Chapter 11 Special Topics in Online
Privacy
Social Networking Sites - ANS-Web based services that allow individuals to:
1. Construct a public or semi public profile within a bounded system.
2. Articulate a list of other users with whom they share a connection;
3. View and traverse their list of connections and those made by others within the system.
Privacy Issues w/ SM: Miller Case - ANS-The 4th amendment does not prohibit the obtaining of
information revealed to a 3rd party even if given to the 3rd party in confidence
individuals have no reasonable expectation of privacy under the 4th Amendment when they
disclose information to a 3rd party.
Individuals have a right to keep information private, but once they share it with others, privacy
rights end.
Internet Search Queries - ANS-Internet search queries can contain very sensitive and personal
information (e.g. medical information, social security number
Cybersecurity Informations Sharing Act (CISA)
PROPOSED - ANS-Session of the US Senate voted 74 to 21 to pass a version of CISA that
roughly mirrors legislation passed in the House earlier this year, paving the way for some
combined version of the security bill to become law.
CISA is designed to stem the rising tide of corporate data breaches by allowing companies to
share cyber security threat data with the Department of Homeland Security, who could then
pass it on to other agencies like the FBI and NSA, who would in theory use it to defend the
target company and others facing similar attacks.
That landslide vote was no doubt fueled in part by a year of massive hacks that hit targets
including the health insurer Anthem, Sony, and the Office of Personal Management.
CISA has not yet been acted on by the House, and is not law
federal and state laws govern online advertising and marketing - ANS-Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) and
the Federal Trade Commission Act (FTC Act).
, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act): -
ANS-A federal law establishing civil and criminal liability for unsolicited commercial e-mail
Has Criminal provisions are for sending sexually explicit email that fails to include a label
designating it as sexually explicit. However only the FTC, and certain other state and fed.
Agencies have standing to sue!!
Also on the civil side, cannot have misleading subject headings... (so spam is not stopped....you
just know that it is spam
- preempts most state anti-spam statutes and also removed private rights of action granted in
state anti-spam statutes..
• the Ninth Circuit's landmark decision in Gordon limits the ability of private plaintiffs to bring a
private action under the CAN-SPAM
CAN-SPAM Act Remedies - ANS-Statutory damages of up to $100 per violating message and
$1,000,000 in aggregate along with reasonable costs....including reasonable Attorneys' Fees.
• The Act also allows for treble damages, or 3x the amount otherwise available, for aggregated
or willful violations.
• Criminal penalties also available - individual found guilty of fraud or other intentionally
deceptive violations could be sentenced up to 5 years in prison
• FTC can bring enforcement actions against companies that violate CANSPAM
Standing - ANS-A party's right to make a legal claim or seek judicial enforcement of a duty or
right.
Federal Trade Commission Act - ANS-A federal law that prohibits unfair or deceptive acts or
practices in the marketplace, including Internet advertising
- Adware
- Phishing
Adware - ANS-any software application that displays advertising banners while the program is
running
- Zango Inc. paid 3 million $ to settle claim that in downloading their free software results in the
installation of adware as being deceptive
Phishing - ANS-the sending of a fraudulent electronic communication that appears to be a
genuine message from a legitimate entity or business for the purpose of inducing the recipient
to disclose sensitive personal information
Privacy
Social Networking Sites - ANS-Web based services that allow individuals to:
1. Construct a public or semi public profile within a bounded system.
2. Articulate a list of other users with whom they share a connection;
3. View and traverse their list of connections and those made by others within the system.
Privacy Issues w/ SM: Miller Case - ANS-The 4th amendment does not prohibit the obtaining of
information revealed to a 3rd party even if given to the 3rd party in confidence
individuals have no reasonable expectation of privacy under the 4th Amendment when they
disclose information to a 3rd party.
Individuals have a right to keep information private, but once they share it with others, privacy
rights end.
Internet Search Queries - ANS-Internet search queries can contain very sensitive and personal
information (e.g. medical information, social security number
Cybersecurity Informations Sharing Act (CISA)
PROPOSED - ANS-Session of the US Senate voted 74 to 21 to pass a version of CISA that
roughly mirrors legislation passed in the House earlier this year, paving the way for some
combined version of the security bill to become law.
CISA is designed to stem the rising tide of corporate data breaches by allowing companies to
share cyber security threat data with the Department of Homeland Security, who could then
pass it on to other agencies like the FBI and NSA, who would in theory use it to defend the
target company and others facing similar attacks.
That landslide vote was no doubt fueled in part by a year of massive hacks that hit targets
including the health insurer Anthem, Sony, and the Office of Personal Management.
CISA has not yet been acted on by the House, and is not law
federal and state laws govern online advertising and marketing - ANS-Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) and
the Federal Trade Commission Act (FTC Act).
, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act): -
ANS-A federal law establishing civil and criminal liability for unsolicited commercial e-mail
Has Criminal provisions are for sending sexually explicit email that fails to include a label
designating it as sexually explicit. However only the FTC, and certain other state and fed.
Agencies have standing to sue!!
Also on the civil side, cannot have misleading subject headings... (so spam is not stopped....you
just know that it is spam
- preempts most state anti-spam statutes and also removed private rights of action granted in
state anti-spam statutes..
• the Ninth Circuit's landmark decision in Gordon limits the ability of private plaintiffs to bring a
private action under the CAN-SPAM
CAN-SPAM Act Remedies - ANS-Statutory damages of up to $100 per violating message and
$1,000,000 in aggregate along with reasonable costs....including reasonable Attorneys' Fees.
• The Act also allows for treble damages, or 3x the amount otherwise available, for aggregated
or willful violations.
• Criminal penalties also available - individual found guilty of fraud or other intentionally
deceptive violations could be sentenced up to 5 years in prison
• FTC can bring enforcement actions against companies that violate CANSPAM
Standing - ANS-A party's right to make a legal claim or seek judicial enforcement of a duty or
right.
Federal Trade Commission Act - ANS-A federal law that prohibits unfair or deceptive acts or
practices in the marketplace, including Internet advertising
- Adware
- Phishing
Adware - ANS-any software application that displays advertising banners while the program is
running
- Zango Inc. paid 3 million $ to settle claim that in downloading their free software results in the
installation of adware as being deceptive
Phishing - ANS-the sending of a fraudulent electronic communication that appears to be a
genuine message from a legitimate entity or business for the purpose of inducing the recipient
to disclose sensitive personal information
