According to the Sidis case, if a person has fame thrust upon her so that she becomes an involuntary celebrity, does that mean she is a "public figure" under the law, and thus entitled to less privacy protection?

Question 1 options:

a)

No

b)

Yes

Question 2 (1 point)

Peter discovers that his landlord, Dan, had installed tiny surveillance cameras in his bedroom and had been monitoring Peter's activities. Does Dan's conduct fit the elements of any of the common law privacy torts?

Question 2 options:

a)	Yes, for Intrusion Upon Seclusion

b)	Yes, for Public Disclosure of Private Facts

c)	Yes, for Misappropriation of Name or Likeness

d)	Yes, for more than one of these three torts

e)

No

Question 3 (1 point)

Daisy has just moved into a new apartment and discovers that the previous tenant, Vladimir, left a pile of printed photographs depicting Vladimir during moments of sexual intimacy with his girlfriend. Daisy showed the photographs to her best friend, and the two had a good laugh. Does Daisy's conduct fit the elements of any common law privacy torts?

Question 3 options:

a)	Yes, for Intrusion Upon Seclusion

b)	Yes, for Public Disclosure of Private Facts

c)	Yes, for Misappropriation of Name or Likeness

d)	Yes, for more than one of these three torts

e)

No

Read the following scenario and answer questions 4, 5, and 6.

Kelly finds old footage of Bob picking his nose in his living room. The footage was surreptitiously captured by some unknown person. Kelly passes the footage along to Jim. Jim digitizes the footage and posts it on YouTube. Hank later sees the footage and thinks it is very funny, so he reposts the footage on his very popular blog.

ASSUME FOR THE SAKE OF THIS QUESTION THAT BOB CAN SUCCESSFULLY SUE JIM FOR PUBLIC DISCLOSURE OF PRIVATE FACTS.

Question 4 (1 point)

Which of these is Kelly's best defense if Bob sues her for public disclosure of private facts?

Question 4 options:

a)	Kelly is protected by Section 230 of the Communications Decency Act.

b)	The information was of legitimate concern to the public (newsworthiness).

c)	The information Kelly shared was not private.

d)	Kelly did not give publicity to the information.

Question 5 (1 point)

Which of these is Hank's best defense if Bob sues him?

Question 5 options:

a)	The information Hank shared was not private.

b)	Hank did not give publicity to the information.

c)	The information was of legitimate concern to the public (newsworthiness).

d)	Hank is protected by Section 230 of the Communications Decency Act.

Question 6 (1 point)

Which of these is YouTube's best defense if Bob sues YouTube (or its parent company)?

Question 6 options:

a)	YouTube did not give publicity to the information.

b)	YouTube is protected by Section 230 of the Communications Decency Act.

c)	The information YouTube shared was not private.

d)	The information was of legitimate concern to the public (newsworthiness).

Read the following scenario and answer questions 7 and 8.

To protect the safety of eyewitnesses in criminal prosecutions, a state legislature passed a law prohibiting the publication of the names of eyewitnesses who have testified in criminal proceedings and authorizing a $20,000 fine for every violation.

Question 7 (1 point)

If a local television station broadcasts the name of an eyewitness who testified and was identified by name in a public trial, could the state fine the television station consistent with the First Amendment?

Question 7 options:

a)

No

b)

Yes

Question 8 (1 point)

Suppose that the eyewitness testified during a portion of the trial that was closed to the public and kept under seal. Suppose also that an attorney working on the case leaked the identity of the eyewitness to a television station because the witness happened to be a politician who was involved in criminal activity related to the crime. If the television station chose to report this fact and identified the politician by name, could the state fine the station consistent with the First Amendment?

Question 8 options:

a)

No

b)

Yes

Question 9 (1 point)

Can law enforcement officers open and read a piece of mail that is in the U.S. Postal Service's possession without a warrant?

Question 9 options:

a)

Yes

b)

No

Question 10 (1 point)

Officer Kraft decided to take advantage of a traffic jam by walking a trained drug-detecting dog between the cars. When the dog reached Linda's car, it made an "alert" response indicating that the car contained illegal drugs. Was the dog alert a search under the 4th Amendment?

Question 10 options:

a)

Yes

b)

No

Question 11 (1 point)

Does a police department need to get a warrant before installing a GPS device on a suspect's car?

Question 11 options:

a)

Yes

b)

No

Question 12 (1 point)

After Riley v. California, police can never search a smart phone without a warrant.

