WK2 – CH8 – College Essay

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1) Liability is a feature of political systems in which a body of law is in place that permits individuals to recover damages done to them by other actors, systems, or organizations.
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TRUE Page Ref: 492 Difficulty: Moderate
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Ethical understanding and reasoning 2) The principle of responsibility means that individuals, organizations, and societies should be held accountable to others for the consequences of their actions.
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FALSE Page Ref: 492 Difficulty: Moderate
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Ethical understanding and reasoning 3) The ethical principle of Universalism states that if an action is not right for all situations, then it is not right for any situation.
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TRUE Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 4) In the United States, Google is required to remove results from its search engine if requested.
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FALSE Page Ref: 485-487 Difficulty: Moderate
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Application of knowledge 5) Most adult social network participants do not have any expectation of personal privacy when using a social network.
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FALSE Page Ref: 498 Difficulty: Moderate
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Application of knowledge 6) The opt-out model for informed consent requires an affirmative action by the consumer before a company can collect and use information.
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FALSE Page Ref: 506 Difficulty: Moderate
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Application of knowledge 7) The Children's Internet Protection Act (CIPA) prohibits Web sites from collecting information on children under the age of 13.
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FALSE Page Ref: 545-546 Difficulty: Moderate
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Application of knowledge 8) The European Data Protection Directive prohibits the transfer of PII to organizations or countries that do not have similar privacy protection policies.
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TRUE Page Ref: 514 Difficulty: Moderate
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Application of knowledge 9) The AdChoices program is an industry-sponsored initiative to encourage Web sites to be more transparent about how they use personal information and to make it more likely that appropriate ads are shown to users.
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TRUE Page Ref: 515 Difficulty: Moderate
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Application of knowledge 10) Copyright protection protects against others copying the underlying ideas in a work.
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FALSE Page Ref: 519 Difficulty: Moderate
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Application of knowledge 11) The expansion of generic top-level domains recently authorized by ICANN is likely to be very disruptive in terms of copyright protection.
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FALSE Page Ref: 531 Difficulty: Moderate
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Application of knowledge 12) Net neutrality refers to Internet backbone owners treating all Internet traffic equally.
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TRUE Page Ref: 542 Difficulty: Moderate
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Application of knowledge 13) Section 230 of the Communications Decency Act (CDA) requires schools and libraries in the United States to install technology protection measures in an effort to shield children from pornography.
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FALSE Page Ref: 545 Difficulty: Moderate
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Application of knowledge 14) Online gambling is now legal throughout the United States.
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FALSE Page Ref: 549 Difficulty: Easy
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Application of knowledge 15) Google defended its Library Project on the grounds of fair use.
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TRUE Page Ref: 552 Difficulty: Moderate
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Application of knowledge 16) Which of the following e-commerce technology dimensions creates greater opportunities for cyberbullying? A) richness B) interactivity C) social technology D) ubiquity
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C Page Ref: 489 Difficulty: Moderate
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Application of knowledge 17) Which of the following e-commerce technology dimensions has the potential to reduce cultural diversity in products? A) richness B) interactivity C) information density D) global reach
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D Page Ref: 489 Difficulty: Moderate
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Application of knowledge 18) Which of the following is not one of the four basic principles shared by ethical schools of thought in western culture? A) accountability B) privacy C) due process D) liability
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B Page Ref: 492 Difficulty: Moderate
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Ethical understanding and reasoning 19) What is the first step in analyzing an ethical dilemma? A) Define the conflict or dilemma and identify the higher-order values involved. B) Identify the potential consequences of your opinions. C) Identify the options you can reasonably take. D) Identify and describe the facts.
