||Oracle Tips by Burleson
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not these web pages.
Those who publish private information about an
individual in areas of the Internet that are known hang-outs for
criminals can be responsible for any damages against that
individual. For example, if someone finds a user’s home address and
posts it on a forum populated by known sex offenders, the user then
has an instant case against that poster for harassment.
Harassment is defined as the repeated, unwanted
contact from a person or group of people. Many netizens falsely
believe that if they form a conspiracy against any individual and
they get all 100 people to call that person one time, then they are
not committing harassment.
Intentional Infliction of
The tort of Intentional Infliction of Emotional
Distress (IIED) has been used successfully in many web cases, but it
is often misunderstood. Sure, an obnoxious e-mail may make the
recipient angry, or a threatening message board post may cause them
to lose sleep at night, but the level of emotional distress must be
very serious for one to win a lawsuit.
In most cases, the emotional distress must be
so severe as to require psychological or psychiatric treatment.
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