cyber law: 2010

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Tuesday, October 12, 2010

Cyber Stalking Victims May Know Their Offenders

By Ed Opperman
Not every victim of cyber stalking is accosted by a stranger. In a surprisingly large number of cases the person being victimized may know the person who is harassing them. Many times this unwanted attention may seem harmless enough but just knowing that they have the power to contact you whenever they want can be unnerving. Sometimes this type of stalking occurs when a person has been rejected in person and so they then choose to attempt excessive contact through the internet in an effort to change someone's mind or simply to frighten the person that rejected them.

There are many different ways to learn the identity of individuals who engage in cyber stalking. One such way is with a reverse email look-up. This type of internet investigation allows a person to find out a good deal of information about a person and all that is needed is the email address they are using. Some of the specific information about an individual that may be obtained through this method includes name, address, phone number, place of employment, internet service provider and browser, location and even internet activity. Having this information will make it much easier to stop this type of harassment.

The amount of time it takes to perform a reverse email look-up can be anywhere from 24 hours to 14 days depending on each individual situation. Your best bet is to rely on a professional that is trained in the field of reverse email look-ups and knows what steps to take to obtain information for cyber stalking victims. There are a large number of websites that claim to be able to provide this service free of charge and produce results instantly. The problem here is that this avenue is often ineffective and rarely produces unreliable results, which is why this type of investigating should be left to the professionals who have unlimited resources at their disposal.

Cyber stalking should never be dismissed as harmless. What starts out as seemingly harmless jabber can often escalate into a very dangerous situation. The best way to prevent this is to hire a professional to conduct a reverse email look-up at the first signs of harassment. Waiting too long can be both dangerous and fool hardy as this may result in consequences that could have been avoided by taking the appropriate action in the beginning. Remember that being safe means being cautious and you can never be too cautious.

Cyber Stalking Can Happen to Anyone

By Ed Opperman
Many people think that they are exempt from cyber stalking. The fact of the matter is that anyone can become the target of online stalkers or predators. Stalking can come in many forms and is not necessarily always threatening or dangerous. The actual definition of a stalker is anyone who lavishes excessive amounts of unwanted or unsolicited attention on another person. This is even true of internet attention. Regardless of where this attention comes from it can be considered stalking if it is in fact excessive, unwanted or threatening in nature.

There are many ways to identify and stop cyber stalking, one of which being a reverse email trace of emails received by a particular person. There are licensed and highly trained professionals who can perform this type of internet investigation legally and effectively. Some of the information that may be uncovered through this type of investigation include the name, address and phone number of the person sending the emails as well as the place of employment of that person, what internet service provider and browser was used and what other internet activity this person may engage in including what websites they visit and how often. These investigations often can produce results in as little as 24 hours, however in some cases may take as long as 2 weeks depending on the individual case.

Although there are sources that claim to allow a person to obtain much of this information on their own, it is highly discouraged against. One reason that this is not recommended is because when it comes to the issue of cyber stalking, many of these other methods are often ineffective. It is in the best interest of the individual to leave the investigative process of a reverse email trace up to the professionals who are trained in this type of investigation.

If you are receiving unwanted correspondence from anyone and feel that you may be the target of cyber stalking, the first thing you should do is contact the proper authorities. Many times however, they are too busy to deal with crimes of this nature, which is why an internet investigation may be the best course of action. When you turn to a professional to conduct a reverse email look-up, you know that the information obtained will be reliable and will be collected through legal channels because the investigators that conduct this type of investigation are highly trained and know exactly what they can and cannot do legally.

Internet Investigations Can Give Cyber Stalking Victims Peace of Mind

By Ed Opperman
With the advancement of technology will also generally be followed with a lot more problems that can occur. In the world of computers and the internet, one problem that is becoming increasingly more common is cyber stalking. This problem is becoming so widespread that almost everyone has had to deal with this occurrence at least once. The sad part of this is that many people that are victimized in this way think there is nothing they can do about it. The fact of the matter is that there are a variety of methods which can be used to identify individuals who are at the sending end of this type of harassment.

There are many different methods which may be used to identify individuals who are at the source of cyber stalking. One of the most popular of these methods is to perform a reverse email look-up. This type of investigation can uncover many pertinent details of a person's identity including the name, address and phone number of the sender of a specific email, as well as that person's place of employment. Other important information that may be discovered often includes the internet service provider and browser used to send specific emails in addition to other activities the person engages in while on the internet, such as the specific websites visited.

There are many websites that make the claim of being able to perform the service of a reverse email look-up. These sources are often ineffective and do not produce the expected results from their efforts. The only sure way to get the information you are seeking is to hire a professional investigator who is specially trained in ways of getting this information. The average time needed for an internet investigation such as this fluctuates between 24 hours and two weeks, and is dependent on various factors of each individual case. If there is no information found on the individual suspected of cyber stalking, no fee is charged.

If cyber stalking is a problem that you have found yourself faced with it is important that you do not hesitate in taking appropriate action. The longer you wait the less likely the chances are that an investigation of this type will be effective. Contact a professional today to get the information necessary to effectively stop cyber stalking before the problem gets out of control. It is also advisable that you contact the proper authorities and report this occurrence so that there is a record of what is happening.

Protect Your Internet Experience and AOL Mail From Cyber Stalkers

By Ed Opperman
The World Wide Web is a fantastic tool for individuals to research and learn about an endless number of subjects, as there are many different websites that you can browse through that have some very informative information. It is also a great place to meet new friends that share common interests, get in touch with relatives that you have lost contact with, it can be a work environment, and it can also be a place to have an endless world of fun and excitement. With all of the positive aspects that can be found on the Internet, there is also a downfall. Unfortunately there are numerous cyber stalkers that lurk in many different places on the web, hiding in wait to find a victim to stalk and harass. There are times that individuals are stalked by complete strangers they do not know, but then there are also times that victims receive continuous emails with harassing messages and scary threats by someone that they do know.

Of course the authorities should be notified and a police report should be filed as soon as possible when this is a problem that happens to you, but there is also something else that you can do to stop the activities of cyber stalkers. Contacting an expert that performs reverse email look-ups is a step in the right direction that can provide you with detailed information on exactly who the individual is that seems to be fixated on your messengers and your AOL email account. You can learn the person's full name, the phone number they use as a contact number, the address where they live, and many other pieces of helpful information that will give the authorities everything they need to catch the stalker and identify them.

There are several other procedures that can take several days, or even several months before individuals are able to obtain the data being retrieved. However, with a reverse email look-up, most people only have to wait about 24 hours before the investigator provides them with complete detailed information on the cyber stalker. With cases that are much more in depth, it can sometimes takes around two weeks before you are provided with the information to identify the person who has been causing you so much frustration and fear.

When cyber stalkers are out on the prowl and they have targeted you as a victim of their uncontrollable desires to threaten and harass, filling your email inbox every single day with unwanted messages, contact a professional to perform a reverse email trace.

Cyber Stalking Should Not Go Unpunished

By Ed Opperman
Anytime you turn on your computer and go online you face the possibility of encountering a case of cyber stalking. The important thing is to take action against the person as soon as intimidation begins. Internet stalking has become quite common because it is seen by many as a way of getting away with malicious and sometimes violent behavior. The reason many people continue this attitude is because a large number of victims have done nothing to punish the individuals that are responsible for this type of intimidation and harassment. Every time someone is allowed to get away with this type of behavior it is like sending the message that it is acceptable to act this way.

The problem with this is that cyber stalking is not okay and should never be seen as acceptable, nor should it be allowed to continue. With the technology that is available today there are several ways available to identify the instigators of this kind of stalking. Victims with this problem should use these options to identify and stop online stalkers from getting away with this type of intimidation.

Professional investigators can perform a specific internet investigation known as a reverse email look-up to identify the individuals who are responsible for intimidating people and can provide helpful information to the person being victimized. There are many issues in life that can be cast aside, but cyber stalking is not one of these issues. In most cases reverse email traces are the only way of getting information such as the name, address and phone number of individuals sending threatening emails. Other information that may be obtained through this investigation includes the person's internet service provider and browser information, where the person sent the emails from, and even where the person works. This information can then be used to take whatever action is necessary to stop the harassment from continuing.

