Question 1

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

Accepted Answer

A) True 
 B)False

Question 2

Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

Accepted Answer

A) True 
 B)False

Question 3

Employees of Bodegas & Bistros Inc. (B&B) maintain a password-protected social media page to "vent about work." When B&B learns of the page, the company intimidates the network that operates it into revealing the password. After reviewing the posts, B&B fires the participants. Most likely, this is

Accepted Answer

A)  ​a violation of the Stored Communications Act. 
B)  ​within B&B's rights as an employer. 
C)  ​a subject for dispute resolution by B&B's Internet service. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act.​ 
A)  ​a violation of the Stored Communications Act. 
B)  ​within B&B's rights as an employer. 
C)  ​a subject for dispute resolution by B&B's Internet service. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act.​

Question 4

Employees' posts on social media may be protected under labor law.

Accepted Answer

A) True 
 B)False

Question 5

Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is

Accepted Answer

A)  ​a violation of the rights of Fruit's employees. 
B)  ​within Fruit's rights even if the employer did not provide the phones. 
C)  ​a subject for dispute resolution by Fruit's phone service. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act. 
A)  ​a violation of the rights of Fruit's employees. 
B)  ​within Fruit's rights even if the employer did not provide the phones. 
C)  ​a subject for dispute resolution by Fruit's phone service. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act.

Question 6

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.

Accepted Answer

A) True 
 B)False

Question 7

The law restricts the "fair use" of methods for bypassing encryption software for noncommercial purposes.

Accepted Answer

A) True 
 B)False

Question 8

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

Accepted Answer

A)  ​a violation of Keisha's rights as an employee. 
B)  ​within Leeway's rights as an employer. 
C)  ​a subject for dispute resolution by the social media that Keisha used. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act. 
A)  ​a violation of Keisha's rights as an employee. 
B)  ​within Leeway's rights as an employer. 
C)  ​a subject for dispute resolution by the social media that Keisha used. 
D)  ​a "business-extension exception" under the Electronic Communications Privacy Act.

Question 9

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization.

Accepted Answer

A) True 
 B)False

Question 10

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states

Accepted Answer

A)  ​prohibit or regulates the use of spam. 
B)  ​require the use of spam by business entities. 
C)  ​ban the use of spam altogether. 
D)  ​preempt the application of state law to commercial e-mail. 
A)  ​prohibit or regulates the use of spam. 
B)  ​require the use of spam by business entities. 
C)  ​ban the use of spam altogether. 
D)  ​preempt the application of state law to commercial e-mail.

Question 11

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

Accepted Answer

A)  ​the motion picture industry. 
B)  ​recording artists and their labels. 
C)  ​the companies that distribute file-sharing software. 
D)  ​all of the choices. 
A)  ​the motion picture industry. 
B)  ​recording artists and their labels. 
C)  ​the companies that distribute file-sharing software. 
D)  ​all of the choices.

Question 12

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

Accepted Answer

A) True 
 B)False

Question 13

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

Accepted Answer

A)  ​a license. 
B)  ​a cookie. 
C)  ​cloud computing. 
D)  ​a violation of the law. 
A)  ​a license. 
B)  ​a cookie. 
C)  ​cloud computing. 
D)  ​a violation of the law.

Question 14

Federal wiretapping law covers electronic forms of communication.

Accepted Answer

A) True 
 B)False

Question 15

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

Accepted Answer

A)  ​cybersquatting. 
B)  ​typosquatting. 
C)  ​trademark infringement. 
D)  ​trademark dilution. 
A)  ​cybersquatting. 
B)  ​typosquatting. 
C)  ​trademark infringement. 
D)  ​trademark dilution.

Question 16

Fact Pattern 9-2​
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 9-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Accepted Answer

A)  ​none of the choices. 
B)  ​consumers are likely to be confused by the names. 
C)  ​the products involved are similar. 
D)  ​CallTalk ahs registered all variations of the name "calltalk." 
A)  ​none of the choices. 
B)  ​consumers are likely to be confused by the names. 
C)  ​the products involved are similar. 
D)  ​CallTalk ahs registered all variations of the name "calltalk."

Question 17

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are

Accepted Answer

A)  ​licenses. 
B)  ​cookies. 
C)  ​cloud computing. 
D)  ​a violation of the law. 
A)  ​licenses. 
B)  ​cookies. 
C)  ​cloud computing. 
D)  ​a violation of the law.

Question 18

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. In those states with antispam laws, federal law

Accepted Answer

A)  ​prohibits or regulates the use of spam. 
B)  ​requires the use of spam by business entities. 
C)  ​bans the use of spam altogether. 
D)  ​preempts the application of state law to commercial e-mail with certain exceptions. 
A)  ​prohibits or regulates the use of spam. 
B)  ​requires the use of spam by business entities. 
C)  ​bans the use of spam altogether. 
D)  ​preempts the application of state law to commercial e-mail with certain exceptions.

Question 19

Cyber torts are torts that arise from online conduct.

Accepted Answer

A) True 
 B)False

Question 20

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is

Accepted Answer

A)  ​copyright infringement. 
B)  ​within Dana's rights as a computer user. 
C)  ​a basis of liability for the computer maker if it does not act against Dana. 
D)  ​none of the choices. 
A)  ​copyright infringement. 
B)  ​within Dana's rights as a computer user. 
C)  ​a basis of liability for the computer maker if it does not act against Dana. 
D)  ​none of the choices.

Exam 9: Internet Law, Social Media, and Privacy

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

Employees of Bodegas & Bistros Inc. (B&B) maintain a password-protected social media page to "vent about work." When B&B learns of the page, the company intimidates the network that operates it into revealing the password. After reviewing the posts, B&B fires the participants. Most likely, this is

Employees' posts on social media may be protected under labor law.

Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.

The law restricts the "fair use" of methods for bypassing encryption software for noncommercial purposes.

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization.

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

Federal wiretapping law covers electronic forms of communication.

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are

Cyber torts are torts that arise from online conduct.

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Intellectual Property Rights

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Administrative Agencies

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

Property and Its Protection

Filters