The Red Flag Rule is a rule adopted under the Gramm-Leach-Bliley Act that requires
financial institutions and creditors to develop and put into operation written identity
theft prevention programs.
Answer:
One of the challenges for plaintiffs involving tort claims with the Internet is finding the
true identify of an anonymous Internet users.
a. True
b. False
Answer:
A software company that wants to protect a trade secret should considering using a
nondisclosure and confidentiality agreement with current and prospective clients.
a. True
b. False
Answer:
The Privacy Act of 1974 applies just to federal agencies and does not apply to
corporations or other entities.
a. True
b. False
Answer:
The Undertaking Spam, Spyware, and Fraud with Enforcers Beyond Borders Act of
2006 (SAFE WEB Act) strengthens the ability of which federal agency to enforce the
CAN-SPAM Act outside of U.S. borders?
a. U.S. Department of State
b. U.S. Department of Justice
c. Federal Trade Commission
d. U.S. Department of Homeland Security
Answer:
The lack of international cooperation and extradition treaties is one challenge with
computer crimes.
a. True
b. False
Answer:
Hypothetical: Cindy is at a park with her seven-year old daughter. John is also at the
park with his seven-year daughter and John takes a photo of his daughter and Cindy’s
daughter playing together at the park. John uploads the photo to his personal blog.
Cindy brings an action for intrusion upon seclusion against John and seeks money
damages for emotional distress damages. A court would likely dismiss Cindy’s tort
action for intrusion upon seclusion.
a. True
b. False
Answer:
The CAN-SPAM Act is the only federal or state law that governs online advertising.
a. True
b. False
Answer:
The U.S. Supreme Court decision in United States v. Miller, 425 U.S. 435 (1976) that
there is no reasonable expectation of privacy in information held by a third party under
the Fourth Amendment extends to social networking sites.
a. True
b. False
Answer:
Which of the following is NOT an element for the tort of intentional infliction of
emotional distress?
a. the defendant must have acted intentionally or with reckless disregard of the
consequences
b. the defendant’s conduct must have been extreme or outrageous
c. the defendant’s conduct must have been the cause of such emotional distress.
d. the plaintiff must have suffered property damage
Answer:
If more than 10 percent of a work protected by copyright is copied verbatim, then a
court will find that infringement of the copyright has taken place.
a. True
b. False
Answer:
All 50 states have recognized false light as a separate tort.
a. True
b. False
Answer:
Hypothetical: A website that sells golf equipment uses the name and photo of golfer
Tiger Woods without the permission of Tiger Woods. Which type of invasion of privacy
tort has the website committed?
a. unreasonable intrusion upon the seclusion of another
b. misappropriation of a person’s name or likeness
c. public disclosure of private facts
d. false light
Answer:
Which of the following is a challenge for non-public figure plaintiffs who sue for
defamation against an anonymous Internet user?
a. identifying the true identity of the anonymous Internet user
b. collecting on the judgment
c. proving actual malice
d. all of the above
Answer:
The Internal Revenue Service is a federal agency under which cabinet level
department?
a. Department of Commerce
b. Department of the Treasury
c. Department of Labor
d. Department of Justice
Answer:
The U.S. Court of Appeals for the Federal Circuit rejected the application to trademark
the name “Hotels.com” in the case In re Hotels.com, L.P., 573 F.3d 1300 (Fed. Cir.
2009) because the trade name was not used in commerce.
a. True
b. False
Answer:
The ____________ is a federal law that is a counterpart to the Uniform
Electronic Transactions Act (UETA), which makes electronic and paper-and-ink
transactions equally enforceable for interstate and foreign contracts.
Answer:
Trade secrets are exclusively governed by federal law and not state law.
a. True
b. False
Answer:
The purpose of injurious falsehood or business disparagement is to protect economic
interests of the injured party against pecuniary loss resulting from the publication.
a. True
b. False
Answer:
Which of the following persons would most likely not be considered a public figure in a
defamation case?
a. a professional football player
b. a high school math teacher
c. a United States Senator
d. the leader singer of a well-known rock band
Answer:
In order to convict a person of aggravated identity theft, the federal government must
prove that the defendant had actual knowledge that the identity in question belonged to
another person.
a. True
b. False
Answer:
Theft of a company’s mainframe computer falls under which general category of
computer-related crimes?
a. crimes in which a computer is the subject of a crime
b. crimes in which a computer is the object of a crime
c. crimes in which a computer is the instrument of a crime
d. all of the above
Answer:
Libel involves written defamation and slander involves oral defamation.
a. True
b. False
Answer:
What federal law legitimized the ability of parties to form contracts electronically both
at the federal and state levels?
a. Uniform Electronic Transactions Act (UETA)
b. E-SIGN Act
c. Principles of the Law of Software Contracts
d. Uniform Commercial Code
Answer:
Under the Trademark Dilution Revision Act of 2006, plaintiffs are required to establish
proof of actual dilution.
a. True
b. False
Answer:
As a general rule, at what age does a person reach the age to enter into a valid contract?
a. 16
b. 17
c. 18
d. 21
Answer:
What is the name of the federal court that has appellate jurisdiction over trademark
applications with the USPTO?
a. U.S. Court of Appeals for the D.C. Circuit
b. U.S. Court of Appeals for the 1st Circuit
c. U.S. Court of Appeals for the Federal Circuit
d. U.S. Court of Claims
Answer:
Cyberbullying with repeated threats of physical harm sent via email can support a claim
for intentional infliction of emotional distress.
