Question 1

While at work, Neil would spend a considerable amount of time on the Internet. After multiple warnings, Neil was fired from his job as a result. To get back at his boss, Neil anonymously posted several untrue and offensive messages about his boss to an Internet discussion board frequently visited by his employer's customers and suppliers. Which of the following is true?

Accepted Answer

Neil's internet service provider could be forced to disclose the source of the discussion board postings if the boss takes legal action. Internet service providers (ISPs) can be compelled to provide identifying information if there is a legal subpoena. Neil may still face liability for the defamatory statements made, even if they were posted anonymously. The ISP may also face liability for defamation, but this depends on whether they were acting as a passive host or an active participant in the posting of the messages. The statement that free speech is the cornerstone of the Internet is not entirely accurate, as there are legal limits to free speech, including defamation.

Question 2

Which of the following is false with respect to the application of tort law to the Internet?

Accepted Answer

It is actually likely that courts will expand existing tort law to encompass new technologies, including the Internet. This has already occurred with cases involving online defamation, cyberbullying, and negligence in the operation of websites. However, there may be challenges in determining jurisdiction and identifying responsible parties.

Question 3

Laura is concerned that her e-mails may be read by third parties and that her Internet "surfing" is being tracked by businesses hoping to use the information to inundate her with unsolicited e-mail advertising. She is also convinced that embedded software devices on her computer give others the
Ability to access her private information. Her friends think she is just being paranoid. Which of the following is true in respect of privacy on the Internet?

Accepted Answer

Unauthorized interception of communications between individuals is now a criminal offence in Canada under the federal Personal Information Protection and Electronic Documents Act (PIPEDA). This means that individuals who intercept or eavesdrop on someone else's electronic communication without their consent can be prosecuted. However, this does not necessarily prevent all forms of online privacy violations, and individuals still need to take precautions to protect their personal information.

Question 4

Which of the following is true with respect to the application of contract law to the Internet?

Accepted Answer

Many jurisdictions have passed legislation, such as the United States' Electronic Signatures in Global and National Commerce Act, making electronic communications the equivalent of written documents for legal purposes. This means contracts formed using electronic communications, such as email or clicking "I Accept" buttons, can be legally binding.

Question 5

Which of the following is not a common internet or computer-related offence?

Accepted Answer

Trespass, while it may be a crime outside of the digital world, is not typically considered an internet or computer-related offence. The others listed are all common offences that can occur online.

Question 6

Which of the following statements regarding online transactions is false?

Accepted Answer

Conducting transactions online does not negate the need to satisfy the normal requirements of a contract, such as offer, acceptance, consideration, and intention to create legal relations. Online transactions are subject to the same laws and principles as traditional transactions.

Question 7

Dan, a Canadian resident, has decided to created a web site offering products and services to consumers in certain European markets. Which of the following is true with respect to the jurisdictional issues that arise?

Accepted Answer

E is the correct answer as it reflects the principle of "lex loci contractus" which means that the law of the place where the contract is formed will govern the contract. In this case, since Dan's website is targeted towards specific European markets, the laws of those markets will apply unless it is clearly stated otherwise in the contract. Therefore, Dan needs to ensure that he complies with the laws of the European jurisdictions he is operating in. A is incorrect as Dan can still be prosecuted for an activity that is against the law in a European jurisdiction, even if it is acceptable in Canada. B is incorrect as Dan needs to comply with the laws of the European jurisdictions he is operating in. C is incorrect as it is not always the laws of the jurisdiction of residence that govern if laws in one jurisdiction conflicts with those of another. D is incorrect as disclaimers may not necessarily protect Dan if the content of his website turns out to constitute an offense in the European markets where he is operating.

Question 8

Which of the following is true with respect to the application of tort law to the Internet?

Accepted Answer

The principle of defamation applies to the Internet just like any other form of communication, but the problems of jurisdiction and whom to sue create significant obstacles. While common law may provide some protection, courts may need to expand existing tort law to encompass new technologies. Companies selling products on the Internet can still be held liable under the laws of negligence if their product causes injury, and direct, inexpensive access to a massive audience does not exempt individuals or organizations from tort liability.

