Which defense would a private employer likely assert if an employee files a tort claim
for invasion of privacy and the employer has adopted an Internet and computer use
policy that states that the employer can monitor an employee’s work e-mail?
a. consent
b. section 230 of the Communications Decency Act
c. sovereign immunity
d. all of the above
Answer:
Clicking “I Accept” when downloading software online satisfies the signature
requirement under the E-SIGN Act.
a. True
b. False
Answer:
Advertising alone does not trigger the sufficient nexus for the imposition of state sales
tax under the substantial nexus test.
a. True
b. False
Answer:
Truth is an absolute defense in defamation cases involving online speech.
a. True
b. False
Answer:
How many states have expressly adopted a right to privacy in their state constitutions?
a. 5
b. 10
c. 15
d. 20
Answer:
As a general rule, the duration of patent protection is ___ years from the date on which
the application for the patent was filed in the United States.
a. 15 years
b. 17 years
c. 20
d. all of the above
Answer:
The Gramm-Leach-Bliley Act provides for a private right of action where individuals
can bring an action for violations.
a. True
b. False
Answer:
What was the main purpose of the Anticybersquatting Consumer Protection Act of
1999?
a. prevent trademark dilution
b. prevent fraud in obtaining trademark registration
c. prohibit cybersquatting
d. remove the marking requirements for trademarks
Answer:
Congress has authority to enact criminal statutes aimed at cybercrimes involving the
Internet. under which provision under the United States Constitution?
a. Commerce Clause
b. Necessary and Proper Clause
c. Supremacy Clause
d. Fourth Amendment
Answer:
What is the name for the practice of sending a fraudulent electronic communication that
appears to be a genuine message from a legitimate entity or business for the purpose of
inducing the recipient to disclose sensitive personal information?
a. click fraud
b. spam
c. phishing
d. adware
Answer:
In a phishing case, the Federal Trade Commission prosecutes the criminal case and the
U.S. Department of Justice has authority to bring a civil action.
a. True
b. False
Answer:
Patent prosecution refers to a criminal action brought by a federal prosecutor for
criminal patent infringement.
a. True
b. False
Answer:
What is the name of the affirmative defense in a trademark infringement suit used when
a trademark owner has acted with bad intent?
a. Laches
b. Fraud in obtaining trademark registration
c. Unclean hands
d. Parody
Answer:
For a browsewrap agreement to be enforceable, the agreement must be prominently
displayed so that users have actual notice.
a. True
b. False
Answer:
Which of the following is NOT an element in a business disparagement action?
a. the defendant made a disparaging remark
b. the plaintiff’s personal reputation has been injured
c. the statement resulted in special damages to the plaintiff
d. the defendant either intended to injure the business, knew the statement was false, or
recklessly disregarded whether it was true
Answer:
Which group or body approved the Principles of the Law of Software Contracts in
2009?
a. United Nations
b. American Law Institute
c. Congress
d. National Conference of Commissioners on Uniform State Laws
Answer:
In a trademark infringement action, the plaintiff bears the burden of proving that a
likelihood of confusion exists.
a. True
b. False
Answer:
What type of regulatory framework is the predominant approach today when it comes
to online privacy?
a. self-regulation
b. co-regulation
c. negotiated rulemaking
d. government regulation
Answer:
Cyberlaw encompasses which of the following sources of law?
a. cases
b. statutes
c. regulations
d. all of the above
Answer:
Which of the following is NOT a type of patent infringement?
a. direct infringement
b. express infringement
c. literal infringement
d. all of the above
Answer:
In IMS Health, Inc. v. Sorrell, 131 S. Ct. 2653 (2011), the U.S. Supreme Court held that
Vermont’s Prescription Confidentiality Law which prohibited certain data mining of
health information was unconstitutional based on which constitutional provision or
amendment?
a. First Amendment
b. Commerce Clause
c. Fourth Amendment
d. Fifth Amendment
Answer:
Which federal privacy law protects the confidentiality of health information as it is
transmitted through and collected by electronic portals?
a. Gramm-Leach-Bliley Act
b. Fair Credit Reporting Act
c. Health Insurance Portability and Accountability Act
d. Video Privacy Protection Act
Answer:
A person found guilty for violations of the CAN-SPAM Act can receive a maximum
sentence of up to five years in prison, a fine, or both imprisonment and a fine.
a. True
b. False
Answer: