Legal Question in Technology Law in California

There is a man, considered insane by most people who are acquainted with him, who annoys me with email. His messages often tell me that people are missing, and that I need to look out, and be careful.

Needless to say, I find the messages distressing. Sometimes he accuses me, and others, of crimes we don't know anything about, including rape of a minor, who I have no knowledge of, and I suspect the crime is only in his mind, and never in reality, occurred.

In addition, he sends the messages to many recipients, thus slandering those he accuses, including myself. However, the recipients don't take him seriously, so, there's no harm done, except for the emotional distress.

It seems to me, he should be reigned-in though, or made to pay in some way, that would stop his bizarre behavior.

I feel I could respond by threatening him, but I don't really want to do that, and I wouldn't feel good about doing that.

What can be done?


Asked on 2/01/10, 3:54 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Have you asked your e-mail service provider if there is a technical (vs. a legal) solution? E-mail carries tags identifying the sending computer (yes, I know these can be falsified or suppressed by serious spam operators and criminals, but that's probably beyond this guy). It may be better to try to block him than to use legal remedies. You never know what will happen when you take legal action against a nut case. If necessary, ask a lawyer about civil harassment, and defamation. Take a look at Code of Civil Procedure sections 527.6, especially subsection 527.6(b)(3), regarding civil harassment.

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Answered on 2/06/10, 6:15 pm


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