Category Archives: false identity
In the Wake of a National Tragedy…
Before I was a licensed attorney, I worked in journalism, not as a reporter, but as an analyst. I am very well aware of the ethical standards that “should” apply to the media profession, but often doesn’t. Today we are in mourning for innocent lives lost in Connecticut, but in the rush to get a story, the media botched items up big time. In attempting to identify the shooter, the media identified and broadcasted the name and image of the wrong man. Fox News, CNN and CBS named the shooter as “Ryan Lanza”, when in reality it may have been this man’s younger brother “Adam Lanza”.
This man is not a murderer. He is a victim of a press without scruples.
Apparently, according to Business Insider, Mr. Lanza took to his facebook account to vent his frustration.
This man may have lost his father, his mother, and his brother today, along with the feeling of being associated with one of the worst cases of mass murder in history. His name has been broadcast as the perpetrator of a horrible crime at the same time. Above everything, he needs to have our sympathy and prayers. The media really screwed up big time today. There are several causes of action Mr. Lanza could have against the agencies that reported this blatantly irresponsible information. Among them, invasion of privacy- false light, and defamation. Mr. Lanza did not ask to be thrusted into the situation. He was put there by grossly negligent actions of several large news agencies.
While I can never feel what he’s going through I can sympathize. A few years ago, a friend of mine had a sibling (who I had only met once), who was involved in a mass school shooting. The press was not sympathetic to her either, but at least they didn’t accuse her.
If Mr. Lanza reads this, I am more than willing to take on the case, free of charge, and I will work as hard as possible to see that he receives a just and fair result.
Question: Can I sue someone for impersonating someone on the Internet?
I received this question via email from a reader:
Dear Ask a Cyber Lawyer:
My boyfriend is stationed over seas in the Air Force, and we usually use the internet to communicate. It turns out that his ex-wife has been using an old account of his, and pretending to be him. I just found out that while I thought I have been chatting with him, I was really chatting with his ex. This has caused me a lot of emotional anguish. Is there any way I can sue her?
My response is this. With out knowing anything else about the case, it is possible that there could be several causes of action that could be brought against her by both you and your boyfriend.
First, in some jurisdictions it is actually a crime to impersonate someone on the internet. So it might be worth while to involve the police.
Second, there are civil causes of actions you can bring up. One is the tort of Intentional Infliction of Emotional Distress, or IIED. Intentional Infliction of Emotional Distress occurs when the Defendant intentionally or recklessly commits extreme and outrageous conduct which causes the plaintiff to suffer emotional distress (in some jurisdictions this action must be done in public). If you were induced by this person to commit some sort of act, such as send money, there are fraud actions which may be available as well.
Your boyfriend may also have causes of action available. First, anything she said while impersonating him is likely actionable as defamation. Likewise he may also have an invasion of privacy claim for portraying him in a false light.
My advice is call my firm, or an attorney in your area and make an appointment to discuss the specifics in this matter.
Disclaimer: This blog post contains no actual legal advice. It is difficult to dispense comprehensive legal advice on the internet. If you find the information on this site interesting and insightful, great. But before you rely on any of this advice, please consult a legal professional with the specific details of your case or controversy.
QUESTION: Is having a fake facebook page cyberstalking?
A Reader via email asks:
My daughter has had a “fake” Facebook page the past few years – not her real name, to stay anonymous but interact with people who like the same music she did. The fans are more than a little strange and she was only 19 at the time. She interacted with a young man on facebook and email approx 5 months who wanted a relationship with her, without ever divulging her real name/address/phone. She decided against it and ended contact with him a few weeks ago. Now he’s claiming my daughter was stalking him, impersonating someone she wasn’t and that he’s going to sue her for “anything my lawyers can think of.” I’m wondering what she might have done that could be considered illegal. I’m seriously concerned if this guy can actually hunt her down to our actual address with this threat of legal action.
Ok, here is the deal in plain terms. With the limited information I have, the only trouble your daughter probably caused was a violation of facebook’s terms of service. Facebook requires that users must be real persons and do not allow for any sort of pseudo-persons as users of their site.
The only way she could have stirred up some legal troubles is if she impersonated a real person, particularly a celebrity. This would possibly fall under the tort of invasion of privacy- appropriating a false identity. It doesn’t seem to be the case here.
As far as cyberstalking is concerned, the definition differs from jurisdiction to jurisdiction, but in general it is the unwanted and repeated intrusion into another person’s real-life vis-a-vis the internet. It does not look like she has done this, however, her accuser may be liable for cyberstalking himself. False victimization, or wrongly accusing others of cyberstalking is a form of cyberstalking in and of itself. Contacting her through the internet after she has made it clear that she does not want to be contacted is another, more obvious form of cyberstalking. If I were in your daughter’s situation I would make sure that he has no way of accessing her personal information.
Disclaimer: It is difficult to dispense comprehensive legal advice on the internet. If you find the information on this site interesting and insightful, great. But before you rely on any of this advice, please consult a legal professional with the specific details of your case or controversy.
James Skyles
