Post on 09-May-2015
description
CYBER HARASSMENT
Bennet Kelley ‘89 Georgetown University Law Center Reunion Weekend
Cyber
Harassment by
the Numbers
VICTIMS
72.5% women
44% 18-30 yrs old
PERPETRATOR
63.3% men
(where known)
Half have no prior
relationship with victim
71% - no offline threats
DURATIONAvg. – 2 Years
Source: HaltAbuse.org
Forms of Harassment
Abusive Emails/IMs
Computer Attacks –
viruses, hacking
Crowding Out Benign
Content
Cyber squatting or use of
identity
Cyber Bullying
Identity Theft
Chat Room and Blog
Posts
Cyber smears (e.g.,
Skanks in NYC)
Disclosure of Private Facts
(or photos)
Use/misuse of victim’s
content
Common Law
• Trespass
• Fraud
• Defamation
• Invasion of Privacy/Infliction of Emotional Distress
General Statutory Authority
• Trademark/Copyright
• Wire Fraud, RICO
Internet Crimes
• Anti-Cybersquatting Protection Act
• Computer Fraud & Abuse Act
• Identity Theft Enforcement and Restitution Act
Harassment Laws
• Federal Laws Limited in Scope
• State Cyber-Stalking and Cyber-Harassment Laws
Remedies
Selected Federal Criminal Laws
18 USC § 875 – prohibits threats to “injure the person” or “injure the property or reputation” No private action
47 U.S.C. § 223 – prohibits anonymous use of email to “annoy, abuse, harass, or threaten” (does not apply to chat board posting) No private action
Violence Against Women Act Amendments (18 USC § 2261A) - prohibits acts or course of conduct “with the intent to kill, injure, harass,” that causes “substantial emotional distress” or reasonable fear of death or “serious bodily injury” to victim, family, spouse or intimate partner. Increased penalties for
violating restraining order
Only applies to interstate conduct
State Cyber Harassment Laws
Source: Congressional Research Service
State Cyber Stalking Laws
Source: Congressional Research Service
US v. Lori DrewOr How a Missouri Mom Got a Trip to Disneyland
Misdemeanor Conviction Reversed
Misdemeanor Conviction Reversed
Civil v. Criminal Sanctions
Criminal Law generally for acts offensive to
society as a whole
Remedy – Fine and Imprisonment
Civil Law for remedying wrongs between
individuals
Remedy - Damages
What happens when individuals cannot afford
litigation?
IS IT SPEECH?
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?
Coach Thompson’s Garage
IS IT A CRIME?
GRRR
IS IT SPEECH? IS IT A CRIME?
Coach Thompson’s Computer Screen
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?
ii sum valde
iratus iam
Source: First Amendment Center, Media Law Resource Center
Criminal Defamation Laws
Source: Media Law Resource Center
Forgotten but not Gone
First Amendment Issues
Source: Media Law Resource Center
Tips/Resources
“Googling” Yourself
Contact Info
Segregate Email
Addresses
Key Word Alerts
Trademark or Domain
Monitor Services
Use Social
Networking Privacy
Tools
IC3.gov
HaltAbuse.org
Bennet Kelley founded the Internet Law Center in 2007 after a
decade of activity in many of the hottest internet issues including
behavioral targeting, cyber squatting, net neutrality, privacy, spam
and spyware. Prior to launching the Internet Law Center, Bennet
worked in-house with companies such as ETM Entertainment
Network, SpeedyClick.com, Hi-Speed Media and ValueClick.
Bennet is Co-Chair of the California Bar's Cyberspace Committee
and has played a leading role in shaping Internet law and policy.
Bennet testified before the California Senate Business &
Professions Committee on its landmark 2003 spam legislation and
was praised by the House Energy & Commerce Committee for his
contributions to federal spyware legislation. He also launched an
initiative through the Cyberspace Committee to develop a
cyberspace primer for incoming state legislators.
In addition, Bennet has extensive political experience that includes
serving as National Co-Chair of the Democratic National
Committee's Saxophone Club (its young professional fundraising
and outreach arm) during the Clinton era and being an award
winning political columnist for Huffington Post.
Bennet Kelley
bkelley@internetlawcenter.net
The Internet Law Center is dedicated to helping
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The professionals of the Internet Law Center possess
years of practical experience as lawyers and
entrepreneurs with internet companies and have played
a leading role in shaping Internet law and policy. This
unprecedented combination of business, legal and
policy experience makes the Internet Law Center
uniquely qualified to provide the professional advice
needed to address emerging issues of internet law in
an uncertain economy.
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