Information Privacy Law
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Questions and Answers

What does Section 230 of the Communications Decency Act clarify regarding online platforms?

  • They shall not be treated as publishers or speakers of content provided by others. (correct)
  • They can be treated as publishers for moderated content.
  • They are always liable for user-generated content.
  • They must remove all content that is deemed inappropriate.

    • Internet service providers (ISPs) are liable as publishers for the content they transmit.

    False

    What was the main outcome of Stratton Oakmont, Inc. v. Prodigy?

    Prodigy was held liable for defamatory statements because it moderated content.

    A _____ is someone who distributes, transmits, or broadcasts material and can be held liable if they knew or had reason to know about defamatory content.

    <p>distributor</p> Signup and view all the answers

    Match the following roles with their corresponding standards of liability:

    <p>Publisher = Higher standard than negligent Distributor = Knew or had reason to know Disseminator = Negligence Provider = Not treated as publisher or speaker</p> Signup and view all the answers

    Which amendment is primarily concerned with privacy protection against unreasonable searches?

    <p>Fourth Amendment</p> Signup and view all the answers

    The Fourth Amendment includes provisions for warrantless searches in all circumstances.

    <p>False</p> Signup and view all the answers

    What is the primary focus of the 'Intrusion Upon Seclusion' section?

    <p>Protecting individuals from invasive actions that intrude upon their private spaces or activities.</p> Signup and view all the answers

    The legal concept of __________ allows the government to gather information about individuals engaged in First Amendment activities.

    <p>surveillance</p> Signup and view all the answers

    Match the following legal concepts with their definitions:

    <p>Defamation = False statements that damage someone's reputation False Light = Portraying someone in a misleading way Infliction of Emotional Distress = Causing severe emotional trauma through extreme behavior Appropriation = Using someone's name or likeness for commercial gain without permission</p> Signup and view all the answers

    Which of the following is a legal limitation on First Amendment rights regarding privacy?

    <p>Disclosure of truthful information</p> Signup and view all the answers

    Privacy laws apply equally to digital and physical spaces.

    <p>True</p> Signup and view all the answers

    What test is used to determine reasonable expectation of privacy?

    <p>The Reasonable Expectation Privacy Test</p> Signup and view all the answers

    What degree of protection does the First Amendment provide to speech that discloses the contents of an illegally intercepted communication?

    <p>Protection, unless the government interest is legitimate</p> Signup and view all the answers

    Abusive speech can be restricted without proof of subjective intent on the part of the defendant.

    <p>False</p> Signup and view all the answers

    What are the four elements of defamation?

    <ol> <li>False and defamatory statement, 2) Unprivileged publication to a third party, 3) Fault amounting to at least negligence, 4) Actionability of the statement.</li> </ol> Signup and view all the answers

    Defamation must include a _____ statement concerning another person.

    <p>false and defamatory</p> Signup and view all the answers

    Match the following terms with their definitions.

    <p>Defamation = Tends to cause harm to the reputation of another Libel = Written defamatory statements Slander = Spoken defamatory statements Publication = Communicated intentionally or negligently to a third party</p> Signup and view all the answers

    Which type of defamation does NOT require the plaintiff to show special harm?

    <p>Libel</p> Signup and view all the answers

    Under the Communications Decency Act § 230, platforms are liable for defamatory statements published by their users.

    <p>False</p> Signup and view all the answers

    What must a plaintiff show in cases of slander?

    <p>Actual pecuniary harm, unless it is slander per se.</p> Signup and view all the answers

    A statement that is published but not necessarily public is considered a _____ statement.

    <p>defamatory</p> Signup and view all the answers

    Which of the following best describes 'slander'?

    <p>Spoken defamatory statements requiring proof of actual harm</p> Signup and view all the answers

    What does CALEA require telecommunications providers to do?

    <p>Isolate and intercept electronic communications</p> Signup and view all the answers

    The exclusionary rule applies to stored communications under the Wiretap Act.

    <p>False</p> Signup and view all the answers

    What is the purpose of a sneak and peek warrant?

    <p>To search without immediate notice, usually in national security cases.</p> Signup and view all the answers

    The __________ Act provides additional protections over a normal warrant through a court order.

    <p>Wiretap</p> Signup and view all the answers

    In the case of Firestone v. Firestone, what was concluded about a person's involvement in a divorce case?

    <p>It does not make someone a public figure.</p> Signup and view all the answers

    Match the terms with their correct descriptions:

    <p>CALEA = Easier access to data for law enforcement US PATRIOT ACT = Expanded definitions and sneak and peek warrants Wiretap Act = Protection for wire and oral communications Electronic Communication = Transient electronic storage inherent to communication</p> Signup and view all the answers

    Mary Alice Firestone was concluded to be a public figure in her court case.

    <p>False</p> Signup and view all the answers

    Which of the following is NOT a type of communication covered by the exclusionary rule?

    <p>Electronic communications</p> Signup and view all the answers

    One has a reasonable expectation of privacy (REoP) to their email.