a. True
b. False
Answer:
Which of the following is type of intellectual property?
a. copyright
b. trademark
c. patent
d. all of the above
Answer:
An online seller who sells products as an Amazon.com affiliate may face state income
tax liability but not federal income tax liability.
a. True
b. False
Answer:
Which is the main federal agency responsible for enforcing the Gramm-Leach-Bliley
Act?
a. Federal Trade Commission
b. U.S. Department of Justice
c. U.S. Department of Homeland Security
d. Federal Bureau of Investigation
Answer:
To receive copyright protection in the United State, a work must include the phrase “all
rights reserved” in the copyright notice.
a. True
b. False
Answer:
Which federal privacy law established national credit reporting standards in an effort to
ensure accuracy and confidentiality in connection with credit reports?
a. Gramm-Leach-Bliley Act
b. Fair Credit Reporting Act
c. Health Insurance Portability and Accountability Act
d. Video Privacy Protection Act
Answer:
A website owner who is the author of an alleged defamatory statement is entitled to
immunity under Section 230 of the Communications Decency Act.
a. True
b. False
Answer:
What is the name of the principal international treaty governing patents, trademarks and
unfair
competition?
a. Paris Convention
b. Madrid Protocol
c. Trademark Law Treaty
d. Uniform Domain Name Dispute Resolution Policy (UDRP)
Answer:
The Internet is an instrumentality of interstate commerce and the use of it in furtherance
of a crime creates a sufficient nexus for federal subject matter jurisdiction.
a. True
b. False
Answer:
Tortious interference with contractual relations is also called ______________.
Answer:
The name of the leading U.S. Supreme Court dealing with contributory trademark
infringement is __________.
Answer:
What are the advantages of trademark registration for a website owner or operator?
Answer:
An online seller with the username “pharmguy” places a listing for unused prescription
drugs on an online auction website. John puts in the only bid. The online auction
website removes the listing before the auction deadline ends because prescription drugs
are prohibited items under the online auction website’s terms and conditions. No
payment is transmitted by John. John brings an action against both the online auction
website and the seller “pharmguy” for breach of contract. How would a court rule in
this case?
Answer:
Hypothetical: Jill’s ex-husband, Mark, has sent Jill a number of threatening e-mail
messages. . Jill has found out that her ex-husband has also maliciously posted her
personal information, including her social security number, name, home address, email
address, cell phone number, and bra size on sadomasochistic websites. Mark has also
used morphing technology to superimpose Jill’s face on pornographic images and
videos on websites maintained by a third party website operator. Mark is upset because
Jill committed adultery during their marriage. What are the strongest potential torts for
Jill in a suit against Mark and a third party website operator? What defenses could Mark
and the third party website operator assert?
Answer:
A clipwrap agreement or a browsewrap agreement may be also called a terms of
______ agreement.
Answer:
A _______ is a governmental restriction on speech or publication before its actual
expression.
Answer:
The owner of a trademark may register the trademark in the __________ which
contains a list of distinctive marks approved for federal trademark registration.
Answer:
The tax ___ measures the extent to which taxpayers fail to file their federal tax returns
and to pay the correct tax on time.
Answer:
The _____________ is the main federal statute aimed at combating unsolicited e-mail.
Answer:
In __________, the U.S. Supreme Court addressed held that retailers are exempt from
collecting sales taxes in states where they have no “nexus” or physical presence, such as
a store, office, or warehouse.
Answer:
In __________________, the U.S. Supreme Court held that a peer-to-peer file sharing
service for motion pictures violated copyright.
Answer:
A satellite company that transmits cable and over-the-air television programs conducts
an internal investigation and find that one of its employees has been selling pirate
access devices over the Internet that allow users of the devices to intercept the satellite
company’s transmissions. Discuss which federal statute the employee has violated and
the remedies available for the satellite company.
Answer:
What are the tests used to determine whether the exercise of specific jurisdiction over
a nonresident defendant is appropriate?
Answer:
Hypothetical: A defendant is arrested for possessing and distributing child pornography.
The defendant files a motion to suppress the pornographic images that were
downloaded from his computer through LimeWire, a peer-to-peer file-sharing program
arguing that the pornographic images downloaded by the undercover FBI agentwhich
enabled the FBI to obtain a warrant to search his home and computer and subsequently
arrest himwere unlawfully obtained in violation of his Fourth Amendment rights. How
would a court rule on the motion to suppress the evidence?
Answer:
Hypothetical: A professional baseball player brings a defamation action against his
former personal trainer and an online sports-news website based on a news article on
the website that the baseball player used performance enhancing drugs. The baseball
player is also suing the website based on alleged defamatory statements posted by
anonymous Internet users in the comments section attached with the article. The
personal trainer also made statements to the FBI as part of a federal grand jury
investigation involving the use of performance enhancing drugs. The former training
has used syringes and videotape evidence that he turned over the FBI. What defenses
will the personal trainer and online sports-news website likely assert in the defamation
action?
Answer:
The U.S. Supreme Court held in City of Ontario v. Quon, 130 S. Ct. 2619 (2010), that a
city’s review of a police officer’s text messages from the police officer’s
employer-issued pager was reasonable and thus did not violate the __________
Amendment prohibition against unreasonable searches.
Answer: