ml&e midterm

Question 1

section 230 of the communications decency act

Answer 1

allows social media platforms such as Facebook and Twitter to escape liability for defamation/invasion of privacy by their users, and to avoid responsibility for misinformation and disinformation that critics say are fostering partisan divisions.

Question 2

section 512(c) of the digital millennium copyright act

Answer 2

gives social media sites immunity from liability of copyrighted material shared by people using the platforms; users may face liability for the copyrighted content they post, the platforms may not. This is only true, however, if the platform has a mechanism in place whereby the legitimate copyright owner can request removal of infringing content. Facebook, Twitter, YouTube and similar platforms also must not receive a financial benefit directly attributable to the infringing activity.

Question 3

social media and the first amendment

Answer 3

The First Amendment, they said, does not require private companies such as Facebook, YouTube, Twitter or The New York Times to post content contrary to their policies

Question 4

paying for content

Answer 4

as long as the author of the material is not its employee, web hosts do not lose section 230 immunity if they pay for the content posted to their sites

Question 5

promissory estoppel

Answer 5

a legal principle stating that if a person promises to do something, legal liability might ensue for someone’s reasonable reliance on this promise.

Question 6

Third-party doctrine

Answer 6

a person who voluntarily places personal information in the hands of another, through the internet or by other means, relinquishes Fourth Amendment protection in this information; emails/other online communications can be seized + read by federal authorities without a warrant

Question 7

stored communications act

Answer 7

allows federal authorities to review emails after filing a subpoena. Only a subpoena is needed to compel ISPs to save all emails for six months because of the third-party doctrine.

Question 8

Who protects privacy online privacy for social media?

Answer 8

Federal Trade Commission (FTC)

Question 9

T/F: social media is not liable for the use or abuse of most personal data about people, their activities, and their transactions — only for misrepresenting what data are collected and how such data are used. Intrusions of privacy may be allowed, as long as the site’s user agreement does not directly misrepresent what it is doing?

Answer 9

True

Question 10

Workplace access to social media

Answer 10

12 states have passed laws restricting employers from demanding access to their employees’ social media sites (new jersey first); such as a Facebook account that is restricted to friends only; prohibits “Shoulder surfing,” or making an employee access a personal account while management watches and requiring an applicant or employee to change the privacy settings on a restricted account to a less-restrictive setting so that the employer can access it or by forcing the employee to accept an employer’s “friend” request; also prohibits an employer from retaliating or discriminating against a job applicant or employee for refusing to provide log-in information to the employer

Question 11

Linking

Answer 11

hyperlinks are not generally considered copyright infringement; but, if you link so deeply to another person’s site to the point where a reader does not know who wrote it, can be copyright infringement.

Question 12

bloggers are both __ and __ of interactive computer services

Answer 12

providers; users

Question 13

T/F: Bloggers are users when they post blogs and are providers when they allow third parties to add comments, photos or videos to their blogs; As providers, bloggers have the same immunities under Section 230 as Facebook, YouTube and Twitter and might not be held liable for defamatory statements contained in comments, emails and other material posted at the end of their blogs by third parties. As users, they do not

Answer 13

true

Question 14

are bloggers journalists?

Answer 14

bloggers are extended to the same 1st amendment protections as journalists; if they’re blogging about matters of public interest (ONLY IN 9TH CIRCUIT, the rest dont afford bloggers 1st amendment protections)

Question 15

11th Circuit Court of Appeals vs 5th Circuit Court of Appeals

Answer 15

The 5th Circuit based in Texas rejected these arguments. The crux of the 5th Circuit’s decision was its classification of the platforms as “common carriers.” The Court ruled that the platforms do not exercise “editorial judgment” and should not be considered “publishers” like newspapers. the 5th Circuit classified social media platforms as “common carriers” like telephone companies, which are subject to statutory nondiscrimination requirements; The 11th Circuit Court held that Florida legislators did not have the authority to proclaim platforms as “common carriers” and strip them of First Amendment protections, and declared the law unconstitutional. 11th Circuit instead determined that the platforms’ content moderation decisions were an exercise of constitutionally protected “editorial judgment” and self-expression

Question 16

net neutrality

Answer 16

the notion that all internet users and providers should be treated equitably. Broadband providers, which control access to the internet, cannot block or slow down anyone’s ability to use services or applications or view websites, under the 2015 FCC rules; stopped internet service providers — whether they are cable companies or telephone services — from creating so-called fast lanes that force content providers such as Netflix to pay an additional fee to deliver their content to customers faster.

Question 17

Online News Association’s code of ethics for newsgathering from social networks

Answer 17

-Endeavor to verify the authenticity of user-generated content (UGC) before publishing it, holding it to standards that are equal or equivalent to those maintained for content acquired through other means.
➢ Be transparent with the audience about the verification status of UGC.
➢ Consider the emotional state and safety of contributors
.➢ Consider the risk inherent in asking a contributor to produce and deliver UGC, including whether it incentivizes others to take unnecessary risks.
➢ Ensure anonymity of sources when required.
➢ Seek informed consent for the use of UGC through direct communication with the individual who created it.
➢ Be transparent about how content will be used and distributed to other platforms.
➢ Give due credit to the owner of the content providing that consideration has been given to potential consequences, including their physical, mental and reputational well-being.
➢ Inform journalists about the dangers of engaging with sources through social media networks and the digital footprint they leave.
➢ Support and assist journalists who are confronted with graphic or otherwise disturbing content.
➢ Maintain an organizational culture that enables journalists to seek help or speak out when they have a pressing need to protect their mental health and wellness.

Question 18

Associated Press Guidelines for journalists on social media

Answer 18

journalists should only use social media to:
➢ Track down sources
➢ Gather user-generated content, including photos and videos
➢ Look for news tips or discussion trends
➢ Produce blogs
➢ Find new sources and to keep up with existing ones
➢ Interact with news consumers
➢ Share links to existing news content

Question 19

section 2703(f) of the stored communications act

Answer 19

This statute, which was passed in 1986, allows police to force email providers to copy and keep a person’s emails for up to half a year without a warrant or reasonable suspicion.; all of the emails can be viewed if a warrant is obtained from a judge. This, in effect, permits six months of eavesdropping before a warrant is issued; includes texts that are stored on servers, such as iCloud, but does not include texts stored on individual phones.