Do Fake Friend Requests on Social Networking Sites Constitute Stalking?
Violating a protection order that prohibited contact with another person, a teenager made a MySpace friend request to that person and has now been charged with criminal contempt. In this case, no contact means no contact. Regardless of a recipient’s ability to ignore or refuse a friend request, the request constitutes a contact.
However, the bigger issue is to what extent making friend requests on social networks to those who don’t like you can constitute cyberstalking or harrassment. At what point does making such requests cross the line from real social networking to a cause of action or even criminal charges? This isn’t an academic debate. As we’ve seen recently, the results can be devastating (including suicide) when fake profiles are used to become cyber-friends on social networking sites and then applied to manipulate or abuse an unsuspecting victim who doesn’t know the malicious intent behind the online relationship.
Unfortunately, the nutcases who do this type of thing will lead to occasional public outrage and bad laws being passed by politicians who haven’t a clue how to surf the Internet, let alone be able to use MySpace, Facebook, Linked-in, and other sites. And there will undoubtedly be civil suits by personal injury lawyers looking to make a buck.
One would hope that netiquette would rule the day so that everyone would play nice online. Human nature being what it is, that isn’t going to happen. The social networking sites are able to police themselves to mitigate the damage that can be caused by fake “friends.”
Social Networking Research Can Protect Your Business
Andy Bourland makes a great point that social networking sites (such as Facebook, Linked-in, and MySpace) provide the advantage of creating relationships online in a way that one-way correspondence using an autoresponder service to a mailing list cannot.
Yet that’s just part of the picture.
These sites are an essential part of doing your online due diligence before entering into a business deal with someone. For you not only learn about common ground but also fatal character flaws that will prevent you from doing a joint venture (JV) deal, writing a testimonial, etc.
Let me give you two examples. Real names will not be used in order to protect the identities of those involved.
Mr. X has a great software product and he’s looking for JV partners to bankroll and promote it. A review of Mr. X’s Meetup groups shows that this married man has joined several singles groups. Whether or not you agree with adultery, Mr. X has just told you that his home life is unstable. Want to invest your time and money in a business venture that will blow up because of divorce? Just because he plays with fire is no reason for you to get burned. In fact, knowing about his messy personal life, you’re unlikely to recommend him to your friends.
Ms. Y is considered a successful Internet marketer, published author, and public speaker. Imagine your shock upon visiting her MySpace profile (yes, it really is her profile) and discover that the profile is sexually explicit with a swingers theme. Once again, it isn’t a matter of passing moral judgment. It is a matter of questioning her business judgment. Do you want to do a JV deal, or even have your name associated by a testimonial, with Ms. Y? How will your association with Ms. Y affect your business?
In sum, take advantage of what’s available through social networking to avoid the pitfalls of doing business with someone who can hurt your pocketbook or reputation.