Reverse email look-up usually takes between one day and two weeks to be performed properly. This process should not be confused with the numerous websites that claim to be able to get the information instantly. These websites generally are not very effective and information is often inaccurate. The best course of action you can take is to trust a professional investigator who is trained and highly skilled in performing effective reverse email look-ups. Don't let cyber stalking go unpunished. Contact a professional today and learn how you can take care of this serious problem.

Cyber Stalkers Often Escalate to Sexual Predators

By Ed Opperman
Many individuals do not take cyber stalkers seriously because they do not consider this problem to be very serious. After all what can a person do to you through words on a computer screen? Because of this belief many of these individuals simply delete the unwanted emails they receive from these individuals and often don't think much more about it. What these people fail to realize is that this can be a very dangerous practice. Many people that begin stalking in cyber space do so because they are not yet confident enough to attempt to intimidate someone in person. When allowed to get away with this cyber intimidation many of these stalkers become more confident and over time escalate to sexual predators.

Despite what many people believe there are ways to stop cyber stalkers. The easiest and most common method used to identify these predators is a reverse email look-up. This process allows an internet investigation to be conducted and pertinent information about the stalker to be identified. The information that can be obtained through this type of investigation includes the intimidator's name, address and phone number, place of employment, internet service provider, browser, website activity and in some cases even the operating system and location of the computer used.

In some instances people who become the victims of cyber stalkers attempt to uncover this information on their own through websites which claim to be able to get this data instantly. These websites are not very effective for this process and often produce completely inaccurate results. The best thing to do is turn to a professional who is skilled to perform a proper reverse email look-up in order to get the best results. The average amount of time needed to conduct an investigation of this sort is anywhere from 24 hours to 14 days.

It is important that individuals who are subjected to the intimidation of cyber stalkers do not sit by and do nothing. Nobody wants to find that they did nothing about a situation such as this, to find that the guilty party ended up becoming a dangerous sexual predator that engaged in serious behavior online AND off. Rest assured that a highly skilled and trained investigator can get the information that is necessary to stop these stalkers and therefore prevent or at least prolong another person from being subjected to the same intimidation. If you do nothing about this occurrence how can you expect anyone else to?

Cyber Stalkers and MySpace - Caution is Essential to Safety

By Ed Opperman
MySpace is quickly becoming one of the most widely used websites for staying in touch with family and friends. The reason for this is because it is so effective at doing just that. Another reason it is so popular is because it is considered safe. You should beware however, cyber stalkers can strike even on protected sites such as this one. Regardless of the websites you use or visit you should always be very careful about the type of personal information you allow strangers to see. All it takes is for one wrong person to get your email address and you could have potentially dangerous individuals not only harassing you but threatening you as well.

A reverse email look-up is a type of internet investigation that can not only identify cyber stalkers but can also give you many other important details about the person maliciously invading your life. Some of the information gathered by an investigation such as this might include not only the name of the offender but also their address and phone number, where they work, what websites they visit, their internet service provider and browser and in some cases possibly even particular information about the specific operating systems of the computer they used and its location.

Never assume that just because a particular website is highly used and advertised, that it is 100% safe. Most times just the opposite is true. The more popular a website becomes the better the chances that cyber stalkers can gain access to many details that can be used to endanger the safety of another person. This is why caution is such an important factor on the internet. Stalkers and sexual predators on the internet can be just as dangerous as someone right beside you, and in some cases even more so. This is because you can't always tell how much an internet predator might know about you.

If you are being harassed by cyber stalkers, the best thing you can do is trust a professional who is trained in internet investigations such as a reverse email look-up. All you need to provide is the email of the person bothering you and let the professionals do the rest. After all, this is what they are trained to do and they are very good at their job. In anywhere from 24 hours to 14 days you can have all the information you need to take action against the individual that has invaded your safe zone.

Don't Just Ignore Cyber Stalkers When You Can Do Something About it!

By Ed Opperman
Most people that browse the Internet do so with the idea in mind that it is a safe place to learn and explore, to meet people, to have fun, to work, and to take part in a countless number of other things without the worry of any of the dangers that are often faced in the real world. What several people often end up finding out the hard way is that there are many serious dangers that are connected to the Internet. One of these dangers is the frightening experience of having cyber stalkers bombard your email inbox. Initially, there are many people that may not have any idea of what to do when they receive emails one right after another that contain scary threats or even bothersome sexual innuendos. As soon as you begin receiving unwanted, harassing, or threatening emails, this is the precise time when you should alert the authorities of what is going on. Aside from this, there is also another effective source available that can help put an end to the stalking that is ruining the joy you are having when you sign online.

Most cyber stalkers have no idea that there is anything the victim of this crime can do to reveal their identity. A reverse email look-up is a process that is done by experienced private investigators. All that is needed to perform this type of investigation is the email address of the stalker that is continuously invading your email inbox. One thing that is so great about this unique service is the expert investigator can supply you with detailed information on what was obtained during the investigation in approximately 24 hours. If by chance your case is more complicated thank others, it is possible that the investigation will take up to 14 days.

A reverse email look-up is a beneficial investigation that can supply you with the name of the stalker in no time at all. You can also be supplied with such information as the location where they live, the physical address, the contact telephone number, and a virtually everything else you will need to catch the individual guilty of stalking you. When a situation arises where you become familiar with the unwanted behavior of cyber stalkers against your will, it is time to face the problem head on and do everything you can to get the activity stopped and have the identity of the stalker revealed.

The Fear of Being the Victim of a Cyber Stalker

By Ed Opperman
According to the safety organization known as WHOA or Working to Halt Online Abuse, the number of individuals confronted by a cyber stalker has steadily increased over the last few years. In 2009 statistics reported that there was a 7% increase in female victims from the previous year. Originally cyber stalking offenders were largely male however there was also an increase in the number of female aggressors making the gap between male and female cyber stalkers only 10% in difference with males still slightly in the lead.

One of the biggest reasons that a cyber stalker is able to gain so much power over their victims is fear. This is especially true in the case of female victims. Many women are so afraid of being labeled as a victim that they simply don't report cases of online abuse. For this reason it is believed by many professionals that the actual numbers of cyber stalking victims is actually much higher than what statistics show. This is why organizations such as WHOA are trying to educate as many individuals as possible about the importance of reporting cases of cyber stalking. After all, how can anything be done to stop these predators if no one knows about them.

Although many people are unaware of it, there are steps which can be taken to identify and stop a cyber stalker. There are a variety of internet investigations that can get all kinds of information about alleged stalkers. One of the most popular of these investigations is a reverse email look-up. This particular method can uncover key pieces of information about a person who is suspected of stalking. Some of this information includes the person's name, address and phone number, place of employment, internet service provider and browser; websites visited and even specific location. Reverse email traces can take anywhere between a day and two weeks to perform, depending on the case. They generally come with a no hit no fee policy, which means if no information is recovered no fee is charged.

Anyone who feels that they are being harassed by a potential cyber stalker should turn to a professional investigator experienced in reverse email look-ups. This will help monumentally in identifying the person as well as making it possible to take other action to stop this highly rising form of abuse. No one should ever have to accept being a victim out of fear or for any other reason.

Cyber Stalkers Can Be Identified and Prosecuted

By Ed Opperman
Many cyber stalkers believe that because they are in cyber space that they are undetectable and unstoppable. This is not only a fool hearty way of thinking, it is also hugely inaccurate. Just because a person may not be able to be seen does not always mean that a person cannot be identified, located and prosecuted, should it become necessary. Any time a person uses the Internet they leave traces of themselves behind. These tracks can then be used to lead right back to that person and allow their identity as well as other key information to be revealed to the proper authorities.

An internet investigation known as a reverse email look-up can find out a vast array of information about cyber stalkers simply through the trace of the email address that has been used to send threatening or intimidating communication. Some of this traceable information includes their name, address and phone number, place of employment, internet service provider and browser type, location, computer operating system and websites visited. This information can then be used to take further action against these individuals should this step become necessary. This type of investigation has proven very successful in the identification of cyber stalkers and makes it much easier to stop the occurrence of cyber stalking before it gets to seriously dangerous levels of violence and intimidation.