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D Page Ref: 493 Difficulty: Moderate
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Ethical understanding and reasoning 20) Which ethical principle states that, when confronted with an ethical dilemma, individuals should take the action that achieves the greater value for all of society? A) the Golden Rule B) Universalism C) the Collective Utilitarian principle D) the Social Contract rule
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C Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 21) Which ethical principle emphasizes putting oneself into the place of others and thinking of oneself as the object of the decision? A) the Golden Rule B) Universalism C) the Collective Utilitarian principle D) the Social Contract rule
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A Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 22) Which ethical principle asks you to assume that virtually all tangible and intangible objects are owned by someone else unless there is a specific declaration otherwise? A) the Golden Rule B) the Slippery Slope C) the Social Contract rule D) No Free Lunch
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D Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 23) Which ethical principle states that if an action cannot be taken repeatedly, then it is not right to take at all? A) Universalism B) the Slippery Slope C) the Social Contract rule D) the Golden Rule
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B Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 24) Which ethical principle asks you to consider the impact of your decision if the principles underlying your decision became an organizing principle of the entire society? A) the Golden Rule B) Risk Aversion C) the Slippery Slope D) the Social Contract rule
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D Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 25) Which ethical principle tells you that it is wise to assume perfect information markets? A) the Golden Rule B) the New York Times test C) the Social Contract rule D) the Collective Utilitarian principle
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B Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 26) Which ethical principle states that when confronted with an ethical dilemma, an individual should take the action that produces the least harm, or the least potential cost? A) the Slippery Slope B) Risk Aversion C) No Free Lunch D) the Collective Utilitarian principle
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B Page Ref: 494 Difficulty: Moderate
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Ethical understanding and reasoning 27) Which of the following basic ethical concepts plays an important role in defining privacy? A) responsibility B) accountability C) liability D) due process
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D Page Ref: 495 Difficulty: Difficult
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Ethical understanding and reasoning 28) Which of the following is not aimed at strengthening the ability of law enforcement agencies to monitor Internet users without their knowledge? A) the USA PATRIOT Act B) the Homeland Security Act C) the Communications Assistance for Law Enforcement Act D) the E-Government Act
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D Page Ref: 503, 507 Difficulty: Moderate
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Application of knowledge 29) Which of the following tools can companies use to track user statements and views on newsgroups, chat groups, and other public forums? A) cookies B) digital wallets C) search engines D) shopping carts
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C Page Ref: 497 Difficulty: Moderate
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Information technology 30) Which of the following can be used to record all keyboard activity of a user? A) shopping carts B) trusted computing environments C) spyware D) DRM
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C Page Ref: 497 Difficulty: Easy
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Application of knowledge 31) Which of the following is not one of the issues complicating the taxation of e-commerce sales? A) Taxes raised are used for different government purposes. B) Sales taxes and policies vary by state and country. C) Retailers legally only have to charge sales tax if they have operations located in the same state as a consumer. D) Small online businesses are unable to manage sales taxes to thousands of different jurisdictions.
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A Page Ref: 539 Difficulty: Difficult
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Application of knowledge 32) Which of the following is a tiered notice and response system aimed at reducing copyright infringement over P2P networks? A) the CAS B) FIP C) Surfright D) the Open Internet Order
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A Page Ref: 524 Difficulty: Moderate
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Application of knowledge 33) Which of the following statements about industry self-regulation regarding privacy is not true? A) OPA members are required to implement the OPA's privacy guidelines. B) The primary focus of industry efforts has been the use of online "seals" that attest to the site's policies. C) Industry efforts have not so far succeeded in reducing American fears of privacy invasion. D) The NAI's privacy policies have established the TRUSTe seal.
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D Page Ref: 515 Difficulty: Difficult
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Application of knowledge 34) The sharing of a user's stored cookie information between Web sites and without the user's knowledge is: A) legal in the United States but illegal in Europe. B) illegal in the United States but legal in Europe. C) legal in both the United States and Europe. D) illegal in both the United States and Europe.
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A Page Ref: 514 Difficulty: Difficult
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Application of knowledge 35) Which of the following requires financial institutions to inform consumers of their privacy policies and permits consumers some control over their records? A) Freedom of Information Act B) Gramm-Leach-Bliley Act C) COPPA D) HIPAA
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B Page Ref: 507 Difficulty: Difficult
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Application of knowledge 36) A social consequence of the richness of Internet information is: A) an increase in shallowness. B) an increase in the ease of creating misleading information. C) very persuasive messages might reduce the need for multiple independent sources of information. D) an increase in vulnerability to hacking attacks.
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C Page Ref: 489 Difficulty: Difficult
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Application of knowledge 37) Which of the following is a core Fair Information Practices (FIP) principle? A) Choice/Consent B) Access/Participation C) Security D) Enforcement
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A Page Ref: 509 Difficulty: Difficult
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Application of knowledge 38) Which of the FTC's Fair Information Practices (FIP) principles requires identification of the collector of data? A) Notice/Awareness B) Choice/Consent C) Access/Participation D) Security
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A Page Ref: 509 Difficulty: Moderate
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Application of knowledge 39) Which of the FTC's Fair Information Practices (FIP) principles requires opt-in or opt-out policies to be in place? A) Notice/Awareness B) Choice/Consent C) Access/Participation D) Security
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B Page Ref: 509 Difficulty: Moderate
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Application of knowledge 40) What is the FTC recommendation regarding choice as it relates to personally identifiable information (PII)? A) Require firms to have consumers affirmatively opt-in before PII is collected. B) Require firms to allow consumers to opt-out before PII is collected. C) Make collection of PII illegal. D) Require robust notice only before PII is collected.
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A Page Ref: 510 Difficulty: Difficult
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Application of knowledge 41) "Do Not Track" falls under which of the following principles in the FTC's new privacy framework? A) Privacy by Design B) Simplified Choice C) Greater Transparency D) Scope
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B Page Ref: 511 Difficulty: Moderate
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Application of knowledge 42) Which of the following technologies allows you to send e-mail without a trace? A) anonymous surfing B) P3P C) anonymous remailers D) public key encryption
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C Page Ref: 517 Difficulty: Moderate
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Application of knowledge 43) Which pricing plan charges fees to e-commerce firms based on the amount of traffic they generate? A) highway pricing B) cap pricing C) usage-based billing D) congestion pricing
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A Page Ref: 543 Difficulty: Moderate
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Application of knowledge 44) What is the major reason that the Internet has such potential for destroying traditional conceptions and implementations of intellectual property law? A) the ability to make perfect copies of digital works at little cost B) the anonymous nature of the Internet C) the support for instant peer-to-peer communication D) the use of standards for file formats
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A Page Ref: 518 Difficulty: Moderate
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Application of knowledge 45) Which of the following protects original forms of expression in a tangible medium? A) trade secret law B) copyright law C) patent law D) trademark law
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B Page Ref: 519 Difficulty: Moderate
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Application of knowledge 46) How long does copyright protection extend for corporate-owned works? A) 25 years B) 50 years C) 75 years D) 95 years
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D Page Ref: 519 Difficulty: Moderate
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Application of knowledge 47) Which of the following situations would not qualify for the fair use exception to U.S. copyright law? A) A professor clips a newspaper article just before class and distributes copies of it to his class. B) A journalist quotes a paragraph from a book in a review of the book. C) A student copies a photograph of his favorite band from a Web site created by the band's record label and places it on the student's personal Web site. D) Google posts thumbnail images of books in the Google Book Search Project.
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C Page Ref: 520-521 Difficulty: Difficult
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Analytical thinking 48) All of the following are factors that will be considered in determining whether use of copyrighted material is "fair use" except the: A) nature of the work used. B) amount of the work used. C) market effect of the use. D) free availability of the work on the Web.
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D Page Ref: 521 Difficulty: Moderate
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Application of knowledge 49) Downloading music tracks owned by record companies without paying for them is an example of a violation of: A) patent law. B) copyright law. C) trademark law. D) privacy law.
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B Page Ref: 491 Difficulty: Moderate
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Application of knowledge 50) All of the following are possible penalties for violating the Digital Millennium Copyright Act (DMCA) except: A) up to ten years imprisonment for a first offense. B) fines up to $500,000 for a first offense. C) fines up to $1 million for a repeat offense. D) restitution to the injured parties for any losses due to infringement.
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A Page Ref: 521-524 Difficulty: Moderate
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Application of knowledge 51) All of the following statements about the Digital Millennium Copyright Act (DMCA) are true except: A) the DMCA makes it illegal to circumvent technological measures to protect works. B) the DMCA makes Internet Service Providers (ISPs) responsible and accountable for hosting Web sites or providing services to infringers regardless of whether the ISP is aware of infringement. C) the DMCA requires search engines to block access to infringing sites. D) the DMCA allows libraries to make digital copies of works for internal use only.
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B Page Ref: 521-524 Difficulty: Moderate
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Application of knowledge 52) Which of the following allows someone to obtain an exclusive monopoly on the ideas behind an invention for 20 years? A) copyright law B) trade secret law C) patent law D) trademark law
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C Page Ref: 524 Difficulty: Moderate
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Application of knowledge 53) All of the following statements about patents are true except: A) it is more difficult to obtain a copyright than it is to obtain a patent. B) the four types of inventions protected by patent law are machines, manmade products, compositions of matter, and processing methods. C) computer programs can be patented. D) in order to be patented, an invention must be nonobvious.
