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Cyber Harassment
 

Cyber Harassment

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Overview of remedies for cyber harassment.

Overview of remedies for cyber harassment.

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    Cyber Harassment Cyber Harassment Presentation Transcript

    • 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.
    • The Internet Law Center is dedicated to helping businesses navigate the evolving legal standards for today’s digital economy, while also contributing to the development of the policies of tomorrow. The firm serves a diverse client base that includes startups and WE KNOW THE INTERNET public companies both online and offline across North America and Asia. Internet Law Center The professionals of the Internet Law Center possess 100 Wilshire Blvd., Suite 950 years of practical experience as lawyers and Santa Monica, CA 90401 www.internetlawcenter.net entrepreneurs with internet companies and have played a leading role in shaping Internet law and policy. This Santa Monica Washington South Carolina unprecedented combination of business, legal and policy experience makes the Internet Law Center uniquely qualified to provide the professional advice needed to address emerging issues of internet law in an uncertain economy. Sign up for Cyber Report – our award winning newsletter which was named one of the Top 100 Internet Law Resources and re-launches this fall.