What do we call the principle that all movement and content on the Internet should receive equal treatment
Net neutrality
An interlocking directorate exists where an individual serves as a director or corporate officer of competing corporations
true
Which of the following are true with respect to public goods
They are non-rival and they are nonexcludable
the two main U.S. antitrust laws are the Sherman Act and the Clayton Act
true
Section 230 of the Communications Decency Act cannot be used as a defense to a negligence claim
False
Which agency oversees regulation of net neutrality?
FCC
Which of he following is not one of the ways of regulating behavior discussed in the text?
Tying
Federal regulations are typically shorter an less detailed than federal laws.
False
An example of ______ is when a seller requires the buyer to purchase a second product or service in conjunction with the purchase of the buyers choice.
Tying
Which of the following is not a primary concern of operators of Web Sites which host user-generated content?
Due process violations
Under common law defamation, the liability of distributors of defamatory material is more limited than the liability of publishers of defamatory material.
True
_________ laws regulate and encourage competition.
Anti trust
In tax cases like those described in this lesson, the plaintiff is always a state.
true
To the dismay of California officials, Speaker City online has not collected taxes for online purchases. Based on these facts, Speaker City Online may be compelled to collect taxes, should California seek relief in courts.
True
In Doe v. Myspace, the court used which of the following laws to aid in their decision:
Communications Decency Act
The Due process clause and the equal protection clause regulate the extent to which states may impose sale tax.
False
In Verizon v. FCC, the court upheld the FCC's ability to impose Open internet rules under the FCC's Title I powers.
False
Facts of Quill Corp v. North Dakota show that Quill, an out of state seller, maintained substantial contacts in North Dakota and collected substantial revenue there. Reviewing these facts, the U.S. Supreme court ruled that North Dakota's requirements that
minimum contacts test of the due process clause
A use tax is imposed on the consumer for tangible goods purchased out of state within the taxing state.
True
The First Amendment makes it impossible to pass a law that criminalizes threatening speech
False
Assume that an individual engages in an electronic billing scam. Under such circumstances, which of the following statements is correct?
The computer was a tool in the commission of the crime
An as-applied challenge to the constitutionality of a law seeks to show that the law has no constitutional applications whatsoever.
False
The two basic elements of most criminal statutes are actus reus and mens rea
True
The European Union Intellectual Property Enforcement Directive has standardized intellectual property laws throughout the continent.
False
According to the FTC, what is the first step a business should take if its information has been compromised?
Contact local law enforcement if there is any risk that the information compromise could result in harm to an individual or another business
If an online auctioneer perpetrates a scam whereby shes takes money from customers for items that she does not deliver, she is engaging in:
Fraud
Cyber fraud is the use of the Internet a computer or a computer device or network to convey false or fraudulent information, to offer for sale to consumers goods or services that do not exist or are different than what is advertised, or to unlawfully tran
True
Of federal computer crime laws passed by Congress, most have been passed pursuant to Congress's powers under the Commerce Clause.
True
Which of the following is a form of spoofing?
Phishing
Which of the following is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore would?
Facial challenge
In addition to being the victims of internet crimes or the perpetrator of such crimes, online businesses can also be the means by which such crimes are committed.
True
Cybercrime" can generally be divided into two categories: Crimes that are facilitated by computers or the internet, and crimes against computers or computer systems
True
When using the strict scrutiny standard of judicial review, the court will look, in part to show that the ends of the law have a:
compelling actual purpose
eBay Inc v. Digital Point Solutions Inc. discussed civil liability under the Computer Fraud and Abuse Act (CFAA)
True
Which of the following is not a federal cybercrime law?
Computer Crimes Act
A person who advertises on the Internet that he has a Rolex watch for sale when in fact the watch is fake and he knows it can be found guilty of mail fraud.
true
Which of the following violates a federal criminal statute?
Unauthorized sharing of trade secrets
Assume that an individual maliciously damages the operating system of a computer. Under such circumstances, which of the following statements would be correct?
The computer was the target of the crime
Networked computers create opportunities for anonymous perpetration of crimes. The most difficult problems law enforcement officials encounter include:
Establishing jurisdiction over alleged perpetrators, and establishing identities of the perpetrators.
