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The U.S. Constitution establishes what What establishes the three branches of
three branches of government? the U.S. Government?
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What is the legislative branch's What does the legislative branch do?
make-up?
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What are the duties of the executive Who makes up the executive branch?
branch?
1-b
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What can the executive branch do? What can the judicial branch do?
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What is the judicial branch? What two parts make up the U.S.
Congress?
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What can Congress do when enacting What laws has Congress enacted
legislation? involving the FTC?
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Definition: Definition:
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Congress has enacted several laws Congress can delegate the power to
that give the U.S. Federal Trade promulgate regulations to federal
Commission the authority to issue agencies (such as the FTC).
regulations to implement the laws.
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What are the lowest courts called in Cases decided by a district court can
the federal court system (judicial be referred to what?
branch)?
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What do federal circuit courts do? The federal appeals courts are divided
into how many circuits?
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What are the other federal courts What is the top court in the judicial
called? branch?
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What are the sources of law in the What is the supreme law in the U.S.?
U.S.?
3-b
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12 regional circuits; each district They are not trial courts; they serve as
court is assigned to a appeals court appeals courts for federal cases.
which decides the appeals for that
circuit.
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The U.S. Supreme Court. Special courts include the U.S. Court
of Federal Claims and the U.S. Tax
Court.
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When they are given authority by Hears appeals from the circuit courts
Congress to promulgate and enforce and decides questions of federal law;
rules pursuant to law. This means also interprets the U.S. Constitution.
they operate under statutes that give May also hear appeals from the
them legislative power to issue rules, highest state courts or function as a
executive power to investigate and trial court in rare instances.
enforce violations of rules/statutes,
and judicial power to settle particular
disputes.
Definition:
Definition:
The Constitution.
4-a
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What does the U.S. Constitution say When do states have the power to
about laws under the Constitution? make laws?
4-b
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The S.C. has held that a person has a The Fourth Amendment limits on
right to privacy over personal issues government searches.
such as contraception and abortion,
arising from more general protections
of due process of law.
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Which Amendment to the Constitution What is one area of law where states
states "the powers not delegated to the may pass privacy/other laws with
United States by the Constitution, nor stricter requirements than federal
prohibited by it to the States, are law?
reserved to the States respectively, or
to the people."?
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Aside from the ability to make and What are two key areas of the common
enforce laws and regs, what does the law?
U.S. legal system rely on?
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What regulatory agencies are required What do rules and regulations passed
by law to issue regulations and rules by regulatory agencies do?
5-b
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In what year was the CAN-SPAM Act Which entity passed the CAN-SPAM
passed? Act?
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Case law refers to the final decisions It provides the FTC and the FCC with
made by judges in court cases. the authority to issue regulations that
set forth exactly how the opt-out
mechanism must be offered and
managed.
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Common law refers to legal principles When similar issues arise in the
that have developed over time in future, judges look to past decisions as
judicial decisions (case law), often precedents and decide the new case in
drawing on social customs and a manner consistent with past
expectations. decisions.
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How do precedents handle the passing What are common law's rules in
of time? regards to privacy?
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Does a consent decree typically admit How are the courts involved in a
guilt or wrongdoing? consent decree?
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What does a consent decree What are the contents of the consent
accomplish? decree?
7-b
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How much power does a consent In what area has the FTC entered into
decree hold? numerous consent decrees with
companies as a result of alleged
violations of privacy laws.
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Definition: Definition:
COPPA has allowed for several Once approved, the consent decree
consent decrees, which require has the effect of a court decision.
violators to pay money to the
government and agree not to violate
the relevant law in the future.
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They do not carry the weight of law, 1. promulgate rules and enforce them;
but do give specific guidance to 2. provide guidance in the form of
interested parties trying to interpret opinions.
agency rules and regulations.
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What ends the original offer? What actions must be taken with an
offer for it to qualify to form a
contract?
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The acceptance must comply with the The assent or agreement by the person
terms of the offer and must be to whom the offer was made that the
communicated to the person who offer is accepted.
proposed the deal.
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What are the goals of tort law? What are the three tort categories?
