3. PERPETRATOR
VICTIMS 63.3% men
(where known) DURATION
72.5% women Avg. – 2 Years
Half have no prior
44% 18-30 yrs old relationship with victim
71% - no offline threats
Source: HaltAbuse.org
4. Forms of Harassment
Abusive Emails/IMs Chat Room and Blog
Posts
Computer Attacks –
Cyber smears (e.g.,
viruses, hacking Skanks in NYC)
Crowding Out Benign Disclosure of Private Facts
Content (or photos)
Cyber squatting or use of Use/misuse of victim’s
content
identity
Cyber Bullying
Identity Theft
5.
6. Remedies
• Trespass
• Fraud
Common • Defamation
• Invasion of Privacy/Infliction of Emotional Distress
Law
• Trademark/Copyright
General • Wire Fraud, RICO
Statutory
Authority
• Anti-Cybersquatting Protection Act
• Computer Fraud & Abuse Act
Internet • Identity Theft Enforcement and Restitution Act
Crimes
• Federal Laws Limited in Scope
• State Cyber-Stalking and Cyber-Harassment Laws
Harassment
Laws
7. Selected Federal Criminal Laws
18 USC § 875 – prohibits Violence Against Women
threats to “injure the Act Amendments (18 USC
person” or “injure the § 2261A) - prohibits acts
property or reputation” or course of conduct “with
No private action the intent to kill, injure,
harass,” that causes
“substantial emotional
47 U.S.C. § 223 – prohibits distress” or reasonable fear
anonymous use of email to of death or “serious bodily
“annoy, abuse, harass, or injury” to victim, family,
threaten” (does not apply spouse or intimate partner.
to chat board posting) Increased penalties for
No private action violating restraining order
Only applies to interstate
conduct
13. 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?
14. Coach Thompson’s Garage
GRRR
IS IT SPEECH? IS IT A CRIME?
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?
15. Coach Thompson’s Computer Screen
ii sum valde
iratus iam
IS IT SPEECH? IS IT A CRIME?
IS PROPERTY DAMAGED?
IS IT OFFENSIVE TO SOCIETY AS A WHOLE?
19. Tips/Resources
“Googling” Yourself Use Social
Contact Info Networking Privacy
Tools
Segregate Email
Addresses IC3.gov
Key Word Alerts HaltAbuse.org
Trademark or Domain
Monitor Services
20. Bennet Kelley
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
bkelley@internetlawcenter.net 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.
21. The Internet Law Center is dedicated to helping
businesses navigate the evolving legal standards for
today’s digital economy, while also contributing to the
development of the policies of tomorrow. The firm
serves a diverse client base that includes startups and
WE KNOW THE INTERNET public companies both online and offline across North
America and Asia.
Internet Law Center The professionals of the Internet Law Center possess
100 Wilshire Blvd., Suite 950 years of practical experience as lawyers and
Santa Monica, CA 90401
www.internetlawcenter.net entrepreneurs with internet companies and have played
a leading role in shaping Internet law and policy. This
Santa Monica Washington South Carolina
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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