Deck 14: Information Technology and the Internet

Question 1

Which of the following statements with regard to defamation over the internet is true.

A) Where the communication is found to be defamatory, the first question to be determined is whether the statement is libel or slander.
B) If the author is unknown or uses a false name, bringing an action for defamation presents little difficulty.
C) If the author resides in another jurisdiction, an action for defamation in all circumstances, can be brought against the ISP.
D) If the author is unknown, intermediaries, such as ISPs or website operators, can always be held liable for defamation.
E) If the ISP encourages the offending behaviour, or if they ought to have known of it , the intermediary cannot be held liable for defamation.

Answer 1

A

Question 2

Gordon invented a solution that dissolved the residue of tape that remained on walls after the removal of notices,pictures,etc.He kept his formula secret,but wasn't yet interested in marketing it,just in improving it.Gordon's only employee,Thad,who had signed a contract to work until July 1,2011,was offered a job by Mr.Barr,who would pay him twice his salary if Thad would leave Gordon right away and bring Gordon's secret formula with him.Because Thad was upset by Gordon's lack of interest in marketing his product,he did copy the formula,quit,and began working for Barr,who marketed the solution.Given these facts,which of the following is false?

A) Gordon could sue Thad for breach of the employment contract.
B) Gordon could sue Barr for inducing breach of contract.
C) Gordon could not get an injunction to stop Barr from marketing the product because Barr didn't steal the formula.
D) Gordon could sue Thad for breach of trade secret law.
E) As one remedy, Gordon could ask for the accounting of profits.

Answer 2

C

Question 3

Which of the following statements regarding online transactions is false?

A) Conducting transactions online negates the need to satisfy the normal requirements of a contract.
B) It is unlikely that the courts will extend the postbox rule to apply to online transactions.
C) Legislation has been passed in some jurisdictions to make electronic documents equivalent to written ones.
D) Reasonableness of terms can affect the enforceability of electronic contracts.
E) Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement.

Answer 3

A

Question 4

Which of the following is not a common internet or computer-related offence?

A) distribution of pornography
B) gambling
C) computer piracy
D) hate literature and other human rights violations
E) trespass

Question 5

Grant and Shawna developed a new and exciting invention which they called the "Zlackerblogf." They incorporated "Zlackerblogf Industries Ltd." to be responsible for the manufacture and sale of this revolutionary new product.After years of success,they decided to sell their product online.When time came to register zlackerblogf.com,however,they discovered that the domain name had already been taken by Curlicue Developments Inc.,a major competitor.Which of the following is true?

A) Zlackerblogf Industries Ltd. does not need to worry; because of the nature of the internet, the same domain name can be used by more than one entity.
B) Curlicue Developments Inc.'s registered domain name could be used as a defence to any allegation of trademark infringement.
C) The dispute over the domain name could be dealt with by dispute resolution mechanisms in place to resolve exactly this kind of domain name conflict.
D) Although Curlicue Developments Inc. may have acted improperly, once a domain name has been issued, it cannot later be rescinded.
E) If Curlicue Developments Inc. obtained the domain name to prevent its competitor from using it, this does not undermine Curlicue's claim to the name; it merely demonstrates that Curlicue is a crafty competitor.

Question 6

Craig,a Canadian resident,has decided to create a website offering products and services to consumers in certain European markets.Which of the following is true with respect to the jurisdictional issues that arise?

A) It is sufficient for Craig to follow the rules of his own jurisdiction.
B) Because the website was created to do business in other jurisdictions, the laws of those jurisdictions will apply to the transactions unless it is clearly stated otherwise in the contract.
C) Disclaimers posted on Craig's website will protect him if the content of his website turns out to constitute an offence in the European markets in which he is operating.
D) Craig could not be prosecuted for an activity that is against the law in a European jurisdiction, as long as that activity is acceptable in Canada.
E) "Conflict of laws" refers to the established rule that if laws in one jurisdiction conflict with those of another, it is the laws of the jurisdiction of residence that always govern.

Question 7

Which of the following is true with respect to privacy law in Canada?