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Causing a car accident by not obeying These occur when the defendant's
traffic rules or not having appropriate actions were unreasonably unsafe.
security controls.
11-a
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When did the concept of a personal What are some current privacy torts?
privacy tort enter U.S. jurisprudence?
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What is a defense to some of the What are some other, more recent,
traditional privacy torts? privacy-related torts considered by
courts?
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Product liability torts (concern These are wrongs that don't depend on
potential liability for making and the degree of carelessness by the
selling defective products without the defendant, but are established when a
need for the plaintiff to show particular action causes damage.
negligence by the defendant).
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What two areas of the case must the What is subject matter jurisdiction?
court have jurisdiction over?
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What are the two purposes of a What does the typical notice contain?
notice?
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True/false: U.S. privacy laws have Who can legally enforce the promises
additional notice requirements. made in a company's privacy notice?
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What are two other names for privacy Define Privacy Policy.
notices?
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a choice can be implied by the failure A person opts in if he says yes when
of the person to object to the use or asked, "May we share your
disclosure. information?" Failure to answer
would result in the information not
being shared.
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What do U.S. laws often require At the federal level, which agencies
around access? engage in regulatory activities
concerning the private sector?
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What role does the Department of What authority does the FTC have re:
Commerce play in privacy? privacy in the private sector?
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On what basis are state privacy What role does the State Attorney
enforcement actions brought? General serve?
15-b
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FTC, federal banking regulatory They often provide for access and
agencies (Consumer Financial correction when the information is
Protection Bureau, Federal Reserve, used for any type of substantive
Office of the Comptroller of the decision making, such as for credit
Currency), the FCC, DOT, Dept. of reports.
Health and Human Services through
its Office for Civil Rights.
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Serves as the chief legal advisor to the pursuant to state laws prohibiting
state government and as the state's unfair and deceptive practices.
chief law enforcement officer
16-a
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What six questions are necessary to What are some reasons for knowing a
understand a law, statute, or law's scope when you don't have to
regulation? follow it?
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Give an example of a time when the In which state was the first security
costs of compliance with a law might breach notification law enacted?
exceed the risks of noncompliance for
a period of time.
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What does the CA law regulate? To whom does the CA law apply?
16-b
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1. the law may suggest good practices 1. Who is covered by this law?
that you want to emulate 2. What types of information (and
2. it may provide an indication of legal what uses of information) are
trends covered?
3. i may provide a proven way to 3. What exactly is required or
achieve a particular results (i.e. prohibited?
protecting individuals in a given 4. Who enforces the law?
situation) 5. What happens if I don't comply?
6. Why does this law exist?
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What does the CA Data Breach Define "breach of the security of the
Notification law require or prohibit? system".
17-b
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True. True.
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How must disclosure be carried out? What is the exception to the CA law?
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True/false: the law provides for a What happens if one doesn't comply
private cause of action. with the CA law?
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There is an exception for the good The disclosure must be made "in as
faith acquisition of PI by an employee expedient a manner as possible."
or agent of the business, provided the
PI is not used or subject to further
unauthorized disclosure.
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True/False: The FTC's decisions are What authority does the FTC have?
under the president's control.
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What are some of the ways that the Are there other federal agencies
FTC has played a prominent role in involved in privacy enforcement?
the development of US privacy
standards?
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Yes, although the FTC plays a leading The FTC conducts public workshops
role. on privacy issues, and reports on
privacy policy and enforcement.
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What are administrative enforcement Where are the rules found for agency
actions? enforcement actions in the federal
government?
20-b
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Yes, and this allows an individual A plaintiff might sue for invasion of
plaintiff to sue based on violations of privacy where defendant
the statute. surreptitiously took pictures in a
changing room and broadcast the
pictures to the public.
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Criminal lit involves lawsuits brought It has a private right of action, which
by the government for violations of allows a person to sue a company if
criminal laws. his consumer reports have been used
inappropriately.
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the Administrative Procedure Act These are carried out pursuant to the
(APA). statutes that create and empower an
agency, such as the FTC.
21-a
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What does the APA contain? What is the appeals process for
agency enforcement actions?
