Deck 29: Computer Privacy and Speech

Question 1

The rules of defamation vary depending on whether one is or is not a public figure.

Answer 1

True

Question 2

Defamatory statements include slander but not libel.

Answer 2

False

Question 3

While there are currently no federal laws prohibiting the use of cookies when gathering information regarding adults, the Children's Online Privacy Protection Act prohibits this practice when minors are involved, unless there is parental consent.

Answer 3

True

Question 4

The Electronic Communications Privacy Act (ECPA) makes it a federal crime to monitor e-mail during real time, that is, when it is being sent or received.

Question 5

From a legal standpoint, it is not allowable for a seller to solicit via e-mail.

Question 6

It is not a crime under the ECPA to disclose to a third party the contents of stored computer information that has been obtained without permission.

Question 7

The laws governing online gambling vary from state to state, and most states have pending regulations that would severely restrict how and when such gambling may take place.

Question 8

The process in which a legitimate Web site is reproduced in order to fool users into thinking that they are connected to a trusted site is known as:

A) spoofing.
B) phishing.
C) crunching.
D) frothing.

Question 9

The Computer Fraud and Abuse Act (CFAA) at times limits the ECPA. Under the ECPA there must be an intent to exceed authorization for a crime to be committed, and the CFAA does not require such intent if the intrusion onto another person's computer-stored information causes damage.

Question 10

Individuals who post content on social media websites are not held legally responsible for any forms of criminal activity.

Question 11

There are _______ distinct rights of privacy generally recognized in the United States.

A) six
B) four
C) five
D) two

Question 12

Spam is undesirable because it can drain an ISP's resources, strain network bandwidth, and clog a user's e-mail folders.

Question 13

The rapid advances in technology being experienced today make it difficult for people to maintain online anonymity or distance between themselves and powerful:

A) sales persons.
B) interests.
C) forces.
D) departments.

Question 14

When individuals learn that someone has posted an untruth about them, especially when such untruth harms them professionally, they often attempt to hold their ISP liable.

Question 15

The rules relating to legal purpose and competent parties in contract law do not apply to agreements made in the form of wagers placed online.

Question 16

Transferring funds from one bank account to another, changing students' grades in college computer files, and crediting accounts for purchases made are not instances of unauthorized use of computers.

Question 17

Online marketers of products and services have quickly recognized that learning about consumers' online behavior presents a real opportunity to increase their:

A) sales.
B) interests.
C) forces.
D) departments.

Question 18

A file that is imbedded on the hard drive of a computer, often without a person's knowledge, that collects and stores information about the user and his or her behavior, including the Web sites that have been visited, is known as a:

A) spoof.
B) cookie.
C) crunch.
D) froth.

Question 19

Even if an employer promises not to read the employee's e-mail messages, courts in some states have still ruled that the promise does not create a reasonable expectation of privacy.

Question 20

Federal criminal statutes are not used to prosecute computer crime.

Question 21

In the case of newspapers, the ___________ may not recover damages unless he or she can show that the newspaper acted with actual malice.

A) journalist
B) agent
C) individual inflicted with distress
D) defamed individual

Question 22

A federal statute passed to regulate Web sites that contain obscene material or child pornography has now been ruled _____ by the courts because it violates due process of law.

A) ambiguous.
B) ultra vires.
C) unconstitutional.
D) unnecessary.

Question 23

A type of computer crime concerns _____ access to computer data.

A) intended
B) authorized
C) unauthorized
D) accidental

Question 24

Federal legislation disallows most, but not all kinds of online:

A) gambling.
B) surfing.
C) monitoring.
D) screening.

Question 25

Consumers who believe that their right to privacy is being violated by the embedding of software can complain to the:

A) Federal Tort Curbing Agency.
B) Administration and Trade Commission.
C) Agency against Unfair Trade Practices.
D) Federal Trade Commission.

Question 26

Instructions hidden in software with the potential to cause significant damage to both hardware and software is a:

A) virus.
B) addendum.
C) corruption.
D) façade.

Question 27

To use any device that is part of an electronic transfer mechanism to steal money, goods, or services or to alter data, interrupt wire transmissions, or use stolen codes or passwords, when the purpose of such activity is to obtain something of value unlawfully, is a federal offense under the:

A) Can-Spam Act.
B) Electronic Communications Privacy Act.
C) Computer Fraud and Abuse Act.
D) Electronic Funds Transfer Act.

Question 28

Unsolicited e-mails sent for commercial purposes are popularly referred to as:

A) spam.
B) cookies.
C) viruses.
D) spyware.

Question 29

The Electronic Communications Privacy Act (ECPA) states that individuals may not gain access to a(n) _____without permission.

A) fund transfer system
B) cyberspace privacy system
C) electronic communication system
D) antivirus organization

Question 30

A bank employee who programs the bank's computer to make deductions from one or several accounts, and to deposit the funds to an account set up and controlled by the employee, could be prosecuted for ______________even though he or she had not touched actual currency.

A) counterfeiting
B) embezzlement
C) robbery
D) fraud

Question 31

Unauthorized access to computers invites violation of:

A) objectives.
B) duties.
C) rights.
D) goals.

Question 32

Speech that harms a person's reputation is referred to as:

A) reflective speech.
B) obscene statements.
C) defamation.
D) deception.

Question 33

Under the ECPA, the individual must act ___ in order to commit a crime.

A) intentionally
B) negligently
C) purposefully
D) criminally

Question 34

It is a problematic issue as to how offshore gambling can be regulated, where ___________ laws generally do not apply.

A) consumer protection
B) human rights
C) constitutional
D) administrative

Question 35

Federal and state laws make most forms of gambling:

A) legal
B) illegal.
C) unethical.
D) beneficial.

Question 36

When a person sustains severe anxiety, the injured party may sue the offending party for:

A) illegal interference in privacy.
B) intentional infliction of emotional distress.
C) invasion of privacy.
D) defamation.

Question 37

Even if a person's intent is good and his or her conduct accidentally causes damage, then he or she may be prosecuted for a federal crime under the:

A) Can-Spam Act.
B) Electronic Communications Privacy Act.
C) Computer Fraud and Abuse Act.
D) Electronic Funds Transfer Act.

Question 38

A person who gains unauthorized access to computers, either for mischief or with criminal intent, is called a(n):

A) imposter.
B) achiever.
C) genius.
D) hacker.

Question 39

The ECPA grants an Internet service provider (ISP) the right to __________ e-mail messages without the subscriber's consent.

A) monitor
B) screen
C) block
D) redirect

Question 40

Many experts argue that the problem with the legal definition of __________ is that it is too vague and ambiguous.

A) defamation
B) sexual harassment
C) phishing
D) obscenity

Question 41

Identify and describe the three major areas that the Computer Fraud and Abuse Act (CFAA) covers.

Question 42

Do Internet Service Providers have the legal right to monitor their subscribers' e-mail without consent, and what steps do these ISPs take to protect themselves in this process?

Question 43

Bryan, an employee of Anderson Co., regularly placed orders for raw materials with Sasha, an employee of Kleinman Glass Corporation. Bryan sent an e-mail to Sasha through his work e-mail account, asking her to go out to dinner with him. Bryan's immediate supervisor at Anderson Co. read the e-mail. What consequences will Bryan have to face for his act?