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A Page Ref: 524-525 Difficulty: Moderate
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Application of knowledge 54) Which case was instrumental in paving the way for Internet business methods patents? A) Brown Bag v. Symantec B) State Street Bank ; Trust Co. v. Signature Financial Group, Inc. C) Alice Corporation Pty. Ltd. v. CLS Bank International D) Ticketmaster Corp. v. Tickets.com
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B Page Ref: 529 Difficulty: Difficult
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Application of knowledge 55) Amazon has a patent on: A) download-based sales. B) display of third-party advertisements in floating windows. C) one-click purchasing. D) hyperlinks.
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C Page Ref: 530 Difficulty: Moderate
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Application of knowledge 56) Disputes over federal trademarks involve establishing: A) underlying ideas. B) intent. C) piracy. D) infringement.
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D Page Ref: 531 Difficulty: Moderate
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Application of knowledge 57) Registering a domain name similar or identical to trademarks of others to extort profits from legitimate holders is an example of: A) cybersquatting. B) cyberpiracy. C) framing. D) metatagging.
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A Page Ref: 532 Difficulty: Easy
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Application of knowledge 58) Which of the following handles cybersquatting cases under its Uniform Dispute Resolution procedures? A) ICANN B) FTC C) WIPO D) USPTO
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C Page Ref: 531 Difficulty: Moderate
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Application of knowledge 59) Registering a domain name similar or identical to trademarks of others to divert Web traffic to their own sites is an example of: A) cybersquatting. B) cyberpiracy. C) framing. D) metatagging.
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B Page Ref: 532 Difficulty: Moderate
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Application of knowledge 60) Registering the domain name Faceboik.com with the intent to divert Web traffic from people misspelling Facebook.com is an example of: A) cybersquatting. B) typosquatting. C) metatagging. D) linking.
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B Page Ref: 534 Difficulty: Easy
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Application of knowledge 61) In which of the following cases did the U.S. Supreme Court rule that basic business methods cannot be patented? A) State Street Bank ; Trust v. Signature Financial Group, Inc. B) Bilski et al. v. Kappos C) Alice Corporation Pty. Ltd. v. CLS Bank International D) Brown Bag Software v. Symantec Corp.
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C Page Ref: 529 Difficulty: Moderate
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Application of knowledge 62) The display of a third-party's Web site or page within your own Web site is called: A) cybersquatting. B) metatagging. C) framing. D) deep linking.
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C Page Ref: 536 Difficulty: Moderate
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Application of knowledge 63) The President's Council of Advisors on Science and Technology has called for all of the following except: A) a consumer privacy bill of rights. B) a data breach law requiring firms to report losses of consumer data. C) amendment of the Electronic Communications Privacy Act to strengthen protections against government surveillance. D) a blanket prohibition on commercial data brokers.
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D Page Ref: 504 Difficulty: Difficult
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Application of knowledge 64) Comcast's proposed merger with which of the following would make it the high-speed Internet provider for close to 40% of American homes? A) Cablevision B) AT&T C) Verizon D) Time Warner Cable
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D Page Ref: 544 Difficulty: Moderate
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Application of knowledge 65) According to data from Pew Research Center, which of the following is the action which the highest percentage of Internet users has taken to preserve their privacy online? A) used an anonymous Web browsing service B) encrypted their communications C) cleared Web browser history and cookies D) posted comments online anonymously
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C Page Ref: 500 Difficulty: Difficult
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Application of knowledge 66) The ________ of Internet and Web technology can result in work and shopping invading family life.
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ubiquity Page Ref: 489 Difficulty: Moderate
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Application of knowledge 67) The four major dimensions of e-commerce ethical, social, and political issues are public safety and welfare; property rights; information rights; and ________.
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governance Page Ref: 490-491 Difficulty: Moderate
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Application of knowledge 68) ________ is another name for net neutrality.
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Open Internet Page Ref: 542 Difficulty: Moderate
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Application of knowledge 69) Demographic and behavioral information that does not include any personal identifiers is referred to as ________ information.
