lgst 222 Questions and Correct Answers/
Latest Update / Already Graded
challenges for cyberspace law
Ans: Power: Governments cannot realistically control/stop the
flow of digital communications across borders. Attempts at
local regulation create conflicts (e.g., one state regulating
activities of foreign companies online).
Effects: Online activities don't radiate from a single physical
point—websites or forums exist everywhere and nowhere
simultaneously. A site in Brazil has the same effect on users in
Norway as one in Belize.
Legitimacy & Notice: No local population has a stronger claim
to regulate cyberspace; physical signposts don't exist to warn
users of jurisdictional shifts.
Four features of cyberspace that make harassment worse
Ans: - Anonymity
- Amplification: wide audience
- Permanence: difficult to erase personal information from the
web
- Virtual Captivity/publicity
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State V. Decker
Ans: (a) Facts (background, case name, parties)
In 2014, Daniel Decker (34) befriended 14 -year-old M.J. on
Facebook. One night, after a short chat via Messenger, Dec ker
sent her a picture of his erect penis.
Convictions: Fifth-degree criminal sexual conduct & Indecent
Exposure
b) Issues (what is in dispute)
Does sending an image of one's genitals via electronic
communication satisfy the statutory requirement of a lew d
exhibition "in the presence of a minor under the age of 16"
(c) Holding (the applied rule of law)
Yes. The Minnesota Court agreed that sending lewd images via
electronic communication to a minor can constitute exposure
"in the presence of a minor" under the statutes.
(d) Rationale (reasons for the holding)
Majority reasoning: The goal of these statutes is to protect
minors from adults lewdly exposing themselves. Allowing an
exception for online exposure would undermine legislative
intent, effectively permitting adults to exploit minors digitally
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without consequence. Technology allows adults to "enter" a
child's private space virtually, and Decker's conduct met the
statutory elements.
Dissent (Justice Anderson): The plain meaning of "in the
presence of" requires physical proximity. Decker and M.J. were
in separate homes; thus, the statutory language was not
satisfied.
Robles v. Domino's Pizza
Ans: (a) Facts (background, case name, parties)
Guillermo Robles, a blind man who uses screen -reading
software to access the internet, and Domino's Pi a
Background: Robles attempted multiple times to order a pizza from
Domino's website and mobile app but couldn't because they were not
designed to work with his screen-reader. He filed suit under the
Americans with Disabilities Act (ADA), California's Unruh Civil Rights
Act (UCRA).
b) Issues (what is in dispute)
Does Title III of the ADA apply to Domino's website and mobile
application, which connect to but are not themselves physical places of
public accommodation? Does Domino's need to make their site
accessible under UCRA?
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c) Holding (the applied rule of law)
Yes. The ADA applies to Domino's website and app because their
inaccessibility impedes access to the goods and services of Domino's
physical restaurants, which are places of public accommodation under
42 U.S.C. § 12181(7)(B). Thus, Domino's is required to provide auxiliary
aids and services.
(d) Rationale (reasons for the holding)
Statutory Language: Title III prohibits discrimination in the "full and
equal enjoyment of the goods and services ... of any place of public
accommodation." It applies to services "of" a public accommodation,
not just services "in" one. The website and app help order food from
physical locations, impeding access to those goods.
DOJ Regulations: Covered entities must provide auxiliary aids and
services to ensure effective communication, which includes accessible
electronic technology.zz
DOW JONES & CO. V. GUTNICK
Ans: (a) Facts (background, case name, parties)
Background: Dow Jones published an article entitled "Unholy
Gains" in Barron's Online linking Gutnick with convi cted tax
evader Nachum Goldberg. Gutnick alleged the article defamed
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