On Tuesday, 6 January 2015 13:57:23 UTC+11, Kinpa wrote:
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Kinpa quote RE::
BRING IT THEN~!!!! as I said, I've been waiting several weeks now, and have yet to be contacted by anyone from Google! I also work with several police officers in my area of the world working on internet crimes, and what YOU have, is a whole lot of nothing! I will continue waiting to see your proofs of how this has caused you bodily harm, or has costed you monies, or anything else other than hurtimg your poor poor feelings, which is NOT illegal ANYWHERE in the world! check, look it up! :o)
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Research, Facts, and the Law
It's the Judge or Jury who that gets to decide the following matters.
Halpern: I'm Mollie Halpern, and this is FBI, This Week. Cyber bullying is when somebody uses the Internet to try to harass or humiliate another person. Supervisory Special Agent Herbert Stapleton...
Stapleton: In certain circumstances, cyber bullying can violate federal law, which the FBI would investigate.
http://www.fbi.gov/news/podcasts/thisweek/cyber-bullying.mp3/view
http://www.ic3.gov/default.aspx
http://www.legislature.mi.gov/(S(rvzzav55vo0zhs45s5dsz5jk))/mileg.aspx?page=GetObject&objectname=mcl-750-411s
http://www.haltabuse.org/resources/laws/michigan.shtml
http://www.ncsl.org/research/telecommunications-and-information-technology/cyberstalking-and-cyberharassment-laws.aspx
http://michigan.gov/documents/publications_stalking_understanding_your_rights_8897_7.pdf
General criminal statutes that apply to bullying and cyberbullying
Depending on the circumstances of the offense, bullying may be prosecuted under any of the following state criminal statutes.
Stalking occurs when a defendant engages in two or more acts that would cause a reasonable person to suffer emotional distress (and that actually causes the victim such distress); or causes fright, intimidation, or a feeling of threat in the victim.
Among other specified behaviors, bullying may be prosecuted as stalking when the defendant repeatedly contacted the victim in person, on the phone, or through other electronic media. (Mi. Comp. Laws Ann. § 750.411h.)
Posting electronic messages without consent deals with "cyberstalking," which includes posting a message without the victim's consent through any form of communication (for example, online or in a text message). To be convicted of this crime, the defendant must have had reason to know that posting the message could cause two or more acts of unconsented contact with the victim, and must have posted the message intending to harass, scare, or threaten the victim. And similar to the traditional crime of stalking, the message must have been one that would harass, scare, or threaten a reasonable person in the victim's position, and actually did do one of these things to the victim.
This law could apply, for example, to a bully posting abusive messages on Facebook, so long as the bully's action meets the requirements explained above. (Mi. Comp. Laws Ann. § 750.411s.)
The Far Reaches of Cyberbullying
Cyberbullying is the electronic cousin of bullying, and can cause even more serious damage because the unique attributes of electronically posted content. For example, when messages or images are posted online, they are often available to anyone with Internet access. And even if they are limited to "friends" (as is sometimes the case on Facebook), it is likely that the victim's real life social group will be connected to the victim in this way, and thus have access to hateful cyber-postings.
Furthermore, data posted online never really goes away (even if it is "deleted"). So while a school-yard incident in front of the same group might eventually fade from memory, a victim of cyberbullying may have to regularly relive the harm and embarrassment of the original post. Indeed, images especially may resurface for years to come, affecting the victim's future social relationships and even professional opportunities (as potential employers are now increasingly using Internet searches as part of pre-hiring screening).
And while a schoolyard bully is usually easy to identify, the Internet offers cyber bullies relative anonymity (for example, through a fake social media user profiles). Behind this kind of shield of anonymity, a bully might be bolder--and crueler--than he or she would dare be if faced with the victim in person.
Free speech
Your right to free speech is protected under the 1st Amendment of the United States Constitution, however you must understand that this is a limited right. Speech that would pose a serious imminent threat to people or property may be legally limited by the state.
