Midterm Exam (Take Home)

Total Points : 50
Answer all questions in detail (At least 15 lines AND no more than 50 lines for each answer including
sub sections). Provide your justification based on earlier cases or other supporting material. Structure and
presentation of your answers will affect the points. (Cite your references in the body of the answers if
needed)
This exam is due by 6 p.m. on Monday 26 October 2015. You have to upload the exam to the BlackBoard
as a word document) . Do not change the order of the questions while answering.
THIS IS NOT A GROUP EXAM. YOU MAY NOT DISCUSS THIS EXAM WITH ANYONE FOR
ANY REASON. COPYING FROM ANOTHER PERSON WILL RESULT IN FAILING THE
COURSE. WRITE ALL ITEMS IN YOUR OWN WORDS. DONT SIMPLY COPY FROM THE
WEB. GIVE REFERENCE WHEN NECESSARY.
1.[13] The oral arguments before the Supreme Court concerning the Communications Decency Act
(CDA) focused extensively on determining the most appropriate analogy for cyberspace. Arguments
were presented that compared the Internet to a library, to television, and to a public place such as a street
corner or park.
(a) Why are these comparisons important? Briefly explain the differences between libraries,
television, and public places with respect to First Amendment protection.
(b) For each of these three analogies (library, television, and public place), describe one
significant way in which the Internet is similar and one significant way in which it is different. Explain
the relevance of each of these similarities and differences to the issue of regulation of the Internet.
2.[12] Veterinarians implant computer chips into pets and farm animals to identify them if they get lost.
Some people suggest doing so for children. Discuss the privacy implications of this proposal and answer
the following questions:
a. What are the risks?
b. Do the benefits outweigh the risks? If yes, in what way? If not, why not?
c. Do parents have the right to have the chips implanted in their young children? Why or why
not?
d. If there was a bill in Congress to require ID chips in children under the age of 5, would you
support it? Why or why not?
3. [12] a. Two approaches to the problem of protecting personal information are (a) the free market view
and (b) the consumer protection view. How do these points of view differ on the issue of a company
disclosing personal information about its customers? How do they differ on the issue of errors in the data
about an individual that is distributed by a credit bureau?
b. Briefly describe what an "opt-in" policy is and an "opt-out" policy is. Let's say you were filling out
a survey for an online magazine. Give an example of what youd see that would distinguish an opt-in
from an opt-out policy.
4. [13] a. Briefly describe the difference between negative and positive rights (liberties and claim rights).
Give an example of a negative right and a positive right.
b. Explain the DMCA (Digital Millennium Copyright Act). What are its two main provisions?
c. Explain how "take-down" notices work and who they protect from lawsuits.

d. How do "take-down" notices sometimes infringe on "Fair Use"?