CYBER HARASSMENT
Bennet Kelley ‘89
Georgetown University Law Center Reunion Weekend

Cyber
Harassment by
the Numbers

PERPETRATOR
VICTIMS 63.3% men
(where known) DURATION
72.5% women Avg. – 2 Years
Half have no prior
44% 18-30 yrs old relationship with victim
71% - no offline threats
Source: HaltAbuse.org

Forms of Harassment
 Abusive Emails/IMs  Chat Room and Blog
Posts
 Computer Attacks –
 Cyber smears (e.g.,
viruses, hacking Skanks in NYC)
 Crowding Out Benign  Disclosure of Private Facts
Content (or photos)
 Cyber squatting or use of  Use/misuse of victim’s
content
identity
 Cyber Bullying
 Identity Theft

Remedies
• Trespass
• Fraud
Common • Defamation
• Invasion of Privacy/Infliction of Emotional Distress
Law
• Trademark/Copyright
General • Wire Fraud, RICO
Statutory
Authority
• Anti-Cybersquatting Protection Act
• Computer Fraud & Abuse Act
Internet • Identity Theft Enforcement and Restitution Act
Crimes
• Federal Laws Limited in Scope
• State Cyber-Stalking and Cyber-Harassment Laws
Harassment
Laws

Selected Federal Criminal Laws
 18 USC § 875 – prohibits  Violence Against Women
threats to “injure the Act Amendments (18 USC
person” or “injure the § 2261A) - prohibits acts
property or reputation” or course of conduct “with
 No private action the intent to kill, injure,
harass,” that causes
“substantial emotional
 47 U.S.C. § 223 – prohibits distress” or reasonable fear
anonymous use of email to of death or “serious bodily
“annoy, abuse, harass, or injury” to victim, family,
threaten” (does not apply spouse or intimate partner.
to chat board posting)  Increased penalties for
 No private action violating restraining order
 Only applies to interstate
conduct

State Cyber Harassment Laws
Source: Congressional Research Service

State Cyber Stalking Laws
Source: Congressional Research Service

US v. Lori Drew
Or How a Missouri Mom Got a Trip to Disneyland

Misdemeanor Conviction Reversed

Misdemeanor Conviction Reversed

Civil v. Criminal Sanctions
 Criminal Law generally for acts offensive to
society as a whole
 Remedy – Fine and Imprisonment
 Civil Law for remedying wrongs between
individuals
 Remedy - Damages
 What happens when individuals cannot afford
litigation?


Coach Thompson’s Garage
GRRR
IS IT SPEECH? IS IT A CRIME?
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?

Coach Thompson’s Computer Screen
ii sum valde
iratus iam
IS IT SPEECH? IS IT A CRIME?
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?

Criminal Defamation Laws
Source: First Amendment Center, Media Law Resource Center

Forgotten but not Gone
Source: Media Law Resource Center

First Amendment Issues
Source: Media Law Resource Center

Tips/Resources
 “Googling” Yourself  Use Social
 Contact Info Networking Privacy
Tools
 Segregate Email
Addresses  IC3.gov
 Key Word Alerts  HaltAbuse.org
 Trademark or Domain
Monitor Services

Bennet Kelley
Bennet Kelley founded the Internet Law Center in 2007 after a
decade of activity in many of the hottest internet issues including
behavioral targeting, cyber squatting, net neutrality, privacy, spam
and spyware. Prior to launching the Internet Law Center, Bennet
worked in-house with companies such as ETM Entertainment
Network, SpeedyClick.com, Hi-Speed Media and ValueClick.
Bennet is Co-Chair of the California Bar's Cyberspace Committee
and has played a leading role in shaping Internet law and policy.
Bennet testified before the California Senate Business &
Professions Committee on its landmark 2003 spam legislation and
was praised by the House Energy & Commerce Committee for his
bkelley@internetlawcenter.net contributions to federal spyware legislation. He also launched an
initiative through the Cyberspace Committee to develop a
cyberspace primer for incoming state legislators.
In addition, Bennet has extensive political experience that includes
serving as National Co-Chair of the Democratic National
Committee's Saxophone Club (its young professional fundraising
and outreach arm) during the Clinton era and being an award
winning political columnist for Huffington Post.

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