Cyber law and Information

Archive for the ‘Cyber Crime’ Category

Cyber law in education is an issue that is ripe for scholarly research and analysis.  The importance of this topic is growing exponentially with the meteoric rise in social networking and other online forums which are becoming a primary source of interaction among school aged students. One result of these “virtual” relationships is a blurring of the lines of jurisdiction for disciplinary responsibility. At what point do a student’s actions fall outside of the authority of his or her school?

When the student uses school equipment on school grounds the analysis is very clear, but case law has created a continuum that defies any objective definition of where that jurisdiction ends. Similarly, at what point does a teacher or administrator’s actions leave the authority of their employer and become protected by their right to privacy? The question of jurisdiction must be addressed before meaningful processes can be implemented to counteract the damage that online actions can have on the school system.

The harms that are caused at the hands of students through cyber actions include marring the reputation of teachers and administrators, harassing other students and threatening the security of testing and other educational information. Similarly, educators often cause harm through their own cyber actions by using online forums in an inappropriate manner to the detriment of their school or district.

These actions may compromise the safety and morals of their students and affect the integrity of the educational system itself. Yet any restriction on these actions runs the risk of violating constitutional rights of free speech and privacy. Needless to say, there is a careful and ever-evolving balancing process that needs to be maintained in this area of law. And the decisions of our courts and enactments of our legislatures must be monitored and influenced by educators and education law experts.

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Recent surveys show that almost one out of every for relationships began on an Internet dating site. So like it or not Internet dating is here and a major factor when it comes to dating and finding a romantic partner. There are many benefits to online dating but also many new dangers. Dangers that someone who is just reentering the dating scene may not even consider. But if you are considering using an online dating site you should educate yourself on the pitfalls and the steps you can take to protect yourself.

Online dating sites provide many new opportunities and conveniences. For instance a person interested in finding a potential mate can take advantage of the search features these web sites offer. They can search out a mate based on certain criteria they are seeking in a mate, such as height, weight, religion and geographic location. You can even set the search features to find a date that shares common interests or hobbies. In addition to the search features many of these web sites also have a browse feature. With this feature a person can just browse through pictures until they find one that catches their eye. They can then click on that ad and read the profile information to see if that person is a good potential match.

While these features offer convenience and instant gratification to a person that is seeking a relationship. These same types of features will also appeal to a cyber stalker. A person that has stalking tendencies will also use these search features to seek out a potential victim. Likewise they will also use the browse feature to view pictures. This could turn into an obsession for a person with certain personality traits that could be categorized as stalking behavior. Make no mistake, posting pictures and personal information on the Internet does expose you to a cyber stalker.

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The FBI has a convenient online Cyber Crime form for victims and/or the 3rd party to the complaint that is an easy-to-use reporting mechanism. A partnership has been formed with the FBI’s Internet Crime Complaint Center (IC3 formerly known as the Internet Fraud Complaint Center IFCC) and the National White Collar Crime Center (NW3C) for the combined objective of identifying and bringing to justice those responsible for online internet fraud.

The FBI-IC3′s stated Mission regarding Cyber Crime is “to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime.” The IC3 provides the victims of cyber crime with an online reporting form that will be used to alert authorities of suspected criminal or civil violations. IC3 also provides their law enforcement partners and regulatory agencies at the federal, state, local and international level the internet related crime with information gathered through complaint forms to this centralized referral system.

In addition to partnering with law enforcement and regulatory agencies, it will remain a priority objective of the IC3 to establish effective alliances with industry. These alliances will enable the IC3 to leverage both the intelligence and subject matter required in identifying and crafting an aggressive, proactive approach to combating cyber crime.

IC3 accepts online Internet crime complaints from either the person who believes they were defrauded or from a third party to the complainant can best be processed if accurate and complete information accompanies the complaint. Provide the following listed items and any additional information when filing a complaint at website: http://www.ic3.gov/complaint

· Your name

· Your mailing address

· Your telephone number

· The name, address, telephone number, and Web address, if available, of the individual or organization you believe defrauded you.

· Specific details on how, why, and when you believe you were defrauded.

The internet is often deemed to be like the Wild West. It is viewed as a lawless region where people can act outside the laws of the land. This is not the case. The jail sentences handed down to a number of individuals who tweeted or posted Facebook messages about the riots in England in August clearly illustrate that there laws governing what can be posted online carry real consequences. Breaking the law online is as serious as breaking the law offline.

The law that the social media users broke was the Serious Crime Act 2007. Although the law was not set up to cover the use of social media, the use of social media was much lower in 2007 than it is now, the law of the land applies online to the same degree that it does off line.

The Serious Crime Act 2007 states that either “intentionally encouraging or assisting an offence” or “encouraging or assisting an offence believing it will be committed” is viewed as being as serious as carrying out the act itself. So if you post a Facebook message encouraging people to riot and loot then it viewed the same in the eyes of the law as if you were rioting and looting yourself.

Defamation and Libel Online

Defamation and libel laws apply to the online world in the same way that they apply to more traditional forms of print media, TV and radio. If you slander someone online without being able to prove it then you can be open to being sued for libel.

You may think that something you post about an individual of company may well be lost in the billions of webpages in cyberspace. This is not the case as many individuals and companies actively police what is said about them online. Many will issue civil proceedings if they feel the statements are defamatory.

The cyber smearing does not have to take place on a website you own for you to be open to being sued. If you have smeared someone using social media, message boards, forums, review sites, auction sites or email then you are open to being pursued for libel damages.

You also do not need to be the originator of the rumour. If you simply repeat the allegations then you can be sued. It is very foolish to just repeat allegations without double checking that they are true. A re-tweet of somebody else’s link to a post about a rumour can place you in line for being sued. It is also worth noting that you cannot defame someone using their nickname and thing you are safe if the nickname is well known by the public.

Attempting to hide behind an anonymous username is also no protection from the law.

Difference between Slander and Libel

A landmark ruling in August 2008 by Mr Justice Eady drew a distinction between de Defamatory comments on internet bulletin boards and forums and those published within articles on websites. The Judge stated that those on internet bulletin boards were more likely to be slander and not libel.
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