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BUS 125 Reasonable Expectation of Privacy Discussion Questions
Doing the Data Breach Lawsuit
Facts
An infidelity website, Madison Ashley and its parent company, have been sued in federal court by a man who claims that the companies failed to adequately protect clients’ personal and financial information from theft, saying he suffered emotional distress.
The lawsuit accuses Madison Ashley (MA) and parent company of negligence and invasion of privacy, as well as causing emotional distress. The lawsuit follows a breach of the Madison Ashley website by a group called the Impact Team, which downloaded “highly sensitive personal, financial, and identifying information of the website’s 37 million users.
The lawsuit follows a breach of the MA website by a group called the Impact Team which had threatened to publish the “stolen personal information” if the MA website was not shut down. This information included millions of email addresses for U.S. Government officials, UK civil servants and high-level executives at European and North American corporations.
At Trial
The Plaintiff argues that the data breach could have been avoided if the company had taken “necessary and reasonable precautions to protect its users’ information”. MA knew of several technical issues that could had led to a data breach but did nothing. The defense argues that their damages must be proven and, as there is no indication of credit card fraud or illegal use of the information, there is no basis for the case. Additionally, their website contains this sentence “We cannot ensure the security or privacy of information you provide through the Internet.”
Questions
Do individuals who subscribe to and visit this site have a reasonable expectation of privacy? Why or why not?
Are there facts that would support a tort action and, if so, what tort(s)?
Are there any other defendants besides MA? If so, why sue just MA?
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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