Exam 11: Cyberlaw

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The key to being able to have Internet Service Providers (ISPs)release identities of those who post statements on the Internet is whether the posters were engaged in illegal or harmful activities.

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Bon,located in Florida,desires to enter into a contract with Jon,a resident of Maine.Neither wishes to meet face-to-face,as both are busy with a variety of business interests.Instead,they wish to form a contract over the Internet.Would a contract formed over the Internet be valid?

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The formation of a contract over the Internet is governed by the same laws that apply when a contract is formed face-to-face.Perhaps the only issue of significance peculiar to entering into a contract in cyberspace is the validity of "E-signing." Federal law recognizes the validity of digital signatures,but states are assigned the responsibility for regulating the authenticity and validity of signatures on contracts.

The majority of fraud complaints received by the FBI relate to:

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Employees may waive their attorney-client privileges when using their work computers for communication.

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The term "cyberspace" describes the World Wide Web and Internet communication.

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The Electronic Communications Privacy Act of 1986 (ECPA)is useful in resolving privacy issue questions.

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The law of real property is included in those categories of legal issues covered by cyberlaw.

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The distinction between offer and acceptance is no longer relevant in cyberlaw.

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Appropriation involves taking an image,likeness,or name for purposes of commercial advantage.

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__________ is a federal law that recognizes digital signatures as authentic for purposes of contract formation.

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Statutory protections for privacy in cyberspace:

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Plaintiffs can successfully subpoena Internet Service Providers (ISPs)to obtain the identify of individuals who make defamatory remarks:

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It is a crime to post nasty opinions about someone in an Internet chat room.

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Contract formation in cyberspace is the result of a desire for businesses to use a common language to form contracts.

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__________ refers to laws and precedent applicable to Internet transactions and communications.

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Sales tax on Internet sales:

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The Internet Tax Freedom Act (ITFA)prohibits companies from charging sales tax on Internet transactions.

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Cyberlaw is a completely new area of law,unrelated to any established field of law.

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The formation of contracts in cyberspace is always governed by the law of the United States.

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Employers are required to give notice to employees that they will monitor their employees' e-mail.

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