Question 9

Which of the following is true with respect to the application of contract law to the Internet?

Accepted Answer

Clicking an "I Accept" button on a website is generally considered as the equivalent of achieving the consensus element of a binding contract in the context of the Internet. This has been established through various court cases and is commonly referred to as the "clickwrap agreement". While the federal Uniform Electronic Commerce Act provides a legal framework for electronic transactions, it does not specifically apply to contracts formed online. Some jurisdictions have passed legislation recognizing electronic communications as the equivalent of written documents, and the rules surrounding acceptance of offers by email may vary depending on the specific circumstances. The "postbox rule" (also known as the "mailbox rule") refers to the timing of acceptance in a contract, and is not specifically related to online communications.

Question 10

Which of the following statements regarding privacy is true?

Accepted Answer

Organizations have a responsibility to protect personal information such as drivers' license information. While new technology has improved security measures, it does not guarantee 100% protection. Credit card and debit card fraud may still occur, and PIN theft may also still occur. Employers can be held liable for their employees' abuses of privacy.

Question 11

Grant and Shawna developed a new and exciting invention which they called the "Zlackerblogf". They incorporated "Zlackerblogf Industries Ltd." to be responsible for the manufacture and sale of this revolutionary new product. After years of success, they decided to sell their product online. When time came to register "zlackerblogf.com", however, they discovered that the domain name had already been taken by Curlicue Developments Inc., a major competitor. Which of the following is true?

Accepted Answer

The best option is E, which suggests that dispute resolution mechanisms could be used to deal with the conflict over the domain name. This is because domain name disputes are common, and there are mechanisms in place to resolve them fairly and efficiently. Option A is incorrect because it suggests that Curlicue Developments Inc.'s improper conduct does not affect its claim to the domain name, which is not necessarily true. Option B is incorrect because it suggests that multiple businesses can use the same domain name, which is not allowed under current Internet regulations. Option C is incorrect because registering a domain name does not offer protection against allegations of trademark infringement. Option D is incorrect because domain names can be rescinded under certain circumstances, such as when they are found to have been obtained fraudulently.

Question 12

Deceitful practices and fraud are ongoing concerns for those transacting business on the Internet. Pat has recently been the victim of such a scam. He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions. Which of the following statements is correct?

Accepted Answer

Provincial consumer protection laws vary across Canada, but there is no federal Universal Internet Transactions Act. However, provinces are adopting guidelines from the federal Uniform Electronic Commerce Act to protect consumers in online transactions.

Question 13

In the context of employment and use of the Internet, which of the following is false?

Accepted Answer

E-mail is not inherently private as it can be monitored by the employer. Therefore, encouraging the use of e-mail over other forms of communication could lead to a false sense of privacy for employees.

Question 14

Which of the following is true with respect to the application of intellectual property law to the Internet?

Accepted Answer

In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose under the Intellectual Property Act. The other choices are incorrect. Web sites are not exempt from trademark and copyright laws, and copyright law provides the owner with exclusive rights to control reproduction, distribution, and rental of electronic material. Accessing a website on which a trademark appears is not necessarily an actionable infringement, and while there have been challenges in enforcing intellectual property rights on the internet, it is not accurate to say that the courts are powerless.

Question 15

Chad was the best private detective in the west. His system for tracking persons who have caused themselves to disappear was markedly superior to that of others. Sally, his only assistant, was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses. Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals. Sally and Chad took care that the discussions were understood to be confidential -- regarding both the information from the RCMP and from Chad about his methods. Sally was approached by a competitor of Chad, Mr. Adolph, who offered her three times her salary if she would break her contract with Chad, sign with him, and bring him information about Chad's tracking system. After some months, she did just that. Furthermore, she told Adolph the details of the information given to Chad by the RCMP, which caused the RCMP embarrassment, time, and money. Which of the following is false?