A reverse email look-up should not be confused with websites that claim to offer this information instantly and without charge. These websites are not recommended because they often are not effective or even accurate. Sometimes the information that is required by these websites to obtain this information is not secure and can often be seen by anyone, which makes it even easier for cyber stalkers to target an individual. This is the primary reason it is suggested that you leave this process to the experts who are trained in reverse email look-ups.

Trusting a trained professional to conduct this type of trace will ensure that the information you are provided is not only accurate, but your information is kept confidential at the same time. This makes it a much safer way to get the information that you need to pursue further action should the need arise. In the event that this investigation does not result in providing you with the necessary identifying information most investigators will not charge a fee for this service under the no hit, no fee policy.

Cyber Stalking Victims Are Real People With Real Feelings

By Ed Opperman
Many people that engage in cyber stalking, do so because they feel the people that they are terrorizing are just names on a computer screen. The truth of the matter is that these individuals are real people with real feelings that are genuinely frightened by experiences such as this. This is why so many people work so hard to stop cyber stalkers from having this type of control over another person. Many times the only time these individuals realize that they are truly scaring or terrorizing someone is if the situation becomes reversed and the stalker themselves become the victim of a stalker.

There are many ways in which cyber stalking victims can fight back against their would-be attackers. One of the best ways to do this is through an internet investigation known as a reverse email trace or a reverse email look-up. This type of internet investigation can uncover many key details which will help to identify individuals which may be cyber stalking another person. Some of the information which may be revealed includes the name, address and phone number of the person, as well as their place of employment, their internet service provider and browser type, the location of the computer which is used, and in some cases even the specific operating system of the computer in question, as well as the websites which the person has visited.

Cyber stalking victims often do not realize that these internet investigations are available and fall prey to the many websites which claim that they can do this instantly and free of charge. Often the only thing that these websites do effectively is obtain information that will often make it even easier for them to become victims of cyber stalkers. The information that these website reveals is often inaccurate or unusable for whatever reason.

If you have fallen victim to someone who has chosen you as a cyber stalking victim, the first thing you should do is turn to a well trained and highly skilled internet investigator. These investigators have the necessary experience in this area to conduct a reverse email trace or reverse email look-up safely, effectively and in a timely manner. In addition to this, the information that is found is much more likely to be accurate and provide you with what is necessary to put a stop to this type of harassment. These investigations are usually performed within two weeks or less in most cases.

Cyber Stalkers Can Be Identified and Prosecuted

Reasons Why a Cyber Stalker Chooses to Terrorize Individuals Online

By Ed Opperman
There is a wide variety of reasons why a cyber stalker may choose the Internet as the source of various types of intimidation. In the majority of cases the main reason for this involves the particular offender's lack of self esteem or self confidence. These individuals often feel that because they cannot be seen they are safe in abusing or violating individuals in a number of ways without being caught. The truth of the matter is that even when this type of harassment and intimidation is done through online channels there are still ways to identify the source of this problem. This in turn often leads to finding a way to subsequently stop the intimidation as well.

When a cyber stalker has made you the target of their unwanted affections or threats there are ways that you can trace this communication. The most common internet investigation that is used for this purpose is the reverse email look-up. This investigation is conducted with the use of the email address in which the offending emails originate from. This trace can then determine the name, address and phone number of the sender as well as where the person works, their internet service provider and browser type, where the computer is located that sent the emails, and even the operating system of the computer used and what websites the person visits.

There are websites which boast that they can provide this information instantly and free of charge, however the information obtained through these websites is often inaccurate and therefore unusable. Many of these websites only make this claim as a way to obtain personal information. This often makes it even easier for a cyber stalker to make you the target of his affections. For this reason it is highly suggested that you steer clear of these websites and turn to a professional investigator experienced in conducting a reverse email look-up.

By making the choice to allow a professional internet investigator perform a reverse email trace you can be sure that the information you obtain will not only be useable but it will be accurate as well. Another added benefit in many cases of this type of investigation is that if the information you need is not obtained you will not be charged a fee for this service. This is referred to as a no hit, no fee policy. Once the investigation has been completed you will receive a report containing detailed information about the suspected cyber stalker in question.

Being a Cyber Stalking Target Can Strike Fear in Even the Strongest People

By Ed Opperman
While it may be true that many individuals do not scare very easily, there are instances when even these people become frightened when they are faced with the problem of cyber stalking. This occurrence is an issue that can affect many people in very different ways depending on the severity of the situation and the specific circumstances involved. Being the victim of a cyber stalker can be terrifying and many people are simply not equipped to deal with this kind of terror, largely because they do not know what to do to identify the guilty party, or stop the undeserved threats from coming.

Internet investigators can perform a variety of investigations to find the source of these threatening emails, as well as the identity of the person sending them. The type of investigation that is most commonly used is a reverse email look-up. This process can obtain such information as the name, address and phone number of the person thought to be cyber stalking innocent victims, as well as their place of employment, their internet service provider and browser type, what websites they visit and how often, the location of the computer used, and the operating system of the computer. This information is highly valuable in identifying the individual that is sending threatening emails and give you the tools you need to put a stop to this type of harassment.

The best way to obtain this much needed information is to turn to a professional and experienced internet investigator to perform a reverse email look-up. These investigators are highly trained and have many tools available to get whatever information can be found in regards to individuals suspected of being stalked on the Internet. Once information is obtained there are numerous other steps that can be taken to stop this frightening type of communication.

The investigators who conduct cell phone forensic investigations have many years of experience and know exactly what to do to obtain this information safely, effectively and legally. This type of investigation often leads to the victims of cyber stalking feeling much safer and getting the information which is necessary not only to identify these individuals, but also to take the appropriate actions to put a stop to the threats and communication which is the source of the fear in which these people have been forced to endure. A reverse email trace may take anywhere from one day to two weeks and includes a detailed report on the information which is discovered during this process.

Anyone Can Become the Victim of a Cyber Stalker

By Ed Opperman
A cyber stalker will often target individuals that they feel are vulnerable or powerless to do anything about their unwanted advances. This however does not mean that these are the only people who may be faced with this type of problem. Anyone can be targeted with this type of unwanted communication and in some cases many of these people may not even realize they are being stalked. Not all cases of cyber stalking are obvious threats and other types of communication that may be frightening in nature. In some cases the communication may not even seem inappropriate. However, any unwanted communication that is instigated by another person can be perceived as a possible cyber stalking occurrence.

Regardless of the specific type of communication that a cyber stalker may engage in, no-one has the right to send unwanted or frightening emails, or other types of unwanted communication to another person. The most important thing for individuals to be aware of is that there is something that can be done about this problem. A reverse email look-up is an internet investigation that can reveal specific information to identify the individuals responsible for this negative attention. The information that may be discovered during this process includes the name, address and phone number of the offending party, as well as where the person works, their internet service provider and browser types, what websites they visit and how often, the location of the computer that was used, and sometimes even the specific operating system of the computer that they used to send this unwanted communication.

There are many people who do not realize that this type of internet investigation can be done, however it is becoming more and more widely used. This is due largely to the fact that the number of individuals which are being contacted by a cyber stalker continues to rise.

The best way to get the necessary information to identify a cyber stalker is by turning to an experienced internet investigator. These individuals are not only highly skilled but also very experienced in this process, and can complete these investigations in anywhere from twenty four hours to fourteen days. The exact length of time this process takes often depends on the complexity of the situation. In the event that no information is found during a reverse email look-up there is often a no hit, no fee policy. This means that you will not be charged a fee unless the investigation actually produces the necessary identifying information.

When Cyber Harassment Becomes Libel Or Slander, It Can Get Ugly

By Linda Danaher
Cyber harassment is the use of the Internet or other electronic means to harass an individual, a group of individuals, or an organization. Libel is a published false statement that is damaging to a person's reputation. It is malicious intent to discredit a person by misrepresentation. Slander is an action or crime of making a false, spoken statement that is damaging to a person's reputation.

If It Happened To Me, It Can Happen To You

I have recently been a victim of this type of malicious and vindictive behavior. I was involved in a small claims court case regarding a website that my company designed for a company that forms corporations in Reno. The CEO wanted the website to merge with Infusionsoft, a software program that helps companies with their email marketing. She wanted to be able to control her website, internet and email marketing herself. She had licensed the program months before she interviewed design companies to create her company's website. Once hired, we did exactly what was outlined in the agreement and we even provided more pages and extra work that they requested and didn't pay for (the extras totaled $5800). When the site went live, they informed us that they were incapable of learning Infusionsoft and wanted their money back. I had to take them to small claims court to get the $2500 that they still owed us for the programming and design. I won the judgment and the judge dismissed the CEO's counter suit. The CEO then decided to send me a threatening email and began a smear campaign through her blog.

