||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.
See these pages for more details.
Last year the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 law was
passed. This law, also known as the CAN-SPAM Act of 2003,
takes direct aim at those that flood e-mail inboxes with unsolicited
marketing messages, including the graphic portrayal of pornography.
It also makes it an offense to send un-requested sexually oriented
material where the originator of the message cannot be traced, or
the subject line is intentionally deceptive.
There are instances when the legality of an
e-mail may not be readily apparent. Pornography, for example, is
legal in some venues. It is not necessarily illegal in all
circumstances when one person e-mails pornography to another. The
rules, regulations and laws that apply to both the sender and
recipient, the computers both are using and the nature of the
material itself must all be taken into account.
Threats and harassment are unpleasant
experiences, but libel on the Internet can cause more damage than
either. In the next section, this burgeoning area of Internet law
will be presented in greater detail.
Libel and Defamation on the Web
Defamation is defined as making a false
statement about someone, which hurts or damages that person’s
reputation. When a false statement is made verbally, it is called
slander. If a false statement is made in writing, it is called
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