Chapter 17

Question 1

The sale, lease, or licensing of goods and services using the internet.

Answer 1

electronic commerce (e-commerce)

Question 2

contract entered into by the parties use of email

Answer 2

email contract

Question 3

contract entered into by the parties use of text messaging

Answer 3

text contract

Question 4

contract that is entered into electronically.

Answer 4

electronic contract

Question 5

A contract entered into by purchasing, leasing, or licensing goods, services, software, or other intellectual property from websites operated by sellers, lessors, and licensors.

Answer 5

web contract

Question 6

A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

Answer 6

electronic agent

Question 7

A federal statute that (1) recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds and (2) recognizes and gives electronic signatures— e-signatures—the same force and effect as handwritten, pen-inscribed signatures on paper.

Answer 7

Electronic Signatures in Global and National Commerce Act (E-SIGN Act)

Question 8

A signature that is inscribed using an electronic means.

Answer 8

e-signature

Question 9

A contract that transfers limited rights in intellectual property and information rights.

Answer 9

license

Question 10

An owner of intellectual property or information rights who transfers rights in the property or information to the licensee

Answer 10

licensor

Question 11

A party who is granted limited rights in or access to intellectual property or information rights owned by a licensor.

Answer 11

licensee

Question 12

A license in which, for the specified duration of the license, the licensor will not grant to any other person rights to the same information.

Answer 12

exclusive license

Question 13

A contract whereby the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.

Answer 13

e-license

Question 14

The owner of a software program or digital application that grants a license to someone to use the software program or digital application.

Answer 14

e-licensor

Question 15

The owner of a computer or digital device to whom an electronic license (e-license) is granted to use another’s software program or digital application.

Answer 15

e-licensee

Question 16

A detailed and comprehensive written agreement between a licensor and a licensee that sets forth the express terms of their agreement.

Answer 16

licensing agreement

Question 17

A federal statute that curbs abusive telemarketing calls, texts, and faxes

Answer 17

Telephone Consumer Protection Act (TCPA)

Question 18

A federal administrative agency that is empowered to enforce the Telephone Consumer Protection Act (TCPA) and to adopt rules and regulations to implement the law.

Answer 18

Federal Communications Commission (FCC)

Question 19

federal statute that provides protections against illegal robocalls, spam calls and texts, and malicious caller ID spoofing.

Answer 19

Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act)

Question 20

A federal statute that authorized the Federal Trade Commission (FTC) to create a registry on which consumers can place their names and personal mobile or residential telephone numbers to prevent most unsolicited commercial telephone calls and texts.

Answer 20

Do-Not-Call Implementation Act

Question 21

A federal administrative agency that created and administers the National Do-Not-Call Registry.

Answer 21

Federal Trade Commission (FTC)

Question 22

A federal registry on which consumers can place their names and personal wireless or land line telephone numbers to prevent unsolicited telemarketing and commercial telephone calls and texts.

Answer 22

National Do-Not-Call Registry

Question 23

A federal statute that places certain restrictions on persons and businesses that send unsolicited commercial advertising (spam) to email accounts, prohibits falsified headers, prohibits deceptive subject lines, and requires spammers to label sexually oriented email as such.

Answer 23

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

Question 24

companies that provide consumers and businesses with access to the internet

Answer 24

Internet Service providers (ISPs)

Question 25

federal statute stating that internet service providers are not liable for the content transmitted over their networks by email users and websites.

Answer 25

Communications Decency Act

Question 26

A unique name that identifies an individual’s or company’s website.

Answer 26

domain name

Question 27

a private nonprofit organization that oversees the registration and regulation of domain names.

Answer 27

Internet Corporation for Assigned Names and Numbers (ICANN)

Question 28

A domain extension at the highest level in the hierarchical domain name system of the internet.

Answer 28

top-level domain (TLD)

Question 29

A domain that is not restricted to any geographic or country designation

Answer 29

generic top-level domain (gTLD)

Question 30

A top-level domain that is assigned to a country, territory, or sovereign state.

Answer 30

country code top-level domain (ccTLD)

Question 31

A situation that occurs when a party registers a domain name that is the same as another party’s trademarked name or a famous person’s name

Answer 31

cybersquatting

Question 32

A federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.

Answer 32

Anticybersquatting Consumer Protection Act (ACPA)