ANSWERS SURE A+
✔✔What was the basis of the FTC's findings against BJ's Wholesale Club? - ✔✔Unfair
practices because private data was not encrypted during transmission
✔✔What are the six questions you should ask in understanding a law? - ✔✔1. Who is
covered by this law?
2. What types of information and what uses of information are covered?
3. What exactly is required and/or prohibited?
4. Who enforces the law?
5. What happens if I don't comply?
6. Why does this law exist?
✔✔Define civil litigation - ✔✔Disputes between individuals and/or organizations
✔✔Define criminal litigation - ✔✔Legal punishment of criminal offenses
✔✔Who initiates civil litigation? - ✔✔Private party
✔✔Who initiates criminal litigation? - ✔✔Government
✔✔What is the burden of proof for civil litigation? - ✔✔Preponderance of evidence
✔✔What is the burden of proof for criminal litigation? - ✔✔Reyond a reasonable doubt
✔✔List the five theories of legal liability - ✔✔1. Negligence - absence of, or failure to
exercise, proper or ordinary care.
2. Breach of Warranty - failure of a seller to fulfill the terms of a promise, claim, or
representation.
3. Misrepresentation - false security about the safety of a particular product.
4. Defamation - an untruth about another which untruth will harm the reputation of the
person defamed (wrtten defamation is libel; oral defamation is slander).
5. Strict tort liability - extending the responsibility of the vendor or manufacturer to all
individuals who might be injured by the product.
✔✔What does article 5 of the FTC Act declare unlawful? - ✔✔unfair or deceptive acts or
practices in or affecting commerce.
✔✔What is Children's Online Privacy Protection Act of 1998 (COPPA)? - ✔✔1.
Regulates collection and use of children's information by commercial website operators.
2. Compels website owners to adhere to specific notice and choice practices.
3. Applies to websites and services targeted to children under 13.
, ✔✔Who handles the enforcement of COPPA? - ✔✔FTC
✔✔Who handles the enforcement of CAN-SPAM? - ✔✔FTC
✔✔What does the FTC consider a deceptive practice? - ✔✔Saying one thing and
completely going against it
✔✔What does the FTC consider an unfair practice? - ✔✔When reasonable practice are
not being followed
✔✔What does the "Consumer Privacy Bill of Rights" emphasize? - ✔✔1. Privacy by
Design
2. Simplified choice
3. Transparency
✔✔What does the "Consumer Privacy Bill of Rights" prioritize? - ✔✔1. Do not track
2. Mobile
3. Large platform providers
4. Enforceable self-regulation
✔✔What are the three goals of APEC Cross-border Privacy Enforcement Arrangement
(CPEA) - ✔✔1. Facilitate information sharing
2. Promote effective cross-border cooperation
3. Encourage information sharing and investigative/enforcement cooperation
✔✔What are the three components of self-regulatory enforcement? - ✔✔1. Legislation -
Who determines the rules?
2. Enforcement - Who initiates actions?
3. Ajudication - Who decides if something is in violation?
✔✔What does HIPAA require? - ✔✔Covered entities to protect health information that is
transmitted or maintained in any form or medium
✔✔List the three HIPAA covered entities - ✔✔1. Healthcare providers that conduct
transactions in electronic form
2. Health insurers
3. Health clearinghouses
✔✔Does HIPAA preempt stronger state laws? - ✔✔No
✔✔Who enforces HIPAA? - ✔✔The U.S. Department of Health & Human Services
(HHS)