Online Privacy and Technology Flashcards

Under COPPA, what must operators of child-directed websites obtain before collecting personal information from children under 13?

Answer: Verifiable parental consent

COPPA requires operators to obtain verifiable parental consent before collecting, using, or disclosing personal information from children under 13.

Which law regulates the interception of electronic communications during transmission in the United States?

Answer: Electronic Communications Privacy Act (ECPA) — Wiretap Act

Title I of ECPA, known as the Wiretap Act, prohibits the intentional interception of wire, oral, or electronic communications during transmission.

What standard does the CAN-SPAM Act establish for commercial email senders?

Answer: Opt-out framework requiring unsubscribe mechanisms and accurate sender information

CAN-SPAM establishes an opt-out framework, requiring accurate headers, functioning unsubscribe mechanisms, and physical address disclosure but not prior consent.

Under the Computer Fraud and Abuse Act (CFAA), what is a core prohibited activity?

Answer: Accessing a computer without authorization or exceeding authorized access

The CFAA's core prohibition targets unauthorized access to computers and accessing computers in excess of authorization.

Which FTC Act provision is primarily used to regulate unfair or deceptive online privacy practices?

Answer: Section 5 prohibiting unfair or deceptive acts or practices

FTC Section 5, prohibiting unfair or deceptive acts or practices, is the primary authority the FTC uses to enforce privacy commitments and challenge deceptive privacy practices.

What is 'behavioral advertising' and why does it raise privacy concerns?

Answer: Targeting ads based on tracking user browsing behavior across sites, raising concerns about covert data collection without meaningful consent

Behavioral advertising tracks users across websites to build profiles for targeted ads, raising concerns about lack of transparency, meaningful consent, and potential for sensitive inferences.