    <p>True</p> Signup and view all the answers

    What is the name of the case that established the 3 Prong Public Figure Test?

    <p>Atlanta Journal-Constitution v. Jewell</p> Signup and view all the answers

    What can result from government disclosure of information according to the US PATRIOT Act?

    <p>Private right of action</p> Signup and view all the answers

    Jewell was considered a limited purpose public figure because he had ________ influence in a public controversy.

    <p>voluntarily assumed</p> Signup and view all the answers

    What does the term 'actual malice' refer to?

    <p>The intention to harm a public figure.</p> Signup and view all the answers

    In false light claims, emotional distress needs to include reputational harm.

    <p>False</p> Signup and view all the answers

    What are the two key elements essential for a false light claim?

    <p>False light and the actor's knowledge or reckless disregard.</p> Signup and view all the answers

    For private figures seeking punitive damages, ________ applies.

    <p>actual malice</p> Signup and view all the answers

    Match the following types of claims to their required conditions:

    <p>Defamation = Negligence for private figures False Light = Knowledge or reckless disregard of the falsity Public Figure = Actual malice Private Figure = Compensation for negligence</p> Signup and view all the answers

    What key aspect differentiates false light from public disclosure of private facts?

    <p>False light has more publicity than public disclosure.</p> Signup and view all the answers

    In Andrus (10th Cir. 2007), which type of authority was considered sufficient for the police to search the computer?

    <p>Apparent authority</p> Signup and view all the answers

    Apparent authority requires the police to have actual knowledge of a third party's consent.

    <p>False</p> Signup and view all the answers

    What did the dissent in the Andrus case argue law enforcement should have done?

    <p>Inquire about password protection</p> Signup and view all the answers

    The case Microsoft v. US concluded that foreign data cannot be imported through a _____ warrant.

    <p>SCA</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Voluntary consent = An established exception to the warrant requirement Actual authority = Joint access or control of property Apparent authority = Officer's reasonable belief in consent validity Comity = Respect for foreign sovereign interests</p> Signup and view all the answers

    Why did the court rule against the government's argument in Microsoft v. US regarding control over data?

    <p>Data location affected access rights.</p> Signup and view all the answers

    The court in Microsoft v. US allowed the government to access data located in Ireland under an SCA warrant.

    <p>False</p> Signup and view all the answers

    What does an officer’s reasonable belief standard refer to in the context of apparent authority?

    <p>An officer's belief that a third party has the authority to consent to a search, even if that belief is incorrect.</p> Signup and view all the answers

    Study Notes

    Table of Contents

    • Overview
    • Privacy & the Media
      • Information Gathering
        • Intrusion Upon Seclusion
        • Disclosure of Truthful Information
          • Public disclosure of private facts
          • First Amendment Limitations
      • Dissemination of False Information
        • Defamation
          • Special Harm
          • False Light
          • Infliction of Emotional Distress (IIED)
    • Privacy & Law Enforcement / Public Law
      • 4th Amendment
        • Fourth Amendment Analysis
          • Wiretapping, Bugging, and Beyond
            • Third-Party Doctrine
            • Item abandoned or exposed to the public
            • Surveillance and the Use of Sense Enhancement Technology
        • Federal Electronic Surveillance Law
          • Digital Searches & Seizures / Electronics
            • Searching Computers and Electronic Devices
            • Information Gathering About First Amendment Activities
          • Encryption
          • Video Surveillance
          • Email and Online Communications
          • ISP Account Information
          • IP Addresses, URLs, & Internet Searches
    • National Security and Foreign Intelligence
      • The Intelligence Community
      • Fourth Amendment Framework
      • Foreign Intelligence Gathering
      • NSA Surveillance
    • Consumer Data
      • Consumer Data Privacy Regulation
    • Dissemination of False Information
      • Defamation
        • Elements
        • Definitions
          • Special Harm
          • Publication
          • Libel
          • Slander
    • False Light
      • Elements
    • Infliction of Emotional Distress (IIED)
      • Elements
    • Appropriation of Name or Likeness
      • Elements
    • Communications Decency Act (CDA) § 230 - Liability shield
    • First Amendment Limitations
    • Federal Electronic Surveillance Law
    • Digital Searches & Seizures / Electronics
    • National Security and Foreign Intelligence
    • Content-Based Speech
    • Content-Neutral Speech
    • Standing & Civil Liability
    • Medical Privacy
      • Confidentiality of Medical Information
        • Jaffee v Redmond
        • McCormick v England
      • Exceptions to Confidentiality
      • Failure to Disclose Patient Information
        • Tarasoff v Regents
    • Decisional Privacy
    • Data Security
    • Educational Privacy
      • General Searches

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    Related Documents

    Information Privacy Outline Fall 2024 PDF

    Description

    Test your knowledge on key concepts of privacy in the media law, including Section 230 of the Communications Decency Act and the Fourth Amendment's privacy provisions. This quiz covers important legal cases, standards of liability, and definitions related to online platforms and First Amendment rights. Perfect for students in law studies.

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