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Fact Pattern 6-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.Still later,Call&Talk,Inc.,uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization,to sell pornographic phone conversations. -Refer to Fact Pattern 6-2.Call&Talk's use of the domain name "callltalk," without CallTalk's authorization,to sell pornographic phone conversations,is


A) goodwill.
B) fair use.
C) a license.
D) trademark dilution.

E) B) and C)
F) B) and D)

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Global Reach Corporation uses invisible files created on the computers,smartphones,and other mobile devices of visitors to its Web sites to track the users' browsing activities.These files are


A) licenses.
B) cookies.
C) cloud computing.
D) aviolation of the law.

E) A) and D)
F) All of the above

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Omni Corporation provides cell phones,laptops,and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices.This is


A) a violation of the rights of Omni's employees.
B) a matter for which Omni must obtain its employees' consent.
C) a subject for dispute resolution by the communications providers that Omni uses.
D) excluded from the coverage of the Electronic Communications Privacy Act.

E) None of the above
F) A) and D)

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

A) True
B) False

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The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.

A) True
B) False

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To test computer security and conduct encryption research,Tech SolutionsInc.circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software.Under the Digital Millennium Copyright Act,this is


A) a violation of copyright law.
B) prohibited but not a violation of copyright law.
C) a "fair use" exception to the provisions of the act.
D) permitted for reconsideration every three years.

E) B) and D)
F) B) and C)

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Cyber torts are torts that arise from online conduct.

A) True
B) False

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Using another's trademark in a meta tag does not normally constitute trademark infringement,even if it is done without the owner's permission.

A) True
B) False

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Paige applies to work for Quibbling & Company.Reece applies for admittance to State University.As part of their applications,Paige and Reece are asked to divulge their social media passwords.Legislation that protects individuals from having to disclose their social media passwords has been enacted in


A) no states.
B) most states but not by the federal government.
C) all states and by the federal government.
D) four states.

E) C) and D)
F) All of the above

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Sonya and other employees of TransGlobal Inc.maintain a password-protected social media page on which they post comments on work-related issues.The posts range from positive to negative,supporting the page's purpose to "vent about work." When TransGlobal learns of the page,the company intimidates Sonya into revealing the password,and after reviewing the posts,fires her and the other participants.Which federal law discussed in this chapter most likely applies to this situation? Has this law been violated? Discuss.

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The federal law discussed in this chapte...

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Fact Pattern 6-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.Still later,Call&Talk,Inc.,uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization,to sell pornographic phone conversations. -Refer to Fact Pattern 6-2.CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit,CallTalk has to ask the court for a subpoena to discover


A) the true identity of the owner of the unauthorized site.
B) the amount of the profits of the unauthorized site.
C) the estimated costs of the court proceedings and discovery.
D) all of the registered variations of the name "calltalk."

E) A) and B)
F) A) and C)

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Fact Pattern 6-2 CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its second-level domain.Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.Still later,Call&Talk,Inc.,uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization,to sell pornographic phone conversations. -Refer to Fact Pattern 6-2.By using a similar domain name to CallTalk's,CellTalk is most likely attempting to profit from its competitor's


A) goodwill.
B) fair use.
C) license.
D) safe harbor.

E) A) and B)
F) A) and C)

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Dona downloads music into her computer's random access memory,or RAM,without authorization.This is


A) copyright infringement.
B) within Dona's rights as a computer user.
C) a basis of liability for the computer maker if it does not act against Dona.
D) none of the choices.

E) All of the above
F) A) and D)

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Federal law prohibits the Federal Trade Commission from cooperating and sharing information with foreign agencies in investigating and prosecuting those involved in spamming.

A) True
B) False

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Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

A) True
B) False

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Penalties exist for anyone who circumvents encryption software or other technological antipiracy protection.

A) True
B) False

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A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.

A) True
B) False

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Fact Pattern 6-1 Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Instable Investments,Inc.,sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. -Refer to Fact Pattern 6-1.One of the advertisers-either Sound Financials or Instable Investments-is acting within the bounds of federal law.Federal law permits the sending of


A) unsolicited commercial e-mail.
B) solicited commercial e-mail only.
C) commerciale-mail to randomly generated addresses.
D) commercial e-mail to addresses "harvested" from Web sites through the use of specialized software.

E) A) and D)
F) B) and C)

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Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

A) True
B) False

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Rowan registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com.This is


A) cybersquatting.
B) typosquatting.
C) trademark infringement.
D) trademark dilution.

E) A) and D)
F) All of the above

Correct Answer

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