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  Oracle Tips by Burleson

Web Stalkers
Chapter 5 -
All About Cybercrime

Invasion of Privacy

Disclosure of embarrassing facts – In this false light challenge, a person could be liable for disclosing true facts about an individual if the disclosure was made with malicious intent.

False publicity – Judges have used the false light laws to award damages against those who publish false or misleading information about an individual.  For example, having one’s face featured in an article about leprosy damage could be actionable, even if it did not identify that individual by name.

The most common defense in a false light action is to claim First Amendment freedom of speech, but the courts are quite clear about offering no protection for false speech:

"false speech, even political speech, does not merit constitutional protection if the speaker knows of the falsehood or recklessly disregards the truth."

"The use of a known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected.

Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection."

This information shows how it is possible to implicate oneself in a crime by invading another’s privacy as defined by the law.  Another interesting phenomenon on the Internet is how some people are making themselves out to be somebody else altogether.

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

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