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anonymous Page Ref: 496 Difficulty: Easy
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Application of knowledge 70) ________ involves the creation of digital images that characterize online individual and group behavior.
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Profiling Page Ref: 500 Difficulty: Moderate
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Application of knowledge 71) Megaupload is an example of a(n) ________, an online file storage service dedicated to sharing copyrighted material illegally.
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cyberlocker Page Ref: 524 Difficulty: Moderate
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Application of knowledge 72) ________ is the largest private personal database in the world.
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Acxiom Page Ref: 504 Difficulty: Moderate
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Application of knowledge 73) A(n) ________ is a private self-regulating policy and enforcement mechanism that meets the objectives of government regulators and legislation, but does not involve government regulation or enforcement.
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safe harbor Page Ref: 514 Difficulty: Moderate
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Application of knowledge 74) ________ involves bypassing the target site's home page and going directly to a content page.
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Deep linking Page Ref: 535 Difficulty: Moderate
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Application of knowledge 75) ________ copyright infringement lawsuits are concerned with the distinction between an idea and its expression.
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Look and feel Page Ref: 520 Difficulty: Moderate
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Application of knowledge 76) The doctrine of ________ permits teachers and writers to use copyrighted materials without permission under certain circumstances.
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fair use Page Ref: 521 Difficulty: Difficult
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Application of knowledge 77) In trademark law, ________ is defined as any behavior that would weaken the connection between the trademark and the product.
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dilution Page Ref: 531 Difficulty: Moderate
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Application of knowledge 78) Single words, pictures, shapes, packaging, and colors used to identify and distinguish goods are protected under ________ law.
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trademark Page Ref: 531 Difficulty: Moderate
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Application of knowledge 79) Under the ________ Act, American intelligence authorities are permitted to tap into whatever Internet traffic they believe is relevant to the campaign against terrorism, in some circumstances without judicial review.
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USA Patriot, Patriot Page Ref: 538 Difficulty: Difficult
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Application of knowledge 80) The issue of ________ pits those who wish that all Internet traffic is given equal backbone access against telephone and cable companies that would like to charge differentiated prices based on bandwidth and fees paid.
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net neutrality, Open Internet Page Ref: 542 Difficulty: Moderate
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Application of knowledge 81) Discuss in depth one ethical, social, or political issue that is presently in the news surrounding the Internet and e-commerce.
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A student might answer this issue by focusing on any one of a number of ethical, social, or political issues currently surrounding the Internet and e-commerce. Possible topics include privacy issues, intellectual property rights issues (copyright, patents, or trademarks), taxation, Internet governance issues, online pornography, gambling, or the sale of cigarettes and drugs. Page Ref: 484-554 Difficulty: Moderate
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Analytical thinking; Information technology; Written and oral communication 82) Define privacy, information privacy, and informed consent and discuss the ways in which the practices of e-commerce companies, particularly the use of advertising networks, threaten people's privacy.
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Privacy is the moral right of individuals to be left alone, free from surveillance or interference from other individuals including the state. Information privacy includes both the right to prohibit certain information from being collected by either governments or businesses and the right to control the use of whatever information is collected about you. The core concept is the control of your own personal information. Informed consent means that an individual has knowledge of all of the material facts needed to make a rational decision and consent has been given to collect information. In the United States, business firms and government agencies can gather transaction data from the marketplace and use it for other marketing purposes without the informed consent of the individual. In Europe, on the other hand, this is illegal. European businesses can only use transaction data to support the current transaction if they have asked for and received the informed consent of the individual. Advertising networks are a threat to people's privacy because they collect information about how you use the Web including the sites you visit, the keywords you use in searches and other queries, your online purchases, the click-through ads you respond to, information you submit to social networking sites, and other information. These advertising networks, with the permission of the Web sites you visit but not your permission, place cookies on your computer that are used to track your movements as you surf the Web. In addition to this information, they may also compile a profile that contains information that the company infers about you based upon the sites you visit. All of this data is entered into a database and analyzed to create a profile that might include your interests, habits, associations, and inferred personality traits. From a privacy protection perspective, the advertising network raises issues about who will see and use the information held by private companies, whether the user profiles will be linked to actual personally identifying information (such as name, social security number, and bank and credit accounts), the absence of consumer control over the use of the information, the lack of consumer choice, the absence of consumer notice, and the lack of review and amendment procedures. The pervasive and largely unregulated collection of personal information online has raised significant fears and opposition among consumers. Contrary to what the online advertising industry has often said, namely, that the public really does not care about its online privacy, there is a long history of opinion polls that document the public's fear of losing control over their personal information when visiting e-commerce sites. Page Ref: 495-502 Difficulty: Moderate
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Analytical thinking; Information technology; Written and oral communication 83) Describe and evaluate the different methods that are being used to protect online privacy. Which of these methods do you think is or could be the most effective?
