Cyberharassment and the law

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K4TEC
Posts: 348
Joined: Wed Mar 17, 2010 5:45 pm
Location: US

Cyberharassment and the law

Post by K4TEC » Thu Apr 12, 2012 9:23 pm

I as well as several others feel like we have been the target of a small handful of individuals who it seems have made it their daily task to niggle and annoy to the extent I have now had a lawyer do some research on my behalf.

It is interesting what he tells me and also interesting how the definition Cyberharassment is confirmed by the definition of the law.

Now the law varies from state to state but for example in California,
if your being cyberharassed then you fall under the following: Cal. Penal Code §§ 422, 653.2, 653m

for example:
653.2. (a) Every person who, with intent to place another person in
reasonable fear for his or her safety, or the safety of the other
person's immediate family, by means of an electronic communication
device, and without consent of the other person, and for the purpose
of imminently causing that other person unwanted physical contact,
injury, or harassment, by a third party, electronically distributes,
publishes, e-mails, hyperlinks, or makes available for downloading,
personal identifying information, including, but not limited to, a
digital image of another person, or an electronic message of a
harassing nature about another person, which would be likely to
incite or produce that unlawful action, is guilty of a misdemeanor
punishable by up to one year in a county jail, by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) For purposes of this section, "electronic communication device"
includes, but is not limited to, telephones, cell phones, computers,
Internet Web pages or sites, Internet phones, hybrid
cellular/Internet/wireless devices, personal digital assistants
(PDAs), video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term is defined in Section
2510(12) of Title 18 of the United States Code.
(c) For purposes of this section, the following terms apply:
(1) "Harassment" means a knowing and willful course of conduct
directed at a specific person that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose.
(2) "Of a harassing nature" means of a nature that a reasonable
person would consider as seriously alarming, seriously annoying,
seriously tormenting, or seriously terrorizing of the person and that
serves no legitimate purpose.


And in Virginia for example there are the following laws Va. Code § 18.2-152.7:1

§ 18.2-152.7:1. Harassment by computer; penalty.

If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

(2000, c. 849.)

Now do not confuse claims of cyberbullying and or cyber stalking, they are a different subject all to themselves.

So I hope the above is useful if you feel like your being harrased, annoyed or threatned, It is a very easy law to follow.

For furhter information it is worth visiting http://www.ncsl.org/issues-research/tel ... -laws.aspx

But to be shure it is always worth employing the services of an attorney.

I hope the above information is useful.
73 K4TEC

WB6VHK
Posts: 127
Joined: Thu Feb 24, 2011 11:52 pm

Post by WB6VHK » Thu Apr 12, 2012 10:16 pm

This is by far the FUNNIEST post I have EVER read on eham. Martyn, You have gone over the edge.

It took me over a minute to get up off the floor I was laughing so hard when I read this ( seriously ).

Martyn, If you can't take the heat, get out of the kitchen.

This will go down in eham history as one of your greatest posts.

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