Tuesday, August 22, 2006

Intent

In the Miami Herald, there is an interesting answer to the question:  How can I tell if someone is stalking me?
 
• Invasion of privacy is the legal freedom from interference with one's right to be left alone. It includes intrusion into one's solitude and private affairs, public disclosure of embarrassing private information, publicity that puts one in a false light to the public, and appropriation of one's name or likeness for commercial advantage. A public figure or celebrity usually isn't protected because his or her life is newsworthy and open to inspection, but the tort is available for you.

• Infliction of emotional distress is an increasingly popular tort based on a claim for damages caused by the ''outrageous'' conduct of the defendant. Original tort law didn't recognize this claim independent of a physical contact or injury. But this impact requirement has been dropped in most states and recovery is allowed solely for the emotional consequences and physical symptoms from the defendant's act.

Verrrrry interesting.  Even if you don't have a statue in your state that covers cyberstalking, don't forget common law!
That's the lesson that we learn here.
 
 

 
 
 

1 comments:

Anonymous said...

Too bad they don't publish the names of cyberstalkers on the web or in the papers like they do any other crime.