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By Dick Wilde
Revenge. Payback. The opportunity to even the score with someone, or
something,
you think has screwed you. Who amongst us has not at one point or another
entertained thoughts of sweet, searing revenge against an enemy?
Not so long ago, the most popular and immediate means of revenge for both
adults and children was the crank phone call. Remember crank phone calls? The
late-night harassment, the awkward silences, those climactic hang-ups. Simple
and effective, sure, but these days completely passé. I mean, crank
calls are so analog, so yesterday and so easily traceable...
Today, many folks are flocking to a new and enormously gratifying means of
extracting revenge, '90s style the Web page! It's the digital way to
satiate an age-old desire. And instead of reaching just a handful of targets,
your Web page has an immediate global audience of millions, all capable of
absorbing your anger and vitriol, all in real time. Vicious marital disputes,
for example, are now being played out online a woman recently posted a
Web page describing her ex-husband as a scumbag who wasn't paying his
child support, and provided his telephone number so angry readers could reach
him directly.
Best of all, thanks to Web homepage-building pioneers like
Tripod,
AOL, and
GeoCities, you can have your revenge
page online in a matter of minutes, complete with images and hyperlinks, for
free. Sound too good to be true? It is.
Sure, revenge might be sweet. But post your angry diatribe on the Web for the
world to see and you are exposing yourself to an existing body
criminal
and civil of law which may very well result in your criminal
arrest, or
worse: your financial destruction at the hands of a civil court jury. Need
some
proof?
Recently, two Florida teenagers posted a Web page attacking their high school
band teacher, alleging, amongst other things, that he was "a queer." A
criminal
complaint was promptly filed and local police soon arrived at the teenagers'
homes and arrested them.
California gossip columnist Matt Drudge, author and publisher of the
enormously
popular Drudge Report
reported in his August 10 column that Clinton White House Aide Sidney
Blumenthal "has a spousal abuse past that has been effectively covered
up." The
allegation was unproven, and Blumenthal and his wife immediately filed suit
against Drudge in a $30 million libel case which promises to play out over
many
months and rack up huge legal expenses on all sides.
The moral of all this? Anything you post on the Web can be used against
you
in a court of law. The applicable laws involved include libel,
defamation,
and invasion of privacy. Many local and federal courts have chosen to hold
statements published online to the same standard as statements published in
print, thus exposing Web publishers to potentially strict criminal and civil
penalties and judgements.
How do you know what is a libel on the Web and what is not? How do you
know if
you have a cause of action against someone who has published something on the
Web about you? In coming weeks, I'll discuss these legal definitions, along
with some important information about legal jurisdiction that
crucially
important legal issue which establishes which courts (and where) have the
authority to prosecute you. (Hint: You can be legally compelled to
answer charges almost anywhere in the country for something you post on
the Web.)
In the meantime, here are some useful resources which will provide some
definitions and background on what you need to know before you go cyber with
your grudge. Check out:
Libel & Slander:
Excellent legal definitions and guidance from the folks at freeadvice.com.
Cyberlibel The Web Site: The
name says it all!
The New York
Times CyberLaw Index: Excellent news coverage of the latest cases and
issues in online defamation, libel and other revenge-related confrontations.
Dick
Wilde was once Tripod's Production Manager. He is an international lawyer
who holds both American and European legal degrees, and has practiced in
Austria, The Netherlands, and the United States.
Illustration by Federico Jordan
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