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True/false: A federal agency may sue Which agencies are responsible for
a party in federal court, with the medical privacy?
agency as the plaintiff in a civil action.
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Federal agency adjudications can The APA sets forth basic rules for
generally be appealed to federal court. adjudication within an agency, where
court-like hearings may take place
before an administrative law judge.
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Which agency plays a leading role in Which federal department has been
federal privacy policy development increasingly active in privacy,
and administers the Safe Harbor negotiating internationally on privacy
agreement between the US and EU? issues with other
countries/multinational groups such
as the UN and OECD?
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Which agency is responsible for What is the name of the lead agency
transportation companies under its for interpreting the Privacy Act of
jurisdiction and for enforcing 1974?
violations of Safe Harbor agreement
between US and EU?
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What are some of the other functions To which agencies does the Privacy
of the OMB? Act of 1974 apply?
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federal agencies and private sector OMB also issues guidance to agencies
contractors to those agencies. and contractors on privacy and
information security issues, such as
data breach disclosure and privacy
impact assessments.
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What are some of the privacy issues What agencies are affected by the
faced by the Department of Homeland increasing development of smart grid?
Security?
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What is the sole federal agency to Name one statue that provides for both
bring criminal enforcement actions civil and criminal enforcement
which can results in imprisonment or
criminal fines?
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Where a statute provides for both civil When was the FTC founded?
and criminal enforcement, how is
jurisdiction apportioned?
23-b
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For what purpose was the FTC What changes to the FTC mission
founded? were affected in 1938?
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True/False: today, the FTC focuses on True/false: Today's FTC does not
both antitrust law enforcement, and include privacy and computer security
consumer protection issues as an important part of its work.
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What does it mean that the FTC is an What is the single most important
"independent" agency? piece of US privacy law?
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What does Section 5 of the FTC Act Does FTC Act Section 5 say anything
state: specifically about privacy or
information security?
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a statutory change caused the FTC FTC was founded to enforce antitrust
mission to shift to a consumer laws.
protection focus.
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False True.
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When did the FTC begin bringing Name the ways in which Congress
privacy enforcement cases under its added privacy-related responsibilities
powers to address unfair and to the FTC over time.
deceptive practices?
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What does Section 6 of the FTC Act To what does the FTC Act Section 5
do? apply and not apply?
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What other issues does the FTC retain Until the creation of which agency did
authority over? the FTC issue rules and guidance for
the Fair Credit Reporting act and
Gramm-Leach-Bliley Act?
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What amended the Fair Credit What authorities does the CFPB hold?
Reporting Act?
25-b
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Authority to issues rules and guidance The Fair and Accurate Credit
for the FCRA and GLBA, and shares Transactions Act of 2003.
enforcement authority with the FTC
for financial institutions that are not
covered by a separate financial
regulator.
26-a
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Who is the rule-making and With which agency does the FTC
enforcement agency for COPPA? share rule-making and enforcement
power under the Telemarketing Sales
Rule and the CAN-SPAM Act?
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Because the FTC's regulations re: True / false: as of recently, the FTC
unfair and deceptive acts are not has not put forth any privacy or
promulgated under the usual information security regulation under
procedures of the Administrative its Magnuson-Moss authority.
Procedure Act, describe how they are
handled?
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In what ways can the enforcement What options might the FTC exercise
action be brought to the FTC's if the complaint is minor?
attention?
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In what situations will the FTC What are some actions allowed under
proceed to full enforcement? the FTC's broad investigative
authority?
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What may the commission do after an What happens after the commission
investigation? issues a complaint?
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Can the Administrative Law Judge's Can the decision of the five
opinion be appealed? commissioners on appeal be
appealed?
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When does an order by the True/False: The FTC can assess civil
commission become final? penalties.
27-b
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FTC may work with the company to 1. press reports covering the
resolve the problem without launching questionable practices
a formal investigation. 2. complaints from consumer groups
of competitors
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Yes, it can be appealed to the federal Yes, it can be appealed to the five
district court. commissioners.
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What can the FTC do if its ruling is True/False: Each violation of such an
ignored? order is treated as a separate offense.