Accepted Answer

The statement that the RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP a cutting edge in business competition is false. The information disclosed by Sally was confidential and had been given to Chad under the understanding that it would not be disclosed to anyone else. As a result, Chad could be sued for breach of confidence by the RCMP.

Question 16

Deceitful practices and fraud are ongoing concerns for those transacting business on the Internet. Pat has recently been the victim of such a scam. He gets into a heated discussion with his friend over the application of current consumer protection laws to online transactions. Which of the following statements is correct?

Accepted Answer

Provincial securities regulations apply to internet trades, and amendments may be made to address electronic trading specifically.

Question 17

Gordon invented a solution that dissolved the residue of tape that remained on walls after the removal of notices, pictures, etc. He kept his formula secret, but wasn't yet interested in marketing it, just in improving it. Gordon's only employee, Thad, who had signed a contract to work until July 1, 2011, was offered a job by Mr. Barr who would pay him twice his salary if Thad would leave Gordon right away (April) and bring Gordon's secret formula with him. Because Thad was upset by Gordon's lack of interest in marketing his product, he did copy the formula, quit, and began working for Barr, who marketed the solution. On these facts, which of the following is false?

Accepted Answer

Gordon could potentially sue Thad for breach of contract for leaving before the agreed upon date and for breach of trade secret law for copying and taking the formula. Gordon could also potentially sue Barr for inducing breach of contract if there is evidence that Barr knew about Thad's contract and encouraged him to leave early. As one remedy, Gordon could ask for an accounting of profits that Barr made from marketing the solution. However, it is not necessarily true that Gordon could not get an injunction to stop Barr from marketing the product. If it can be proven that Thad breached his contract and stole Gordon's trade secret, and that Barr knowingly received and used this information, a court could potentially issue an injunction to stop Barr from marketing the product.

Question 18

Which of the following statements with regards to defamation over the internet is true.

Accepted Answer

The first step in a defamation case is to determine whether the statement is libel (written) or slander (spoken), as this affects the legal approach and potential remedies.

Question 19

Naxon opened a retail computer shop which he called Computer Haven Ltd. He used colours and signs similar to those used by Computerheaven Ltd., a very successful computer store three miles away. After Naxon was in business for about five months, the directors of Computerheaven Ltd. noticed that their sales had dropped. On these facts, which of the following is true?

Accepted Answer

Computerheaven could potentially have a claim for the tort of passing off if they can prove that Naxon's use of similar name, signs, and colours is likely to confuse or mislead the public into thinking that Naxon is affiliated with or endorsed by Computerheaven. Passing off involves a misrepresentation made by a trader to the public, which leads or is likely to lead the public to believe that the goods or services offered by him are the goods or services of another trader, when they are not. This misrepresentation must be made with the intention to deceive or where there is a likelihood of confusion.

Question 20

Which of the following is true in respect of privacy law in Canada?

Accepted Answer

Organizations in the private sector are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) with respect to the personal information they collect. PIPEDA is federal legislation that governs the collection, use, and disclosure of personal information by private sector organizations. Although there are some provincial privacy laws that apply to specific industries or sectors, PIPEDA is the main privacy law in Canada.

Quiz 14: Information Technology and the Internet

Which of the following is false with respect to the application of tort law to the Internet?

Which of the following is true with respect to the application of contract law to the Internet?

Which of the following is not a common internet or computer-related offence?

Which of the following statements regarding online transactions is false?

Dan, a Canadian resident, has decided to created a web site offering products and services to consumers in certain European markets. Which of the following is true with respect to the jurisdictional issues that arise?

Which of the following is true with respect to the application of tort law to the Internet?

Which of the following is true with respect to the application of contract law to the Internet?

Which of the following statements regarding privacy is true?

In the context of employment and use of the Internet, which of the following is false?

Which of the following is true with respect to the application of intellectual property law to the Internet?

Which of the following statements with regards to defamation over the internet is true.

Which of the following is true in respect of privacy law in Canada?