Comments on: Online Harassment: New Texas Internet Law Goes Into Effect

By: Mike Young

Mike Young — Wed, 10 Mar 2010 03:24:04 +0000

Karin,
Rights and remedies in these types of cases vary by jurisdiction. Consult a qualified attorney in your province. You can then decide whether to pursue remedies based upon where you’re located and/or in the state of the individual who is impersonating you online.
Best wishes,
-Mike

By: Mike Young

Mike Young — Wed, 10 Mar 2010 03:22:20 +0000

I don’t practice criminal law. Consult with a local lawyer who handles both civil tort and criminal defense cases. That lawyer will be able to help you determine remedies under both civil and criminal law. You can then plan a course of action that makes the most sense to you under your particular circumstances.
Best wishes,
-Mike

By: Karin Hiebert

Karin Hiebert — Wed, 10 Mar 2010 01:01:10 +0000

Mike,

I am going to assume you know about the Fake Karin Hiebert Blog that was put up by an internet marketer / copy writer who had an issue with me.

Could you please comment on that… as far as someone doing something like this…

a simple google search on my name brings up the fake blog any time someone searches my name.

Thanks,

~ Karin Hiebert

By: Gary Peak

Gary Peak — Tue, 09 Mar 2010 23:39:41 +0000

I have a situation where Ex spouse posted SS and drivers license and a ton of other stuff on web site and links to site in several other places, one AARP social forum. I found one federal statute I believe makes it a criminal offense, but what information can you add that might help. I tried to make it fit under the 33.07 language but it would be a stretch. Thanks

By: Annonymous

Annonymous — Mon, 22 Feb 2010 05:14:06 +0000

About a year ago I was harrassed by a friend and her friend. I was living with my friend and she kicked me out. Well I ended up moving away from Texas. After some time I have come to find out that my license # has been used in various places and that my social has also been used, but these things have been non malicious, apparently. These people had access to my information when I was living there. Now, I will admit, that when I realized that my personal information was being used I did text and pretty much was mean but non threatening. Anyways I live in another state and there has been a rumor that I went back to Texas and now I have been informed by them that they have called the authorities on me. I loan my computer to my neighbors friends pretty much anyone that needs it and I don’t control what they do. I am not quite sure what the allegations towards me are but I am too far and too busy to deal with them. Well I can’t get any info from the authorities and I would like to know what I can do about this issue. Please advise

By: Mike Young

Mike Young — Wed, 17 Feb 2010 16:03:21 +0000

Barbie,
You and your friend need to make an appointment with your local law enforcement. Take a copy of the new law with you because some law enforcement officers are not aware of its existence. Take all of your documentation too.
You and your friend should also consult with a local attorney about possible civil remedies you may have against your harasser too.
Best wishes,
-Mike

By: B. Parker

B. Parker — Wed, 17 Feb 2010 01:31:04 +0000

Mike, this new law was just brought to my attention by a friend of mine who has also been a victim of the person that is harassing me. I am trying to figure out the first step that needs to take place, whether I go to the police to file a report against her, or do I need to go to an attorney and file through the courts. The person has harassed me for the past year through email and Facebook. I am a school teacher and as you know, most school district just hope that the matter passes on with the least amount of problems. The person has tried for almost a year to get myself and my assistant directors fired, by way of false accusations and flat out lies. Her daughter is now graduated and she still attempts to harass me. I would have filed libel and defamation on her last year however It would have been very hard to prove damages, especially monetary – unless she would have succeeded in getting us fired. She is known throughout the city for her cyber bullying to both adults and children. This past week I feel she finally stepped over the line, especially with the new law in place. She sent me and email in which she made up an email address but in another persons name. I know the person well and he is so distraught over what she has done. She has harassed him as well as many others. She sent me the email knowing I would open it as I only saw my friend’s name on the top. My question is: Do I have grounds to file against her with the new law since she sent me the harassing email, or does the person in which she used his name to make the email account have to file and/or can we both file together? I know she would probably only be getting a Class A Misdemeanor as it seems to fit under (b) emailing that refers a name etc without consent, with the intent to make me believe it came from the other person and intent to harm or defraud us. I would love to hear from you to know if you think I could do something to help stop this person from hurting others.

I have done some research and I know her IP address, her computer Domain Signature Key as well as the provider of her service for Internet. I also have enough emails and witnesses to fill a 2 inch binder.

Thank you, Barbie

By: Mike Young

Mike Young — Mon, 14 Dec 2009 11:32:25 +0000

See the police for any threats of violence made against your or your friend. Consult a defamation attorney regarding any civil claims you or your friend might have.

Best wishes,

-Mike

By: fearful

fearful — Sat, 12 Dec 2009 19:01:09 +0000

Is there any repercussion if an ex-boyfriend is threatening your friends? Mine just sent a male friend of mine an e-mail saying he had contacted that friend’s employer with defamation. The e-mail was also very threatening. Could I take action or would my friend have to be the one?

By: News stories the mainstream media missed 11/21/09* | Royce Eddington

News stories the mainstream media missed 11/21/09* | Royce Eddington — Mon, 23 Nov 2009 15:50:06 +0000

[...] * Texas has a new online anti-harassing law that kicked in September 1. This ought to be interesting. Check out the first part of the law… “A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site : (1) without obtaining the other person’s consent; and (2) with the intent to harm, defraud, intimidate, or threaten any person. (b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person: (1) without obtaining the other person’s consent; (2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and (3) with the intent to harm or defraud any person.” The bold italic part is my emphasis. This is where a LOT of people are going to get popped. [MIKEYOUNGLAW] [...]