Internet Law
Internet Law
Internet Law: Chapter 9 (Internet Law, Social Media, and Privacy)
25. Would federal law preempt state law concerning antispam?
The statute preempts state antispam laws except for those provisions in state laws that prohibit false and deceptive e-mailing practices. The act permits the sending of unsolicited commercial email but prohibits certain types of spamming activities. Prohibited activities include the use of a false return address and the use of false, misleading, or deceptive information when sending e-mail.
26. How many states currently prohibit or regulate spam?
Thirty-seven states have enacted laws that prohibit or regulate the use of spam. Many state laws that regulate spam require the senders of e-mail ads to instruct the recipients on how they can “opt-out” of further e-mail ads from the same sources. In some states, an unsolicited e-mail must include a toll-free phone number or return e-mail address that the recipient can use to ask the sender to stop forwarding those emails.
27. What is cybersquatting?
Cybersquatting is when a person registers on a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner. Apple Inc. has repeatedly sued cybersquatters that registered domain names similar to the names of its products, such as ipods.com.
28. Would it be illegal if A registered a domain name that is confusingly similar to the trademark of B if A had bad faith intent to profit from the mark by selling the name to B?
29. What is typosquatting?
30. What could a plaintiff recover if it proves the defendant is profiting from a domain name that is confusingly similar to the plaintiff’s trademark?
31. Be able to recognize an example of A diminishing the quality of B’s domain name. Give an example of your own.
32. What is trademark dilution?
33. Is A’s downloading of music into her computer’s random access memory (RAM) without authorization considered copyright infringement?
34. Is the Digital Millennium Copyright Act violated if A transfers pirated copies of movies of television programs to an Internet site that permits users to view them without downloading them?
35. What is a license?
36. Be able to recognize a fair use exception to the provisions of the Digital Millennium Copyright Act.
37. Are making and selling devices and services for the circumvention of encryption software a violation of the Digital Millennium Copyright Act?
38. What is copyright infringement? (2)
39. What is peer-to-peer (P2P) networking?
40. What is a distributed network?
41. What is a business-extension exception under the Electronic Communications Privacy Act?
42. What is cloud computing?
43. May an employer discipline and even fire an employee who uses social media in a way that violates her employer’s stated social media policies?
44. How could an employer violate the Stored Communications Act with respect to its firing of employees who maintain a password-protected social media page to vent about their work?
45. Under the Electronic Communications Privacy Act, is it permissible for an employer to intercept employees’ business communications on devices provided for employees’ use in the ordinary course of its business?
46. What would cause an Internet Service Provider to have to disclose the identity of those persons who make defamatory statements online about a company’s products?
47. Can a company which markets its products online use cookies to track individuals’ Web browsing activities?
48. Are the privacy rights of the users of companies’ Web sites and apps for mobile devices frequently defined by the companies that own the sites and the apps?
