Exam 9: Internet Law,social Media,and Privacy

Federal law allows the intentional interception of any wire,oral,or electronic communication.

Fact Pattern 9-B2 (Questions B5-B7 apply) CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk")as its second-level domain.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 9B-2.CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit,CallTalk has to ask the court for a subpoena to discover

Sales & Revenue,Inc.,discovers that defamatory statements about its policies and products are being posted in an online forum.TransWeb,Inc.,the Internet service provider whose users are posting the messages,refuses to disclose the identity of the person or persons responsible.Sales & Revenue files a suit against the anonymous users.The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by

Stefano transfers copyrighted music recordings,without the copyright owners' authorization,to his friends.This is

Cybersquatting occurs when key words are inserted into the hypertext markup language code to tell Internet browsers specific information about a Web page.

InfoFree Inc.,makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection.Under the Digital Millennium Copyright Act,this is

Federal wiretapping law covers electronic forms of communication.

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY,Inc.,an unaffiliated company.BurgerBoyNY does not obtain ownership rights in the mark.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.

Trademark dilution occurs when a person registers a domain name that is the same as,or confusingly similar to,the trademark of another and then offers to sell the domain name back to the original owner.

OntheWeb Company is an Internet service provider.OntheWeb's customer Phoebe commits copyright infringement.OntheWeb is not liable for Phoebe's activity

Fact Pattern 9-B2 (Questions B5-B7 apply) CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk")as its second-level domain.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-B2.By using a similar domain name to CallTalk's,CellTalk is most likely attempting to profit from its competitor's

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

It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.

Fact Pattern 9-B1 (Questions B1-B3 apply) Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Hot Trends,Inc.,sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate.Ilene sends e-mail notes to her friends,relatives,and co-workers,discussing personal issues and recommending products or services that she likes. -ConnectWeb,Inc.,an Internet service provider (ISP),supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions.For this disclosure,federal law gives ConnectWeb and other ISPs immunity from liability.This is

Fact Pattern 9-B2 (Questions B5-B7 apply) CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk")as its second-level domain.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-B2.Call&Talk's use of the domain name "callltalk," without CallTalk's authorization,to sell pornographic phone conversations,is

In some states,an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

Fact Pattern 9-B1 (Questions B1-B3 apply) Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Hot Trends,Inc.,sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate.Ilene sends e-mail notes to her friends,relatives,and co-workers,discussing personal issues and recommending products or services that she likes. -Refer to Fact Pattern 9-B1.One of the senders-Great Looks,Hot Trends,or Ilene-is acting outside the bounds of federal law.Federal law prohibits the sending of

Discount Retail Corporation's social media policy directs its employees to "avoid negative public comments about your company." Elin is an employee of Discount Retail.When Elin criticizes fellow employees online,Discount Retail fires her.Elin then files a suit against the employer,seeking reinstatement.The court will most likely