from the government.He needs some place safe to keep the money for a short time.The official promises that,if Tom lets his bank account be used for this purpose,Tom will be allowed to keep a percentage of the stolen money.Tom gives in to the temptation and provides his account information.Instead of receiving money,Tom loses everything he had in the account to the scammer.In this situation:

A)prosecution can be under state law.
B)prosecution can be under the Computer Fraud and Abuse Act.
C)a civil action can be brought under Section 5 of the FTC Act.
D)All of the above.

Question 28

Identity theft:

A)is a relatively new crime that was created through use of the Internet.
B)has about 8 million American victims each year.
C)has slight impact on the victim since consumer law protects owners of credit cards and limits their loss to $50 if they promptly report the loss of their card.
D)is now addressed by only state statutes.

Question 29

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

A)Under COPPA, the Web site must disclose how it will use the information it acquires from Sherry.
B)COPPA allows the Internet operator from collecting such information without her parents' permission.
C)COPPA does not apply to Sherry's situation since she is over the age limit for those protected by the statute.
D)Both a and c.

Question 30

What statute requires banks and other financial institutions to disclose to consumers any non-public information they wish to reveal to third parties?

A)Banking and Financial Institution Privacy Act.
B)Gramm-Leach-Bliley Privacy Act.
C)Electronic Communications Privacy Act.
D)Communications Privacy and Decency Act.

Question 31

Lois receives an e-mail asking her to update her personal information on a Web site that is an illegal imitation of a legitimate site.This practice:

A)is a crime called phishing.
B)is a tort called information theft.
C)is a breach of contract action known as shilling.
D)may be prosecuted under the GLB Privacy Act.

Question 32

The Can-Spam Act:

A)applies to virtually all promotional e-mails, whether or not the sender has a pre-existing relationship with the recipient.
B)provides unavoidable requirements for senders of promotional e-mails.
C)requires recipients of unsolicited, pornographic e-mails to notify the Justice Department.
D)requires senders of promotional e-mails to provide a valid return address, which may be a post office box or a specific physical location.

Question 33

Which of the following protects e-mail messages from unauthorized interception?

A)The Fourth Amendment.
B)The GLB Privacy Act of 1999.
C)The Electronic Communications Privacy Act.
D)COPPA.

Question 34

The privacy of e-mail is regulated by:

A)the federal ECPA.
B)the European Directive..
C)COPPA
D)All of the above.

Question 35

The Electronic Communications Privacy Act covers:

A)e-mail communications.
B)transmissions from cellular phones.
C)transmissions from pagers.
D)All of the above.

Question 36

"Hacking" is:

A)gaining unauthorized access to a computer system.
B)a major crime.
C)illegal under the federal Computer Fraud and Abuse Act, which applies to any computer attached to the Internet.
D)All of the above are correct.

Question 37

To be in compliance with the safe harbor principles of the Department of Commerce agreement with the EU,a company must do all but which of the following?

A)Tell consumers how it intends to use their data and how they can limit its use.
B)Provide an opt-out provision for disclosure of all consumer data.
C)Provide adequate security for the data.
D)Establish a dispute-resolution procedure.

Question 38

Online auctions:

A)are the major source of consumer complaints about online fraud.
B)involve approximately $1 million worth of goods annually.
C)allow people to bid on their own goods.
D)allow owners of goods to cross-bid with a group of other sellers.

Question 39

The Children's Online Privacy Protection Act:

A)deals only with the collection of data that will be disclosed to children.
B)deals only with collecting, from children, information that will be disclosed publicly.
C)regulates the activities of Internet operators.
D)is enforced by the EEOC.
E)Both b and

Question 40

After Ashley was denied credit for a new car,she checked her credit report with Equifax.The report showed that several credit cards had been issued to her recently,and they had large,unpaid balances.Ashley had not applied for or received these cards.She found out that someone had stolen personal information she had entered onto her computer and used the information to fraudulently obtain the credit cards.Ashley:

A)is a victim of identity theft.
B)is protected under the Identity Theft and Assumption Deterrence Act.
C)can seek restitution in court.
D)All of the above.

Question 41

Discuss the European Directive on the protection of personal Data.

Question 42

Stuart is vying for a promotion,but faces competition from a co-worker,Brenda.Without authorization,Stuart accesses stored company records and discovers an unfavorable e-mail 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 43

Discuss common abuses that occur with auctions on the Internet and how these abuses are being addressed.

Question 44

Explain the difference between an ISP and a Web host,and discuss whether they are treated alike under the Communications Decency Act (CDA).

Question 45

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?