Legal Advice? Looking for some free legal advice...

[GroobySteven]

Is it legal, for me to email private correspondance to an individual, only for they to post it on their website, with personal details/contact details, etc?

I don't think it is - but the individual who put this on her website, believes so as she's posted a disclaimer.
Your thoughts?
seanchai

[junior]

Seanchai,
I hate to say it but I think it is legal. Companies that don't want the contents of e-mails printed elsewhere or even shown to competitors by their own employees often have disclaimers in the original e-mail like this "This e-mail is intended for the use of the addressee(s) only and may contain
privileged, confidential, or proprietary information that is exempt from
disclosure under law. If you are not the intended recipient, please do not
read, copy, use or disclose the contents of this communication to others.
Please notify the sender that you have received this e-mail in error by
replying to the e-mail. Please then delete the e-mail and destroy any copies
of it. Thank you." Personal e-mail that you sent someone is theirs to do with as they please or so I would imagine. This is however just my opinion and I have no legal training. My opinion is also that though it might be legal I feel it is unethical. Thats my 2 cents and I hope things work out for you. Good Luck !!!

Junior

[BeardedOne]

Junior has it pretty much wrapped up. It would also depend on the content/intent of the mail. Once it's in the hands of the recipient, they can pretty much do as they please with it unless there was already some prior agreement or understanding of non-disclosure.

I've never revealed the contents of an email that came to me (Outside of brief quotations via appropriate ettiquette) primarily our of an inverse of the golden rule practice: DON'T do unto others as you'd NOT want them to do unto you.

[Ecstatic]

The Golden Rule, otherwise known as the Ethic of Reciprocity, is fundamental to all major religions, is the basis of humanitarianism and civil rights, and has been stated by major religious reformers through the ages. The earliest recorded formulation is that attributed to Moses, ca. 1525-1405 BCE:

"Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbor as thyself: I am the LORD." Leviticus 19:18 (however, note the reference to "thy people", i.e., Hebrews)

Usually the ethic of reciprocity is declared in the negative, as you put it, B1, and is commonly called the Silver Rule:

"This is the sum of duty; do naught onto others what you would not have them do unto you." —Hindu, from the Mahabharata 5:15:17, ca. 500BCE

"What you do not wish upon yourself, extend not to others." — Kung Fu-tzu (Confucius), ca. 551–479 BCE

"What is hateful to you, do not to your fellow man." — Hillel, ca. 50 BCE-10 CE, who may well have taught Jesus

Jesus reframed Hillel's statement in the more demanding positive:

"Do unto others as you would have them do unto you." the Gospels, Matthew 7:12 (affirming Moses), Luke 6:31, Luke 10:25 (an explicit call to love non-Jews as well as Jews)

"Hurt no one so that no one may hurt you." — Muhammad, ca. 571 – 632 CE, in The Farewell Sermon.

[peggygee]

This time I can't be blamed for the length of the post, I'm just citing the law


In my opinion your concern would fall within the purview
of three areas of the law:

1. TITLE 18 > PART I > CHAPTER 119 > § 2511

§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

This is the federal guidline for the interception of wire, postal, oral,
and electronic communications.

One of it's clauses allows parties to disclose conversations to
which they are a party to. (See red text in citation below)

Thus if you and I are on a phone conversation. or are exchanging
correspondences I have the right to waive my protection against
unreasonable search and seizure as afforded by the 4th Amendment.


2. Libel and slander laws:

If the persons statements on their website were of a libelous,
defamatory, or slanderous nature.

What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

3. Intellectual property law: This would cover some of the correspondences that have been sited by others, that would be made forom your place of employment in the course of your regular job functions.