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True/False: Each day the violator fails What can the court do if consumers
to comply with the order is considered are harmed by the act or practice?
a separate offense.
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What can the details of these consent Once an individual or company has
decrees be used to do? agreed to a consent decree, what can
violations of that decree lead to?
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What can the federal court grant? Which FTC division monitors and
litigates violates of consent decrees in
cooperation with the Department of
Justice?
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True/false: Consent decree terms vary What does the consent decree usually
depending on the violation. state?
Term: Term:
What does the consent decree require Can FTC respondents face civil
of the respondent? penalties for noncompliance with a
consent decree?
29-b
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What do the company and FTC have Why would the company have
incentive to do? incentives to negotiate?
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Why would the FTC have incentives to What methods were used before the
negotiate? FTC began to use consent decrees in
privacy cases?
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What does the FTC investigate when a What was the first FTC Internet
company posts a privacy notice? privacy enforcement action?
31-b
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What are the facts of the GeoCities What was the basis of the GeoCities
case? action brought by the FTC?
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What was the outcome of the When did FTC bring an action against
GeoCities action? Eli Lilly & Co?
32-b
Definition: Definition:
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What are the facts of Eli Lilly & Co What was the basis of the enforcement
case? action against Eli Lilly by the FTC?
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Before the Eli Lilly case, what had the When did the FTC bring an
FTC required of companies? enforcement action against Microsoft
Corp?
33-b
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What was the basis of the FTC action What are the facts of the Microsoft
against Microsoft? action?
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How did the Microsoft action resolve? What is the focus of early privacy and
security enforcement actions?
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What did the FTC add to its Where is the scope of the term
enforcement scope in 2004? "unfairness" clarified?
34-b
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What three things are required for an What was the first instance of the FTC
injury to be considered "unfair"? basing an enforcement action on a
company's material change to its
PI-handling practices, as well as the
first privacy case based on
unfairness?
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What are the facts of Gateway? What was the outcome of the Gateway
case?
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In what 2005 enforcement action did What security flaws caused the
the FTC allege that a company did not enforcement action against BJ's?
engage in reasonable security
practices to protect the personal and
financial information of its
consumers?
35-b
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The complaint stated that BJ's failed In the Matter of BJ's Wholesale Club,
to encrypt the information and failed Inc.
to secure wireless networks to prevent
unauthorized access, among other
security lapses.
36-a
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What are the facts of the BJ's case? What was the outcome of the BJ's
case?
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What did BJ's establish for all future True/false: More recent actions
FTC enforcement case scopes? indicate the FTC's willingness to
impose stringent information-handling
practices.
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What were the charges in the FTC's What are the facts of the Google case?
2010 case against Google?
36-b
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In the settlement, the consent decree The security flaws caused substantial
required BJ's to implement a injury to consumers and resulted in
comprehensive inofsec program, almost eight hundred cases of
including regular audits. This was the customer identity theft.
first time the FTC alleged only unfair,
and not deceptive, practices for the
basis of a privacy or infosec case.
Definition: Definition:
True. In addition to consent decrees FTC established its view that failing to
with Google and Facebook, in 2010 implement basic security controls to
Twitter entered a consent decree protect consumer info alone
promising to protect privacy and constitutes an enforceable unfair trade
security and to implement a practice, without any need for the FTC
comprehensive security program to allege deception. Even without
subject to outside audit. heightened security requirements
under sector-specific statutes (HIPAA,
COPPA, GLBA), companies not face
potential enforcement action based on
the FTC's Section 5 unfairness
authority.
Definition: Definition:
Google Buzz was a social networking The charges were that Google
service integrated with Google's engaged in deceptive trade practices
e-mail service, Gmail. When it and violated its own privacy policies
launched, consumers were with the launch of its Google Buzz
automatically enrolled in Buzz social networking service.
services without having to provide
consent. Buzz also exposed PI
harvested from Gmail to the public
without making this clear to users.
These actions conflicted without
Google's privacy notice on tis site.
37-a
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What were the FTC assertions in their Name one reason the Google
charges? settlement was noteworthy.
