Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

At issue inVerizon v.Federal Communications Commissionwas the Open Internet Order and the treatment of ISPs as common carriers.

Accepted Answer

A) True 
 B)False  True

Question 3

The Children's Online Privacy Protection Act

Accepted Answer

A) deals only with the collection of data that will be disclosed to children. 
B) restricts the use of social media sites by children. 
C) regulates the activities of Internet operators with regard to collecting information from children. 
D) is enforced by the EEOC. 
A) deals only with the collection of data that will be disclosed to children. 
B) restricts the use of social media sites by children. 
C) regulates the activities of Internet operators with regard to collecting information from children. 
D) is enforced by the EEOC. C

Question 4

The case of Carafano v.Metrosplash.com,Inc.held that

Accepted Answer

A) the Fourth Amendment applies to computers. 
B) Congress, in enacting the Communications Decency Act, intended that ISPs should not be held liable for information provided by someone else. 
C) Congress had weighed free speech interests with protection of the public from offensive or obscene materials and determined that protection of the public was more important in the Internet setting. 
D) Matchmaker, because it had provided the questionnaires for collecting information from its users, must be considered an "information content provider" under the Communications Decency Act, and it is therefore liable under the Act. 
A) the Fourth Amendment applies to computers. 
B) Congress, in enacting the Communications Decency Act, intended that ISPs should not be held liable for information provided by someone else. 
C) Congress had weighed free speech interests with protection of the public from offensive or obscene materials and determined that protection of the public was more important in the Internet setting. 
D) Matchmaker, because it had provided the questionnaires for collecting information from its users, must be considered an "information content provider" under the Communications Decency Act, and it is therefore liable under the Act.

Question 5

What provisions is commercial email subjected to under the CAN-SPAM Act?

Accepted Answer

Under the CAN-SPAM Act,commercial email:

Question 6

Unsolicited commercial e-mail (UCE)or unsolicited bulk e-mail (UBE)messages

Accepted Answer

A) are commonly known as "cookies." 
B) constitute about 90 percent of all e-mail. 
C) are estimated to be fraudulent either in content or packaging in approximately one-fourth of all cases. 
D) although annoying, do lower the cost of connecting to the Internet. 
A) are commonly known as "cookies." 
B) constitute about 90 percent of all e-mail. 
C) are estimated to be fraudulent either in content or packaging in approximately one-fourth of all cases. 
D) although annoying, do lower the cost of connecting to the Internet.

Question 7

Which of the following is a true statement regardingthe European Union's Privacy Directive?

Accepted Answer

A) It requires an "opt-out" system under which tracking tools can be used unless the consumer specifically "opts-out" of the program. 
B) The directive establishes data protection for Europeans' commercial transactions that take place in EU member countries only. 
C) It requires an "opt-in" system under which tracking tools cannot be used unless the consumer specifically grants permission for their use. 
D) The directive does not recognize that privacy can exist in public places. 
A) It requires an "opt-out" system under which tracking tools can be used unless the consumer specifically "opts-out" of the program. 
B) The directive establishes data protection for Europeans' commercial transactions that take place in EU member countries only. 
C) It requires an "opt-in" system under which tracking tools cannot be used unless the consumer specifically grants permission for their use. 
D) The directive does not recognize that privacy can exist in public places.

Question 8

Musical Productions has a privacy policy posted on its website but it does not follow the provisions contained within it.Musical Productions is in violation of

Accepted Answer

A) the CAN-SPAM Act. 
B) the Communication Decency Act. 
C) Section 5 of the FTC Act. 
D) the Electronic Communications Privacy Act. 
A) the CAN-SPAM Act. 
B) the Communication Decency Act. 
C) Section 5 of the FTC Act. 
D) the Electronic Communications Privacy Act.

Question 9

The public disclosure tort requires the plaintiff to show all of the following EXCEPT

Accepted Answer

A) the defendant divulged secret information to a number of people, not just one person. 
B) the disclosed facts had been private. 
C) the disclosed facts were a legitimate concern to the public. 
D) the disclosure is highly offensive to a reasonable person. 
A) the defendant divulged secret information to a number of people, not just one person. 
B) the disclosed facts had been private. 
C) the disclosed facts were a legitimate concern to the public. 
D) the disclosure is highly offensive to a reasonable person.

Question 10

Which of the following protects e-mail messages from unauthorized interception?

Accepted Answer

A) CAN-SPAM 
B) FIPS 
C) ECPA 
D) COPPA 
A) CAN-SPAM 
B) FIPS 
C) ECPA 
D) COPPA

Question 11

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA)is true?

Accepted Answer

A) To spy on people located in the United States who are communicating abroad, the government needs a warrant. 
B) FISA was enacted in 1978, but its provisions were greatly strengthened in the aftermath of the 9/11 terrorist attacks. 
C) Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance. 
D) To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court. 
A) To spy on people located in the United States who are communicating abroad, the government needs a warrant. 
B) FISA was enacted in 1978, but its provisions were greatly strengthened in the aftermath of the 9/11 terrorist attacks. 
C) Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance. 
D) To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

Question 12

What isspam?