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The different methods being used to protect online privacy include legal protections, industry self-regulation, privacy advocacy groups, privacy protection products, and technology solutions. In the United States, the Federal Trade Commission has taken the lead in researching online privacy and recommending legislation to Congress. The FTC has issued the Fair Information Practice (FIP) Principles, which forms the basis for its recommendations for online privacy. Two core principles are Notice/Awareness and Choice/Consent. The Notice/Awareness principle recommends that sites disclose their information practices before collecting data. The Choice/Consent principle recommends that there be a choice system in place that allows consumers to choose how their information will be used for secondary purposes other than supporting transactions. Although the FIP principles are guidelines, not laws, they have stimulated private firms to develop their own guidelines and are being used as the basis of new legislation, such as the Children's Online Privacy Protection Act (COPPA), which requires Web sites to obtain parental permission before collecting information on children under 13 years of age. Recently, the FTC has developed a new framework to address consumer privacy. The main principles are privacy by design, simplified choice, and greater transparency, applied to all commercial entities that collect or use consumer data, not just those that collect PII. It has also called for a "Do Not Track" mechanism for online behavioral advertising. As with FIP, these principles remain guidelines. The emphasis in recent FTC privacy reports is not on restricting the collection of information (as in previous eras of privacy regulation), but instead on giving consumers rights with respect to the information collected about them in large databases and its use by various businesses and agencies. Although several bills have been introduced in Congress to implement them, none have been passed as of yet. Historically, the online industry in the United States has opposed online privacy legislation, arguing that industry can do a better job of protecting privacy than government. However, facing fines, congressional investigations, and public embarrassment over their privacy invading behaviors, with the potential loss of some business and credibility, the major players in the e-commerce industry in the United States are beginning to change some of their policies regarding the treatment of consumer data. Large Internet firms that rely on personal information (Google, Facebook, Microsoft, and many others), along with privacy advocates, are calling on Washington to develop comprehensive consumer privacy protection legislation that would clarify for consumers and business firms the meaning of privacy in the current online commercial environment. The online industry formed the Online Privacy Alliance (OPA) to encourage self-regulation. In addition, the Network Advertising Initiative, a consortium of major Internet advertising companies, was formed to develop policies for the industry. The NAI policies are designed to offer consumers opt-out programs and to provide consumers with redress for abuses. Other forms of self-regulation include various "seals" of approval that sites can display when in compliance with certain privacy policies. However, these seal programs have had a limited impact on Web privacy practices and critics argue that the programs are not particularly effective in safeguarding privacy. In general, industry efforts at self-regulation in online privacy have not succeeded in reducing American fears of privacy invasion during online transactions or in reducing the level of privacy invasion. In addition a number of firms have sprung up to sell products that they claim will help people protect their privacy, from protecting their online reputation to selling their personal information to the highest bidder. Consumer privacy groups have also formed to monitor developments, and there are some technological solutions that help, although primarily in the arena of security. Technological tools include spyware blockers, pop-up blockers, methods to secure e-mail, anonymous remailers, anonymous surfing, and cookie managers. [Student evaluations of which methods are the most effective will vary.] Page Ref: 509-517 Difficulty: Moderate
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Analytical thinking; Information technology; Written and oral communication 84) Describe the purpose of intellectual property law and outline the main types of intellectual property protection.