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Name a second reason the Google When did the FTC settle an
settlement was noteworthy. enforcement action for deceptive
practices with Facebook?
37-b
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This consent decree was the first in FTC alleged that automatic
which a company agreed to implement enrollment without prior notice and
a "comprehensive privacy program." explicit consent was a deceptive trade
As of 2012, it was not clear what exact practice. It also asserted that Google
elements a "comprehensive" program was in violation of the US-EU Safe
should contain. However the term Harbor Framework, which provides a
"comprehensive" seems to signal that method for US companies to transfer
the FTC believes privacy should be personal data from the EU to the US
thoroughly integrated with product in compliacne with UE Data
development and implementation. To protection requirements.
enforce, Google agreed to undergo
independent third-party privacy audits
on a biannual basis.
Definition: Definition:
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What did the FTC's 8-count complaint What did the FB settlement require?
allege, among other things, against
Facebook?
Term: Term:
What does the FB case indicate? In what year did the Obama
administration issue a report titled
"Consumer Data Privacy in a
Networked World: A Framework for
Protecting Privacy and Promoting
Innovation in the Global Digital
Economy"
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What report did the FTC issue that, What was the FTC's primary method
together with the Obama framework, of enforcement used in the late 1990s?
illustrates the evolution from earlier
methods of privacy enforcement to
current approaches?
38-b
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What enforcement method was When did the FTC begin to include the
adopted by Chairmen Muris and requirement of a comprehensive
Majoris in the mid-2000s? privacy program in consent decrees?
Term: Term:
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Definition: Definition:
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Consumers have a right to access and Consumers have a right to secure and
correct personal data in usable responsible handling of personal data.
formats, in a manner that is
appropriate to the sensitivity of the
data and the risk of adverse
consequences to consumers if the data
is inaccurate.
40-a
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What does the Obama report What 3 areas does the FTC emphasize
recommend re: these 7 rights? as themes?
Term: Term:
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Definition: Definition:
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Definition:
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What are the FTC's five priority areas What does "do not track" encompass?
for attention?
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Each state has a law roughly similar The FTC is examining special issues
to Section 5 of the FTC Act, commonly raised by very large online companies
known as Unfair and Deceptive Acts that may do what the FTC calls
and Practices (or UDAP) statutes. "comprehensive" tracking.
Definition: Definition:
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What do some federal statutes, such as What has driven the recent
CAN-SPAM, allow state attorneys prominence of state enforcement of
general to do? info sec lapses?
Term: Term:
What has happened since CA passed States have other specialized statues
the first breach notification law in protecting privacy in what other
2002? sectors?
Term: Term:
Definition: Definition:
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False. Plaintiffs can sue under the State public utilities commissions have
privacy torts, which traditionally have started to set rules for PI collected in
been categorized as intrusion upon connection with the smart grid.
seclusion, appropriation of name or
likeness, publicity given to private life
and publicity placing a person in a
false light. Plaintiffs may also sue
under a contract theory in some
situations.
43-a
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What is the DAA and how does it's True/false: The future of the DAA's
icon program serve as a self-regulatory program is closely
self-regulatory effort? linked to ongoing policy debates about
whether and how a Do Not Track
program will be instituted.
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Is the US moving closer to the EU Name one trend and one example of
model of external regulation or closer cross-border enforcement.
to the self-regulatory model?
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Definition: Definition:
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The US generally permits a greater When the privacy laws in one country
range of discovery in litigation than prohibit disclosure of information, but
EU courts, with a party to the laws in a different country compel
litigation in the US potentially facing disclosure.
fines or contempt of court if it does
not product records. In contrast, the
EU Data Protection Directive and
laws of EU member states may
prohibit disclosure of the same
records.
Definition: Definition:
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Which companies are subject to the What does the 1998 Data Protection
EU data laws? Directive say about whether a non-EU
company is subject to enforcement
there.
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What are other options for Where are the limits on trans-border
multinational corporations with an EU data flows found?
presence?
Term: Term:
What did the EU Council introduce in What does Article 3 of the draft Data
early 2012? Protection Regulation suggest?
47-b
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