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

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an uncertain economy.

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