Cybersquatting is the act of reserving a domain name on the Internet with intent to
profit by selling or licensing the name to the company that has an interest in being
identified with it.
a. True
b. False
Answer:
Improperly accessing medical records in an electronic database of celebrities is a
violation of which federal privacy law?
a. Privacy Act
b. Fair Credit Reporting Act
c. Health Insurance Portability and Accountability Act
d. Video Privacy Protection Act
Answer:
As a general rule, what is the duration of protection for trade secrets if the information
remains valuable and secret?
a. 20 years
b. 30 years
c. 40 years
d. indefinitely
Answer:
Hypothetical: A tabloid website posts the name, photo, and home address of an alleged
rape victim involving an alleged sexual assault involving a famous professional football
player. Which invasion of privacy tort is the best possible action for the alleged rape
victim?
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:
Under the powers of the interstate Commerce Clause, the federal government has
complete control and authority over the Internet.
a. True
b. False
Answer:
Tort law is exclusively governed by federal tort law statutes rather than state law.
a. True
b. False
Answer:
If the patent examiner and the administrative patent judge reject the application for a
patent, an applicant can then appeal the decision of the patent examiner immediately to
the U.S. Court of Appeals for the Federal Circuit.
a. True
b. False
Answer:
Facebook’s approach of sharing user information with third parties has become an area
of concern among legislators and regulators.
a. True
b. False
Answer:
Which of the following is a requirement for patentability?
a. utility
b. nonobviousness
c. novelty
d. all of the above
Answer:
In __________, the U.S. Supreme Court addressed whether the Federal Arbitration Act
(FAA) precludes states from forbidding class-arbitration waivers as unconscionable
components of arbitration agreements.
Answer:
Which provision under the U.S. Constitution grants powers to Congress to pass laws
dealing with intellectual property?
a. Article I, Section 8
b. Article I, Section 10
c. Article, II, Section 8
d. Article II, Section 10
Answer:
Data mining involves extracting intelligence from vast stores of digital information.
a. True
b. False
Answer:
The Sonny Bono Copyright Term Extension Act (CTEA) extended the duration of
copyright protection by 20 years for all works copyrighted after January 1, 1923.
a. True
b. False
Answer:
A computer virus 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:
State constitutional law has become an important source of protection for privacy
rights.
a. True
b. False
Answer:
Match the name of the federal privacy statute listed in Column 1 to its description in
Column 2.
Answer:
Based on the case Orellana v. Commissioner, which of the following is a possible
method used by the Internal Revenue Service to reconstruct a taxpayer’s income?
a. subpoena of bank deposits
b. subpoena of PayPal records
c. taxpayer records
d. all of the above
Answer:
Companies often unilaterally modify their online privacy policies or terms of use
agreements which has led to scrutiny by some members of Congress.
a. True
b. False
Answer:
Which of the following is a possible deduction for an online seller that engages in a
business for profit under the Internal Revenue Code?
a. home office deduction
b. ordinary and necessary expenses incurred in carrying on their trade or business
c. business expenses under section 162 of the Internal Revenue Code
d. all of the above
Answer:
Which of the following is not generally a defense in an online defamation action but
may be may be relevant to the amount of damages awarded by a jury?
a. privilege
b. consent
c. mistake
d. opinion
Answer:
There is no reasonable expectation of privacy in the content of private e-mail messages.
a. True
b. False
Answer:
An author is entitled to royalties for sales of used copies of a book sold on a website.
a. True
b. False
Answer:
What is the name of the federal law directed at unsolicited bulk commercial e-mail?
a. Computer Fraud and Abuse Act
b. Communications Decency Act
c. CAN-SPAM Act
d. Digital Millennium Copyright Act
Answer:
When there are two pending patent applications for the same patent for a new
technology, priority will be given to the company that is the “first to invent” rather than
the company that is the “first to file” a patent application.
a. True
b. False
Answer:
The U.S. Supreme Court unanimously held in FCC v. AT&T Inc., 131 S. Ct. 1177
(2011) that a corporation does not have a right of ________ under the Freedom of
Information Act (FOIA) disclosure exemption for law enforcement records.
