Cease And Desist Order Case Study
1. The FTC and Trade Practice Regulation
(a) Explain the difference between a cease and desist order and a consent order.
A cease and desist order is a legal order from an authorized body that demands the recipient to immediately stop whatever it is doing as listed in the order or suffer the repercussions as listed in the order
A consent order is a legal agreement between parties in a suit. A consent decree can be either interlocutory (refers to an element in the case and not the final determination) or final.
The cease and desist is like a loaded weapon with the FTC’s finger on the trigger, whereas consent order is a more civilized approach to being bound to an agreement.
Which type of order is used most frequently at the FTC for consumer …show more content…
Therefore, the privacy rights are not protected by certain amendments such as the Bill of Rights. The protection from the statutes stipulating the right of privacy is only confined to the right of privacy from the government. Therefore, these statutes are not against any private business. For example the Fourth Amendment protects the citizens against searches and seizures that are unreasonable in nature. The amendment limits the government against collection of private information without having a proper search …show more content…
An online backpack store sells many products that are popular with elementary school children. The store knows some children under 10 subscribe to the store’s coupon service. Is the store subject to the Children’s Online Privacy Protection Act?
8. Should what people say and do on computers be protected by a legal fence, or should these activities be freely available to business wishing to use the information they provide for marketing purposes?
Yes, I believe it should be protected by a legal fence. Although some laws like HIPAA, the Electronic Communications Privacy Act (ECPA) and the Stored Communication Act (SCA) apply in both physical and electronic worlds, we understand that electronic communication and the Internet present special challenges. Therefore, Laws exist to prevent some kind of intrusion. Consequently, the protection is somewhat limited. Many countries have expressed concerns about the privacy of people over the internet. Therefore, the companies in the United States work within a framework in which thee companies do a self-certification. Under this the companies in the United States would work under certain privacy principles. These principles include notice of collection of data, security of the data, options to opt-out and transferring of the data only to those companies that are also under the same type of
(a) Explain the difference between a cease and desist order and a consent order.
A cease and desist order is a legal order from an authorized body that demands the recipient to immediately stop whatever it is doing as listed in the order or suffer the repercussions as listed in the order
A consent order is a legal agreement between parties in a suit. A consent decree can be either interlocutory (refers to an element in the case and not the final determination) or final.
The cease and desist is like a loaded weapon with the FTC’s finger on the trigger, whereas consent order is a more civilized approach to being bound to an agreement.
Which type of order is used most frequently at the FTC for consumer …show more content…
Therefore, the privacy rights are not protected by certain amendments such as the Bill of Rights. The protection from the statutes stipulating the right of privacy is only confined to the right of privacy from the government. Therefore, these statutes are not against any private business. For example the Fourth Amendment protects the citizens against searches and seizures that are unreasonable in nature. The amendment limits the government against collection of private information without having a proper search …show more content…
An online backpack store sells many products that are popular with elementary school children. The store knows some children under 10 subscribe to the store’s coupon service. Is the store subject to the Children’s Online Privacy Protection Act?
8. Should what people say and do on computers be protected by a legal fence, or should these activities be freely available to business wishing to use the information they provide for marketing purposes?
Yes, I believe it should be protected by a legal fence. Although some laws like HIPAA, the Electronic Communications Privacy Act (ECPA) and the Stored Communication Act (SCA) apply in both physical and electronic worlds, we understand that electronic communication and the Internet present special challenges. Therefore, Laws exist to prevent some kind of intrusion. Consequently, the protection is somewhat limited. Many countries have expressed concerns about the privacy of people over the internet. Therefore, the companies in the United States work within a framework in which thee companies do a self-certification. Under this the companies in the United States would work under certain privacy principles. These principles include notice of collection of data, security of the data, options to opt-out and transferring of the data only to those companies that are also under the same type of