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Message From Our Managing Attorney: How Can A Lawyer Help Me Respond to Cyber Bullying and Internet Defamation?

How can a lawyer help me respond to cyber bullying and Internet defamation? That is the question our law firm seems to be asked most frequently these days. We have seen an explosion of inquiries from potential clients who have been defamed or bullied on the Internet. That is why we started this Internet Defamation blog. The response has been overwhelming. We see that as a sad commentary on what people are doing to one another behind the veil of anonymity of the Internet.
The victims describe the resulting destruction of their business reputation; their personal privacy; their intimate relationships. This is caused by the toxic combination of two harsh truths: (a) anonymous speech tends to bring out the worst in people and (b) people reading this garbage tend to believe that where there is smoke, there is fire.

The law provides a number of ways to address cyber bullying and Internet defamation. For example, if the particular facts present themselves, one might bring a lawsuit for:

o the intentional infliction of emotional distress
o libel
o interference with contract
o interference with prospective economic advantage
o unfair trade practices
o violation of contractual confidentiality provisions
o invasion of privacy / right of publicity
o copyright infringement
In addition, we work with consultants that utilize computer-based, forensic techniques that can in certain circumstances, help identify who is posting the harmful material and from where. Obviously, it would be inadvisable to explain all those protocols in this blog posting. However, suffice it to say that sometimes people who make such postings are not as anonymous as they might think.
Finally, the immunity from suit that Internet service providers enjoy under Federal law is not absolute. In fact, sometimes we are able to convince the ISP or webmaster to remove the offending speech, or at least provide our client with the opportunity to respond.
Of course, our law firm is committed to defending the First Amendment constitutional right to anonymous speech. However, in appropriate cases, when that speech crosses the line and enters the arena of wrongful misconduct, we stand ready to assist.
Law Blogs
Nissenbaum Law Blog

Internet Defamation Law Blog

What is the current legal status of Europe's "right to be forgotten" doctrine as it relates to Internet defamation? READ FULL POST

May statements made in the course of an ongoing fraud investigation be defamatory? READ FULL POST

What is the standard for a private person to sue a public official for defamation? READ FULL POST

Can a lawyer speaking for a client sue when a newspaper misquotes what she says? READ FULL POST

Does a person have to show that his reputation was harmed to bring a lawsuit for per se online libel or slander? READ FULL POST

An Internet service provider is generally protected from liability for defamation by the Federal Communications Decency Act. READ FULL POST

Court orders that the identities of anonymous Internet posters be disclosed. READ FULL POST

A professional negligence policy will not necessarily cover a related defamation claim against the insured. READ FULL POST

Consumer reviews: A form of permitted defamation? READ FULL POST

New Jersey proposes Social Networking Safety Act. READ FULL POST

Internet Law Info Blog

What are the dangers of cloud computing? READ FULL POST

Where does the injury occur when books copyrighted by a New York publisher are uploaded onto the Internet by an out-of-state entity? READ FULL POST

What must be alleged to state causes of action under the Computer Fraud and Abuse Act and the New Jersey Consumer Fraud Act? READ FULL POST

Is the State of New York's tax on Internet transactions constitutional? READ FULL POST

Can an employer legally check an employee's password-protected social networking site? READ FULL POST

Do bloggers have to disclose their courses? READ FULL POST

Internet advertisement on a passive website is not generally a basis for personal jurisdiction in a lawsuit. READ FULL POST

The DMCA does not bar the unlocking or jailbreaking of mobile phones. READ FULL POST

Waiver of liability clause is overcome by a search engine victimized by gross negligence. READ FULL POST

The innocent purchaser defense as it relates to acquiring domain names. READ FULL POST

The confines of a cybersquatting claim: Western District of New York case emphasizes limitations. READ FULL POST

New York imposes education requirement relating to Internet safety. READ FULL POST

 
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