Ch.9 - Privacy and Internet Laws

Question 1

We lose our privacy through…

Answer 1

Data breaches
Surveillance
Big Data
The Internet of Things

Question 2

The internet of things

Answer 2

Refers to internet-connected everyday devices, vehicles, and even buildings

Question 3

The Fourth Amendment

Answer 3

Prohibits unreasonable searches and seizures by the government

Question 4

Reasonable expectation of privacy

Answer 4

The test to analyze whether privacy should be protected

Question 5

The two requirements for establishing a reasonable expectation of privacy are…

Answer 5

1. The person had an actual subjective expectation of privacy
2. Society accepts the person’s expectation of privacy as reasonable

Question 6

Do employees have a reasonable expectation to privacy?

Answer 6

Courts have generally held that employees do not have a reasonable expectation of privacy in the workplace, especially if using hardware provided by the employer, or if the employee handbook says they may be monitored

Question 7

Public disclosure of private facts

Answer 7

A tort providing redress to victims of unauthorized and embarrassing disclosures

Question 8

The public disclosure tort requires the plaintiff to show…

Answer 8

• The defendant made public disclosure
• The disclosed facts had been privately disclosed
• The facts were not of legitimate concern to the public
• The disclosure is highly offensive to a reasonable person

Question 9

The tort of intrusion requires the plaintiff to show that the defendant….

Answer 9

1. intentionally intruded, physically or otherwise
2. upon the solitude or seclusion of another or on their private affairs or concerns
3. in a manner highly offensive to a reasonable person

Question 10

ECPA (Electronic Communications Privacy Act of 1984)

Answer 10

A federal statute prohibiting unauthorized interception of, access to, or disclosure of wire and electronic communications

Question 11

Wiretap Act

Answer 11

The section of the ECPA that prohibits the interception of face-to-face oral communications and telephone calls

Question 12

Stored Communications Act

Answer 12

The section of the ECPA that prohibits the unlawful access to stored communications, such as email

Question 13

What does the Wiretap Act not protect?

Answer 13

• If one party to the conversation consents
• Businesses may monitor conversations with customers if they give notice
• only protect speakers with a reasonable expectation of privacy in the conversation

Question 14

Under the Stored Communications Act…

Answer 14

• Any intended recipient of an electronic communication has the right to disclose it
• ISPs (Internet service providers) are generally prohibited from disclosing electronic messages to anyone other than the addressee

Question 15

ISPs (Internet Service Providers)

Answer 15

Companies that connect users to the internet

Question 16

Employers have the right to… and are prohibited from…

Answer 16

1. monitor electronic communications even if it does not relate to work activities
2. accessing an employee’s social media profile by trickery or coercion

Question 17

FISA (Foreign Intelligence Surveillance Act)

Answer 17

Federal statute governing the government’s collection of foreign intelligence in the United States

Question 18

User-generated content

Answer 18

Any content created and made publicly available by end users

Question 19

Defamation exceptions

Answer 19

Opinions
Statements that are verifiably false
Anonymity

Question 20

SLAPP (Strategic Lawsuit Against Public Participation)

Answer 20

A defamation lawsuit whose main objective is to silence speech through intimidation rather than win a defamation case on the merits

Question 21

The first amendment does not protect against…

Answer 21

Treats of violence against individuals

Question 22

Communications Decency Act of 1996

Answer 22

Provides ISPs immunity from liability when information was provided by an end user

Question 23

Under the CDA…

Answer 23

end users and anyone who simply provides a neutral forum for information (such as ISPs and website operators) are not liable for content that is provided by someone else. Only content providers are liable.

