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Exam 9: Internet Law, social Media, and Privacy

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Question 1

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An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

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Question 2

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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.One of the advertisers-either Sound Financials or Instable Investments-is acting within the bounds of federal law.Federal law permits the sending of​

A) unsolicited commercial e-mail.
B) solicited commercial e-mail only.
C) commercial e-mail to randomly generated addresses.
D) commercial e-mail to addresses "harvested" from Web sites through the use of specialized software.

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Question 3

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To protect domain name rights from would-be cybersquatters and typosquatters,AgriBusiness Inc.and other large corporations may have to​

Federal wiretapping law covers electronic forms of communication.

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

Fact Pattern 9-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.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.By using a similar domain name to CallTalk's,CellTalk is most likely attempting to profit from its competitor's​

Law enforcement uses social media to detect and prosecute criminals.

InfoFree Inc.,makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection.Under the Digital Millennium Copyright Act,this is​

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

The manufacture,import,sale,and distribution of devices or services for the circumvention of encryption software is prohibited.

Stefano transfers copyrighted music recordings,without the copyright owners' authorization,to his friends.This is​

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

It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.

Fact Pattern 9-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.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." Before bringing the suit,CallTalk has to ask the court for a subpoena to discover​

No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.

Fact Pattern 9-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.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.Call&Talk's use of the domain name "callltalk," without CallTalk's authorization,to sell pornographic phone conversations,is​

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

Federal law prohibits the Federal Trade Commission from cooperating and sharing information with foreign agencies in investigating and prosecuting those involved in spamming.

The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.