A) Privacy protection is found primarily in the common law.
B) Organizations in the private sector are subject to the Personal Information Protection and Electronic Documents Act with respect to the personal information they collect.
C) The power to enact privacy legislation has been exclusively granted to the federal government.
D) Privacy laws are generally considered unnecessary because voluntary privacy protection has been so successful.
E) The Personal Information Protection and Electronic Documents Act is designed only to regulate the government in its collection, use, and disclosure of personal information.

Question 8

Which of the following is true with respect to the application of contract law to the internet?

A) Even if the basic requirements of acceptance are met, an offer accepted by email has been deemed legally ineffective.
B) Clicking an "I Accept" button is used by some online vendors to make an internet user believe that the terms presented are binding, however "click-wrap" cases have confirmed that this action has no legal effect.
C) Online communications are governed by the "postbox rule."
D) Many jurisdictions have passed legislation making electronic communications the equivalent of written documents for legal purposes.
E) Internet contracts are governed by the federal Uniform Electronic Commerce Act, in effect throughout Canada.

Question 9

Which of the following is true with respect to the application of intellectual property law to the internet?

A) Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use.
B) Because of the "wild west" nature of the internet, websites have typically been exempt from traditional trademark and copyright laws.
C) In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose.
D) If a user accesses a website on which a trademark appears, an actionable infringement has taken place.
E) The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the internet.

Question 10

Which of the following is true with respect to the application of tort law to the internet?

A) Because the internet provides direct and inexpensive access to a massive audience, torts such as deceit, negligent misstatement, and defamation do not apply. Neither do normal civil and criminal remedies.
B) It is unlikely that courts will be willing to expand existing tort law to encompass new technologies.
C) Since common law provides adequate protection, no new statutes need to be passed to provide additional protection.
D) The principle of defamation will apply to the internet just like any other form of communication, but the problems of jurisdiction and whom to sue will create significant obstacles.
E) Companies that sell their products over the internet cannot be held liable under the laws of negligence if that product causes injury.

Question 11

In the context of employment and use of the internet,which of the following is false?

A) Email should be encouraged over other forms of communication, because it is inherently private.
B) Employers can be liable when their employees misuse the internet.
C) An employer should have a clear and comprehensive policy prohibiting misuse of company resources.
D) Employers should notify employees when their use of company resources may be subject to monitoring.
E) Monitoring employees' email can be effective, but also raises a privacy concern.

Question 12

Deceitful practices and fraud are ongoing concerns for those transacting business on the internet.Pat has recently been the victim of such a scam.He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions.Which of the following statements is correct?

A) While case law applies to online activities, statute law -such as sale of goods legislation- does not apply to such transactions.
B) Although new legislation may be enacted in the future, general consumer protection legislation has yet to be extended to online transactions in any Canadian jurisdictions.
C) Provincial securities regulations will also apply to trades on the internet, but amendments will likely be enacted to apply special provisions to electronic trading.
D) In most provinces, consumer protection legislation has been enacted to invalidate internet transactions and render electronic "signatures" ineffective.
E) Consumer protection law in respect of online transactions is governed by the federal Universal Internet Transactions Act (UITA).

Question 13

Naxon opened a retail computer shop which he called Computer Haven Ltd.He used colours and signs similar to those used by Computerheaven Ltd.,a very successful computer store 5 kilometres away.After Naxon was in business for about five months,the directors of Computerheaven Ltd.noticed that their sales had dropped.On these facts,which of the following is true?

A) Computerheaven has no cause of action against Naxon because ours is a free society and competition in all forms is encouraged by our political and legal system.
B) Computerheaven could successfully sue Naxon for the tort of injurious falsehood.
C) Computerheaven could successfully sue Naxon for the tort of passing off if it can prove that the name, signs, and colours used by Naxon were likely to mislead the public.
D) Computerheaven could successfully sue Naxon for the tort of innuendo.
E) Computerheaven could successfully sue Naxon for breach of contract.

Question 14

Which of the following is true with respect to the application of contract law to the internet?

A) If the basic requirements of acceptance are not met, an offer accepted by email is binding on both parties.
B) Clicking an "I Accept" button on a website is considered the equivalent of achieving the consensus element of a binding contract.
C) Online communications are governed by the postbox rule.
D) No jurisdictions have passed any legislation making electronic communications the equivalent of written documents for legal purposes.
E) Internet contracts are governed by the federal Uniform Electronic Commerce Act, in effect throughout Canada.

Question 15

While at work,Neil would spend a considerable amount of time on the internet.After multiple warnings,Neil was fired from his job as a result.To get back at his boss,Neil anonymously posted several untrue and offensive messages about his boss to an internet discussion board frequently visited by his employer's customers and suppliers.Which of the following is true?

A) Because the messages were posted anonymously, Neil could not be held liable for such discussion board postings.
B) Neil's internet service provider could be forced to disclose the source of the discussion board postings.
C) Neil's internet service provider, not Neil, is the one facing liability for defamation, because it is the one technically publishing the offensive material.
D) Because the internet remains largely unregulated, neither Neil nor his internet service provider could be held liable for such discussion board postings.
E) If Neil's former boss notifies Neil's internet service provider about the offensive messages, the internet service provider should not remove the messages, because free speech is the cornerstone of the internet.

Question 16

Which of the following is false with respect to the application of tort law to the internet?

A) Because the internet provides direct and inexpensive access to a massive audience, torts such as deceit, negligent misstatement, and defamation are primary concerns.
B) It is unlikely that courts will be willing to expand existing tort law to encompass new technologies.
C) Statutes will need to be passed to expand or modify the common law where current tort law proves inadequate.
D) The principles of misrepresentation and negligent misstatement will apply to the internet just like any other form of communication, but the problems of jurisdiction and whom to sue will create significant obstacles.
E) Companies that sell their products over the internet will still be held liable under the laws of negligence if that product causes injury.

Question 17

Tracey is concerned that her emails may be read by third parties and that her internet surfing is being tracked by businesses hoping to use the information to inundate her with unsolicited email advertising.She is also convinced that embedded software devices on her computer give others the ability to access her private information.Her friends think she is just being paranoid.Which of the following is true in respect of privacy on the internet?

A) Although privacy laws are being enacted as precautionary measures, voluntary protection of privacy has proven overwhelmingly successful.
B) Unauthorized interception of communications between individuals is now a criminal offence in Canada.
C) While unencrypted data is susceptible to unauthorized access, encryption of information communicated online provides a guarantee of security.
D) Now that privacy rights are legally protected, internet users should feel secure in giving out private information online.
E) Every Canadian province is governed by the provisions of the federal Personal Information Protection and Electronic Documents Act.

Question 18

Deceitful practices and fraud are ongoing concerns for those transacting business on the internet.Pat has recently been the victim of such a scam.He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions.Which of the following statements is correct?

A) While case law applies to online activities, statute law -such as sale of goods legislation- does not apply to such transactions.
B) Although new legislation may be enacted in the future, general consumer protection legislation has yet to be extended to online transactions in any Canadian jurisdictions.
C) Provinces are adopting federal Uniform Electronic Commerce Act guidelines.
D) Provincial consumer protection legislation has been ineffective in protecting consumers with respect to internet transactions.
E) Consumer protection law in respect of online transactions is governed by the federal Universal Internet Transactions Act (UITA).

Question 19

Which of the following statements regarding privacy is true?

A) An organization is responsible for the protection of personal information such as driver's licence information.
B) Employers are not liable for employees' abuses of privacy.
C) Credit card and debit card fraud is now virtually impossible with the new safeguards in place.
D) The incidence of personal identification numbers (PIN) theft has been eliminated.
E) Since the development of 128 bit encryption, wireless networks are 100 percent protected against unauthorized access.

Question 20

Chad was the best private detective in the west.His system for tracking persons who have caused themselves to disappear was markedly superior to that of others.Sally,his only assistant,was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses.Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals.Sally and Chad took care that the discussions were understood to be confidential-regarding both the information from the RCMP and from Chad about his methods.Sally was approached by a competitor of Chad,Mr.Adolph,who offered her three times her salary if she would break her contract with Chad,sign with him,and bring him information about Chad's tracking system.After some months,she did just that.Furthermore,she told Adolph the details of the information given to Chad by the RCMP,which caused the RCMP embarrassment,time,and money.Which of the following is false?

A) Sally owes a fiduciary duty to Chad because of her trusted position as an employee.
B) Chad could sue Sally for breach of her employment contract, not only on the clause relating to the term of her employment, but also on the non-disclosure clause.
C) Chad could sue Adolph for the tort of inducing breach of contract.
D) The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition.
E) Chad could sue Sally for disclosing the information only if he had made it clear that the information was confidential and should not be disclosed.

Question 21

Which of the following statements correctly illustrate a legal signature for online commercial transactions?

A) Clicking an "I Reject" dialogue box.
B) Signing your name at the bottom of a standard form, and then not mailing it to the business.
C) Opening an online shopping basket and adding several items to the basket.
D) Attaching an electronic signature to an electronic document.
E) Attaching a signature on your computer screen.

Question 22

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer,before the consumer enters into an internet agreement,detailed information including which of the following statements?

A) The name of the supplier and, if different, the name under which the supplier carries on business.
B) The telephone number of the supplier, and the address of the premises from which the supplier conducts business.
C) The consumer need be notified of any cancellation, return, exchange, or refund conditions.
D) An itemized list of the prices, including taxes and shipping charges, at which the goods and services are proposed to be supplied to the consumer.
E) All of the above statements are included.

Question 23

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?

A) Whether the website that posted the comments has a local server.
B) Whether the defendant owns the ISP that posted the comments.
C) Whether the plaintiff suffered any harm where the comment was posted.
D) Whether there is a sufficient connection between the defamation and the jurisdiction for the case to be heard.
E) Whether the defendant only intended for a local audience to view the comments.

Question 24

With regard to internet jurisdiction,the courts have identified eight factors in determining a real or substantial connection.Which of the following statements is false?

A) There need be a connection between the forum and the plaintiff's claim.
B) There need be neither an unfairness to the plaintiff nor the defendant in assuming jurisdiction.
C) The courts will consider the involvement of the parties to the suit in determining jurisdiction.
D) The courts will not consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere.
E) The courts will consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere.

Question 25

Which of the following statements regarding the registration of domain names and trademarks is true?

A) The registration of domain names overrules trademark law.
B) A business is entitled to its own unique domain name regardless of trademark law.
C) Where trademarks are infringed, it will be no defence to show that the offender registered a domain name.
D) Registration of domain name precludes someone from registering a trademark.
E) The Canadian Internet Registration Authority determines whether a domain name constitutes trademark infringement.

Question 26

Joe sends Sanjay an offer via email from his Toronto office.The offer contains a provision indicating the offer expires at 5:00 p.m.Toronto time.Sanjay,who lives in Vancouver,replies accepting Joe's offer at 4:00 p.m.Vancouver time.Joe received Sanjay's email acceptance at 9:00a.m.the next day.Which of the following statements is true? (Note the three-hour time difference between Toronto and Vancouver.)
A) Joe and Sanjay had a binding contract, since Sanjay had accepted by 4:00 p.m. Vancouver time.

A)m. the next day. Which of the following statements is true? (Note the three-hour time difference between Toronto and Vancouver.)
B) Once Sanjay had sent the email, a binding contract had been formed, regardless of what time Joe received the email.
C) Joe's offer had expired.
D) The contract became binding once Joe had made the offer.

Question 27

Which of the following statements would be true with regard to the Uniform Electronic Commerce Act (UECA)?

A) A password or encryption does not authenticate an electronic document.
B) The use of electronic documents is not allowed with regards to online purchase of goods.
C) The UECA changes the law with respect to the requirement of written documents and signatures.
D) A signature equivalent may be a password or some other form of encryption.
E) An offer will be accepted and a contract formed only when the offer is sent and accepted by snail mail, and not email.

Question 28

Which of the following statements regarding cybersquatting is true?