This type of behavior is not only unprofessional, it is extremely destructive. If I had respect for the person and viewed her as highly educated and informed, I may have been insulted and upset, but I have considered the source. However, I still need to be vigilant and continue a search for any other inflammatory actions regarding me or my company's reputation. I use Google Alerts because it informs me when someone has mentioned my name in many forms of online communication. A good reputation is valuable to anyone in their own business, searching for a job or working for a corporation. As a graduate of Parson's School of Design, I view design as a creative solution to help increase business and always strive to exceed my client's expectations. I have built a very reputable business and have won 18 prestigious awards in the past 13 years. Out of more than a hundred clients I have serviced, this is the first complaint I have received. It is not right for one vindictive person to harass a person online merely because they lost a small claims judgment.

What You Can Do To Fight Back

If you have been a victim of either of libel or slander, there are steps you can take. It is vital that you provide proof of the crime if you plan to proceed with a lawsuit. You need to make a hard copy of the statements. If it was made in a blog, take a screen shot of the blog showing the false statement and any responses made to the statement. If the statement was made in a verbal conversation, get a written statement from a witness that heard the slander and have it notarized. It is important to document any responses prior to initiating a lawsuit.

Then you need to file a complaint, which is a legal document filed with the court to begin a lawsuit. A good resource for filing a complaint is: http://www.ehow.com/how_2040840_sue-someone-internet-libel.html

If possible, hire an attorney to help you draft the complaint. You will also need to pay a filing fee and it varies depending on the amount you seek in damages and where you a filing the complaint. The court may provide a form for you to send to the defendant along with a copy of the complaint and a request for their response. After the defendant files and answer, there is a discovery phase, which is the time where both parties make requests for documents and evidence. At this time you can send the defendant a list of questions asking why they made the statements and how many people they told or how many blog responses they received. Since the questions are asked under oath, if you can prove that their answers are false, that would be considered perjury.

If you prefer to handle the problem using online resources, there is an Arbitration Committee through Wikipedia.org. The URL is: http:// en.wikipedia.org/wiki/Wikipedia:Arbitration/Guide_to_arbitration and you would complete a RFAR, Request for Arbitration and the Committee would vote on whether to open the case.

I Would Like To Hear Your Opinion

If you have comments, have experienced a similar situation, or have additional advise, please let me know.

Linda E. Danaher is the Creative President for Danaher Design, LLC, a high-quality design studio providing cooperative marketing programs, advertising, illustration, corporate identity, direct mail, website design, package design and copy writing services.

A graduate of Parsons School of Design, NY, Linda worked in Manhattan as a designer and art director for two Fortune 100 companies and an innovative design firm. After working several years as Senior Art Director for Bristol-Myers Squibb Company, Linda started Island Communications in New York in 1997. She relocated to Reno, NV in 2003 and created Danaher Design, LLC.

Her client list includes: American Parkinson Disease Association, Avis, Bristol-Myers Squibb Company, Jones Lang Wootton, USA, Yellow Book, USA, The New York Chinese Scholar's Garden, Staten Island Botanical Garden, Snug Harbor Cultural Center, Historic Richmond Town, and Wyeth.

Does the Fifth Amendment Preclude Providing Your Password?

By Darren Chaker
When confronted with this issue, courts have analogized electronic storage devices to closed containers, and have reasoned that accessing the information stored within an electronic storage device is akin to opening a closed container. Because individuals generally retain a reasonable expectation of privacy in the contents of closed containers, see United States v. Ross, 456 U.S. 798, 822-23 (1982), they also generally retain a reasonable expectation of privacy in data held within electronic storage devices. Accordingly, accessing information stored in a computer ordinarily will implicate the owner's reasonable expectation of privacy in the information. See United States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 1998) (finding reasonable expectation of privacy in files stored on hard drive of personal computer); United States v. Reyes, 922 F. Supp. 818, 832-33 (S.D.N.Y. 1996) (finding reasonable expectation of privacy in data stored in a pager); United States v. Lynch, 908 F. Supp. 284, 287 (D.V.I. 1995) (same); United States v. Chan, 830 F. Supp. 531, 535 (N.D. Cal. 1993) (same); United States v. Blas, 1990 WL 265179, at *21 (E.D. Wis. Dec. 4, 1990) ("[A]n individual has the same expectation of privacy in a pager, computer, or other electronic data storage and retrieval device as in a closed container.").

Although courts have generally agreed that electronic storage devices can be analogized to closed containers, they have reached differing conclusions over whether each individual file stored on a computer or disk should be treated as a separate closed container. In two cases, the Fifth Circuit has determined that a computer disk containing multiple files is a single container for Fourth Amendment purposes. First, in United States v. Runyan, 275 F.3d 449, 464-65 (5th Cir. 2001), in which private parties had searched certain files and found child pornography, the Fifth Circuit held that the police did not exceed the scope of the private search when they examined additional files on any disk that had been, in part, privately searched. Analogizing a disk to a closed container, the court explained that "police do not exceed the private search when they examine more items within a closed container than did the private searchers." Id. at 464. Second, in United States v. Slanina, 283 F.3d 670, 680 (5th Cir. 2002), the court held that when a warrantless search of a portion of a computer and zip disk had been justified, the defendant no longer retained any reasonable expectation of privacy in the remaining contents of the computer and disk, and thus a comprehensive search by law enforcement personnel did not violate the Fourth Amendment.

Simply put, police have a very difficult job, however a suspect has no obligation to make their job easier. If confronted with a demand for your password/passphrase, simply request to speak to any attorney.

Darren Chaker

I litigated a cutting edge First Amendment case for 7 of its 10 year lifespan. Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, invalidated a statute on First Amendment grounds and overruled the California Supreme Court's unanimous decision in People v. Stanistreet, 127 Cal.Rptr.2d 633. Soon after Chaker v. Crogan, it was also used to strike down Nevada's analogous statute forcing the legislature to rewrite the law, but also nullified a similar Washington statute as well. (De La O v. Arnold-Williams, 2006 WL 2781278) and used as the backbone authority in Gibson v. City of Kirkland, 2009 WL 564703, *2+ (W.D.Wash. Mar 03, 2009). My case is a leading case on viewpoint discrimination.

Social Networking and TMI - Common Legal Mistakes People Make

By Michael Wechsler
Over 100 million people use popular social networking and microblogging sites such as Facebook and Twitter. Every day members are having so much fun sharing their personal lives with their fans aka "followers" or with their "friends", they forget to act carefully and prudently while online. It's easy to lose yourself in the moment, such as drinking at a bar. But unlike having loose lips at the bar, your words on a social network stay there indefinitely for all to see - and that can cause significant problems. The bottom line is that Twitter, Facebook and other social networks can cause people to publicly provide "TMI" - Too Much Information.

Perhaps the most common question I have seen asked in legal advice forums is whether a person can lose their job due to a posting on Facebook or Twitter, usually one that might cast a negative light on the employer or their job. The answer to this question should be obvious - there is no First Amendment or other legal "right of free speech" to share whatever negative opinions you may have about your job and still remain employed.

A typical example of what I hear includes the following. An employee might be bored at work and wants to share this thought (like numerous other fleeting thoughts) with her "friends" on Facebook. What she might forget is that some of these "friends" might include her boss, other employees or people in common with the boss. When the employee reports for work the following day, she's told that her services are no longer needed and possibly she is told the motivation for her termination.

If the employee had a case against her employer based upon some other legally protected right, she may have made proving her case significantly more difficult. An employer typically does not need to explain to the employee the reason for termination but it becomes even more justifiable in this instance based upon the employee's own admission that she does not like her work and may not care to perform at a high level. In the United Kingdom a young woman was fired as a result of her Facebook posts. The employer's justification was that she was obviously not of the right state of mind to perform and her level of dissatisfaction and lack of enthusiasm at work caused low morale. It is difficult for any lawyer to argue against this position.

