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Business Law – Ch. 9

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In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which effectively eliminated unsolicited emails. T/F?
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False
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Which of the following activities is NOT prohibited by the CAN-SPAM Act? a. Deceptive information. b. Misleading information. c. Sending messages to randomly generated e- mail addresses. d. False information. e. Sending junk mail via the USPS. f. False return addresses.
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e. Sending junk mail via the USPS
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Because the federal CAN-SPAM Act only applied to e-mails originating in the United States, Congress enacted the
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U.S. Safe Web Act
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Because you are suspected of sending out bulk unsolicited e-mail advertisements, your Internet service provider is asked by the FTC to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your Internet service provider for illegally providing such information to the FTC?
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No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.
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Loss of ___ occurs when another party uses a domain name similar to yours.
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goodwill
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Typosquatting
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The act of buying domain names that are similar to well-known domains, except for slight misspellings
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Cybersquatting
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The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.
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What does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply.
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The domain name is in another language.
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What is NOT a reason why lawsuits against cybersquatters are difficult to pursue?
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Most cybersquatters have a limited mastery in English
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Using another’s trademark in a meta tag will normally constitute trademark infringement. T/F?
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True
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Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark. T/F?
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False
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Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:
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he only obtained a license to use, not ownership of the app.
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Cyber torts include online defamation. T/F?
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True
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Posting negative comments about other individuals on your social media is protected speech. T/F?
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False
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One of the major problems in pursuing an online defamation claim is that:
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discovering the identity of the person who posted the defamation is often extremely difficult
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Hobbs owns a small Internet service provider and is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court?
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No, because the Communications Decency Act treats Internet Service Providers differently from print publishers.
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Which agency investigates consumer complaints of privacy violations?
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The Federal Trade Commission (FTC)
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When do people have a reasonable expectation of privacy?
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When they enter their personal banking information online When they disclose online credit information to obtain a loan.
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Would the company be allowed to monitor the emails of his employees?
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Probably, the ECPA specifically permits employers to monitor employees’ communications in the ordinary course of business.
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If the company wants to monitor the employees’ emails, does it have give notice to them?
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No, but it would be a good idea because notice generally eliminates the expectation of privacy.
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Would Gary have a good case for wrongful termination in this scenario?
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Probably not, since there is no expectation of privacy when an email is sent from the company servers.
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Would monitoring web surfing of employees be treated differently than monitoring of emails?
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Not usually.
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Russell reserves the domain name “juliaroberts.com” and creates a fan web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Russell is a
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cybersquatter
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Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a web site he has set up that sells retail goods online. Ron’s action is known as
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typosquatting
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Sally registers the domain name thedallascowboys.com before the NLF football team is able to do so, with the title of her web site called The Dallas Cowboys, a nightclub in Austin, Texas. Sally’s use of the domain name and the name of her bar is
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trademark dilution
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Sean is researching federal law to determine if there are civil or criminal penalties associated with the circumvention of the encryption software on a DVD. He should find the
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Digital Millennium Copy Right Act
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Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page, and is subsequently terminated. His posts likely
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violated school policy, and his termination will be upheld.
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Ben has consulted with an attorney regarding his employer having reviewed his personal communications at work. Ben would have a viable claim for a violation of the Electronic Communications Privacy Act for which of the following actions? a. Reviewing Ben’s telephone calls on his work phone. b. Reviewing Ben’s work email on his work computer. c. Accessing Ben’s voicemail on his company issued cell phone. d. Accessing Ben’s private Facebook page by guessing his password.
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d. Accessing Ben’s private Facebook page by guessing his password.
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Unobtainium Venture Capital, a new venture capital start-up, wants to create a place for employees to communicate and share files, but wants to minimize its potential risk to competitors by protecting its trade secrets that the shared data may contain. UVC should utilize
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an internal social network
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Lily developed a blog and relays rumors and gossip she hears in her hometown. She should be concerned about
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Online defamation
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Susan is concerned about online retailers collecting data about her web browsing activities, also known as
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cookies
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Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation by consumer complaints is the
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FTC