Answer:
California’s reporter shield law protecting confidential sources applies not just to
journalists for print publications but also online journalists for news-oriented websites
that cover events of interest and concern to the public.
a. True
b. False
Answer:
The Internal Revenue Code is codified in which title of the United States Code?
a. Title 1
b. Title 11
c. Title 24
d. Total 26
Answer:
The Internet can be traced back to a project sponsored by which federal government?
a. U.S. Department of Commerce
b. Federal Communications Commission
c. U.S. Department of Defense
d. Central Intelligence Agency
Answer:
Which of the following is NOT one of the exemptions under the federal Freedom of
Information Act?
a. trade secrets
b. medical files where the disclosure would constitute a clearly unwarranted invasion of
personal privacy
c. records compiled for law enforcement purposes where disclosure could reasonably be
expected to endanger the life or physical safety of any individual
d. agency budget records
Answer:
Which of the following is another name for personal jurisdiction?
a. subject matter jurisdiction
b. in personam jurisdiction
c. in rem jurisdiction
d. all of the above
Answer:
Any person can bring an action as a plaintiff for violations of the CAN-SPAM Act.
a. True
b. False
Answer:
The Internet can be traced back to a project sponsored b y which federal government?
a. U.S. Department of Commerce
b. Federal Communications Commission
c. U.S. Department of Defense
d. Central Intelligence Agency
Answer:
Courts have held that a passive or informational website used only for advertising is not
sufficient to establish minimum contacts to support exercise of personal jurisdiction
over a non-resident defendant.
a. True
b. False
Answer:
John, age 16, signs up for a new account on a social networking site and clicks “I agree”
to the terms of use agreement. The online contract entered into by John is void.
a. True
b. False
Answer:
Parties in a patent infringement action may utilize _____________ to save time and
money associated with patent litigation.
Answer:
In the 2001 case involving Napster, the U.S. Court of Appeals for the Ninth Circuit
rejected Napster’s claim of fair use because Napster had a significant impact on the
_________ of CD sales.
Answer:
For public employees, courts apply the ___________ test to determine whether a
government search of a private workplace violates an employee’s Fourth Amendment
rights.
Answer:
XYZ Corp. is a social networking website. XYZ Corp.’s charges its users a monthly fee
of $5 for its service. In its privacy policy, XYZ Corp. indicates that is does not share or
sell user information with third parties. A prominent U.S. Senator is a user of the social
networking site. The U.S. Senators finds out that the information her personal
information that she posted on the social networking website has been shared with third
parties for data mining, online advertising, and for political rivals. What are the possible
actions that the U.S. Senator can take?
Answer:
Hypothetical: ABC Corp. has developed a business method and software program for
an Internet application. ABC Corp. has filed a patent application but the patent
examiner has denied the application based on obviousness. Discuss the appeals process
for ABC Corp.
Answer:
An Internet company develops a new search method and uses the unregistered mark
“SM” which denotes __________________.
Answer:
A website owner or operator can be found liable for the invasion of privacy tort of
public disclosure of _________ for posting information on the Internet concerning the
private life of another person where the publication is highly offensive to a reasonable
person and the matter is not one of a legitimate concern to the public.
Answer:
In patent cases, during a _________ hearing, the court receives evidence and arguments
concerning the construction to be given to terms in a patent claim at issue.
Answer:
Martha is a website owner and operator of techtalk.org (a fictitious website) owned by
TechTalk LLC. Martha writes reviews of new technology products and makes money
from online advertising on the website. For each article, Martha includes a copyright
notice of ” 2012 TechTalk” at the bottom of each article but has not registered the
articles with the U.S. Copyright Office. Martha runs a search on the Internet and finds
that a competing website has three articles that are strikingly similar to articles
appearing on techtalk.org with more than 80 percent similarity in the text. Describe the
requirements for TechTalk LLC in bringing a copyright infringement action. What
remedies could TechTalk LLC seek? What defenses could apply?
Answer:
In __________________, the U.S. Supreme Court established “minimum contacts” as
the basic jurisdictional test in the United States for establishing personal jurisdiction
Answer:
Hypothetical: ABC, Inc. has found out that XYZ, Inc. has registered a domain name
with a misspelled word of one of ABC, Inc.’s brands. ABC, Inc. now wants to bring a
trademark infringement action against XYZ, Inc. Discuss what ABC, Inc. will need to
do to prevail in a trademark infringement action against XYZ, Inc. What remedies
could ABC, Inc. seek?
Answer:
A court is more likely recognize personal jurisdiction over a defendant for a website
when the defendant maintains a(n) ___________ website.
Answer:
To discover the true identity of anonymous Internet users who posts an alleged
defamation statement in a comment in an online discussion board, the plaintiff will ask
the court to issue a _______ against the Internet Service Provider (ISP) for the
disclosure of the identity of the persons have allegedly caused harm.
Answer:
The test of whether the courts will enforce a forum selection provision is
____________ under all the circumstances.
Answer: