1.

Define copyright and discuss the sources of risks to copyright holders in

the digital age.

● Copyright: A legal right granted to creators of original works (like literary, artistic, and
musical works) to control how their work is used, reproduced, and distributed.
● Risks in the Digital Age:
○ Unauthorized Reproduction and Distribution: Digital content can easily be
copied and shared without permission.
○ Piracy: The illegal downloading or streaming of copyrighted content such as
movies, music, and software.
○ Plagiarism: Digital media allows for easy copying of text, images, or ideas.
○ Global Reach: The internet makes it harder to track copyright violations that
occur across different jurisdictions.

2. How has the internet contributed to copyright infringement, and what

measures can be taken to mitigate this?

● Internet Contributions to Infringement:

○ Ease of Copying and Distribution: Digital files (music, movies, software) are
easily copied and distributed online.
○ Anonymous Sharing: Platforms like torrent websites allow users to share files
without disclosing their identity.
○ Difficulty in Enforcement: The global nature of the internet makes it hard to
enforce copyright laws.
● Mitigation Measures:
○ Digital Rights Management (DRM): Technology to control how digital content is
used, such as restricting copying or sharing.
○ Content ID Systems: Platforms like YouTube use automated systems to detect
copyrighted content.
○ Legal Actions: Copyright holders can pursue legal actions against infringers.
○ Public Awareness: Educating users on the importance of copyright and the
consequences of piracy.

3. Explain the concept of fair use and its limitations in the context of online
postings and digital content.

● Fair Use: A legal doctrine that allows limited use of copyrighted material without
permission for purposes like criticism, comment, news reporting, education, or research.
● Limitations:
○ Transformative Nature: The use must add new meaning or value to the original
work, not just replicate it.
○ Commercial Use: Using copyrighted material for profit often falls outside fair
use.
 ○ Portion Used: Only a small portion of the work can typically be used under fair
use.
○ Effect on Market: If the use negatively impacts the market value of the original
work, it may not qualify as fair use.

4. Discuss the legal consequences of copyright piracy and criminal liability

associated with internet infringement.

● Legal Consequences:
○ Civil Lawsuits: Copyright holders can sue infringers for damages.
○ Fines: Courts may impose fines proportional to the losses incurred by copyright
holders.
○ Injunctions: Courts may issue injunctions to stop infringing activities.
● Criminal Liability:
○ Felony Charges: In some cases, copyright infringement can result in criminal
charges, leading to imprisonment.
○ Fines for Criminal Piracy: Large fines can be imposed, especially for
commercial-scale piracy.

5. How does the First Amendment interact with copyright laws, particularly
concerning internet content?

● First Amendment: Protects freedom of speech and expression in the United States.
● Interaction with Copyright:
○ Balance: Copyright law restricts certain uses of protected works, but courts
balance this with First Amendment rights.
○ Fair Use: Fair use is seen as a way to reconcile copyright law with freedom of
speech, allowing for transformative uses like parody and criticism.
○ Limitations: While free expression is protected, using someone else's work
without permission for commercial purposes is not.

6. Analyze how losing data can lead to trademark issues and defamation
online. Provide examples.

● Trademark Issues:
○ Brand Dilution: Losing control over proprietary data can lead to misuse of
trademarks, weakening the brand's reputation.
○ Cybersquatting: Unauthorized use of trademarked names in domain names can
confuse consumers and harm brands.
● Defamation:
○ Data Breach: A breach that exposes private communications or proprietary data
can lead to defamatory content being shared online.
○ False Information: Misuse of data could lead to false claims about a company or
person, damaging their reputation.
 ● Example: A company experiencing a data breach might see its logo and branding used
in phishing emails, leading to customer distrust and damage to the brand.

7. Explain the role of common law privacy in protecting individuals’ data

online. How does this differ from constitutional privacy rights?

● Common Law Privacy:

○ Tort Law: Common law privacy protects individuals from invasion of privacy,
such as unauthorized disclosure of personal information.
○ Right to be Left Alone: This is the basic premise of common law privacy,
covering intrusion into personal life.
● Constitutional Privacy:
○ Fourth Amendment: In the U.S., the Fourth Amendment provides protection
against unreasonable searches and seizures, extending to digital data.
○ Due Process: Constitutional rights focus on protection from government actions,
while common law privacy applies to individuals and private organizations.

8. Discuss how federal statutes are used to enforce privacy rights in the
digital world. Provide examples of relevant statutes.

● Federal Statutes:
○ The Electronic Communications Privacy Act (ECPA): Protects electronic
communications from unauthorized interception.
○ The Children's Online Privacy Protection Act (COPPA): Regulates the
collection of personal data from children under 13.
○ The Health Insurance Portability and Accountability Act (HIPAA): Protects
medical information.
● Examples:
○ ECPA: Prevents unauthorized wiretapping or interception of digital
communications.
○ COPPA: Websites must obtain parental consent before collecting data from
children.

9. What are the challenges of maintaining anonymity online while ensuring

compliance with copyright and privacy laws?

● Challenges:
○ Anonymity vs Accountability: Anonymity can enable illegal activities (e.g.,
piracy), but eliminating it could infringe on privacy rights.
○ Tracking Infringements: Copyright holders struggle to track anonymous
infringers without violating privacy laws.
○ Encryption: While encryption protects user data, it can hinder law enforcement
in tracking illegal activities.
 ● Balancing Act: Protecting privacy while ensuring users are held accountable for illegal
actions remains a significant challenge.

10. How has technology expanded privacy rights, and what legal measures
have been introduced to protect these rights in the digital environment?

● Technology Expansion:
○ Encryption: Advances in encryption technology have made it easier to protect
personal information online.
○ Data Control: Technology now allows individuals more control over how their
data is collected and used.
● Legal Measures:
○ General Data Protection Regulation (GDPR): European law that provides
strong protection for personal data.
○ California Consumer Privacy Act (CCPA): Provides California residents with
rights to know what data is collected and request its deletion.