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The purpose of intellectual property law is to balance two competing interests: the public and the private. The public interest is served by the creation of inventions, works of art, music, literature, and other types of intellectual expression. The private interest is served by rewarding creators of intellectual property by a time-limited monopoly that grants exclusive use to the creator. There are three main types of intellectual property protection: copyright, patent, and trademark law. Copyright law protects original forms of expression such as books, periodicals, and other forms of written expression, art, drawings, photographs, music, movies, performances, and computer programs. Patents grant the owner a 20-year exclusive monopoly on the ideas behind an invention. There are four types of inventions for which patents are granted under patent law: machines, manmade products, compositions of matter, and processing methods. Trademark law is used to protect trademarks — marks used to identify and distinguish goods and indicate their source. Page Ref: 518-519 Difficulty: Moderate
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Analytical thinking; Written and oral communication 85) Explain why the taxation of e-commerce raises governance and jurisdiction issues.
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The taxation of e-commerce illustrates the complexity of the governance and jurisdictional issues in the global economy. Most of the issues surround the sales tax imposed by various states or countries on products sold to residents of their state or country. Governments the world over rely on sales taxes to fund various types of government initiatives and programs including the building of roads, schools, and sewers or other utilities to support business development. In the United States, between the fifty states and the multiple counties and municipalities, there are thousands of different tax rates and policies. For example, in some states food is not taxed at all and there are a myriad of different exceptions and inclusions depending on the locality. However, with the rise of e-commerce and virtual storefronts, the question is raised as to what locale a virtual storefront is considered to be located in. The development of MOTO (mail order/telephone) retail in the 1970s began the discussion on the taxing of remote sales. State and local tax authorities wanted MOTO retailers to collect taxes based upon the address of the recipients, but the Supreme Court has ruled that states cannot force MOTO retailers to collect taxes unless the business has a physical presence in the state. Legislation to the contrary has never been able to garner sufficient support in Congress due to pressure from the catalog merchants, leaving intact an effective tax subsidy for MOTO merchants. The explosive growth of e-commerce, the latest type of "remote sales," has once again raised the issue of how — and if — to tax remote sales. Since its inception, e-commerce has benefited from a tax subsidy of up to 13% for goods shipped to high sales tax areas. Local retail merchants have complained bitterly about the e-commerce tax subsidy. E-commerce merchants have argued that this form of commerce needs to be nurtured and encouraged, and that in any event, the crazy quilt of sales and use tax regimes would be difficult to administer for Internet merchants. Online giants like Amazon claim they should not have to pay taxes in states where they have no operations because they do not benefit from local schools, police, fire, and other governmental services. State and local governments meanwhile see billions of tax dollars slipping from their reach. As Amazon's business model has changed with its building of large distribution centers close to urban areas to enable next-day delivery, so has its opposition to paying sales taxes softened. Page Ref: 539 Difficulty: Difficult
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Analytical thinking; Written and oral communication 86) Describe the five-step process that can be used to analyze an ethical dilemma. What other guidelines are there to help in understanding a complicated ethical or moral situation?
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The five-step process is: 1. Identify and describe the facts. Find out who did what to whom, and where, when, and how. It helps to get the opposing parties involved in an ethical dilemma to agree on the facts. 2. Define the conflict or dilemma and identify the higher-order values involved. Ethical, social, and political issues always reference higher values. Otherwise, there would be no debate. The parties to a dispute all claim to be pursuing higher values (e.g., freedom, privacy, protection of property, and the free enterprise system). 3. Identify the stakeholders. Every ethical, social, and political issue has stakeholders: players in the game who have an interest in the outcome, who have invested in the situation, and usually who have vocal opinions. Find out the identity of these groups and what they want. This will be useful later when designing a solution. 4. Identify the options that you can reasonably take. You may find that none of the options satisfies all the interests involved, but that some options do a better job than others. Sometimes, arriving at a "good" or ethical solution may not always be a balancing of consequences to stakeholders. 5. Identify the potential consequences of your options. Some options may be ethically correct, but disastrous from other points of view. Other options may work in this one instance, but not in other similar instances. Always ask yourself, "What if I choose this option consistently over time?" Other things to consider when appraising a dilemma include basic ethical concepts such as responsibility, accountability, and liability and how these play into the situation. Additionally, you can judge the situation against candidate ethical principles, such as the Golden Rule, the Slippery Slope theory, Universalism, the Collective Utilitarian principle, Risk Aversion theory, the No Free Lunch theory, the New York Times test (Perfect Information rule), and the Social Contract rule. Actions that do not easily pass these guidelines deserve some very close attention and a great deal of caution because the appearance of unethical behavior may do as much harm to you and your company as the actual behavior. Page Ref: 493-495 Difficulty: Moderate
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