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Computer Law/personal defamation of character

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Expert: - 2/22/2008


Question
QUESTION: can my wife sue her ex-husband for posting a document and links to it on the internet. it is extremely damaging to her reputation. there were such remarks as...."crack whore". that was unfortunately one of the less degrading comments. please help if possible. p.s. is there a way to have it removed or blocked from the internet?    thanks

ANSWER: Hi Tim,

Anyone can sue anyone for anything. I think in this case you could sue for mental anguish and personal reputation damage. And probably have a decent case.

This is sometimes covered by your state criminal laws for "Cyberstalking or Cyberbullying". It is a very grey area and needs to be looked at on a case by case basis.

First you need to research your state laws and see if this is actually reached the criminal level, if that is the case you would notify your local police department and they would get involved. But before you do that you should make a copy of the website (save them as files using the save feature of your browser) in case he tries to take it down once he learns your looking at these things.

You can find out your state laws at www.findlaw.com, its the best site for legal research I have found and use it all the time.

If you tell me what state your in, I may be able to help you find it.

Sorry for your troubles, I know what a pain this can be to the people involved.

---------- FOLLOW-UP ----------

QUESTION: We are in Alabama.

Answer
Hi again Tim,

Thanks, here is what I think applies in your state law:

Section 13A-11-8
Harassment or harassing communications.

(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

I think you can call the police and report the problem, and you have grounds for a law suit.

Good luck.. Glad I could help..

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Chris Wagoner

Expertise

I can answer questions concerning Computer Crime Investigations and Internet investigations including Computer Crime Laws both at the State level and Federal level. I can answer questions on almost any crime in which a computer is used. In addition I can answer questions concerning copywrite infringement (peer to peer, and copying). I served as a police Commander and conducted and still conduct Computer Crime Investigations at the Local, State and Federal level. I have investigated all most any kind of crime with which or which involved a computer and the internet, from murders, kidnappings, extortion, drug dealing and more. I can answer questions concerning Computer Forensics (the art of recovering information from a suspects computer), Computer Crime Investigations and Internet Investigations. I am a Federally Court Recognized Expert in Computer Crime and Computer Forensics. I have worked in both Facebook and MySPace, also in Peer to Peer investigations. In addition I can answer questions concerning child predators and how to make your children safer on-line. I teach Computer Forensics, Internet Investigations, Peer to Peer Investigations and other computer crime related subjects for several colleges and the Institute of Police Technology and Management. My hobby webpage - Military Videos - http://www.youtube.com/user/3rdID8487

Experience

I conduct computer crime investigations in conjunction with the F.B.I., Alachua County Sheriff’s Office, Gainesville Police Department, and University of Florida Police Department, Levi County Sheriff’s Office, Starke Police Department and other agencies in the North Florida Court District. I provide the forensic data recovery services for those agencies as well as internet tracing and information gathering. I am a Federal Court Certified Expert in Computer Crime Investigations and Forensics. I teach Computer Forensics for the University of North Florida, Institute of Police Technology and Management. I also teach Computer Crime courses for Tallahassee Community College, Pat Thomas Law Enforcement Training Center. Associate Instructor; teach Computer Crime courses thorough out the world for IPTM. Presently Teach Cyber Crime Investigations, Computer Crime Investigations and Computer Forensic Data Recovery Course.

Education/Credentials
2 Degrees in Criminal Justice, now teach college level Data Forensics classes

Awards and Honors
Awarded the FBI Directors Award for assisting the FBI in a National Computer Crime Investigation. Awarded Dec 2002

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