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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.
     

  • The defendant acts without justification.
     

  • The defendant’s conduct causes actual pecuniary harm to the plaintiff.


The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert
 

http://www.rampant-books.com/book_2004_2_stalkers.htm


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