Business law essay questions
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lawchapter32.pptCyberlaw
- Tracking tools
Popular websites install thousands of tracking tools on the computers of people who visit their sites
Placed on computers without notice or warning to the consumer
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Self-regulation
Self-regulatory Principles for Online Behavioral Advertising: Require websites that use tracking tools to provide notice of data collection that is “clear, prominent, and conveniently located”
- The First Amendment: Protects free speech
Includes postings which have appeared on Internet message boards and blogs
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©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- The Fourth Amendment: Prohibits unreasonable searches and seizures by the government
- The FTC: Prohibits unfair and deceptive acts or practices
- Electronic Communications Privacy Act (ECPA) of 1986
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Any intended recipient of an electronic communication has the right to disclose it
- Internet service providers are generally prohibited from disclosing electronic messages to anyone other than the addressee
- An employer has the right to monitor workers’ electronic communications if:
The employee consents
Monitoring is in the ordinary course of business
In the case of email, if the employer provides the computer system
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Prohibits Internet operators from collecting information from children under age 13 without parental permission
- It also requires sites to disclose how they will use any information they acquire
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- State regulation
Some states have passed own online privacy laws
- European law
The EU’s e-privacy directive requires an opt-in system under which tracking tools cannot be used unless:
The consumer is told how the tools will be used
The consumer specifically grants permission for their use
- Spyware: A computer program that enters a user’s computer without permission
Monitors and reports the user’s activities
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
A federal statute that does not prohibit spam but regulates it
Under this Statute, commercial e-mail:
May not have deceptive headings
Must offer an opt-out system permitting the recipient to unsubscribe
Must clearly indicate that the email is an advertisement
Must provide a valid physical return address
Must clearly indicate the nature of pornographic messages
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Under the CDA, ISPs and web hosts are not liable for information that is provided by someone else
Only content providers are liable
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Hacking: Gaining unauthorized access to a computer system
Illegal under the federal Computer Fraud and Abuse Act (CFAA) of 1986
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- CFAA prohibits:
Accessing a computer without authorization and obtaining information from it
Computer espionage
Theft of financial information
Theft of information from the U.S. government
Theft from a computer
Computer fraud
Intentional, reckless, and negligent damage to a computer
Trafficking in computer passwords
Computer extortion
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- Fraud: Deception of another person for the purpose of obtaining money or property from him
Auctions: A major source of consumer complaints about online fraud
Shilling: When a seller at auction either bids on his own goods or agrees to cross-bid with a group of other sellers
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
- The Identity Theft and Assumption Deterrence Act of 1998:
Prohibits use of false identification to commit fraud or other crime
Permits the victim to seek restitution in court
- Phishing: A fraudster sends a message directing the recipient to enter personal information on a website that is an illegal imitation of a legitimate site
Spear phishing: Involves personalized messages sent from someone the victim knows
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