A more egregious case of misconduct occurred where a young man went out drinking one evening and called in work to take a sick day the following morning. He posted a short blurb on his Facebook page about his prior night's carousing until causing his own illness and need for a sick day. The human resources department at this man's workplace discovered his Facebook post and decided that it would terminate him since sick days were not meant to be taken in this manner. Once again, it would be difficult for any lawyer to find fault with the company's actions even if a legal right to work existed.

The bottom line - always think before you share a post on a social network. You should think twice as long before microblogging on sites like Twitter, where it's even easier to share something dangerous without thinking. There are likely no legal rights that will protect you from the consequences of your own actions of "speaking" in cyberspace without care.

The Law and Cyber Stalking

By Joel Dreher
There is a new crime that is occurring more and more with the expansion of the Internet. People will use the Internet for a variety of avenues, however, excessive stalking now constitutes a new crime that is punishable by jail time according to different states legislation. There are many ways in which a person can cyber stalk another individual.

Excessive harassment is probably the most recognizable form of cyber stalking found on the Internet today. This occurs when a person overly instant messages, emails, or posts messages on web pages of their prey. Unfortunately, this occurrence is on the rise which is why new laws are constantly needed to curb this growing trend.

Another example of cyber stalking someone is people who try to solicit minors for the purposes of having intimate relations with them. In the United States, it is illegal to own child pornography or to solicit a minor for sex. However, this has also been on the rise due to predators on the Internet taking advantage of young, naive people.

Finally, a person can cyber stalk someone by causing their computer equipment to malfunction. This occurs when a person sends out a type of virus known as spyware. Spyware allows a person to monitor a person's use of their computer and can give them access to private files and information about their victims. In most cases, spyware can manifest itself by opening up unwanted email messages.

Cyber stalking comes in many forms, but each form revolves around a person's unlawful use of a computer that is connected to the Internet. Its definitions range from people openly harassing others, soliciting minors for sex, or sending out spyware to monitor a computer. It is up to each state legislature to pass new laws that will enable all of these cyber predators to be brought to justice.http://ezinearticles.com/?The-Law-and-Cyber-Stalking&id=4596909

Common Legal Penalties For Computer Crimes

By Wes Hagan
Computer technology is becoming increasingly more advanced and there is a lot of money to be made surrounding it. Where there is more money to be made, there is more criminal activity, punishable by law. The Information Act of 2000 states that there should be different penalties for different types of technological crimes. The following are common legal penalties for computer crimes.

Telecommunication service theft involves the unlawful obtainment of any telecommunications technology. This crime is punishable with a heavy fine and an undefined term of imprisonment. The legal consequences vary depending on the severity of the theft. Communications intercept crime is a Class-D crime that involves the interruption of communication technology. It is punishable by one to five years in prison along with a fine and can include other infractions such as offensive material dissemination, telecommunication piracy, and other cyber frauds.

When someone changes a source code on a computer program or website, this is called computer source tampering. Those found guilty of this crime can face up to three years in prison, or a fine. Computer hacking also carries a prison sentence of up to three years.

Though all technological crimes are taken seriously, government computer systems hold the most serious consequence when violated. Trying to obtain access to a system protected by the government is a very serious crime that can have major consequences on government operations. Anyone found guilty of tampering with a government computer faces ten years in prison and a major fine.

Protecting computer technology crimes is extremely important because the world now relies heavily on the use of computer systems to operate. With one of the most common legal penalties for computer crimes being a prison sentence, the legal system has been very effective in putting new laws in place with the changing technology. Technology crimes are taken very seriously and punished harshly.http://ezinearticles.com/?Common-Legal-Penalties-For-Computer-Crimes&id=4600628

Civil Rights - Equality Amongst Citizens

By Simon Waker Haughtone
The rights of a person or an individual by the virtue of being a citizen, to take part in political as well as civil life of the state without any sort of prejudice or subjugation is known as Civil Rights. It also protects the citizen from any unjustifiable action taken by the government or any other private organization.

Civil rights exist in any state that provides its citizens with constitutional as well as legal guarantees. Nevertheless constitutions sometimes also mention the rights that a citizen, under any circumstances should not enforce their civil rights against the state.

Civil rights vary in each nation because of the difference in democracy; yet it is possible to point out few of the civil rights that mostly remain common. Some of the universally known civil rights of a person are freedom of speech, thought and expression, religion as well as fair and impartial trials and taxation.

Let us now take a look at some of the events in the History of Civil Rights which played a crucial role in reducing the discrimination of minorities in the U.S:

• In 1964, United States declared the 1964 Civil Rights Act. It is considered to be one of the strongest civil rights laws in the history of United States. This act banned the discrimination of a person on the basis of their color, race or nationality. It was primarily aimed at protecting the rights of minorities like the African American community.

• In 1965, the then-President Johnson ensured an affirmative action, towards the minority communities in the aspect of employment, by the government contractors.

• In the year 1991, after a long debate and vetoes of two years, the then-President Bush signs the 1991 Civil Rights Act that strengthened the existing laws. It provided damages in case of intentional discrimination in employment.

• In 2008, the Civil Rights Act of 2008 was introduced. Among the proposed provisions, some of them included ensuring that the federal fund would not be used for subsidizing discrimination on the basis of employer's age.

When equal protection of rights and laws of the citizens is not assured, civil unrest develops among the people. Between 1950 and 1980, the worldwide civil rights movement took place. The reason for this movement was to get equality for the people before the law. So, to maintain social rest and equality in a state or a nation, it is necessary to provide proper civil rights to the citizens.

Key Legal Points For Websites

By Maria Anassutzi
Companies wishing to create or re-vamp their websites must, first of all decide and then agree how the websites should be designed and developed. This should be specified in a website design and development agreement which will ensure that, the company gets what it requires in relation to the website designs and the website hosting. This is achieved by imposing an obligation on the designer to create the website, according to the company's specifications and the designed/developer is certain to have correct instructions to ensure that the project is delivered on time and in budget and remains profitable.

Below are some key points:

•What is to be created: the contract should set out clearly, in sufficient detail, the company's requirements in relation to the website development, in terms of a functional and performance requirements and in terms of the design website (whether this is video, images, music or text). The agreement should clearly state who is responsible for ensure that legal requirements to which the company is subject are identified and address. This will ensure that the website designer takes them into account when designing the site. Such legal requirements include (i) access requirements under disability discrimination legislation, (ii) consent requirements under data protection legislation and/or the requirements of distance selling legislation (iii) information provision requirements and (iv) E-privacy directive recent changes reflecting the use of cookies.

•Ownership of what is developed: The company will want to ensure that if it develops any specific features or applications that differentiate the site or any design or other material, it owns all rights in them. The type. of intellectual property that apply to various website elements are mainly copyright. By law, the first creator of the materials (i.e. the designer or its consultant, sub-contractor etc who created the materials), will be the owner of the copyright in such materials (text, images, music, software, trade mark) unless it has signed an agreement transferring such rights to the company. The company by ensuring that it owns or has the right to exploit the copyright and related rights in all aspects of the web pages (including the overall design, any specially written text or graphics, and the coded version of the pages), can then transfer the website to another designer/developer to complete the project where, for example, the current designer/developer is not performing, use it as leverage to increase the value of its company or seek investment. Intellectual property rights are assets of the company even if they are "intangible" or as I would say very often "invisible".

In most cases, there is no reason why the designer should not agree to transfer ownership of the IPRs developed specifically for the company, or to license such rights where the designer is not in a position to grant an outright transfer (such as where third party works are included in the site content). However, the designer should ensure that it does not transfer to the company ownership of any intellectual property in any underlying software of the designer not specifically developed for the company but needed to operate the website. In such a case, the designer will grant a licence permitting the company to use the relevant works in the operation of the website. However, the company must be careful to ensure that it obtains all the necessary rights so that it is not restricted in the operation of the website (whether by territory, time or other restrictions).

•Timetable: the company should seek to ensure that the designer is contractually bound to meet key milestones, in particular the date for launch of the site and what are the remedies in the event they are not met.

