Question 1(TCOs A, B) The FTC considers e-commerce just the same as traditional brick-and-mortar businesses. Describe what the FTC requires regarding claims made by websites.
Question 2 (TCO C) The Communications Decency Act (CDA) of 1996 had a significant impact on the liability of ISPs in its provisions regarding defamation. Detail the act and its impact on state defamation laws.
Question 3(TCO D) “Teachers ‘R Us” is a registered trademark and a registered domain name (“teachersrus.com”). This website provides general information about a number of subjects and is primarily targeted to middle school–age children. The teachers from the local middle school decide to design and maintain their own website. Their website will provide information specific to their school as well as general tips on homework, class assignments, and similar items. The domain name that they have chosen is “mteachersrus.com.” If the owner of the Teachers ‘R Us domain name would like to prevent this competitor from operating, what would be best cause of action for the owner to pursue? What would be the probable outcome of this lawsuit?
Question 4(TCO E) You have hired a new salaried employee to develop security protocols for your company. The employee is very ambitious. You are concerned that his plans are to collect a salary from you until he develops something he views as commercially viable, then quit and attempt to market the protocols you have paid him to develop.
i. What steps can you take to protect yourself and your company? (18 points)
ii. What specific contractual language is most likely to protect your company against employee disclosures or theft of confidential information? (18 points)
Question 5 (TCO F) Most websites contain privacy statements. What are the advantages of privacy statements to the owners of websites? Include in your answer considerations related to choice of law, customer expectations relating to privacy, and fair information practices.
Question 6 (TCOs D, G) Jim is a consultant; small businesses hire him to advise them on their computer needs. Recently, he was hired by a company interested in upgrading its hardware and software to manage customer relations. Jim has been hired to evaluate proposals. Jim concludes that the best alternative is from Customers-R-Us, and he explains why he recommended Customers-R-Us in his report. But Jim fails to mention that he is a silent partner (co-owner) in Customers-R-Us.
i. Did Jim act unethically? Why or why not? (10 points)
ii. Should he have disclosed his ties to Customers-R-Us? Why or why not? (10 points)
iii. Should Jim have declined the consulting job once he learned that Customers-R-Us was going to make a bid? Why or why not? (10 points)
iv. What guidance can you get from any relevant published professional ethics codes? (5 points)
Question 7 (TCO H) Cybermedicine is a very complicated area of e-commerce. It poses some very difficult legal issues as two industries interface over the Internet. Discuss and substantiate your understanding of the issues currently being faced by cyber medicine providers. What are the major concerns?