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Exam 9: Internet Law Social Media and Privacy

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Question 1

Multiple Choice

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Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer's stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is

A) a violation of the Stored Communications Act.
B) within the employer's rights.
C) a subject for dispute resolution by social media.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

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

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Question 2

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A social media post is not subject to discovery in litigation.

A) True
B) False

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Question 3

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Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as a domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that

No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect.

To maintain a claim of trademark dilution, the products involved must be similar.

Pilar registers a domain name-qualitytires.com-that is confusingly similar to the trademark of Quality Tires Inc. Pilar has a "bad faith intent" to profit from the mark by selling the name to Quality Tires. This is

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

The Digital Millennium Copyright Act protects copyrighted material from piracy online.

Criminal liability for the piracy of copyrighted materials extends only to persons who exchange unauthorized copies for profit.

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is

Using another's trademark as a meta tag may be permissible.

Rue obtains permission from Saga Company to use the firm's game app on Rue's mobile devices. But Rue does not obtain ownership rights in the app. This is

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law

Because federal wiretapping law was enacted before social media networks existed, it does not apply to communications through social media.

Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile's marketing method

An Internet service provider that terminates subscribers who infringe copyrights can qualify for a "safe harbor" under the Digital Millennium Copyright Act.

CallTalk Corporation, a phone-time seller, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "callltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is

Deals Inc. provides its sales representatives with phones to use in the ordinary course of business. Deals monitors the employees' electronic communications made through the phones. This is

Afford Motors LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is