Legal Question in Criminal Law in Virginia

information

if someone post your personal information in a chatroom,what can be done legally about it?


Asked on 1/31/05, 7:31 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: information

In response to your question, the first and most important question to be asked (in my view) is what actual damages did you suffer or incur as a result of this unapproved posting. These damages must be provable and directly linkable to the

information which was posted without your approval

and I'm not referring to psycological stress which you undoubtedly and understandably experienced but rather to losses which can be reasonably calculated in dollars and cents(out of pocket) such as a job loss or business forfeited due to this unauthorized posting in the chatroom.

If you are able to prove these kinds of damages which I've described above and link them to the errant acts of the defendant as their proximate cause, then the next question is to determine whether the applicable state defamation law involved would allow you to recover for this kind of "cyber-libel" and for that determination you would need to consult with an attorney in that state who is knowledgeable in these kinds of matters.

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Answered on 2/01/05, 1:45 pm


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