Quiz 10: Cyberlaw and Privacy


Case synopsis: C Inc. provides online tracking tools on websites. If a consumer does not want to be tracked by the company, then they can click the "Opt-out" button. However, this works only for 10 days and it automatically starts tracking from the 11 th day. Legal problem with the system of C Inc.: There is a legal problem with the system of C Inc.'s tracking tools. The problem of the consumer is that they might forget to click the "Opt-out" button for every 10 days so that the system tracks the day when the consumer does not really wants to be tracked. The legal problem is an ethical problem because the company should provide the service of tracking only when the consumer needs it. However, the company tracks the consumer by default, which violates the consumer's personal freedom. The life principles operating in the ethics: The life principle operated in the situation is as follows: • Protection of individual's rights • Protection of personal information of the individual • The company must provide only the service asked by the consumer. It must not provide any services by default.

Case synopsis: Ms. MS used the laptop given by her company for her personal use. That is, she used it for communicating with her lawyer. The company says that the laptop should be used only for office purpose and occasionally it can be used for personal purposes. Ms. MS filed a lawsuit against her employer and hence the company hired an expert to access her mail conversations. Protection of electronic mails by attorney-client privilege: The electronic mails are supposed to be protected by the attorney-client privilege, as it is considered as the personal information of an individual. Reading the confidential mail conversations of an individual is said to be illegal. Difference of the case from S versus B: In the case of S versus B, the company gives clear notification to the employees that all the things done with the laptop will be monitored and it must be used only for company's purposes. But in the case of Ms. MS, the organization says that the laptop can be used occasionally for personal purposes.

Section 230 of the Communications Decency Act states "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Amazon falls under the category of an interactive computer service; it merely provides a means for users to write reviews, it does not originate the content itself. The fact that Amazon does have editorial discretion over content posted on its website does not establish Amazon as a content provider. Amazon.com is protected by the Communications Decency Act and has no liability for the reviews posted on its website.

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