Legal Question in Technology Law in Ohio

Internet harrasment

If someone is harrasing you on the internet via my space and/or xanga. Writting things about you. Insulting you and family members is there a law to stop this person from defaming you on their public board?

Thanks,

M.--name removed--

[email protected]


Asked on 3/17/06, 10:15 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Internet harrasment

With cases like this you have two problems. In the civil context, you may have trouble finding a lawyer that will take the case since your damages might not be much, if at all, and second, you don't know where this person is located. Although with my space, you may know where this person probably is and who they are, so this second problem might not be that big for you. However, I don't see a lawyer taking this case, but I'm not a civil lawyer, so don't let me talk you out of it.

Your best bet to stopping this is to contact the NJ Computer Crime Task Force at www.cctf.nj.gov

You can fill out the form and they will look into your case. Your problem there is that the activity you are complaining of may not be a felony and thus, they won't look into it. If this happens, you can press charges in the municipal court where the person lives and have a lawyer act as private prosecutor.

Hope that helps.

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Answered on 3/18/06, 12:22 pm
John Corbett Corbett Law Firm LLC

Re: Internet harrasment

Yes.

The law of defamation is no different for the Internet than for any other published medium. Sometimes proofs are actually easier. If you think that you or someone close to you has been harassed or defamed, collect whatever evidence you have and see a lawyer.

Many people erroneously believe that they can hide behind IM or email pseudonyms. That is a false belief. If someone has committed an actionable offense, whether civil or criminal, a subpoena or search warrant will force the ISP to give up the user's name. If the offender used a false name to open the account with the ISP, their payments can be traced to a real person. There is always a way to find them with the help of the court. There is no right to anonomous defamation.

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Answered on 3/18/06, 12:33 am


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