Ronnie Reporter publishes a blockbuster newspaper article claiming, truthfully and beyond all reasonable doubts, that Governor Blod Ragojevich engage in corruption, including the soliciting of bribes for political appointment. Now ex-Governor Ragojevich i
False
Other countries, including member states of the European Union, have adopted a piecemeal approach to data privacy, while the United States has adopted a single comprehensive data privacy law.
False
The United States Constitution explicitly recognizes a right to privacy.
False
A hypothetical law creating a "right to be forgotten" would not withstand judicial scrutiny in the United States because the law would be in conflict with the Fourth Amendment.
False
The law would be in conflict with the First Amendment, not the Fourth.
As compared with Title III of the Omnibus Crime Control and Safe Streets Act of 1968, the Electronic Communications Privacy Act has lower standards that must be met before the government is allowed to conduct electronic surveillance.
False
Like criminal law, tort law emerges from common law precedent.
False
Criminal law is established by statutes.
Under the Supreme Court's current interpretation of the Fourth Amendment to the U.S. Constitution, states are barred from passing privacy laws that go further than privacy laws passed by the federal government.
False
ECPA places restrictions on the interception of electronic communications and creates privacy protections for stored electronic communications.
True
HIPAA mandates the creation and distribution of privacy policies that explain how all individually identifiable healthy information is collected, used, and shared, and establishes strict controls on how that information is used and disclosed.
True
The Gramm-Leach-Bliley Act is primarily concerned with protecting patients' health data.
False
Which of the following is not one of the common law torts for the invasion of privacy discussed in the text?
Unreasonable search of houses, papers, and effects
Which of the following is not generally viewed as an amendment to the U.S. Constitution that enshrines important privacy protections?
Second Amendment
Which of the following is the primary US privacy law related to the financial sector?
Gramm-Leach-Bliley Act
Assume that an Internet service provider (ISP) intentionally disclosed the contents of a lawful private e-mail message without consent to someone other than the intended recipient. What statute would the ISP have violated?
Electronic Communications Privacy Act of 1986
Which of the following was not identified as a source of the right to privacy?
Seventh Amendment
One well-regarded definition of privacy (by Warren and Brandeis) classifies it as the right to:
be let alone
Of the grounds for proving invasion of privacy, the one that would most likely provide the best remedy against an employer who gains unjustified access to an employee's e-mail is:
intrusion upon seclusion
As a source of the right to privacy, the Ninth Amendment:
suggests a penumbra right to privacy.
The Ninth Amendment states that there are other rights that may exist aside from the ones explicitly mentioned in the Bill of Rights, and even though they are not listed, it does not mean they can be violated. This am
Courts have held that in order to establish a legally enforceable right to privacy, one must:
demonstrate a reasonable expectation of privacy.
Which of the following is not one of the reasons that the court in Boring v. Google dismissed the Borings' claim for intrusion upon seclusion?
Google Street view has qualified immunity to publish all pictures from places that are otherwise secluded
Sources to the Right of Privacy
U.S. Constitution
Fourth Amendment
Fifth Amendment
Nineth Amendment
Griswold v. Connecticut
State Constitution
What is a tort
Not like criminal law, emerges from common law precedent
Sherman Act
outlaws every contract combination, or conspiracy in unreasonable restraint of trade or monopolization
Clayton Act
addresses acts that Sherman doesn't, Section 7 prevents mergers and acquisitions where it will lessen competition.
Due Process Clause & Commerce Clause
regulate extent of State sales tax
Communications Decency Act
Common law, publishing defamatory statement same liability as original creators.
Federal Cyber crime Laws
copyright act
Electronic communications privacy act
Communications Decency Act
Intermediate scrutiny
must be genuine (not post-hoc) and important
Rational Basis Review
needs to be legitimate or merely conceivable.
Actus Rea (guilty Act)
physical aspect of criminal activity; any volitional movement that causes social harm
Mens Rea (Guilty minded)
Mental state, expresses the intent necessary for a particular act to constitute a crime