Accepted Answer

A) a form of tracking software 
B) unsolicited commercial email 
C) a federal statue regarding privacy 
D) behavioral marketing regulations 
A) a form of tracking software 
B) unsolicited commercial email 
C) a federal statue regarding privacy 
D) behavioral marketing regulations

Question 13

Explain the core principles in the Code of Fair Information Practices.

Accepted Answer

There are four core principles of the FI

Question 14

As it pertains to the Electronic Communications Privacy Act,all of the following are considered electronic communication EXCEPT

Accepted Answer

A) websites 
B) email 
C) cell phones 
D) social media 
A) websites 
B) email 
C) cell phones 
D) social media

Question 15

Stuart is vying for a promotion,but faces competition from a co-worker,Brenda.Without authorization,Stuart accesses stored company records and discovers an unfavorable e-mail message Brenda had written about the company.Stuart sends the message to his supervisor in hopes of keeping Brenda from getting the promotion.Discuss whether Stuart has violated any statute and,if so,what sanctions he may face.

Accepted Answer

Stuart violated the Electronic Communica

Question 16

Social media postings,wikis,customer reviews,and blogs are all examples of user-generated content.

Accepted Answer

A) True 
 B)False

Question 17

At its inception,the Communications Decency Act of 1996,created broad immunity for Internet service providers (ISPs)and websites.

Accepted Answer

A) True 
 B)False

Question 18

Under the Electronic Communications Privacy Act

Accepted Answer

A) violators are subject to both criminal and civil penalties. 
B) violators may be subject to civil, but not criminal, penalties. 
C) only the unauthorized disclosure of e-mail messages constitutes a violation. 
D) only the unauthorized interception of e-mail messages by the government or an ISP constitutes a violation. 
A) violators are subject to both criminal and civil penalties. 
B) violators may be subject to civil, but not criminal, penalties. 
C) only the unauthorized disclosure of e-mail messages constitutes a violation. 
D) only the unauthorized interception of e-mail messages by the government or an ISP constitutes a violation.

Question 19

Emily,an 11-year-old girl,wants to sign-up for a fashion newsletter and sweepstakes.In order to do so,the website wants to know Emily's name,address,phone number,and e-mail address.Which of the following is correct?

Accepted Answer

A) Emily must have permission from her parents in order to furnish the information to the website. 
B) Under the Children's Online Privacy Protection Act, the website cannot collect any of this information from Emily, even if her parents give her permission. 
C) Under Section 5 of the FTC Act, the website is protected from disciplinary action if Emily provides the requested information. 
D) The Electronic Communications Privacy Act will allow the website to collect Emily's information, but restricts the website from sharing the information with other firms. 
A) Emily must have permission from her parents in order to furnish the information to the website. 
B) Under the Children's Online Privacy Protection Act, the website cannot collect any of this information from Emily, even if her parents give her permission. 
C) Under Section 5 of the FTC Act, the website is protected from disciplinary action if Emily provides the requested information. 
D) The Electronic Communications Privacy Act will allow the website to collect Emily's information, but restricts the website from sharing the information with other firms.

Question 20

Section 5 of the FTC Act requires all websites to have a privacy policy.

Accepted Answer

A) True 
 B)False

Exam 10: Cyberlaw and Privacy

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

At issue inVerizon v.Federal Communications Commissionwas the Open Internet Order and the treatment of ISPs as common carriers.

The Children's Online Privacy Protection Act

The case of Carafano v.Metrosplash.com,Inc.held that

What provisions is commercial email subjected to under the CAN-SPAM Act?

Unsolicited commercial e-mail (UCE)or unsolicited bulk e-mail (UBE)messages

Which of the following is a true statement regardingthe European Union's Privacy Directive?

Musical Productions has a privacy policy posted on its website but it does not follow the provisions contained within it.Musical Productions is in violation of

The public disclosure tort requires the plaintiff to show all of the following EXCEPT

Which of the following protects e-mail messages from unauthorized interception?

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA)is true?

What isspam?

Explain the core principles in the Code of Fair Information Practices.

As it pertains to the Electronic Communications Privacy Act,all of the following are considered electronic communication EXCEPT

Social media postings,wikis,customer reviews,and blogs are all examples of user-generated content.

At its inception,the Communications Decency Act of 1996,created broad immunity for Internet service providers (ISPs)and websites.

Under the Electronic Communications Privacy Act

Emily,an 11-year-old girl,wants to sign-up for a fashion newsletter and sweepstakes.In order to do so,the website wants to know Emily's name,address,phone number,and e-mail address.Which of the following is correct?

Section 5 of the FTC Act requires all websites to have a privacy policy.

Introduction to Law

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