•A budget and payment options: need to be agreed at the outset as costs will vary depending on the complexity of the proposed site, the types of graphics required and so on and this very often will be the first point where a dispute may start between the parties. Payment may be on a fixed-fee or time-and-materials basis (or a combination of both)

•Acceptance tests: the company will want to satisfy itself that the website performs on the designated servers in accordance with the company's functional and performance specification, and can deal with anticipated usage levels.

•IPRs infringement. The company should insist to receive from the designer/developer some protection against claims that any content or software produced by the designer in the course of the development of the site infringes the rights of third parties. This could arise either because the designer inadvertently uses material it has developed for (and assigned to) other customers, or where it seeks to incorporate third party works in the design (such as photographs, video clips or music) for which no permissions have been obtained. The company should seek such protection in the form of an indemnity (and insurance) to cover any liabilities that might arise.

•Maintenance, support and website hosting agreements. It is important to consider how the site will be maintained and updated after it has been launched, including:

•Availability on the designated server, security features, maintenance and support of the site (such as updating content or help-desk support), back-up and disaster recovery or statistics relating to usage of the site;

•Response times;

•Uptime requirements;

•Liability for website content;

•Hosting fees;

•Data collected;

•Policing content: if the site has message board or chat-room facilities in order to avoid or limit liability, it will be important to ensure that there are obligations in the agreement for the removal of infringing material from the site as quickly as possible.

Maria is founder and director of Anassutzi & Co limited a specialist legal and business strategy consultancy having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.

Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.

What Do You Know About the Internet Crime Complaint Center (IC3)?

By Sami Hartsfield
The Internet Crime Complaint Center (IC3) is a partnership amongst the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA) dedicated to receiving, developing, and referring criminal cyber complaints. IC3 researches the criminal cyber complaints it receives, and refers them to federal, state, local, and even international authorities when warranted.

IC3 has received numerous complaints regarding all aspects of the relatively new area of cyber crime, including online intellectual property rights violations, computer hacking, trade secret thefts, cyber extortion, online international money laundering, and the perennial con favorite identity theft. Of course, many new types of cyber crimes are being invented every day by clever cons.

Since IC3's inception of June 2000, it became clear that many cyber crimes overlap with other types of "traditional" crimes. As a result, IC3 -- formerly known as the Internet Fraud Complaint Center -- was renamed in October 2003 to reflect the broadening characteristics of such cyber crimes with the more common non-cyber variety.

If you believe you have been defrauded online or were otherwise a victim of a cyber crime, you are encourage to file a complaint with IC3. You may file your complaint online by providing the following information:

· Full name;

· Mailing address;

· Phone number;

· 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 allege you were defrauded; and

· Any other relevant information.

You may file a cyber criminal complaint with IC3 here. It's that easy and hopefully the more people who get involved in prosecuting cyber crimes the more effective agencies can be in prosecuting them.

Sami Hartsfield is a contributing author for Identity Theft Secrets: prevention and protection. You can get tips on Identity theft protection, software, and monitoring your credit as well as learn more about the secrets used by identity thieves at the Identity Theft Secrets blog.

How to Protect My Online Reputation - An Easy Guide

By Yair Cohen
A 60 years old English entrepreneur who spent his entire working life building up his reputation as a serious, noticeable business man has woken up one morning to find himself staring at his computer screen with disbelief. A life-long customer referred him to the search results against his store chain as they appeared on the first page of the Google search engine. Page after page, result after result - website visitors were being discouraged from shopping at any of his stores. The chain's customer services was described as appalling and the business practices as dishonest. 35 years of solid rock reputation have been tarnished literally over night. Lie after lie, allegation after allegation. 3,4,5 different websites all of which seemed to have been devoted to ruining him company and his reputation.

Scores of internet surfers appeared to have left their comments on each of the tarnishing websites. The stories were very damaging and were likely to catch the attention of the off line media with possibilities of articles appearing in national newspapers. This was the point where the veteran business man suddenly had woken up to the fact that the world has changed and that negative comments by whoever it might be could destroy life-time work almost overnight.

This very successful, somewhat old fashion business man used to be in control during his entire business life. Now it appears he wasn't any longer. So he called his trusted lawyer for the past 25 years who admitted, this was a new territory for him too. "The normal legal tools" the solicitor said "might not work in this case". "In fact the normal legal tools might actually exacerbate the situation further", he lawyer added. "This is the unknown land" he told his client, "We need to tread carefully".

Watch Your Back!

A client of my Internet law firm, a small international book publishing company had woken up one morning to discover that she had no reputation or business left. A competitor in what is already a tough market had been conducting a negative campaign about her company for a few months now with the aim of getting her out of business.

This case ended up in the High Court where despite what the Judge said, my client was left with a tarnished reputation which had in effect blocked any subsequent attempt by her to get back into the same line of business.

So What Does This Mean To You?

On average they say, 1 in 5 happy customers will put a good word about you to one friend or one relative, perhaps earning you business this way. 1 unhappy customer on the other hand will tell between 5-10 people about his bad experience which means that bad news travel much faster than good news. No matter how much effort you put into good PR with your clients and employees, one bad experience can ruin the whole lot. Can you do anything about this? Sure! This is what you need to do: As a starting point, follow these 3 steps. They will reduce the risk of online damage to your reputation.

They are general good business practices too so don't delay and start implementing now. The 3 steps that you need to take are:

Preventing

Listening

Influencing

Preventing:

Learn to treasure complaints. You don't need an internet lawyer to tell you how important it is for you to respond to complaints quickly and to avoid procrastination. Follow each complaint through with a view of satisfying your customer's anger and frustrations. It is a fact of life that complaints stay in the family for a very short time and if not resolved promptly, there is a risk that any griavance could end up being exposed to the entire world. Don't ever be defensive. If you are in the wrong, simply admit to it and make amends.

Initially, all that your unsatisfied customer desires, is for you to put things right. Later on your customer's goals might change, and revenge could become their new desire. By this time, you might have lost control over the whole situation which leaves you valuable to online attacks on your reputation.

Listening:

Read and hear what your customers are saying about you. Search the internet for your company's name and brand using the normal Google search engine as well as Google Blog Search or any other free search tools that are available online. This will reveal to you many of the blogs and discussion groups where your company's name has been mentioned. This is what your customers will see when they search for your company. Hopefully you will not find anything alarming and in such case you should continue monitoring these websites and discussion groups.

But if you do find unpleasant comments, this is still not the end of the world and there is plenty that you can do to repair the damage.

Influencing:

You can actually influence what your customers see when they search for your company online. Try to get involved in online discussions and post articles and comments online using various methods such as blogs, discussion groups websites and more. Whenever you find negative comments about your company, join the discussion by introducing yourself and try to put things right. Don't simply stay away and hope that this will just disappear because it won't. If you feel that the situation is getting slightly out of control, get expert advice on internet law. Internet lawyers provide constant monitoring of your reputation and offer can give you good practical advice on how to form a strategy to combat online attacks on your reputation and how to protect your online reputation through the courts of law.

There are other companies out there that provide tools which aim to remove unkind web pages from the first page of Google Search but using those companies must be your very last resort because they are not cheap and in some cases tend to require long term monitoring and management.

Litigation Support - What's Involved With Computer Forensics?

By Ken E Adams
Some litigation support services offer computer forensics as a service to law firms. This field is growing as businesses and consumers alike conduct business and personal transactions on computers, cell phones, and other electronic devices. In law cases, digital evidence is often stored on electronic devices. Sometimes the evidence readily available to anyone who looks while other times, the evidence may be hidden or "wiped clean." Either way, computer forensics experts can provide the litigation support that you need by going in and finding evidence.

Why Turn to Litigation Support Services to Search for Electronic Evidence?

If you're in possession of a hard drive, Flash drive, CD, DVD, digital camera, or other media device that may contain evidence, it's important to know where to look. For example, if you're working on a divorce case and suspect that a digital camera contains explicit photos, casually looking at the camera's memory card may not yield results. After all, the images may have been deleted to avoid discovery. However, litigation support services offering computer forensics have the expertise and tools to "undelete" files.

Types of Electronic Evidence

Electronic evidence takes many forms including photos, videos, email messages, text messages, instant messages, word processing documents, spreadsheets, and Internet files. Using computer forensics utilities and techniques, computer experts can provide the litigation support that you need by digging in and finding the data.

