Ch 9 - Internet Law, Social Media, and Privacy

Question 1

Spam

Answer 1

unsolicited “junk email” that floods virtual mailboxes with advertisements, solicitation, and other messages

Question 2

State reg o spam

Answer 2

37/50

rq spam senders to instruct recipients on how they can opt out

Question 3

US safe web act

Answer 3

allows FTC to cooperate and share information with foreign agencies in investigating and prosecuting those involved in Internet frauds and deceptions
provides safe harbor for ISPs, giving immunity from liability for supplying info to FTC concerning possible unfair or deceptive conduct in foreign jurisdictions

Question 4

Federal can-spam act (6)

Answer 4

commercial electronic mail messages
Preempts state antispam laws except f state laws that prohibit false and deceptive emailing practices
Prohibited: use of false return address;
use of false, misleading, or deceptive information when sending email;
use of “dictionary attacks” = sending messages to randomly generated e-mail addresses;
“harvesting” of email addresses from websites through use of specialized software

Question 5

ISP

Answer 5

organizations that provide access to the Internet

Question 6

Domain names

Answer 6

part of an internet address

Question 7

goodwill

Answer 7

nontangible value of a business

Question 8

ICANN / Internet Corp for Assigned names

Answer 8

oversees dist o domain names

Question 9

resitrar companies

Answer 9

charge fee to businesses and indv to register new names and to renew annual registrations, mj~ also buy + sell expired domain names

Question 10

cybersquatting

Answer 10

person registers domain name that is the same as, or confusingly sim to, the trademark of another and then offers to sell the domain name back to the trademark owner

Question 11

Anticybersquatting Consumer Protection Act

Answer 11

Mkes cybersquatting illegal when both are true:

• Domain name is identical or confusingly similar to the trademark of another
• The one registering, trafficking in, or using the domain name has a “bad faith intent” to profit from that trademark

Question 12

typosquatting

Answer 12

registering a name that is a misspelling of a popular brand

Question 13

Cybersquatting remedies (3)

Answer 13

actual damages + profits/statutory damages
maj~ resolve thr Uniform Domain-Name Dispute Resolution Policy (UDRP) b/c allows common law trademark claims and has fewer procedural rq
Uniform Rapid Suspension (URS) system - only used by registered trademark holders w clear-cut infringement claims

Question 14

meta tags

Answer 14

key words that give Internet browsers specific information about a Web page; can use used to increase likelihood site included in search engine results

• Using another’s trademark in a meta tag wo owners permission normal constitutes trademark infringement
• • Unless use - reasonably necessary + X suggest owner authorized/sponsored the use

Question 15

Copyrights in digital information (general)

Answer 15

whenever a party downloads software or music into a computer’s RAM, without authorization, copyright - infringed
Icnl * who exchnage unquthorizes copies of copyrighted works wo realizing a profit

Question 16

Digital Millennium Copyright Act

Answer 16

est civil and criminal penalities for anyone who circumvents encryption software or other technological antipiracy protection; prohibits manu, import, sale + distr of devices/services for circumvention

• ALLOWS FAIR USE
• LIMITS LIABILITY OF INTERNET SERVICE PROVIDERS - ISP not liable for copyright infringement unless aware of the violation + fails to shut down * after learning of violation

Question 17

methods of file-sharing

Answer 17

p2p networking - indv in network o numerous computer connected to each other thr the internet can access files stored on other computers
Cloud computing = subscription-based or pay-per-use service that extends a computers software or storage capabilities

Question 18

social media employer policies

Answer 18

many large corp est specific guidelines on social media use in workplace

Question 19

electronic communication privacy act

Answer 19

Prohibits intentional interception of any wire, oral, or electronic comm, X intentional disclosure / use of info obtained thr interception

Question 20

stored communications act (2)

Answer 20

prohibits intentional and unautho access to stored electronic comm and sets forth crim and civil sanctions f violaters, prevents providers of communication services from divulging private comm to certain entities

Question 21

intranets

Answer 21

business’s internal networks, tone is businesslike

Question 22

How to ID author o online defamation

Answer 22

ISP can disclose personal info abt cust only when ordered by court

Question 23

(online defamation) liability of ISPs

Answer 23

ISPs X libalible for publsihing defaatory statements

EXCEPTIONS - acts against fed law?

Question 24

(Internet law) privacy

Answer 24

reasonable expectation of privacy

data collection and cookies

Question 25

cookies

Answer 25

invis files that computers create to track users web browsing activities