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Oracle Tips by Burleson |
Web Stalkers
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not my web pages.
For more details on jurisdiction, check
these pages.
Identity Crimes
The problem then becomes a simple matter of
identifying the sources of various forms of information commonly
occurring on the Internet. While the concept is straightforward,
accomplishing the feat is another beast altogether. A complete
discussion of identity crimes is covered in another chapter.
It should be becoming clear now that anonymous
sources of information present a problem for everyone. What about
those who make it their business to remove, from others, a level of
anonymity the law protects; their privacy? This subject will be
explored in the next section.
Tortuous
Interference
Tortuous interference is the unlawful
interference into one’s contractual or business affairs. For
example, someone who uses the web to defame an individual’s business
and contacts their customers (or prospective customers) may be
violating this law. A special case of tortuous interference called
“Tortuous Interference with Prospective Advantage” is available in
some states to punish those who seek to damage one’s ability to find
and retain new customers.
The elements of the tort of interference with
contract are:
-
A valid contract between the plaintiff and a
third person that confers upon plaintiff a contractual right against
a third person.
-
The defendant knows of the contract.
-
The defendant intentionally induces the third
person not to perform the contract.
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The defendant acts without justification.
-
The defendant’s conduct causes actual pecuniary
harm to the plaintiff.
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