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Exam 9: Internet Law, Social Media, and Privacy

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Question 31

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Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

A) ​a violation of Keisha's rights as an employee.
B) ​within Leeway's rights as an employer.
C) ​a subject for dispute resolution by the social media that Keisha used.
D) ​a "business-extension exception" under the Electronic Communications Privacy Act.

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Question 32

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Employees of Bodegas & Bistros Inc. (B&B) maintain a password-protected social media page to "vent about work." When B&B learns of the page, the company intimidates the network that operates it into revealing the password. After reviewing the posts, B&B fires the participants. Most likely, this is

A) ​a violation of the Stored Communications Act.
B) ​within B&B's rights as an employer.
C) ​a subject for dispute resolution by B&B's Internet service.
D) ​a "business-extension exception" under the Electronic Communications Privacy Act.​

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Question 33

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Fact Pattern 9-1​ Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. -Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization.

Employees' posts on social media may be protected under labor law.

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

Fact Pattern 9-1​ Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. -Refer to Fact Pattern 9-1. In those states with antispam laws, federal law

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

The law restricts the "fair use" of methods for bypassing encryption software for noncommercial purposes.

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is

Cyber torts are torts that arise from online conduct.

Fact Pattern 9-2​ CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. -Refer to Fact Pattern 9-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Federal wiretapping law covers electronic forms of communication.

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.