LA FINAL CHP 6 online defamation and privacy Flashcards
torts that arise from online conduct
cyber tort
most prevalent cyber tort is
online defamation
an initial issue raised by online defamation is simply discovering
who is committing it
a threshold barrier to anyone who weeks to bring an action for online defamation is
discovering the identity of a the person who posted the defamatory message
one who repeats or republishes a defamatory statement is subject to
liability as if he or she had originally published it
The Communications Decency Act (CDA) states that
no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another info content provider
Under the CDA, ISPs usually are treated differently from publishers in print and other media and are not liable for
publishing defamatory statements that come from a third party
While most courts think the CDA protects internet service providers (ISPs) from getting in trouble for what others post online,
a few courts are saying there are some situations where this protection doesn’t apply.
the courts have held that the right to privacy is guaranteed by the bill of rights
and some state constitutions guarantee it as well
invisible files that computers, smartphones, and other mobile devices create to track user’s web browsing activites
cookies
investigates consumer complaints of privacy violations
Federal trade commission
the FTC forced many internet companies, including Google, Facebook, Twitter, and Myspace, to enter a consent decree that gives the FTC broad power to
review their privacy and data practices
to protect consumer’s personal information, the Obama administration proposed a
consumer privacy bill of rights, the goal is to ensure that personal information is safe online
consumers have a right to exercise control over what personal data organizations collect from them and how they use it
individual control
consumers have the right to easily understandable info about privacy and security practices
transparency
consumers have a right to expect that organizations will collect, use, and disclose personal data in ways that are consistent with the context in which consumers provide data
respect for context
consumers have the right to secure and responsible handling of personal data
security
consumers have a right to access and correct personal data in usable formats, in a manner that is appropriate to the sensitivity of the data and the risk of adverse consequences to consumers if the data are inaccurate
access and accuracy
consumers have a right to reasonable limits on the personal data that companies collect and retain
focus collection
consumers have a right to have personal data handled by companies with appropriate measures in place to assure that they adhere to the consumer privacy bill of rights
accountability
if this proposed privacy bill of rights become law, retailers will have to change some procedures:
- retailers will have to give customers better choices about what data are collected and how the data are used for marketing
- retailers will have to take into account consumers expectations about how their information will be used once is collected
- retailers will have to allow consumers to set reasonable limits on the personal info that is collected about them
