Legal Question in Technology Law in New Jersey

Online stalking Harassment

Is there a way to have a website immediately removed if it's under investigation by my local police for harassment and stalking violations?

Someone has posted a website giving out my name and hometown and where I go with my children to the beach all summer. He suggests people look me up and encourages them to ask me for a ''treat'' He has also posted personal pictures and screen shots as well as very defamatory and offensive statements.

I contacted my local police but is there anything else I can do other then just wait to see what they manage to do? He lives in a different state then I do and they told me that might prolong whatever action can be taken.

I would appreciate any advice on this matter. Thank you ..

D


Asked on 7/25/07, 9:29 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Online stalking Harassment

You should act now. In addition to any criminal violations (which is the only thing that the police can work on), whoever is posting this information is committing several civil wrongs against you. These are actionable but you must act quickly in order to preserve the evidence.

Internet harassment persists because the wrongdoers believe that they cannot be identified. That is not true. However, the ISPs involved (there are two) will not give you the information that you need without a subpoena and you cannot get one without having a suit in court. So, you authorize your lawyer to sue a John Doe defendant, issue the subpoena, and get the information. The ISPs only keep their records for 90 days, so you have to act quickly.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. In any case, you need a lawyer who is familiar with discovery of Internet information because it is not an everyday occurrence. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/25/07, 9:52 am

Re: Online stalking Harassment

John is right. You need to take affirmative action. What are your priorities? To get the site down or to punish and make some money? In either event, you want to save the webpages, so find someone who knows the Net, because there is hidden and header information you will want preserved. Chances are you will want an attorney to help you - we know how to threaten scum and get results quicker. You may also want to research internet predators, internet bullying, internet stalking, etc., try to find state and federal entities that may be able to help, and give that info to your local police, as chances are, they are in unfamilar waters, and can use all th ehelp they can get. --- Good luck!

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Answered on 7/25/07, 1:13 pm


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