Finding Hidden or Erased Data

Computers readily give up secrets. Web histories, temporary Internet files, and cookies are well known for revealing a user's Web surfing habits. Because they are well known for this, many users know how to delete their tracks. However, did you know that some operating systems have what's known as an index.dat file that keeps track of all URLs visited, even if Web histories have been erased? Many users don't know this, but computer forensics do. This is but one example of the many resources available to computer forensics professionals.

Another common tool used in litigation support is data recovery software. Even if a hard disc, portable storage card, or digital camera has been erased or reformatted, data recovery software makes easy work of retrieving the so-called deleted files. Many computer users are unaware of how erasing and reformatting really work. Data isn't actually erased during deletions or formatting. Rather, the data is removed from the computer's index and the hard drive space where the data resides considered "available." Until new data occupies that "available" space, the original data can be recovered.

Computer Forensics Certifications

Certification programs validate the certificate holder's expertise at computer investigations. Many programs exist ranging from general certifications such as the Certified Computer Forensics Examiner and Certified Electronic Evidence Collection Specialist to vendor-specific certifications such as Discover-e Certification and AccessData Certified Examiner. Like other forms of evidence, chain of custody practices are as important as the evidence itself. Choosing certified computer forensics experts helps to ensure that the evidence is gathered, documented, and secured in a manner acceptable to the courts.

While litigation support services have typically focused on more traditional services, some are beginning to branch out into computer forensics. As always, look for demonstrated expertise in the given field. In this case, certification is an excellent starting point.

Have you outsourced computer forensics? Share your experiences...

Sunbelt tailors a wide range of litigation support solutions specializing in a worry-free approach empowering litigators to turn their full attention to winning their case.

How the FDA Causes Grief to Web Marketers and What You Can Do to Save Yourself

By Jack Campitelli
The FDA's charter calls for it to protect us from bad pharmaceuticals and bad medicine. In fact it also protects us from good healing medicine and good alternative medicine.

The FDA is not playing games. I know way too many people personally who have been to prison or who are in prison now for me to believe otherwise.

How an inventor, healer, seller operates in this kind of environment is more "art" than science.

The FDA has a few "trigger points" that will send it into high gear - and this is my "rough" order of priority:

    * Claims of "cancer cures"
    * "Supplements" that are hormonal related - especially aimed at athletes including body builders.
    * Any claim of cure or treatment that is not FDA approved

I think the FDA is wrong in its approach. Wrong in its mission. And has totally hurt the healthcare system not just in the U.S. but around the world. My opinions and your opinions are irrelevant. This is a juggernaut of a beast and it will eat anyone for breakfast that gets in its way.

The enforcement arm of the FDA is the Federal Trade Commission (FTC). This is usually because the FDA claims its jurisdiction from "treatment for pay" situations. Many alternative practitioners get around this by not charging. Sometimes they take donations. Sometimes this "works" in the sense that their file is not selected for immediate trouble because they are by definition small and financially unsuccessful. But there is no true work-around to the FDA and the FTC. When it's your turn, you're screwed.

Here are some things to keep in mind if you sell healthcare products on the internet:

    * Success is not your friend. The more of a following you have, the better your chance of getting ground up.
    * Complaining customers are your worst enemy. You can do a lot of smart "agreements" in dealing with sick and dying people that might give you a fighting chance in court, but nothing will stop an FDA on a mission or a customer who is angry that Gramps died on your watch while taking your "cure." The fact that Gramps had six days to live when your protocol was used or that his immune system was killed by radiation before the family found you is not relevant. Read this carefully: THERE IS NO SUCCESSFUL DEFENSE TO AN FDA CHARGE.
    * Anyone selling a healthcare product on the internet is legally responsible for the claims and the sale - even if you are a downstream affiliate of a distributor or an MLM system. You cannot claim that "they" wrote the copy, not you. You are charged with being either a direct promoter or a facilitator. Neither pleasant.

What you can do to save yourself and sell your product:

    * Do your own research and save the results in a safe place. Get as close to third party professional studies as you can about "your" product.
    * Keep a journal of the research you did and why you decided the product was ok to sell.
    * Discover if there are complaints about the specific brand you're selling or the product in general. Either stop selling the product if there is trouble or resolve the matter in your journal, such as, "I have found six claims in my research of 100 websites that the product does not work. I have found no adverse medical claims. I have found positive claims for the product that far out weight the negative claims. Here are the web addresses of the people who claim that it helped them."

Be careful about your claims:

    * No product is 100% safe and never even think about making that kind of claim. WATER CAN KILL YOU if drunk in sufficiently large quantities. Do you know what those quantities are? NO YOU DON'T. NOBODY DOES. EVERYONE IS DIFFERENT.
    * Do NOT make 100% "curative claims" - absolutely nothing -- works for "everyone". A 30% cure rate is not sexy to advertise, but it is a major breakthrough for most serious diseases.
    * Investigate and notify customers on your website of any adverse claims and contraindications - RIGHT IN YOUR PROMO COPY - not buried in some weasel clause in a purchase agreement.
    * Quoting God or "mother nature" is not going to keep you out of prison. I don't care if you want to be a martyr for the cause. It's a good cause and it needs martyrs. If that's your calling in life, then I thank you from the bottom of my heart.

Received a Complaint From the National Arbitration Forum (NAF) About Your Domain Name?

By Stephen H. Sturgeon, Esq.
If you have received a UDRP domain name dispute complaint from the National Arbitration forum either by mail or by email, you should respond to it as soon as possible. Otherwise, you may lose your domain name.

The acronym UDRP stands for Uniform Domain Name Dispute Resolution Procedure. It is a procedure that has been established by ICANN, the governing body of the Internet to handle domain name disputes in an expeditious manner through arbitration. The legal proceedings are commenced in an attempt to take away a domain name from the person who has registered the name. In other words, the person who has filed the complaint is claiming that they should have the domain name because they think that you are a "cybersquatter" or because they think that they have more rights to the domain name than you.

As described in the information that you receive from the arbitration organization (NAF), they require that a response be sent to them within 20 days of the commencement date. If a response is not sent, the arbitration organization can decide to transfer the domain name away from you. You may have additional legal and financial risk beyond the arbitration proceeding. There are several laws that the complainant can utilize in order to attempt to obtain a money judgment and monetary damages from you. Accordingly, it is important that this matter be handled well.

After a response to the UDRP complaint is submitted, the dispute is assigned to an arbitrator to make a decision about whether the complainant can take away your domain name. Second submissions can also be filed in order to bolster the arguments of either party to the domain name dispute. If the judge makes a decision that your domain name should be transferred to the complainant, the transfer is made to the complainant within a few days. The only way to overturn the decision of the arbitrator is to initiate a lawsuit. Consequently, it is important that you submit a strong defense to the arbitrator in response to the complaint.

On the website of the National Arbitration Forum there are descriptions of the procedures that can be followed in order to respond to the complaint. They are somewhat complex. There are also a number of considerations and factors that most people are not aware of.

Online Alliances - Why Exclusivity Is A Critical Component

By Richard Chapo
Joining up with other parties to pursue internet projects is pretty much the norm on the web. Indeed, this is exactly what general affiliate agreements are all about. While general affiliate programs are open to everyone, what about custom agreements between two parties? If you are considering such a relationship, the issue of exclusivity is a critical one that must be given serious thought.

Let's consider a common business situation on the web. I do search engine optimization and am fairly well known for being proficient at it. I see a site that offers a product in a field I think I can dominate in the rankings. I talk with the owner of the site and we soon come to an agreement. I start working on the ranking program. After three months of hard work, I notice the site popping up in the rankings. There is only one problem. The site is number five on Google for our major keyword, but there is a bigger site carrying the product that is ranked number two. I call the site owner to find out what the heck is going on. He says we don't have an exclusive agreement and the relationship starts to fall apart.

Do situations like this pop up on the web? Yes, every single day. The core issue in these situations is exclusivity. Are the parties agreeing to work with each other exclusively or not? There are many different ways to look at the situation.

Let's say I am the site owner in the above example. Do I really want to do an exclusive agreement? No. What benefit do I get? The more marketing avenues I have, the better. Just think of an affiliate program. What is the goal? To get as many high quality affiliates as possible! In our example above, the SEO guru feels the exact opposite way. Why should he bust his rear end to get rankings when the product is being marked on other sites already in the rankings?