A) Similar domain names are registered just to sell them to others or so that visitors making slight but expected mistakes are intercepted and redirected to a competing business.
B) A business is entitled to its own unique domain name regardless who registered it first.
C) Businesses that did not register their domain name, have no recourse against someone else appropriating their name and registering it first.
D) Registration of domain name precludes someone from registering a similar name to confuse visitors of their business website.
E) Cybersquatters capture domain names that rightfully belong to no one.

Question 29

With regard to the internet,which of the following statements is true?

A) Valid laws apply to the internet, and there have been no difficulties in determining what laws apply to the internet and internet transactions.
B) Existing laws go a long way to establish rights and obligations for the parties doing business online, but the protection and enforcement of those rights can be an insurmountable problem.
C) Determining where an action should be brought has not presented any legal problems.
D) Regulatory steps have been taken to overcome all problems associated with jurisdictional issues.
E) Judicial action is allowed only if the person being sued is a resident of that jurisdiction.

Question 30

You decide to register a domain name "Delicious_breads_R_us.com",although you neither own a bakery nor have any legitimate use for the domain name.Subsequently you receive a complaint alleging that you have registered the name in bad faith.The complainant does not hold a registered trademark in the name nor do they have a domain name registered,but they have used the business name "Breads R Us" for many years.Which of the following statements is true?

A) You have a real property right in the name.
B) You are a cybersquatter.
C) Your domain name dispute must be litigated in court.
D) You can claim good faith justification for your the use of your domain name.
E) The complainant does not have any legitimate claim on the domain name.

Question 31

In the context of employment and use of the internet,which of the following is true?

A) Email should be encouraged over other forms of communication, because it is inherently private.
B) Employers can be liable when their employees misuse the internet.
C) An employer need not have a clear and comprehensive policy prohibiting misuse of company resources such as the internet.
D) Employers are not required to notify employees when their use of company resources may be subject to monitoring.
E) Viewing an employee's Facebook account is considered a criminal offence.

Question 32

Electronic commerce (Ecommerce)legislation

A) consists of the laws regulating the internet and internet transactions.
B) consists of the digital communication between government agencies.
C) consists of the laws of what jurisdiction should apply to internet transactions.
D) specifies the time and place of the formation of electronic contracts.
E) consists of the laws to restrict internet gambling, pornography, and defamatory material.

Question 33

With regard to internet jurisdiction,which of the following statements is true?

A) Every jurisdiction has a different set of laws, and each internet user should conform to the local laws of each nation, state, or province.
B) Many jurisdictions have passed long-arm statutes allowing them to take jurisdiction only if the person being sued is a resident of that jurisdiction.
C) Valid laws apply to the internet, and there have been no difficulties in determining what laws apply to the internet and internet transactions.
D) Canadian courts are willing to find jurisdiction where there is a degree of interactivity and substantial connection between the act complained of and the province.
E) Judicial action is allowed only if the person being sued is a resident of that jurisdiction and directly involved.

Question 34

Which of the following statements regarding online transactions is true?

A) Conducting transactions online negates the need to satisfy the normal requirements of a contract.
B) The postbox rule applies to both non-instantaneous and instantaneous methods of communication.
C) Common law has established the equivalency of electronic documents to written ones.
D) Electronic signatures are not effective in determining the capacity of the parties entering into a contract.
E) Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement.

Question 35

When a judgment is obtained against a foreign service provider,which of the following statements is true?

A) If the service provider has no assets in the foreign jurisdiction or if there is no treaty in place to allow for enforcement, enforcement continues to be a substantial threat.
B) If the service provider has assets in the foreign jurisdiction or there are treaties in place to allow for enforcement, enforcement continues to be a substantial threat, but generally only if the conduct complained of is actionable in both jurisdictions.
C) Since the service provider resides in a foreign jurisdiction, there is no threat of enforcement.
D) Since the judgment is obtained in a different jurisdiction, the business or individual may be extradited to face criminal charges.
E) If the service provider has assets in the foreign jurisdiction or there are treaties in place to allow for enforcement, enforcement continues to be a substantial threat, no matter if the conduct complained of is actionable in only one jurisdiction.

