Business Law Chapter 9 Flashcards

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Thirty-seven states have legislation requiring an "opt out" of further e-mail ads
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State Regulation of Spam
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Permits the sending of unsolicited commercial e-mail, but prohibits certain types of spamming activities
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The Federal CAN-SPAM Act
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Allows FTC to share information with foreign agencies that investigate and prosecute cyber crimes. It also provides ISPs with immunity from liability for supplying information to FTC
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U.S. Safe Web Act
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An Internet address, consisting of: A "top level domain" to the right of the "dot" (.com, .org, .edu) and A "second level domain" to the left of the "dot" chosen by entity creating the domain name, e.g., www.Eggers.com
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Domain Names
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The Internet Corporation for Assigned Names and Numbers (ICANN) is a nonprofit corporation that oversees the distribution of domain names and operates an online arbitration system.
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Distribution System
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The act of registering someone else's name or trademark as a domain name and then offering to sell the registered domain name to that person
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Cybersquatting
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makes it illegal for a person to "register, traffic in, or use" a domain name if the name is identical or confusingly similar to another's trademark, and the person registering, trafficking in, or using the domain name does so with the bad faith intent to profit from its similarity to the other's trademark.
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Anti-Cybersquatting Consumer Protection Act (ACPA)
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The registration of a name that is a misspelling of a popular brand (such as googl.com).
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Typocybersquatting
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The ACPA applies to all domain name registrations of trademarks. Successful plaintiffs can collect actual damages and injunctions.
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Applicability and Sanctions of the ACPA
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Key words that give Internet browsers specific information about a Web page and increase the likelihood that a site will be included in search research _____ help your website be found when someone types a search in a search engine
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Meta Tags
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Trademark dilution occurs when a trademark is used—without authorization—in a way that diminishes the distinctive quality of the mark. ex: canyland
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Trademark Dilution in the Online World
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important form of intellectual property protection on the Internet because: Much of the material on the Internet is copyrighted. In order to transfer that material online, it must be "copied." Infringement may occur when content is copied or downloaded onto a computer. ex: Pirated movies or illegally downloading music
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Copyright law
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Provides civil and criminal penalties to circumvent encryption software (like DVD). Strengthens the copyright protection of digital works
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Digital Millennium Copyright Act
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a lot of individual computers on the same network have the ability to share anything to one another
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peer-to-peer networking
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a pay to use subscription that extends the users software or storage capacity ex: the Cloud. Stu doesn't know about the cloud because he doesn't use a Mac computer
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cloud computing
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Social media posts are routinely included in discovery in litigation since they can provide damaging information about a person's intent or what she or he knew at a particular time.
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Social medias Impact on Litigation
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Social media posts have been used to invalidate settlement agreements. If you win a cause that contains a confidentiality clause you can't post about the results on social media
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Social medias impact on settlement agreements
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Social media is used to detect and prosecute criminals because a surprising number of them boast about their illegal activities on social media
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Social Medias Criminal Investigations
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Federal regulators use social media posts in their investigations into illegal activities
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Administrative Agency Investigations
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Amended federal wiretapping law to cover electronic forms of communication
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Electronic Communications Privacy Act
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Prohibits intentional and unauthorized access to stored electronic communications
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Stored Communications Act (SCA):
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Some employers and schools will get social media passwords from applicants to see if their accounts include controversial postings. By 2017, about half of U.S. states had enacted legislation to protect individuals from having to disclose their social media passwords.
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Protection of Social Media Passwords
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Often referred to as an "intranet," these are online places for employees to discuss company services and products. Intranets allow companies to better protect their trade secrets.
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Company-Wide Social Media Networks
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A tort committed via the Internet. Online defamation is one of the most prevalent cyber torts
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Cyber Torts
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Retailers collect detailed information about consumers' behavior and preferences via c
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Data Collection and Cookies
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Due to consumer complaints, the Federal Trade Commission (FTC) forced many companies to enter a consent decree that allows the FTC broad power to review their privacy and data practices
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Internet Companies' Privacy Policies
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