||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.
Libel and Defamation on the Web
Peter D. Kennedy, an Attorney with a law firm in Texas
whose practice includes the areas of Internet and libel, points out
that in cases of cyber-libel, several challenges and factors are
different from traditional libel cases.
Identity – One must be able to
penetrate the cloak of anonymity to know the true identity of
Jurisdiction – One must establish
personal jurisdiction for the offender.
Other Responsible Parties – One must
be able to identify other parties who may conspire to defame
Now that some definitions have been presented,
the next step is to take a closer look at the legalities concerning
libel in cyberspace.
Libel and the Internet
Recent laws have been enacted to limit the
liability of Internet providers (i.e. Yahoo forums, etc.), and many
people mistakenly conclude that the web is now wide-open for anyone
to publish defamatory information about anyone else.
People are still responsible for their words,
and the anonymity of the Internet can easily be broken by a court
order. More information on how to identify people who post in a
libelous manner is contained in Chapter 1, The Illusion of
The emerging web has now made it possible for
anyone to become a publisher. Sitting in a prison cell, convicted
felons can post terrible things about specific people, causing great
damage to the reputation of others.
Even if a netizen has never read a book, they
can now go to a newsgroup on the Internet and publish content that
is almost instantly accessible to millions of people across the
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