Question 36

A Canadian company published an article on the internet defaming an Australian resident.The Australian resident brought action against the Canadian company.With regard to internet jurisdiction,which of the following statements is true?

A) The Canadian company's appropriate defence would be to point out that it is impossible to know and comply with the laws of every jurisdiction, and that the company is therefore not liable.
B) Since the plaintiff lived in Australia, and the harm was done in that country, there is no connection between the defamation and Canada, and appropriately there is no jurisdiction.
C) Since the company was Canadian, the most convenient jurisdiction would be the province in which the Canadian company resides.
D) Since the plaintiff lived in Australia, and the defendant was based in Canada, a third neutral country would be the appropriate jurisdiction.
E) Since the plaintiff lived in Australia, and the harm was done in that country, there is a sufficient connection between the defamation and that country, and the case would be heard in an Australian court.

Question 37

With regard to the Ontario Consumer Protection Act ,which of the following statements is true?

A) The Act specifically provides that the rights set out in it apply only if the consumer resides in Ontario.
B) The Act specifically provides that the rights set out in it apply only if the seller resides in Ontario at the time of the transaction.
C) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located in Ontario at the time of the transaction.
D) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located anywhere in Canada at the time of the transaction.
E) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party are Canadian residents.

Question 38

The objective,in Canada,of the Uniform Electronic Commerce Act (UECA)is primarily

A) to define what constitutes a violation of privacy.
B) to restrict internet gambling.
C) to make electronic documents and signatures as binding on parties as written ones.
D) to provide a series of remedies for internet commerce retail abuses primarily from "offshore" enterprises.
E) to restrict internet pornography.

Question 39

With regard to the National Do Not Call List registry (National DNCL),which of the following statements is true?

A) The registry enables consumers to reduce the number of unsolicited bulk email they receive by making a single registration.
B) The registry requires consumers to register only once to avoid all future unsolicited phone calls.
C) The registry enables consumers to reduce the number of unsolicited phone calls they receive by making a single registration.
D) The registry enables consumers to reduce the number of unsolicited internet pop-up ads they receive by making a single registration.
E) The registry requires telemarketers to operate and maintain the national DNCL.

Question 40

When a business or employer provides access to its website for discussion forums,the following statement is correct.

A) All email communications are considered private, and are therefore exempt from any defamation actions.
B) The employer is not liable if the employee uses email and does not post the offensive comments on the website.
C) Businesses or employees cannot be held criminally responsible for offending communications made.
D) The employee only is held liable for any offensive comments made.
E) The business or employer may be held liable for any defamation or otherwise offensive statements made by its employees.

Question 41

A document was published by ______________________ in 2011,proposing a unified approached to promote,regulate,and respond to global challenges in online communications.It summarizes and proposes strategies for international policy-making.

A) the Civil Society Information Society Advisory Council (CSISAC)
B) the General Criminal Code
C) the Organisation for Economic Co-operation and Development (OECD)
D) the Uniform Electronic Commerce Act
E) PIPEDA

Question 42

Click Enterprises operated a software and internet business in Ontario to facilitate the illegal copying and downloading of movies in both Canada and the United States.Disney Enterprises brought action against Click in New York.Which of the following statements is true?

A) New York has no jurisdiction since Click is a Canadian company.
B) An Ontario court will not enforce a New York judgment regardless of any circumstances.
C) Click's involvement in the United States was not direct, since the firm operated out of Canada, and as a consequence, Disney's action in New York would not be successful.
D) Even though Click's involvement in the United States consisted of selling his product directly to residents of the United States, the question of jurisdiction would be solely determined by Click's nationality.
E) An Ontario court will enforce a New York judgment since Click's involvement indicated a real and substantial connection between the conduct complained of and New York State.

Question 43

The internet provides direct and inexpensive access to a massive audience.Which of the following torts are not concerns related to the internet?

A) defamation
B) negligent misstatement
C) deceit
D) conversion
E) nuisance

Question 44

Which of the following is used to authenticate the identity of a person of a party to an online contract?