Question 12 options:

	a) True
	b) False

Read the following scenario and answer questions 13 and 14.

When Terrance visits the website SillyCats.com, the website's HTML code places a third-party cookie on Terrance's computer so that the third party, AdNetwork, can collect information about which web pages Terrance visits. SillyCats.com receives a payment from AdNetwork for this arrangement.

Question 13 (1 point)

Can Terrance successfully sue SillyCats.com under the Electronic Communications Privacy Act?

Question 13 options:

a)

No

b)

Yes

Question 14 (1 point)

Can Terrance successfully sue AdNetwork under the Electronic Communications Privacy Act?

Question 14 options:

a)

Yes

b)

No

Question 15 (1 point)

Police are investigating Larry for criminal activity. As part of their investigation, they would like to access his email activity, including the contents of emails and the routing information about whom he wrote to and when he sent his emails. For which types of information will the police probably need to secure a warrant or court order based on probable cause?

Question 15 options:

a)	The contents of the emails only

b)	The routing information only

c)	None of it

d)

All of it

Question 16 (1 point)

Edward Snowden revealed documents showing that the NSA routinely wiretapped nearly every American's personal cell phone conversations.

Question 16 options:

	a) True
	b) False

Question 17 (1 point)

Under the common law duty of confidentiality, doctors may never disclose health information about their patients to any third parties.

Question 17 options:

	a) True
	b) False

Question 18 (1 point)

Can an individual successfully sue a credit card company for Public Disclosure of Private Facts if the credit card company sells his purchase history information to another company?

Question 18 options:

a)

No

b)

Yes

Question 19 (1 point)

Can an individual successfully sue a credit card company for Intrusion Upon Seclusion if the credit card company sells his purchase history information to another company?

Question 19 options:

a)

No

b)

Yes

Question 20 (1 point)

Under European privacy law, publishing information on the World Wide Web is a form of "data processing" that must comply with privacy rules.

Question 20 options:

	a) True
	b) False

Question 21 (1 point)

Under European privacy law, media companies are exempted from having to receive consent before publicizing a photograph of a celebrity or other public figure.

Question 21 options:

	a) True
	b) False

Question 22 (1 point)

The Federal Trade Commission looks only at the content of a company's privacy policy in order to determine whether the company is engaged in "deceptive" practices.

Question 22 options:

	a) True
	b) False

Question 23 (1 point)

When the Federal Trade Commission enters into settlement agreements with firms based on privacy violations, the settlement typically only requires the firm to pay a fine.

Question 23 options:

	a) True
	b) False

Question 24 (1 point)

Based on past FTC enforcement actions, can a firm change the privacy policies that will apply to data that had originally been collected under a previous privacy policy?

Question 24 options:

a)

No

b)

Yes

Question 25 (1 point)

A person can access her spouse's credit report without the spouse's consent.

Question 25 options:

	a) True
	b) False

Question 26 (1 point)

Under the Fair Credit Reporting Act, employers may not use a person's credit report when making a hiring decision.

Question 26 options:

	a) True
	b) False

Question 27 (1 point)

How would Spokeo's analysis of the standing doctrine affect a plaintiff's case against a credit card company that sells information about its customers' shopping habits?

Question 27 options:

a)	It would make the plaintiff's case easier by establishing no First Amendment defense for the credit card company

b)	It would make the plaintiff's case harder by requiring the plaintiff to prove that he suffered a concrete injury.

c)	It would make the plaintiff's case easier by allowing consumers to automatically overcome a motion to dismiss in privacy cases

d)	It would make the plaintiff's case harder by requiring the plaintiff to prove he has a contractual relationship with the defendant

Question 28 (1 point)

The collection and resale of consumer data is treated as a product (like beef jerkey) rather than as speech for the purposes of First Amendment analysis.

Question 28 options:

	a) True
	b) False

Question 29 (1 point)

In Sorrell v. IMS, the statute protecting doctor privacy was found to be in conflict with the First Amendment because:

Question 29 options:

a)	There was not sufficient state interest in protecting the privacy of doctors

b)	There was not sufficient tailoring between the privacy interests of the doctors and the rules created by the statute

Question 30 (1 point)

Under the California Consumer Protection Act, if a California resident demands that Facebook refrain from sharing or selling their data for advertising purposes, can Facebook charge the resident for access to the social network?

Question 30 options:

a)

Yes

b)

No