National American University

BUSINESS L 3100

Chapter 11-CYBERLAW

TRUE/FALSE

1)The term “cyberlaw” refers to laws and precedent applicable to Internet transactions and communications.

 

                                           

 

2. Cyberlaw is a completely new area of law, unrelated to any established field of law.

 

                                           

 

3. The term “cyberspace” describes the World Wide Web and Internet communication.

 

                                           

 

4. Legal issues in cyberspace include appropriation and competition issues.

 

                                           

 

5. The law of real property is included in those categories of legal issues covered by cyberlaw.

 

                                           

 

6. Employers have access and control rights to their employees' e-mail.

 

                                           

 

7. Employers are required to give notice to employees that they will monitor their employees' e-mail.

 

                                           

 

8. Employers are accountable when employee use e-mails to defame competitors.

 

                                           

 

9. The Electronic Communications Privacy Act of 1986 (ECPA) is useful in resolving privacy issue questions.

 

                                           

 

10. Potential employers are free to do pre-hiring monitoring of applicants without their knowledge.

 

                                           

 

11. Cleaning up your name on Google using one of several services is a good way to eliminate any suspicions perspective or current employers may have about you.

 

                                           

12. The tort of invasion of privacy has some application to cyberspace communication.

 

                                           

 

13. Employees may waive their attorney-client privileges when using their work computers for communication.

 

                                           

 

14. The key to being able to have Internet Service Providers (ISPs) release identities of those who post statements on the Internet is whether the posters were engaged in illegal or harmful activities.

 

                                           

 

15. It is a crime to post nasty opinions about someone in an Internet chat room.

 

                                           

 

16. Web site operators are free to plant “cookies” on computers with no fear of action for breach of unauthorized access or privacy.

 

                                           

 

17. Appropriation involves taking an image, likeness, or name for purposes of commercial advantage.

 

                                           

 

18. Sock-puppeting is anonymous blogging that flatters the blogger’s company and bashes one or more competitors.

 

                                           

 

19. Contract formation in cyberspace is the result of a desire for businesses to use a common language to form contracts.

 

                                           

 

20. The formation of contracts in cyberspace is always governed by the law of the United States.

 

                                           

 

21. The distinction between offer and acceptance is no longer relevant in cyberlaw.

 

                                           

 

22. Federal law now recognizes the validity of electronic signatures.

 

                                           

 

23. Misrepresentation and fraud on the Internet raises a variety of new legal issues.

 

                                           

24. Federal law requires all companies who market search engines on the Internet to create and abide by a search engine code of ethics.

 

                                           

 

25. The Internet Tax Freedom Act (ITFA) prohibits companies from charging sales tax on Internet transactions.

 

                                           

 

 

MULTIPLE CHOICE

 

1.                           refers to laws and precedent applicable to Internet transactions and communications.
   1. Cyberlaw
   2. Cyborglaw
   3. Silicalaw
   4. Simlaw

                                           

 

2. Legal issues of Cyberspace include:
   1. employment issues.
   2. user issues.
   3. contract issues.
   4. all of the above.

                                           

 

3. Describe the rights of employers to monitor the e-mail of employees who are using their employers’ email system.
   1. Employers may monitor employees' e-mails, but only if the employees have consented.
   2. Employers may monitor employees' e-mails, regardless of whether employees have consented.
   3. Employers may monitor employees' e-mails, but only if notice is given.
   4. Employers may not monitor employees' e-mails.         
4. Employee e-mail is:
   1. spontaneous.
   2. candid.
   3. discoverable.
   4. all of the above.

                                           

 

5. When employers allow employees to reimburse the employer for private use of text services, employer monitoring and disclosure of those texts is:
   1. always legal.
   2. only legal if the employee gives his or her consent.
   3. only legal for texts that are sent and received during work hours.
   4. a violation of the law.

                                           

6. The Federal Trade Commission (FTC) has begun to take positions on Internet issues that are:

 

1. 1. tailored to Cyberspace.
   2. specific to the type of website that has the issue.
   3. identical to its stances of other types of commerce issues.
   4. none of the above.

ANS:      C            

 

7. Plaintiffs can successfully subpoena Internet Service Providers (ISPs) to obtain the identify of individuals who make defamatory remarks:

 

1. 1. in all cases.
   2. only when the information posted is false.
   3. only when the information posted is true.
   4. ISPs are never required to disclose identity. ANS:        B    

 

8. Statutory protections for privacy in cyberspace:
   1. include state laws that are difficult to enforce against web sponsors with no presence in the state.
   2. often address specific issues such as financial information rather than general protections .
   3. may not protect an individual from federal agency “routine use”.
   4. all of the above.

                                           

 

9. The taking of an image off someone's web site and using it for commercial advantage is called:
   1. appropriation.
   2. defamation.
   3. gleaning.
   4. subordination.

ANS:      A            

 

10. Contracts in cyberspace:
    1. are formed as a result of the desire for speed.
    2. are formed using purchase orders and invoices submitted via computer.
    3. require both an offer and an acceptance.
    4. all of the above.

                                           

 

11. The formation of contracts in cyberspace is governed today largely by:
    1. international contract law principles.
    2. traditional contract law principles.
    3. federal contract law principles.
    4. uniform state laws.

                                           

12.                           is a federal law that recognizes digital signatures as authentic for purposes of contract formation.
    1. Cyber-sign
    2. We-sign
    3. Electra-sign
    4. E-sign

ANS:      D            

 

13. The majority of fraud complaints received by the FBI relate to:
    1. sales from large online only retailers.
    2. sales from traditional retailers who also operate on the Internet.
    3. private Internet sales (one individual to another).
    4. Internet auctions.

                                           

 

14. Companies who have misrepresented the capabilities of their search engines or failed to disclose the methods whereby they give preference to certain links:
    1. may be liable for fraud, but are not responsible for either rescission or damages.
    2. may be liable for fraud, but if so are only responsible for rescission.
    3. may be liable for fraud, but if so are only responsible for damages.
    4. may be liable for fraud, and if so might be responsible for rescission or damages.         
15. Sales tax on Internet sales:
    1. is never collected.
    2. is always collected.
    3. is collected if the seller has a physical presence in the state of sale.
    4. follow the same rules for sales tax collected in brick and mortar stores.             

 

CASE

 

1. Roxy is employed as a manager at "com.com," an Internet-based company attempting to compete successfully in the highly competitive software development industry. Roxy is concerned that one of her employees, Randy, is not performing at an acceptable level. While Roxy has noticed that Randy spends considerable time using the computer at his workstation, his productivity is lacking. Roxy suspects Randy is using the company's e-mail system for personal use instead of working on company business. Is Roxy permitted to monitor Randy's email?