Here attached for your edification are the Federal guidelines for the
interception and dissemination of communications.:


§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

(1) Except as otherwise specifically provided in this chapter any person who—
(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when—
(i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the transmission of such communication; or
(iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or
(v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;
(c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(e)
(i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511 (2)(a)(ii), 2511 (2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter,
(ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation,
(iii) having obtained or received the information in connection with a criminal investigation, and
(iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation,
shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).
(2)
(a)
(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
(ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with—
(A) a court order directing such assistance signed by the authorizing judge, or
(B) a certification in writing by a person specified in section 2518 (7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required,
setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter.
(b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
(e) Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. (f) Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.
(g) It shall not be unlawful under this chapter or chapter 121 of this title for any person—
(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted—
(I) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(IV) by any marine or aeronautical communications system;
(iii) to engage in any conduct which—
(I) is prohibited by section 633 of the Communications Act of 1934; or
(II) is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act;
(iv) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or
(v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
(h) It shall not be unlawful under this chapter—
(i) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices) of this title); or
(ii) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.
(i) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if—
(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer;
(II) the person acting under color of law is lawfully engaged in an investigation;
(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation; and
(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.
(3)
(a) Except as provided in paragraph (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication—
(i) as otherwise authorized in section 2511 (2)(a) or 2517 of this title;
(ii) with the lawful consent of the originator or any addressee or intended recipient of such communication;
(iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
(iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.
(4)
(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.
(b) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted—
(i) to a broadcasting station for purposes of retransmission to the general public; or
(ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls,
is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.
(5)
(a)
(i) If the communication is—
(A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or
(B) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain,
then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.
(ii) In an action under this subsection—
(A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appropriate injunctive relief; and
(B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine.
(b) The court may use any means within its authority to enforce an injunction issued under paragraph (ii)(A), and shall impose a civil fine of not less than $500 for each violation of such an injunction.

[peggygee]

I would be remiss if I didn't point out that these
are laws for the United States.

As the area under discussion is the Internet, and
the person in question may be a citizen of a different
country and jurisdiction there may be different
protections and legal recourses availible.

As always, your mileage may vary

[GroobySteven]

Thanks for the advice everyone and Peggy for getting me that information.
So given that I can't do anything and the individual is being obtuse.
What's the legal ramifications, if any, if I posts their personal address, etc on a website or forum?
thanks
seanchai

[peggygee]

Thanks for the advice everyone and Peggy for getting me that information.
So given that I can't do anything and the individual is being obtuse.
What's the legal ramifications, if any, if I posts their personal address, etc on a website or forum?
thanks
seanchai

A case could be made against you for stalking / cyber stalking.

State Computer Harassment or "Cyberstalking" Laws

Law enforcement agencies estimate that electronic communications are a factor in from 20 percent to 40 percent of all stalking cases. Forty-four states now have laws that explicitly include electronic forms of communication within stalking or harassment laws. State laws that do not include specific references to electronic communication may still apply to those who threaten or harass others online, but specific language can make the laws easier to enforce. Two reports from the U.S. Department of Justice provide detailed information on cyberstalking: Stalking and Domestic Violence: Report to Congress (May 2001) and Cyberstalking: A New Challenge for Law Enforcement and Industry (Aug. 1999).


Here are some laws from various jurisdictions:

Australia
Criminal Code Stalking Amendment Act 1999
What is unlawful Stalking: Chapter 33A-Unlawful Stalking, 359B(c)(ii)

359B. "Unlawful stalking" is conduct intentionally directed at a person (the "stalked person"); and engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and consisting of 1 or more acts of the following, or a similar, type- following, loitering near, watching or approaching a person; contacting a person in any way, including, for example, by telephone, mail, fax, e-mail or through the use of any technology; loitering near, watching, approaching or entering a place where a person lives, works or visits; leaving offensive material where it will be found by, given to or brought to the attention of, a person;
giving offensive material to a person, directly or indirectly;
an intimidating, harassing or threatening act against a person, whether or not involving violence or a threat of violence; an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and that- would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.


The Federal CyberStalking Bill, S2991, which was introduced by Senator Spencer Abraham (R-MI), is on hold due to the fact that Abraham is no longer a Senator (he is now President Bush's Secretary of Energy). Please contact your Senators and Representatives about this bill to make sure it remains active, or to get a related bill introduced. Don't know who to contact? Just go to the Congressional Power Search and find out.


California
Cal. Civil Code § 1708.7

SECTION 1. It is the intent of this act to clarify that electronic communications are included in the actions that can constitute the crimes of harassment and stalking. It is not the intent of the Legislature, by adoption of this act, to restrict in any way the types of conduct or actions that can constitute harassment or stalking.

SEC. 2. Section 1708.7 of the Civil Code is amended to read:
1708.7.

A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort:
The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, or harass the plaintiff. In order to establish this element, the plaintiff shall be required to support his or her allegations with independent corroborating evidence.
As a result of that pattern of conduct, the plaintiff reasonably feared for his or her safety, or the safety of an immediate family member. For purposes of this paragraph, "immediate family" means a spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any person who regularly resides, or, within the six months preceding any portion of the pattern of conduct, regularly resided, in the plaintiff's household.
One of the following:
The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety, or the safety of an immediate family member and, on at least one occasion, the plaintiff clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct.
The defendant violated a restraining order, including, but not limited to, any order issued pursuant to Section 527.6 of the Code of Civil Procedure, prohibiting any act described in subdivision (a).
For the purposes of this section:
"Pattern of conduct" means conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "pattern of conduct."
"Credible threat" means a verbal or written threat, including that communicated by means of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent and apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
"Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or terrorizes the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
A person who commits the tort of stalking upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294.
In an action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction.
The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.
This section shall not be construed to impair any constitutionally protected activity, including, but not limited to, speech, protest, and assembly.
SEC. 3. Section 422 of the Penal Code is amended to read:
422. Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

SEC. 4. Section 646.9 of the Penal Code is amended to read:
646.9.

Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.
Every person who, having been convicted of a felony under this section, commits a second or subsequent violation of this section shall be punished by imprisonment in the state prison for two, three, or four years.
In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to subparagraph (E) of paragraph (2) of subdivision (a) of Section 290.
For the purposes of this section, "harasses" means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. This course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
For purposes of this section, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
For the purposes of this section, "credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section.
For purposes of this section, the term "Electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
This section shall not apply to conduct that occurs during labor picketing.
If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.
The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
For purposes of this section, "immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.
SEC. 5. Section 653m of the Penal Code is amended to read:
653m.

Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with intent to annoy another person at his or her residence, is, whether or not conversation ensues from making the telephone call or electronic contact, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with the intent to annoy another person at his or her place of work is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith. This subdivision applies only if one or both of the following circumstances exist:
There is a temporary restraining order, an injunction, or any other court order, or any combination of these court orders, in effect prohibiting the behavior described in this section.
The person makes repeated telephone calls or makes repeated contact by means of an electronic communication device with the intent to annoy another person at his or her place of work, totaling more than 10 times in a 24-hour period, whether or not conversation ensues from making the telephone call or electronic contact, and the repeated telephone calls or electronic contacts are made to the workplace of an adult or fully emancipated minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the person has a child or has had a dating or engagement relationship or is having a dating or engagement relationship.
Any offense committed by use of a telephone may be deemed to have been committed where the telephone call or calls were made or received. Any offense committed by use of an electronic communication device or medium, including the Internet, may be deemed to have been committed where the electronic communication or communications were originally sent or first viewed by the recipient.
Subdivision (a), (b), or (c) is violated when the person acting with intent to annoy makes a telephone call requesting a return call and performs the acts prohibited under subdivision (a), (b), or (c) upon receiving the return call.
If probation is granted, or the execution or imposition of sentence is suspended, for any person convicted under this section, the court may order as a condition of probation that the person participate in counseling.
For purposes of this section the term "Electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
SEC. 6. This act shall become operative only if Assembly Bill 2351 is also enacted and becomes operative on or before January 1, 1999.

SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.


New York
Pending Legislation

http://assembly.state.ny.us/leg/?bn=A05376


BILL NUMBER: A5376 TITLE OF BILL : An act to amend the penal law, in
relation to cyberstalking on a computer network in the first degree
PURPOSE OR GENERAL IDEA OF BILL : Creates the crime of cyberstalking
making it a class E felony.



As far as we know, the following states/territories do not currently have any laws pertaining specifically to cyberstalking or online harassment:

District of Columbia
Idaho
Nebraska
New Jersey
New Mexico
Utah
If you're a resident of one of those states, please lobby your elected officials to get good laws in place. You should be able to find out who those officials are by following the links above to your state legislature's web site, or by going to Project Vote Smart and using their look-up utility.


STATE
CITE

http://www.ncsl.org/programs/lis/cip/stalk99.htm

Alabama
Ala. Code § 13A-11-8

Alaska
Alaska Stat. § 11.41.260, 11.41.270, § 11.61.120

Arizona
Ariz. Rev. Stat. § 13-2921

Arkansas
Ark. Code § 5-41-108

California
Cal. Civil Code § 1708.7, Cal. Penal Code §§ 422, 646.9, 653m

Colorado
Colo. Rev. Stat. § 18-9-111

Connecticut
Conn. Gen. Stat. § 53a-182b, § 53a-183

Delaware
Del. Code tit. 11 § 1311, tit. 11 § 1312A

Florida
Fla. Stat. § 817.568, § 784.048

Georgia
Code of Georgia § 16-5-90, § 34-1-7

Hawaii
Hawaii Rev. Stat. § 711-1106

Illinois
720 Ill. Comp. Stat. § 5/12-7.1, 5/12-7.5, 135/1-2, 135/1-3, 135/2

Indiana
Ind. Code § 35-45-2-2

Iowa
Iowa Code § 708.7

Kansas
Kan. Stat. § 21-3438

Louisiana
La. Rev. Stat. § 14:40.2, La. Rev. Stat. § 14:40.3

Maine
Me. Rev. Stat. tit. 17A § 210-A

Maryland
Md. Code tit. 3 § 3-805

Massachusetts
Mass. Gen. Laws ch. 265 § 43, 43A

Michigan
Mich. Comp. Laws § 750.411h, 750.411i, 750.411s

Minnesota
Minn. Stat. § 609.749

Mississippi
Miss. Code § 97-29-45, § 97-45-15

Missouri
Mo. Rev. Stat. § 565.225

Montana
Mont. Code § 45-8-213

Nevada
Nev. Rev. Stat. § 200.575

New Hampshire
N.H. Rev. Stat. § 644:4

New York
New York Penal Law § 240.30

North Carolina
N.C. Gen. Stat. § 14-196, 14-196.3

North Dakota
N.D. Cent. Code § 12.1-17-07

Ohio
Ohio Code § 2903.211, 2913.01(Y), 2917.21(A)

Oklahoma
Okla. Stat. tit. 21 § 850, 1172

Oregon
Or. Rev. Stat. § 163.730, 166.065

Pennsylvania
Pa. Cons. Stat. tit. 18 § 5504, § 2709, § 2709.1; See (1999 Pa. Laws, Act 59) and (2001 Pa. Laws, Act 21

Rhode Island
R.I. Gen. Laws § 11-52-4.2, § 11-52-4.3

South Carolina
S.C. Code § 16-3-1700(A)(2), 16-3-1700(B)

South Dakota
S.D. Cod. Laws § 22-19A-1

Tennessee
Tenn. Code § 39-17-308

Texas
Tx. Penal Code 42.07

Utah
Utah Code Ann. § 76-9-201
Vermont
13 V.S.A. § 1027, 1061, 1062, 1063

Virginia
Va. Code § 18.2-60 18.2-152.7:1

Washington
Wash. Rev. Code § 9.61.260, 9A.46.020, 9A.46.110, 10.14.020

West Virginia
W. Va. Code § 61-3C-14a

Wisconsin
Wis. Stat. § 947.0125

Wyoming
Wyo. Stat. § 6-2-506

[GroobySteven]

Thanks Peggy but this would just seems to pertain to an individual "stalking" and making repeated phone calls, etc?
Simply posting their name and phone number - I don't see within these codes where the problem would lie - although I admit, I'm terrible at reading legalease.
Thanks
seanchai

[scroller]

Seanchai, I hate to say it but I think it is legal. Companies that don't want the contents of e-mails printed elsewhere or even shown to competitors by their own employees often have disclaimers in the original e-mail like this "This e-mail is intended for the use of the addressee(s) only..."

I'll just point out that even that disclaimer at the end of a company email has no legal standing, other than as a polite request only. (From what I've read.) You need a non-disclosure agreement (NDA) in advance from someone to get an agreement that they won't be disclosing something.