The situation can be a quandary. There is no right answer. Some deals break down over this issue while others find creative solutions that both parties can live with enough to move forward. The key is to make sure you think through this and other legal issues that arise with these types of relationships and then make a decision you can live with today and in the future.

Online Alliances - Protecting Yourself

By Richard Chapo
They say we live in a rat race these days given the number of things that have to be done every day and the speed they need to be accomplished in. Well, if the brick and mortar world is the rat race, the online world is the rat race on a 24 hour energy drink! We join into contractual relationships with other sites at the drop of the hat. This is fine, but it is vital to protect yourself when doing so.

Teaming up with other sites on projects is common place on the web. In fact, it is so common that it has become an industry unto itself and is better known as affiliate marketing. Large affiliate sites like Commission Junction and the like set their terms for affiliates in a take it or leave it manner. But what if you decide to pursue a custom proposal with another party? You need to protect yourself.

Let's assume I own a site on which I sell my leather writing journals. I am approached one day by a large travel site. They want to sell my product on their site. In fact, they will list it on the general template that shows up on every page and build a custom page just for it. I'm popping the champagne in an expectation of big profits!

Well, they are true to their word. My journals are being advertised all over their site and the page they've built is great. Then something funny happens. They start using my journals in traditional media. This is a problem because I have another deal with a third party that grants them the exclusive right to such advertising. I tell the travel site to stop and they refuse because they've already spent $50,000 on advertising. Now I have a huge problem because I am violating one contract or the other.

Forming strategic alliances on the web is not only a smart move, but a necessary one if you want to pull in big revenues. Just make sure you are protected by entering into a written agreement that defines exactly how the alliance will work.

Domain Name Cease & Desist Letters - What Do They Look Like?

By Stephen H. Sturgeon, Esq.
You may have received an email or a letter demanding that you turn over your domain name to the person who wrote the letter. You may be wondering what it is and how you can find out how to handle it. Although the letter or email may not contain the words "cease and desist letter" or "demand letter," the common term used to describe this type of letter is "cease and desist letter." The letters are also occasionally referred to as "domain name demand letters."

An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."

[Printed on Stationery Letterhead of Law Firm]

Dear Registrant:

Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company's registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC's web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).

It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.

On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).

ABC looks forward to your cooperation in resolving this matter quickly. Please contact the undersigned no later than noon Eastern Time, on [date] to provide notice that you agree to comply immediately with the demands set forth in this letter. Please note that if we cannot promptly resolve this matter on an amicable basis, we will advise ABC Company to take all required actions against you that it deems necessary to protect ABC's rights. You can find additional information about the risks of domain name infringement at the website http://www.wipo.int/amc/en/domains.

We are confident that ABC Company would prevail against you in any legal action. This letter is without any waiver of or prejudice to ABC Company s rights, claims, remedies, or demands, all of which are hereby expressly reserved.

Sincerely, Signature of Attorney

The foregoing is an example of a domain name cease and desist letter that was sent by a large law firm in an attempt to obtain the domain of the registrant. If you have received a letter similar to this type letter, you now know that you have received a domain name cease and desist letter.

The allegation made in these types of domain name cease and desist letters may be a bluff or it may actually have some legal basis. Because there may be a substantial risk if you do not give up the domain, it is advisable that you consult with an attorney for a thorough evaluation of the situation.

Domain name cease and desist letters are being sent out with increasing frequency as the Internet grows and as the number of available domains diminishes. The letters are often unfounded attempts to intimidate the registrant. Other letters do, in fact, have a legal basis and can be the precursor of a sizable legal dispute. If you have received a domain name cease and desist letter of this nature, your response (and the consequences of your response) should be carefully considered. A domain name law firm domain name law firm that has had extensive experience with domain name cease and desist letters is DomainNameLawyers.com

A noted authority on Internet legal issues, Mr. Sturgeon has managed and litigated several hundred Internet legal cases worldwide. He has been quoted as an expert by the New York Times, the Washington Post, CBS, NBC, CNET and several international news publications. His speaking engagements have included presentations to the American Intellectual Property Law Association as well as to numerous international Internet conferences. He has also been appointed to the United Nations Internet Task Force and has provided testimony to a U.S. Congressional Committee on Internet law issues.

His accomplishments include the Internet law program at Harvard Law School, a Juris Doctor Degree, an MBA in finance and a bachelor's degree in economics -- from Vanderbilt University, the University of Oklahoma and the University of Denver. He is a member of the bar of five

Received a Complaint From the World Intellectual Property Organization (WIPO) About Your Domain Name

By Stephen H. Sturgeon, Esq.
If you have received a UDRP domain name dispute complaint from the World Intellectual Property Organization (WIPO) either by mail or by email, you should respond to it as soon as possible. Otherwise, you may lose your domain name.

The acronym UDRP stands for Uniform Domain Name Dispute Resolution Procedure. It is a procedure that has been established by ICANN, the governing body of the Internet to handle domain name disputes in an expeditious manner through arbitration. The legal proceedings are commenced in an attempt to take away a domain name from the person who has registered the name. In other words, the person who has filed the complaint is claiming that they should have the domain name because they think that you are a "cybersquatter" or because they think that they have more rights to the domain name than you.

As described in the information that you receive from the arbitration organization (NAF), they require that a response be sent to them within 20 days of the commencement date. If a response is not sent, the arbitration organization can decide to transfer the domain name away from you. You may have additional legal and financial risk beyond the arbitration proceeding. There are several laws that the complainant can utilize in order to attempt to obtain a money judgment and monetary damages from you. Accordingly, it is important that this matter be handled well.

After a response to the UDRP complaint is submitted, the dispute is assigned to an arbitrator to make a decision about whether the complainant can take away your domain name. Second submissions can also be filed in order to bolster the arguments of either party to the domain name dispute. If the judge makes a decision that your domain name should be transferred to the complainant, the transfer is made to the complainant within a few days. The only way to overturn the decision of the arbitrator is to initiate a lawsuit. Consequently, it is important that you submit a strong defense to the arbitrator in response to the complaint.

Oklahoma Computer Crimes Act - Felonies and Misdemeanors

By Todd Going
The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

Cyber Crime & Cyber Bullying - The New Online Danger

By Sol Neuhardt
Crime has a new face - online abuse, in today's times. The worst part - it's invisible. Maria Gromakova, a blogger from St. Petersburg, Russia, experienced it first hand when her blog became the target for Russian radical nationalists, and was filled with offensive comments and threats.

Not content on attacking Maria on her blog, her online assailants sent her abusive fascist text messages on her cell phone, hacked her profile on a popular Russian social network site, and even attacked her on a city train, all in the name of 'preserving Russia's nationalistic fabric'. The result - Maria's life turned into a living hell, and made her and her family leave Russia.

If you feel you are a victim of online abuse and harassment from an anonymous source, it is a case of personal injury. Get in touch with an attorney in Billings, Montana, and restore your online persona.

Harmful Effects of Online Abuse

A number of researches have demonstrated the serious consequences of cyber harassment. The victims often develop lower self-esteem, increased suicidal ideation, and a variety of adverse emotional responses. A major damaging effect of online abuse is a victim avoiding his/her friends, family and social activities. The suicide of Megan Taylor Meier, a Missouri teenager in 2006, was attributed to cyberbullying through the social networking site MySpace.

Stop Online Harassment Before Its Too Late

Follow these steps to ensure you always remain one step ahead of your invisible enemy:

    * Never give out your primary email id to anyone you do not trust or know
    * Never put any sensitive information on personal pages on social networking sites
    * Be careful when posting messages in an online forum
    * Do not fall for phishing emails that claim your account has been suspended or needs to be updated - they are scams
    * If anything looks too good to be true, it probably is
    * In case of breach of online identity, report it immediately to the law enforcement officials. Make sure you have all the documents with you
    * Contact a lawyer who is well versed in tackling cyber crimes

Online abuse and harassment can leave a permanent scar on your life. The internet is not what it used to be any more. Although we need the internet in our daily lives, we should also exercise proper caution before furnishing our personal and business details. After all your online identity is just as important as your offline one. If you think your identity is violated in the cyberspace, get legal advice immediately.

About Solomon Neuhardt:

Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

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