Cyber Law

Online Pornography and the Law

This article examines laws, regulations and case law related to online pornography in selected jurisdictions to assess their effectiveness and limitations.1 The United States and online pornography"There have been many attempts in the United States to regulate online pornography, although not all of them have been successfully implemented".1.1 The Communications Decency Act (CDA), 1996The CDA was the first federal law to impose significant constraints on internet communications. It imposed criminal sanctions on anyone who:knowingly (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, i

Read More
Cyber Law

Taking a Bite Out of “The Twilight Saga: Breaking Dawn” So Called Casting Call

The Twilight Saga: Eclipse certainly took their own big bite of awards at the 2011 People Choice Awards. Stars Robert Pattinson, Taylor Lautner and Kristen Stewart were chosen by the people for best Movie, On Screen Team and Drama Movie.With such a popular movie, it's no wonder that Twilight fans would jump at a chance to be part of a movie. Extras for the first two movies comprised of a few lucky locals from where shooting was taking place as well as aspiring actors with resumes to push. The next reported installment in the popular Twilight Saga series will be "Breaking Dawn" and many fans are dreaming of a chance to be an extra on the next movie.Some fans believe they've found their chance when they get email messages or see ads on Twilight fan sites. Here's an example of a call for extr

Read More
Cyber Law

Data Protection As a Website Liability Issue

The much publicized lawsuits against Target arising from hacked breaches into its consumer credit and debit cards records is only the face of a rising trend of data protection lawsuits. Website liability today is no longer limited to what is on your website. It also includes the private data not publicly available.Have you wondered how a spammer obtained your email address? Often it is the result of a website being hacked and email addresses stolen. That type of activity is now leading to lawsuits against website owners by consumers who rightfully demand that their personal information be protected.The legal question that arises is - was the website negligent in maintaining, storing, and protecting private data?When a hack occurs, no matter how sophisticated, the answer is likely to almost

Read More
Cyber Law

Is It Possible To Identify An Anonymous Facebook Stalker?

If you are the recipient of unwanted attention from a stalker on Facebook it is possible to locate an identify that Facebook stalker. That is even if all of the information they used to create the account is fake and they only set up the account to harass you.Believe it or not this is an extremely common problem and question. So in this article we will try to address this question and also offer some advice on how to deal with a Facebook Stalker.Step 1. Do not respond or reply to the stalker in any way. Do not acknowledge them.Step 2. Document all of the stalking activity. Take screen shots and download to a disk and also print out every message or comment directed at you or your friends. You can even use a video camera to record the online activity along with a personal narration.Step 3

Read More
Cyber Law

Point and Click – The Electronic Contract

Many times...and in many instances, "Point and Click E-Contracts" are the equivalent of pen and paper agreements. The advent of "Cyber Monday" has holiday shoppers running to their PC's with the anticipation of obtaining - oh yeah, it's legal - bargain basement purchase power via the Internet.The latest phenomenon, launched on the heels of "Black Friday," is concurred and supported by merchants, vendors, and the mass media. In the turmoil of today's economic woes, I see this as another burden on the consumer at large. "Diamonds are a girl's best friend!" Television commercials electronically blast this one with a vengeance. "Fella's, please...they're telling us that we will not score with the ladies, your significant other, or a sexual encounter/experience if you don't buy her a new diamon

Read More
Cyber Law

Protect Your Classified Documents in the Wikileaks Era

IntroductionIn autumn of 2010, a controversial whistle-blowing website by the name of Wikileaks was at the top of the headlines after it posted close to 90,000 classified military documents to the public internet domain. The incident not only lead to an international diplomatic crises among allied and non-allied countries and prompted a global man-hunt for Wikileaks Director Jullian Assange, but it also exposed the vulnerability of the most secured information in the world. The public reaction to the Wikileaks was split down the middle. According to the Pew Research Center for the People & the Press, 47% of Americans felt that the incident hurt the public interest while 42% said that it helped the public interest. Interestingly enough, there was also a clear division between age groups: wh

Read More
Cyber Law

Cyber Bullying – The Curse of New Age Technology

The technological abuseWith the emergence of technology, computers, laptops, tablets and Smartphones have become a part of our everyday life. Today, literally no individual can stay without these gadgets. The communication sector has revolutionized in the past few decades sort of shrinking the whole world. The internet web has enabled the far ends of the earth to connect with each other just at a click of a button. The social media networking has further helped the people to connect with each other from different locations of the globe, know about themselves and establish a friendly bond for a lifetime. These sites and platforms have even helped the people find out long-lost friends and family members and brought them together again. But along with the benefits, the new technology has come

Read More
Cyber Law

Web Hosting Services And Defamation Law

Generally, a hosting provider or a domain name, is not liable for defamatory content that is on the website or the domain name. However, web hosting providers can be liable for defamation in certain limited circumstances.§230 of the Communication Decency Act of 1996 provides that; "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."There are various cases where the court has found that §230 does not apply. For example, §230 does not expand or limit otherwise applicable trademark law. In the case of Hall v. Mindspring, where Gucci sued Mindspring, a web hosting provider to take down content the violated the Gucci trademark, and informed Mindspring that the website hosted by

Read More