Showing posts with label cyber law. Show all posts
Showing posts with label cyber law. Show all posts

Friday, May 22, 2009

Sue Scheff: ReputationDefender Helps Support Nikki and Needs Our Help Too


When a family loses a child, I can’t even imagine the pain they endure. How they wake up the next day, how they feel, what they feel and how they go on with life. When a family loses a child in a tragic accident it seems it could only compound all the feelings of loss.


On October 31, 2006 the Catsouras family experienced the nightmare every parent fears - losing a teen in a tragic automobile accident.


The accident was the beginning of an emotional roller coaster. If you haven’t heard about this story, it is time to take a moment and help make a difference. Nikki Catsouras, after having a horrific car accident was dead on impact, the scene was described as shocking as Nikki’s head was nearly decapitated.


Can you even imagine as a parent, learning of this? Can you imagine living through this? As a parent advocate and a parent of two young adults now, I couldn’t even begin to imagine what this family has gone through.


What follows next is nothing short of evil, in my opinion. Shortly after Nikki was buried, her parents and sisters still in mourning, the Internet creeped into their lives in the most heinous way. Photo’s of Nikki’s crime scene were posted online! Yes, their daughter’s body, or what was left of it, was going viral! Where is justice? Who in God’s name would do this?


Please take a moment to read “A Tribute to Nikki Catsouras” and sign the petition to help create reasonable protection for personal privacy on the Internet.

Wednesday, March 4, 2009

Sue Scheff: Slimed Online? Call ReputationDefender!


Yesterday my co-author, John Dozier and I, announced our exciting new book that will be released in fall 2009 from Health Communications, Inc. Then I read this article that I could really identify with. Slimed Online from Portfolio.com.


Michael Fertik, CEO and Founder of ReputationDefender, was powerful force in helping these women fight for their online image. As a client of ReputationDefender, their services are priceless - although there seems to be many of these services popping up now, as the demand grows, I feel that in my experiences, the pioneer of these online reputation management companies start with ReputatationDefender.


Our new book, Google Bomb, will be a must read for anyone and everyone that works and plays online. From protecting your online profile and reputation, to keeping your kids safe, this new book is a must have - and can potentially help you from being a victim of wicked and evil keystrokes.


Years ago gossip was limited to a geographically area that you live in. Today gossip goes viral worldwide! Your one former friend is now a foe or a few clients out of years of a reputable business have decided to take revenge via e-venge! Take cover, Google Bomb can help you protect yourself.

Friday, February 27, 2009

Sue Scheff: Michael Fertik - Specialist in Online Defamation




The Law as an Accomplice


Legal experts, however, emphasized that the law protects Web sites like Topix. Even if the comments are considered defamatory by a court of law, Topix has no legal obligation to take the content down.


Defenders of the legal landscape argue that a change could stifle open discussion and free speech. But others maintain that in stories like this, regardless of who emerges, once the veil of anonymity is lifted, it is the law itself that is a co-conspirator."The law as it currently stands is an accomplice because it creates no incentive whatsoever for Web sites to review or police themselves from content that is potentially devastating to real people and real lives," Michael Fertik, a lawyer who specializes in online defamation, told ABCNews.com.


Part of the problem, Fertik continued, is that laws that made sense at the birth of the Internet age have not matured. It takes years to redress online defamation problems under the present regime. But, in the meantime, libelous comments easily found through search engines can sideline both personal and professional lives.


Although privacy and free speech advocates worry that changes to the law could "chill" online speech, Fertik argued that "the law can easily catch up without destroying speech."But until then?


"The law provides the red dye for the scarlet letter," Fertik said. "It provides the ink for the tattoo that people create on Web sites like this."

Friday, August 15, 2008

(Sue Scheff) The INTERNET - Has it Become a WEAPON for some?

Since winning my unprecedented lawsuit in September 2006 - with a jury verdict for damages done to my family, my organization and myself - over $11M - I am contacted on a daily basis from other victims of Internet Harassment, Abuse, Slander and Defamation.

This is a growing problem with today's expanding Cyberspace and more and more businesses being rated online. It has been stated that many time that many clients, when they seen negative posts on someone or a business, will usually not take the time to find out if it is Internet Gossip or fact.

