Ninth Amendment to the US constitution

Ninth Amendment to the US constitution

Question 1
1.
As a source of the right to privacy, the Ninth Amendment to the US constitution.
Answer

A. grants an express right to a zone of privacy.

B. provides protection against self-incrimination.

C. assures protection from unreasonable searches and seizures.

D. suggests or implies a right to privacy.
1 points
Question 2
1.
Courts have held that in order to establish a legally enforceable right to privacy, one must
Answer

A. demonstrate a reasonable expectation of privacy.

B. base one’s argument on the Fourth Amendment to the U.S. Constitution.

C. be engaged in activities in private places like one’s home, but not in public places like public telephone booths.

D. rely on state law
1 points
Question 3
1.
Regulation by architecture is the most durable type of regulation.
Answer
True ?????
False
1 points
Question 4
1.
Proof of invasion of privacy on the ground that there has been an “intrusion into one’s
seclusion” requires showing all of the following EXCEPT that the
Answer

A. defendant acted with intent or scienter.

B. plaintiff had a reasonable expectation of privacy.

C. intrusion was substantial and highly offensive.

D. plaintiffs reputation was harmed. ?????
1 points
Question 5
1.
Before the enactment of the Communications Decency Act of 1996, to prove defamation against an on-line service provider (OSP), plaintiff would most likely succeed if it could show that the OSP was a
Answer

A. common carrier.

B. distributor.

C. publisher. ?????? ???? ??

D. bulletin board service.
1 points
Question 6
1.
Assume that an Internet service provider (ISP) intentionally disclosed the contents of a lawful private e-mail message without consent to someone other than the intended recipient. What statute would the ISP have violated?
Answer
A. Electronic Communications Privacy Act of 1986
B. Computer Fraud and Abuse Act of 1986
C. Privacy Protection Act
D. Such an action is not illegal under federal law.
1 points
Question 7
1.
Before the enactment of the Communications Decency Act of 1996, the best way for an online service provider (OSP) to avoid all legal liability for transmitted material was for it to
Answer
A. hire an independent contractor to monitor the contents of the material transmitted.
B. hire an agent to monitor the contents of the material transmitted.
C. accept all material for transmission without any monitoring.
D. itself monitor the contents of the material transmitted.
1 points
Question 8
1.
Assume that you operate an online bulletin board service that allows third parties to post information and commentary on your board; assume also that you monitor the board so that you know the contents of what is posted. According to the decision in Cubby v. CompuServe, if defamatory comments are posted on your board, you
Answer
A. cannot be held liable because you are acting as a common carrier.
B. cannot be held liable because you are protected by the First Amendment.
C. cannot be held liable because you did not write the defamatory comments.
D. can be held liable.
1 points
Question 9
1.
In Quill v. North Dakota, the Supreme Court held that
Answer
A. the interstate commerce clause requires out-of-state merchants to have a physical presence before they can be obligated to collect taxes.?????
B. the due process clause requires out-of-state merchants to have a physical presence before they can be obligated to collect taxes.
C. Bellas Hess was out of date and overruled it.
D. none of the above
1 points
Question 10
1.
The types of information that need protection on the Internet include
Answer
A. financial.
B. privileged.
C. proprietary.
D. all of the above
1 points
Question 11
1.
The Cable Communication Protection Act (CCPA) requires cable television operators to
Answer
A. a. obtain permission of its subscribers before collecting their personal data.
B. b. allows subscribers to examine the data and make corrections.
C. c. both a and b
D. d. disclose data to whomever wants it.
1 points
Question 12
1.
The Privacy Protection Act requires agencies or departments
Answer
A. to furnish copies of individuals’ records upon their request.
B. allows individuals to correct any misinformation in their records.
C. make a reasonable effort to inform individuals that their records have been disclosed.
D. all of the above
1 points
Question 13
1.
The Electronic Communications Privacy Act (ECPA) applies to
Answer
A. a. interception of wire, oral, and electronic communications.
B. b. wiretaps via pen registers.?????? ??
C. c. both a and b
D. d. none of the above
1 points
Question 14
1.
The Children’s Internet Protection Act (CIPA) regulates
Answer
A. computer access to adult-oriented Web sites in private schools.
B. computer access to adult-oriented Web sites in libraries.
C. community TV stations broadcasting adult-oriented material.
D. none of the above
1 points
Question 15
1.
Carnivore allows the FBI
Answer
A. to spy on U.S. citizens in foreign countries.
B. to monitor telephone calls of suspected terrorists.
C. get personal financial information from banks and lenders.
D. to sift through e-mail and Internet traffic.
1 points
Question 16
1.
The USA Patriot Act permits
Answer
A. law enforcement to intercept communications to and from a trespasser within a system.
B. nationwide execution of court orders for access to stored information.
C. nationwide pen register and trap and trace orders.
D. all of the above
1 points
Question 17
1.
The common law tort for invasion of privacy can be proved by using all of the grounds listed below EXCEPT
Answer
A. public disclosure of private facts that cause injury to reputation.
B.
spreading already publicly known facts. ?????? ???? ??
C. publicly placing another in a false light.
D. misappropriation of a person’s name or likeness that cause injury to reputation.
1 points
Question 18
1.
Assume that a leading religious figure in your town has been having serious marital difficulties that are not public knowledge. Assume also that you were to spread that information via e-mail to the leader’s 1000 followers. If you were sued for invasion of privacy, which of the following would be the most likely ground(s) for the suit?
Answer
A. a. publicity placing another in a false light
B. b. intrusion into seclusion
C. c. public disclosure of private facts harmful to reputation
D. d. both b and c
1 points
Question 19
1.
Of the grounds for proving invasion of privacy, the one that would most likely provide the best remedy against an employer who gains unjustified access to an employee’s e-mail is
Answer
A. intrusion into seclusion.
B. public disclosure of private facts.
C. publicity placing another in a false light.
D. misappropriation of a person’s name or likeness.
1 points
Question 20
1.
Which of the following laws restricts government agencies as to the disclosure of records in their possession that contain personal information about individuals?
Answer

A. Privacy Protection Act (1980)

B. Video Privacy Protection Act (1988)

C. Computer Fraud and Abuse Act (1986)

D. Privacy Act of 1994
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