But the line between a legitimate expression of opinion and seriously threatening speech is not always as clear and easy to draw as in these examples. For this reason, it is worth exploring a free speech defense, especially if your words or actions were ambiguous enough not to put a reasonable person in fear of harm (discussed next).
Civil Lawsuits
In addition to the consequences stemming from school antibullying policy, and the fines or jail time from a criminal conviction, victims of bullying may often bring a civil lawsuit for the emotional, social, or financial harm caused by the offense. For example, the judge may award money damages to pay for the cost of therapy for the emotional distress caused by the bully.
Talk to a Lawyer
Bullying, whether handled only at the school level or handled in court, can incur serious consequences. If you have been charged with one of the crimes described here (or something similar), speak to a qualified local criminal defense attorney. Only a lawyer can give you legal advice and help you chart your best course of legal action.
Similarly, you may be able to recover money damages if you have been a victim of cyberbullying or a similar offense. A lawyer can advise you about the potential civil causes of action that might apply to your case.
http://www.criminaldefenselawyer.com/resources/cyberbullying-michigan.htm
The crime of harassment (which can include stalking, hate crimes, and cyberbullying) occurs when one person acts in a way designed to annoy, provoke, threaten, or otherwise cause another person emotional distress. State laws and some federal laws identify multiple ways in which harassment can be committed. (For further reading, see The Sedwick Tragedy and Anti-Bullying Laws.)
This means that the prosecutor must show that the defendant did or said something with the intent that the communication would harass the victim. The person may intend to annoy or intimidate the victim, or the words may be designed to provoke a fight.
http://www.criminaldefenselawyer.com/crime-penalties/federal/Harassment.htm
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USA Law
Defamation is the inclusive term, including both slander and libel. In other words libel and slander are both defamation, but libel is printed and slander is spoken.
Stated another way, to constitute defamation the statement must falsely accuse the plaintiff of immoral, illegal or unethical conduct. Generally, the statement must harm the reputation of the person, but in the case of per se defamation, damages will be presumed. This last point is very important, because if a plaintiff had to prove actual damage, the burden of proof in most cases would be nearly impossible.
1. False Statement of Fact
Truth is an absolute defense to a claim for defamation. No one can prevent you from telling the truth, even if that truth harms someone else.
Further, the statement of an opinion generally will not constitute defamation, since it is not offered as a statement of fact.
http://www.toplawfirm.com/whatisdefamation.html
AUSTRALIAN LAW
http://www.austlii.edu.au/au/legis/nsw/consol_act/da200599/
"Defamation occurs where one person communicates, by words, photographs, video, illustrations or other means, material which has the effect or tendency of damaging the reputation of another." That traditional definition is now expanded to cover publication over the Internet.
http://www.australian-defamation-lawyers.com.au/defamation/
Dow Jones & Co. Inc. v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the respondent, Joseph Gutnick. Gutnick contended that part of the article defamed him. A key judgement was that the suit could be brought in Australia.
In a unanimous decision, all seven High Court justices decided that Gutnick had the right to sue for defamation at his primary residence and the place he was best known. Victoria was considered the place where damage to his reputation occurred. The High Court decided that defamation did not occur at the time of publishing, but as soon as a third party read the publication and thought less of the individual who was defamed.
Dow Jones was forced to admit in court that "there was no reason to believe Mr Gutnick was a customer of Mr Goldberg or had any criminal or improper relations with Mr Goldberg." (quote from an Australian Broadcasting Corporation story)
The High Court's ruling effectively allows defamation plaintiffs in Australia to sue for defamation on the internet against any defendant irrespective of their location. "If people wish to do business in, or indeed travel to, or live in, or utilize the infrastructure of different countries, they can hardly expect to be absolved from compliance with the laws of those countries. The fact that publication might occur everywhere does not mean that it occurs nowhere." (per Callinan J at para 186)
http://en.wikipedia.org/wiki/Dow_Jones_%26_Co_Inc_v_Gutnick
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