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Chapter 5:
Ethical and Legal Issues
Review Questions
1. Define ethics and law and show how they are different and similar.
Ethics frequently concerns itself with the values and practices of professionals, and
others who have an expert knowledge of a specific field. Ethics is also a general
endeavor which takes into account the concerns and values of society as a whole.
2. What are some of the threats to Internet user privacy?
3. According to the FTC, what are the minimum requirements for ethical use of
consumer information?
4. Evaluate the current trend and direction in copyright law.
At this comparatively early stage of online legal development, copyright appears to
be established as the primary means of protecting most expression on the internet,
5. How does copyright differ from patent and trademark law?
6. Which types of trademark dilution exist and how do they differ from each
other?
7. What does it mean to clickwrap a license?
8. What are the NET Act and the DMCA?
The NET Act confers copyright protection for computer content and imposes
sanctions when infringement is committed for commercial or private financial gain or
9. What is the doctrine of first sale? How should it be applied online?
10. What is the doctrine of fair use and how should it be applied online?
11. What are EU safe harbor provisions and why is it important for U.S. companies
doing business in Europe?
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Discussion Questions
12. Copyright Infringement. Do you think education is the answer for stopping
copyright infringements in other countries? Why or why not? If yes, what type
of education might work?
13. Copyright Infringement. If you were a famous recording artist what would you
do to protect your income from piracy in the United States (illegal sharing and
downloading of your music)?
14. Is it better to regulate industry via laws or let industry self-regulate? Support
your claim.
The answer to this question may vary by country. In the U.S. there is a strong
tradition of industry self-regulation and a belief that government regulation is largely
15. Which is more ethically problematic: Attacking a former employer via online
discussion or making the same attack by e-mailing current employees?
The answer to this question may vary by country. In the U.S. corporate e-mail is
considered to be the property of the corporation and not a public forum. Therefore e-
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16. Deep linking takes place regularly over the Internet. Anytime you make a Web
page that links to another site and bypasses the home page of that site you are
deep linking. Should this practice be allowed? Explain your position.
Note: Answers to this question should NOT rest on the argument that because it
happens regularly it should be allowed.
17. Framing takes place regularly over the Internet. To see an example of framing,
look up information at AskJeeves (www.ask.com). Should framing be allowed?
18. The CEO of Amazon, has publicly questioned the advisability of granting
patents for business processes such as his company’s 1-Click ordering process.
Do such patents put a chilling effect on the expansion of e-commerce? Justify
your position.
Given that the Internet is based largely upon the free use and exchange of
information, any legislation that inhibits this process stands to have a chilling effect
on adoption. Or in the case of already adopted technologies, may result in a mass
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19. Which court should have jurisdiction over the Internet? Why?
The establishment of ICANN reflects the growing awareness that online
controversies transcend physical boundaries. Jurisdiction is the legal term which