Wednesday 26 September 2012

catergories of cyber torts




Cyber Torts

  • ONLINE DEFAMATION
    Online defamation is when someone posts false statements about another particular person on the web (9). The defaming statement is harmful to the reputation of the victim and was written intentionally to harm (9). Truth is a defense to defamation (9).
  • CYBER BULLYING
    Cyber bullying is when a minor is harassed through the Internet or other technologies by another minor (10). Cyber bullying has led to violence in children that seek revenge and suicide in children that were humiliated amongst their peers (10).
  • TRESPASS TO CHATTELS
    Trespass to Chattels in cyberspace is when an attacker access the property of an organization or a user without authorization (11). Usually the attacker will exploit the system and send out spam through email that will appear as legitimate because it is being sent from the official email of the organization.
Court Case: eBay, Inc. v. Bidder's Edge, Inc.
This is one of the most famous trespass-to-chattels cases within the realm of cyberspace. The Internet auction company, eBay, sued Bidder's Edge in the Northern District of California because Bidder's Edge would not negotiate the spidering methods that were being used (11). This was on the basis of the cyber tort of trespass to chattels. Due to an issue between the auction companies, eBay was suing based on multiple other instances of harm from the spidering. The court, however, only found that the harm that could have potentially been done was enough to be considered a trespass to chattels and not the other allegations eBay was proposing (11).

  • CYBER STALKING
    Cyber stalking involves threatening actions and behavior that is directed at a particular person or persons using the Internet or other technological devices (12). Cyber stalking is similar to physical stalking, just on the web. Typically the stalker will spam and harass the victim with email, written verbal abuse, instant messages, and even sending viruses (12). Just like stalking, cyber stalking can cause a victim to fear for his or her safety despite the actions being online (12).

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