Question 24

Section 5 of the FTC Act…

Answer 24

prohibits unfair and deceptive acts or practices

Question 25

Spam

Answer 25

Unsolicited commercial email

Question 26

CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act)

Answer 26

Federal statute that regulates spam, does not prohibit it

Question 27

Commercial emails…

Answer 27

• May not have deceptive headings
• Must offer an opt-out system and honor them promptly
• Must clearly indicate that it’s an ad
• Must provide valid physical return address
• must clearly indicate the nature of pornographic messages

Question 28

Data breech laws

Answer 28

Require businesses to notify individuals affected by a security breach

Question 29

Data disposal laws

Answer 29

Mandate that businesses destroy customer data and maintain reasonable security procedures to guard against theft

Question 30

Every time Dave logs on to his company computer, he clicks “I agree” to the firm’s computer usage policy, which states that the employer can monitor everything he does online. On his lunch break, Dave logs on to his Facebook account from his company computer to upload some pictures from his weekend’s activities. Can Dave’s employer snoop?

Answer 30

Dave does not have a reasonable expectation of privacy on his work computer, even if he is on break and on his private Facebook page. He consented to employer surveillance when he logged in. © Cengage

Question 31

Dr. Norman Scott was the head of the orthopedics department at a hospital. His contract with the hospital provided for $14 million in severance pay if the hospital fired him without cause. When the hospital fired him, he filed suit seeking his $14 million. He used the hospital’s email system to send emails to his lawyer. The hospital notified him that it had copies of these emails, which it planned to read. He said that the hospital did not have this right because the emails were protected by the attorney–client privilege, which is a legal right to keep communications between a lawyer and a client secret.

Answer 31

The court ruled that the hospital could read the emails. If the doctor wanted the content of these emails to be protected under the attorney–client privilege, he should not have sent them over the hospital email system.

Question 32

Ton Cremers was the director of security at Amsterdam’s famous Rijksmuseum and the operator of the Museum Security Network (the Network) website. Robert Smith, a handyman working for Ellen Batzel in North Carolina, sent an email to the Network alleging that Batzel was the granddaughter of Heinrich Himmler (one of Hitler’s henchmen) and that she had art that Himmler had stolen. These allegations were completely untrue. Cremers posted Smith’s email on the Network’s website and sent it to the Network’s subscribers. Cremers exercised some editorial discretion in choosing which emails to send to subscribers, generally omitting any that were unrelated to stolen art. Is Cremers liable to Batzel for the harm that this inaccurate information caused?

Answer 32

The court found that Cremers was not liable under the CDA.

Question 33

The following agency is charged with the regulation of electronic communications:
(a) National Security Agency
(b) Federal Trade Commission
(c) Federal Communications Commission
(d) Foreign Intelligence Surveillance Court

Question 34

Because Blaine Blogger reviews movies on his blog, cinemas allow him in for free. Nellie Newspaper Reporter also gets free admission to movies.

Blaine_______________
disclose on his blog that he receives free tickets. Nellie_______________ disclose in her articles that she receives free tickets.
(a) must, must
(b) need not, need not
(c) must, need not
(d) need not, must

Answer 34

(c) must, need not

Question 35

Which of the following is not protected by the First Amendment?
(a) True threats
(b) All threats
(c) Offensive language
(d) Insults

Question 36

An employer has the right to monitor workers’ electronic communications if:
(a) the employee consents.
(b) the monitoring occurs in the ordinary course of business.
(c) the employer provides the computer system.
(d) All of these
(e) None of these

Answer 36

(d) All of these

Question 37

Spiro Spammer sends millions of emails a day asking people to donate to his college tuition fund. Oddly enough, many people do. Everything in the emails is accurate (including his 1.9 GPA). Which of the following statements is true?
(a) Spiro has violated the CAN-SPAM Act because he has sent unsolicited commercial emails.
(b) Spiro has violated the CAN-SPAM Act if he has not offered recipients an opportunity to unsubscribe.
(c) Spiro has violated the CAN-SPAM Act because he is asking for money.
(d) Spiro has violated the CAN-SPAM Act unless the recipients have granted permission to him to send these emails.

Answer 37

(b) Spiro has violated the CAN-SPAM Act if he has not offered recipients an opportunity to unsubscribe.

Question 38

Sushila suspects that her boyfriend Plum is being unfaithful. While he is asleep, she takes his smart phone out from under his pillow and goes through all his texts. Which law has Sushila violated?
(a) The First Amendment
(b) The Communications Decency Act
(c) The Stored Communications Act
(d) The Wiretap Act
(e) None

Answer 38

(e) None