Deck 22: Cyberlaw

Question 1

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.

Answer 1

D

Question 2

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

Answer 2

False

Question 3

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.

Answer 3

False

Question 4

E-mail messages are private between a sender and recipient,and they cannot be accessed by an opposing party in the event of litigation.

Question 5

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 6

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

Question 7

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

Question 8

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 9

The European Union prohibits the transfer of personal data to countries that lack adequate privacy protection.

Question 10

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) a cookie.
B) a coincidence.
C) the Internet crime of theft of private information.
D) encryption software.

Question 11

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

Question 12

The privacy of e-mail is regulated by:

A) the federal ECPA.
B) spyware.
C) both (a) and (b).
D) neither (a) nor (b). There is currently no regulation of e-mail privacy.

Question 13

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

Question 14

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 15

Dennis posted a message on the Internet stating that his ex-wife was fat,lazy,and mean.His statement:

A) is protected under the First Amendment.
B) is defamatory and makes Dennis subject to potential liability to his ex-wife if she decides to sue.
C) is protected free speech only if Dennis proves the statements are factual.
D) receives protection under Section 5 of the FTC Act, as well as the Constitution.

Question 16

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

Question 17

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

Question 18

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

Question 19

Hacking is a crime under the federal Computer Fraud and Abuse Act,which applies to any computer attached to the Internet.

Question 20

The federal CAN-SPAM Act has noticeably decreased the amount of spam.

Question 21

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 22

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 electronic communications that have been stored for 180 days or less, the government must obtain a search warrant.

Question 23

A U.S.company will be permitted to receive personal data from a company in France or Great Britain:

A) as long as the U. S. company provides adequate security for the data.
B) only if the U. S. company assures the European company that no spyware can be entered onto its computer systems.
C) if the U. S. company complies with the safe harbor principles agreed to by the EU and the U. S. Department of Commerce.
D) only if the U. S. company first obtains signed consent forms allowing the release of such information.
E) as long as the European company is willing to disclose the information.

Question 24

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 25

The Electronic Communications Privacy Act:

A) covers e-mail communications, transmissions from cell phones, and transmissions from pagers.
B) subjects intentional or unintentional violators to criminal and civil penalties.
C) allows the government no access to communications that have been stored for more than 180 days.
D) All of the above.

Question 26

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 27

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 28

"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 29

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 30

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

A) Computer trespass.
B) Sending spam.
C) Negligent damaging of a computer attached to the Internet.
D) Trafficking in computer passwords.

Question 31

Clarise,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 Clarise's name,mailing and e-mail addresses,and age.Under COPPA:

A) the Web site must disclose how it will use the information it acquires from Clarise.
B) the Web site is prohibited from collecting such information without her parents' permission.
C) Clarise is not covered since she is over the age limit for those protected by the statute.
D) Both (a) and (b).

Question 32

Tom receives an e-mail from someone alleging to be a Nigerian government official who has stolen money from the government.He needs a safe place 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 33

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 34

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 35

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 36

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 (c).

Question 37

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 38

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 39

MajorLine offered travel packages,including airfare and hotel accommodations,at a discounted price on their Web site.However,after Jason charged MajorLine's fees to his credit card,he did not receive the promised airline tickets or the coupons for a reduced hotel rate.He found that other customers had been similarly defrauded.MajorLine:

A) can be prosecuted under state law.
B) can be prosecuted under the Computer Fraud and Abuse Act.
C) Both (a) and (b).
D) cannot be prosecuted because fraud over the Internet is not yet defined as a crime in any statutes.

Question 40

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) although they are annoying, lower the cost of connecting to the Internet.

Question 41

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

Question 42

Discuss how cookies and caches are used.

Question 43

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

Question 44

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 45

Maria,who lives in the United States,gains unauthorized access to a bank's computer system and steals financial information about customers.Of what is Maria guilty,and under what statute(s)could she be prosecuted?