Chapter 9

These flashcards cover key concepts related to Internet law, privacy issues, and related regulations.

What is the primary focus of the CAN-SPAM Act passed in 2003?

The CAN-SPAM Act regulates commercial electronic mail messages and prohibits false or misleading information in emails. Prohibited activities include the use of a false return address and the use of false, misleading, or deceptive information when sending an email

What was established by the U.S. Safe Web Act?

The U.S. Safe Web Act allows the FTC to cooperate with foreign agencies to combat spamming and Internet fraud. It provides a safe harbor for internet service providers

ICANN

oversees the distribution of domain names and operates an online arbitration system

Cybersquatting

Cybersquatting occurs when an individual registers a domain name that is identical or confusingly similar to a trademark of another person and offers to sell it back to the trademark owner.

What is trademark dilution, and how does it differ from trademark infringement?

Trademark dilution occurs when a trademark is used without authorization in a way that diminishes its distinctive quality. Unlike trademark infringement, dilution does not require proof of consumer confusion regarding a connection between the unauthorized use and the mark.

Why is copyright law important for digital information, and when does infringement occur?

Copyright law is crucial for protecting digital information on the Internet, as much of the content is copyrighted and must be copied to be transferred online. Infringement occurs when a party downloads software or music into a computer's RAM without authorization.

What is typosquatting?

Typosquatting is a form of cybersquatting that involves registering misspelled domain names of popular brands to capture user traffic.

What does the Anticybersquatting Consumer Protection Act (ACPA) make illegal?

The ACPA makes cybersquatting illegal when the domain name is identical or confusingly similar to a trademark and is registered with 'bad faith intent' to profit.

What is the purpose of the Digital Millennium Copyright Act (DMCA)?

The DMCA established penalties for circumvention of copyright protection measures and allows “fair use” of circumvention methods for educational purposes.

Under the DMCA, when can an ISP be held liable for copyright infringement?

An ISP can be held liable for copyright infringement if it is aware of a subscriber’s violation and fails to take action against it.

What is peer-to-peer (P2P) networking and how does it work for file-sharing?

Peer-to-peer (P2P) networking allows the sharing of resources, such as files and processing power, among multiple computers without a central server. Users on the same network can access files stored on one another’s computers through a distributed network.

What is a distributed network in the context of file-sharing?

A distributed network allows individuals from different locations, even globally, to share computer files. It enables users to access and exchange files across vast distances without a central server.

What is cloud computing and how does it differ from traditional file-sharing methods?

Cloud computing is the delivery of on-demand services from third-party servers over a network. It functions as a subscription-based or pay-per-use service that extends a computer’s software or storage capabilities, unlike traditional file-sharing methods like P2P.

How does file-sharing affect the music industry?

File-sharing can result in significant revenue losses for recording artists and their labels when music files are downloaded and shared for free, reducing digital downloads and CD purchases. Recording companies have pursued both companies and individuals involved in file-sharing copyrighted music.

How does file-sharing impact the motion picture and television industries?

File-sharing causes significant revenue losses for the motion picture and television industries due to piracy, as unauthorized distribution of movies and TV shows reduces sales and viewership.

What is online defamation?

A cyber tort, involving wrongfully harming a person's reputation by communicating false statements about that person via the Internet.

How do law enforcement and federal regulators use social media in criminal investigations?

Law enforcement uses social media to detect and prosecute criminals, as many criminals boast about their illegal activities online. Federal regulators also use social media posts in their investigations into illegal activities, with administrative law judges potentially basing decisions on such content.

What are employers' social media policies and the consequences of violating them?

Many large corporations have established guidelines for using social media in the workplace. Employees who violate these policies may face disciplinary actions or termination from their jobs.

What is the Stored Communications Act (SCA) and how does it relate to the ECPA?

The SCA, part of the ECPA, prohibits intentional and unauthorized access to stored electronic communications and sets criminal and civil sanctions for violators. It also prevents communication service providers from disclosing private communications to certain entities and individuals.

What are the exclusions under the ECPA for employers?

The ECPA excludes electronic communications made through devices provided by an employer for business use but does not allow monitoring of personal communications without consent.

What does the Electronic Communications Privacy Act (ECPA) cover?

The ECPA amended federal wiretapping law to include electronic forms of communication. It prohibits the intentional interception of any wire, oral, or electronic communication, as well as the intentional disclosure or use of the information obtained through interception.

What is required to maintain a suit for invasion of privacy?

To maintain a suit for invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.

When do people have a reasonable expectation of privacy online?

People have a reasonable expectation of privacy when entering personal financial information online and when expecting online companies to follow their privacy policies.

Is it reasonable to expect privacy when posting on social media?

It is probably not reasonable to expect privacy when making statements or posting photos on social media sites.