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Constitutional Law Questions & Answers

Questions 1-7 deal with the following situation: Congress, alarmed by several incidents in which individuals attempting to purchase items over the Internet were the victims of identity theft when their credit card information was hacked into, enacts the “Internet Commerce Promotion and Protection Act” (ICPPA). The statute reads as follows: Section: 1 : Findings: The Congress hereby finds that commerce on the Internet presents a new opportunity for economic growth, but that this growth can be realized only if potential customers can reasonably believe that Internet transactions are technologically safe and secure. The Congress also finds that Americans have the right to Internet transactions that are as secure as face-to-face transactions. Section: 2 : Definitions:

A. “Internet Business” means any person, corporation or other entity that customarily offers goods or services for sale on the Internet. Section: 3 : Safety of Internet Transactions: Internet Businesses shall, to the extent feasible, ensure the maximum safety of Internet transactions. Section: 4 : Implementation Authority: The Federal Trade Commission (FTC) is hereby authorized and directed to promulgate regulations to implement the policy reflected in Section: 3 . Section: 5 : Legislative Oversight: Congress may overturn any regulation promulgated pursuant to Section: 4 of this statute, upon a majority vote of both houses of Congress. Section: 6 : Fines: Any Internet Business violating this statute or any valid regulation promulgated pursuant to Section: 4 shall be liable for a fine of at least $5,000 per violation. Section: 7 : Adjudication of Fines: Alleged violations of this statute or of regulations promulgated pursuant to Section: 4 shall be adjudicated by an Administrative Law Judge (ALJ) within the FT
C. Appeals from any such decision may be made to the “Internet Commerce Court,” which shall be comprised of rotating panels of three federal judges. The Internet Commerce Court shall reverse any factual findings or legal conclusions found to be clearly erroneous. The decisions of this court shall be final and not subject to further review. Section: 8 : Legal Validity: Any person may bring suit in the appropriate federal court in order to contest the constitutionality or other legal validity of this statute or any action taken thereunder. Pursuant to the statute, the FTC promulgates the following regulation: Reg A: No Internet Business may intentionally market to minors, or knowingly accept orders from minors, without express consent from their parents or legal guardians.

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