A) file formatting
B) a court order
C) digital waterboarding
D) digital certificate
E) information encryption security

Question 45

Because the internet provides direct and inexpensive access to a massive audience,torts involving defamation is a primary concern.Which of the following statements regarding defamation over the internet is false?

A) Material placed on the internet, via a website, where it may be accessed by a large audience, has been likened to broadcasting information on television or radio.
B) Intermediaries, such as ISPs, will be liable for defamation only if they encouraged the offending behaviour, or if they knew or ought to have known of it and failed to remove it after notification.
C) Where several connecting factors exist, Canadian courts appear willing to assume jurisdiction.
D) The courts are reluctant to create new categories of torts, and hence have been unwilling to consider defamation over the internet.
E) When determining damages, the size of the audience has been regarded as relevant.

Question 46

The Personal Information Protection and Electronic Documents Act (PIPEDA)protects personal information,limits its collection,and provides for limited access where appropriate.

Question 47

Which of the following statements is true?

A) Online dispute resolution services are now available for electronic transactions.
B) Online dispute resolution services are very costly and time consuming.
C) Online disputes are often self-regulated.
D) Arbitration has not been proved to be a valuable tool for ecommerce disputes.
E) The legal status of online contracts is determined by common law.

Question 48

While certain online activity may be criminal in Canada,it is usually permitted in the__________ where the operators reside,making enforcement of Canadian laws and extradition impossible.

A) internet
B) jurisdiction
C) society
D) website
E) company

Question 49

The Personal Information Protection and Electronic Documents Act (PIPEDA)applies only to federal government institutions.

Question 50

With regard to online contracts,which of the following statements is accurate?

A) Consumers cannot be held liable for terms that they did not actually read.
B) The electronic equivalent of small print is the part of a document that cannot be seen on the screen.
C) An electronic document becomes effective only once the consumer is provided with a paper copy.
D) Canadian consumers may have to have their claims heard in foreign jurisdictions.
E) Exemption clauses in electronic contracts do not have to be brought to the attention of the person accepting.

Question 51

An offer accepted on a website or by email will be effective so long as the basic requirements of acceptance are made.Which of the following statements are true?

A) A purchaser of a product online will be bound by all the terms of the agreement regardless if has notice.
B) When people buy software over the internet, or the licence to use it, it is not necessary that the purchasers indicate that they have read and accepted the seller's terms and conditions.
C) When people buy software over the internet, or the licence to use it, clicking the "I Accept" button is the equivalent of removing the shrink-wrap, and the contract is binding as soon as the button is clicked.
D) When people buy software over the internet, the contract is binding only when the product has been delivered.
E) When people buy software over the internet, or the licence to use it, the contract is binding immediately since the postbox rule of acceptance applies.

Question 52

Where online business is solicited,________ should be included similar to product warranties,such as: "Void where prohibited by law," or "Only available to residents of Canada."

A) contract
B) enforcement
C) control
D) disclaimers
E) exclusion provisions

Question 53

Employment with respect to the internet is an important area of concern.Which of the following statements is false?

A) The employer will be responsible for data transmissions that result in intentional violations of intellectual property rights.
B) Businesses may find themselves linked to criminal activities through the actions of their employees.
C) Monitoring employees' email and their internet use in all cases is a violation under the Charter of Rights and Freedoms.
D) Monitoring an employee's telephone conversation without obtaining prior consent or authorization may be recognized by the Courts as an invasion of privacy.
E) Employers must consider the impact of PIPEDA before monitoring employee email.

Question 54

Jurisdiction with respect to the internet is an important area of concern.Which of the following statements is false?

A) There must be a special link or connection to have a local court take jurisdiction.
B) It is relatively straightforward to take a judgment obtained in one jurisdiction and enforce it in another.
C) Without a degree of interactivity, the courts in a particular province may refuse to hear a case.
D) A Canadian may be prosecuted for an activity that is against the law in one jurisdiction but perfectly acceptable in another.
E) To avoid battles over jurisdiction, the parties should specify in their contract which law is to apply.