I have heard from small business owners who have filed bankruptcy, struggling professionals that had one client or former employee take revenge with the keypad, as well as potential job applicants not getting a job after a firm did an Online Search. This is becoming a serious problem and needs to be addressed.

For those that believe that free speech will condone defamation, think twice - and read about my case. This is not about free speech - this is about people intentionally and maliciously destroying others with a few keystrokes in what is being called E-Venge.

I continue to answer as many emails as I can hoping to give others the support in the fact they are not alone.

Tuesday, July 29, 2008

Bullying and Cyber-Bullying Prohibited under Florida Law


Source: Internet Business Law Services


Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008. The law is called "Jeffrey Johnston Stand Up for All Students Act" (Fla. Stat. section 1006.147), named after Jeffrey Johnston, a 15-year-old boy who committed suicide after being the object of bullying, including Internet bullying, for two years. This new Florida law prohibits bullying and harassment of any public K-12 student or employee, and requires public schools to adopt measures to protect students and employees from the physical and psychological effects of bullying and harassment.


The Florida Senate, quoting to a report by SafeYouth.org, stated that "bullying behavior can involve direct attacks, such as hitting, threatening or intimidating, maliciously teasing or taunting, name-calling, making sexual remarks, and stealing or damaging belongings, or more subtle, indirect attacks such as spreading rumors or encouraging others to reject or exclude someone." It also stated that bullies are four times more likely than non-bullies to be convicted of a crime by age 24, with 60% of bullies having at least one criminal conviction.

Thus, this Florida law is considered a safety measure for schools and the Florida community. Section 1006.147, titled "Bullying and Harassment Prohibited," proscribes bullying and harassment in Florida's K-12 public educational institutions; in any educational program or activity conducted by an educational institution; or through the use of data or software accessed by a computer, computer system, or computer network of a K-12 public educational institution. Hence, using the school e-mail network, even while at home, to bully or harass other students is prohibited by this Florida law. The law expressly defines "bullying" as the act of systematically or chronologically inflicting physical harm or emotional distress on a student. The law also provides examples of conducts that may result in bullying:

1. Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual or racial harassment;
9. Public humiliation; or
10. Destruction of property.

Harassment is defined as any verbal, written, or physical conduct that threatens, insults, or dehumanizes public school students or employees. Written harassment includes those committed through electronic means and the use of computer software. The conduct must be sufficient to place the student or employee in reasonable fear of harm against him or his property; and sufficient to interfere with the student"s school performance, opportunities, or benefits. The Florida anti-bullying law also penalizes those who induce or coerce others to bully or harass public school students or employees. Students, parents, volunteers, or employees that promptly and in good faith report bullying acts will be exempted from civil cause of actions against them.

The Florida anti-bullying law also mandates each school district to adopt a code of conduct against bullying and harassment by December 1, 2008. This code of conduct must protect all students regardless of their status under the law but the school districts are authorized to create student categories when drafting their school policies. In any event, the code of conduct must include a general prohibition of bullying and harassment; a definition of these terms; an expected student conduct and behavior; description of the consequences of falsely and wrongfully accusing others of bullying and harassment; the procedures for reporting bullying and harassment incidents, including anonymous reports; a procedure for the prompt investigation of these acts; a procedure to determine whether the acts are within the district school system; a procedure to notify parents and criminal authorities; a procedure to refer victims to counseling; among others.

The Florida Department of Education affords an additional protection for victims of bullying and harassment by, first, monitoring district school activities, including transportation, through permanent collection of data (24 hours a day, 7 days a week); and second, enhancing the School Environmental Safety Incident Reporting System (SESIR). This program allows district schools to report bullying activities and conducts an annual database management workshop.

The Florida anti-bullying and harassment law is definitely well received and the first intent to control youth behavior, including Internet behavior. Yet, questions arise as to the consequences incurred when violating this law. It is not clear under the text of this law whether its violation merely includes school disciplinary actions or whether subsequent criminal actions will be sought. This is an important question whose answer is yet to come.

Law and sociology have been close partners for centuries; another important question is where are the parents parenting? A sociological answer to this question might take us to the genesis of most bullying and harassment problems which is essential for state legislatures and school officials.