Legal Question in Technology Law in Nebraska
What can and can't be done with e-mail
I have an internet based company causing me grief. They have gone so far as to harrass me by email and by adding my name to porn mailing lists. I posted all of the correspondence between us on my web site (www.johnwray.com). I received a letter sayinig I had to remove all reference to the company involved. Isn't that info mine once they send it to me? If I can't put the company name on the site can I put a link that says ''Ask me the name of this company and I will send it to you.''? Thank you in advance for any resonses. The offending company is in Salt Lake City, UT. The server of mine is located in Omaha, NE.
1 Answer from Attorneys
Re: What can and can't be done with e-mail
PLEASE NOTE: WE DO NOT HAVE AN ATTORNEY-CLIENT RELATIONSHIP. THE FOLLOWING SHOULD NOT BE CONSIDERED LEGAL ADVICE.
In my opinion, rather than get in a skunk match with the offending organization, I would suggest other means to get them to quit spamming you and signing you up for porn site email. If they are indeed trying to flood your site with emails, you might consider an action based on trespass. As to the harassing emails, you might want to get a protection order or a restraining order. There may also be some remedies in federal law. The problems you will face, particularly with the protection or restraining orders, is who has jurisdiction to issue to order? If it is Utah, you have significant expenses and trouble involved since you are not a resident. If it is Nebraska or where you live, you may still have to get the order enforced in Utah.
My suggestion would be to retain a lawyer to research and draft a cease and desist/demand letter outlining potential causes of action against the offending party.
In my opinion, a war of words via your website will not stop the activity you dislike from happening.
Thank you for your question. Please let me know if I can be of further service.
Best regards,
Todd Epp, Esq.
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