Question 55

In an Alberta case,the accused sent "teaser" email on the internet advertising software that could be used to generate "valid" credit card numbers.What did the Court find?

A) Counselling others to commit a crime is not in of itself an indictable offence.
B) Knowingly counselling others to commit a crime is all that is required to show guilty intent.
C) The law requires proof of any intent to deceive or misrepresent.
D) If someone is knowingly counselling others to commit a crime, damages must be proved in order for a criminal action to be successful.
E) Knowingly counselling others to commit a crime is neither a criminal nor a civil matter.

Question 56

Health information is not specifically protected by legislation in any province.

Question 57

In order to be effective,employers who monitor their employees' use of computers are well-advised to do so secretly,without informing their employees of this practice.

Question 58

The Personal Information and Protection and Electronic Documents Act (PIPEDA)does not allow employers to monitor employees' email.

Question 59

Black v.Breeden involved defamation over the internet.According to this case,which of the following is true?

A) Since the article was read, and the damage to Black's reputation was done in America, the Court held the United States was the appropriate place to sue.
B) Since the plaintiff lived in the United States, and his reputation was damaged there, the Court held the United States was the appropriate place to sue.
C) Black established a real and substantial connection, and that his reputation was damaged within Ontario, even though the article was published on a U.S. website, the Court held Black was able to pursue a defamation action in Ontario.
D) The key to a court assuming jurisdiction is the number and strength of the connecting factors between the cause of the action and the where the defendant resides.
E) The key to a court assuming jurisdiction is the connecting factors between where the plaintiff and the defendant reside.

Question 60

With respect to the online contracts,which of the following statements is true?

A) The Uniform Electronic Commerce Act (UECA) clearly states that an invitation to treat in all cases qualifies as an offer.
B) The Uniform Electronic Commerce Act (UECA) clearly states that an offer may be made and accepted electronically.
C) The Uniform Electronic Commerce Act (UECA) clearly states that a contract is formed when the communication of an acceptance through instantaneous communication is sent.
D) Online contracts do not require all the essential elements of a contract such as consensus, capacity, and legality.
E) The legal status of online contracts is determined by common law.

Question 61

Internet defamation is a problem because of the ease of widespread distribution.

Question 62

With regard to internet transactions,an offer will be accepted and a contract formed as soon as the message is sent,and it is received as soon as it arrives on the recipient's computer,even if it is never read.

Question 63

Alternative dispute resolution has been effective in settling certain types of internet disputes.

Question 64

Long-arm statutes are rules used to resolve questions as to which jurisdiction's laws are to be applied to a particular issue.

Question 65

Cybersquatting captures domain names that rightfully should go to others.

Question 66

The federal government's Personal Information and Electronic Documents Act (PIPEDA)applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Question 67

In assessing damages for defamation over the internet,the size of the audience is irrelevant.

Question 68

UECA provisions determine that whether a contract or another form of internet communication,a message is sent as soon as it is committed to the system,and it is received as soon as it arrives on the recipient's computer,even if it is never read.

Question 69

Determining where the contract was formed is an important factor in determining the laws of what jurisdiction will apply to the transaction.

Question 70

Hitting the "I Accept" button on a website is equivalent to an acceptance of the seller's offer.

Question 71

Traditional contract rules only apply to written contracts but not internet transactions.

Question 72

A signature equivalent for electronic documents might be a password or some other form of encryption.

Question 73

Ontario's Consumer Protection Act specifically provides rights set out in it that apply to all consumer internet transactions.

Question 74

Businesses can find themselves liable for defamatory statements made by an employee.

Question 75

Credit cards,debit cards,and other forms of electronic money may be used in online transactions.

Question 76

Electronic signatures provide a digital certificate that authenticates the identity of a party to the contract.

Question 77

A major problem concerning the internet is to determine what laws apply to the internet and internet transactions.

Question 78

Attempts at self-regulation of the internet have been largely successful.

Question 79

Privacy protection is provided under common law.

Question 80

Canada's Uniform Electronic Commerce Act creates rights and obligations with respect to electronic commerce transactions within Canada.