37. Employees are not required to give consent to employer access to their e-mails under the Stored Communications
Act.
a. True
b. False
38. An employee who uses his or her company e-mail system to communicate privately with his or her lawyer has
waived the privilege and the content can be used in court.
a. True
b. False
39. The employer practice of “Googling” job applicants is not prohibited by federal law.
a. True
b. False
40. Employers are permitted to monitor employee Tweets about company issues.
a. True
b. False
41. An employee can be prosecuted for giving his or her company user name and password to hackers.
a. True
b. False
42. Employee e-mails can be used to establish criminal intent in prosecution of companies.
a. True
b. False
43. Internet companies are permitted to collect information about users’ purchasing habits without advance disclosure.
a. True
b. False
44. Under federal law, ISPs are not permitted to disclose your identity when someone asks for the actual name behind a
user name.
a. True
b. False
45. Users do have some First Amendment protections from identity disclosure.
a. True
b. False
46. The privacy rights of cloud customers are clearly established.
a. True
b. False
47. At least one court has held that the placement of cookies on an individual’s computer without consent is a form of
unauthorized access.
a. True
b. False
48. There are both federal and state anticyberstalking laws.
a. True
b. False
49. COPPA is a federal law that controls the posting of pornographic images online.
a. True
b. False
50. Craigslist is liable for criminal acts that occur because of connections made between buyers and sellers using its
service.
a. True
b. False
51. Jane Erroll has applied for a position with Lakes Distribution Company. When Jane arrives for her interview she is
asked several questions about events and photos that were posted on her Facebook page. Jane has an open setting
on her Facebook page so that it is publicly available. Jane apparently did not provide sufficient explanations for what
was posted on her Facebook page and does not get the job despite being qualified for the position. Which of the
following statements is correct about Jane’s experience?
a. The employer’s conduct violated federal law.
b. As long as the employer looked at all the job candidates’ Facebook pages, the employer has not violated any
federal laws.
c. Jane must give her consent before the employer can look at her Facebook page.
d. The employer has violated the Stored Communications Act.
Lakes Distribution Company has its employees sign a policy that discloses the following:
Lakes can monitor text messages sent using company cell phones.
Lakes can monitor all e-mails sent by employees, regardless of which e-mail account used (company e-mail
system or private, such as gmail or aol.com).
Lakes requires that employees furnish access to their Facebook pages as a precondition of employment.
Lakes monitors all Tweets and blog posts by employees.
The next four questions are based on these facts.
52. Which of the following is correct about Lakes’ policy on text messages?
a. The monitoring is overly broad and will not be permitted under federal law.
b. The monitoring must be restricted to business messages and not personal messages.
c. The monitoring policy fits within current legal standards.
d. The monitoring is not permitted.
53. Which of the following is correct about Lakes’ policy on e-mails?
a. The monitoring is overly broad and will not be permitted under federal law.
b. The monitoring is limited to company e-mail messages, but personal email messages are discoverable.
c. The monitoring policy fits within current legal standards.
d. The monitoring is not permitted.
54. Which of the following is correct about Lakes’ policy on Facebook access?
a. The monitoring may be overly broad.
b. The monitoring may be prohibited in certain states.
c. The monitoring policy may not fit within current legal standards.
d. The monitoring is not permitted.
e. a, b, and c
55. Which of the following is correct about Lakes’ policy on Tweets?
a. The monitoring is overly broad and will not be permitted under federal law.
b. The monitoring is limited to company e-mail messages, but personal email messages are discoverable.
c. The monitoring policy fits within current legal standards.
d. The monitoring is not permitted.
e. a, b, and c
56. IFRACK is the user name of an individual who has been posting information about fracking on blogs, in chat rooms,
and in cyber letters to newspapers. Several environmental groups wish to stop the comments IFRACK makes,
believe that IFRACK may be affiliated with the oil industry, and believe that information should be disclosed. Which
of the following is correct in analyzing this situation?
a. The environmental groups will be able to obtain IFRACK’s identity from the ISP because they have a good
reason.
b. The environmental groups are not entitled to know IFRACK’s identity because of First Amendment
protections.
c. Until IFRACK violates the law, his or her identity cannot be disclosed by the ISP.
d. There is never identity disclosure allowed in civil matters.
57. With what area of the law is there tension as the courts deal with cyberbullying issues?
a. Privacy
b. First Amendment rights
c. Interstate commerce
d. all of the above
58. Which federal law controls websites that collect information from children?
a. The CFAA
b. The ECPA
c. The NSA
d. none of the above
59. The COPPA act:
a. Applies to only retailers selling online.
b. Applies only to interstate businesses.
c. Applies to websites that collect information from children.
d. Applies to websites that have pornography posted.
60. Rune Rutledge was looking for a mercenary to kill his business partner. He found a listing on Craigslist that
indicated the following: “Former IRAQ War solider. Protection services and other types of services available for
those who need to send a message to others.” Rune made contact with the soldier and the two entered into a
contract for the solider to kill Rune’s partner. Rune’s partner was killed and his partner’s family has sued
Craigslist. Which of the following is an accurate summary of the legal issues in this situation?
a. Craigslist is liable for not properly screening the ads.
b. Craigslist is not liable because of First Amendment protections.
c. Craigslist is not liable unless it was aware of the ad and the soldier’s intentions.
d. none of the above
61. Explain what customers of cloud services should understand prior to entering into a cloud agreement.
62. Consumer information obtained over the Internet cannot be used without their permission.
a. True
b. False
63. Employers have no right of access to employees’ e-mails if they promised the employees privacy.
a. True
b. False
64. Employer monitoring of employee e-mail is illegal.
a. True
b. False
65. Sheila Rumsford sent an e-mail to her co-workers. The e-mail was entitled, “Ten Reasons Cookie Dough is Better
Than Men.” Her supervisor, in a routine review of employee e-mails, found the e-mail and fired Sheila. The
supervisor pointed to a provision in the employee handbook that prohibits the use of company e-mail for jokes and
personal correspondence.
a. Sheila‘s right to privacy has been violated and she cannot be terminated.
b. Sheila could be fired only if one of the recipients of the e-mail sent it to the supervisor.
c. Sheila‘s e-mail was properly monitored and she can be fired.
d. Sheila has a right of recovery for defamation.
e. none of the above