The internet provides users greater avenues to exercise their First Amendment right to free speech. The “anonymity” of the internet allows individuals to express themselves using online pseudonyms. However, the same veil of anonymity can be used to harass or threaten others. Sometimes referred to as trolling, baiting or flaming, e-harassment runs rampant in internet communities such as MySpace, Live Journal and Yahoo Groups.
The Communications Decency Act of 1996 (”CDA”) Section 230(c)(1) shields providers of interactive computer services from liability for the actions of the individuals using those services. The law may also apply to employers that provide internet access to employees.
A recent case entitled Delfino v. Agilent Technologies, Inc, 2006 SOS 6033 granted immunity to an employer under the CDA. In that case, an employee of Agilent Technologies, Cameron Moore, posted anonymous threats on message boards and sent harassing e-mails to the plaintiffs through the employer’s server. Plaintiffs sued Agilent and Moore for negligent infliction of emotional distress and intentional infliction of emotional distress, claiming that Agilent knew Moore was using its computer system to threaten the plaintiffs and failed to prevent him from harassing them.
Moore posted numerous threats against plaintiffs on a Yahoo message board primarily under the screen name “crack_smoking_jesus”. The FBI traced the user’s IP address to Agilent’s computer system. Agilent, cooperating with the FBI, then traced the e-mails and message board posts to Moore. Agilent was not informed of the precise content of the messages, but met with Moore to discuss his use of the company’s computer system. Moore denied sending the messages. Agilent’s Standards of Business Practices included a section prohibiting use of company computer systems to send threatening or harassing materials. Moore was eventually terminated for this violation. Attorneys for the plaintiffs documented their quest for the anonymous user’s identity in a law review article. See Eisenberg & Rosen, Unmasking “crack_smoking_jesus”: Do Internet Service Providers Have a Tarasoff Duty to Divulge the Identity of a Subscriber Who Is Making Death Threats? (2003) 25 Hastings Comm. & Ent. L.J. 683.)
The court, using a broad application of CDA Section 230(c)(1) held that Agilent, by granting its employees internet access, was an interactive computer provider and it was not liable for the alleged torts arising out of employee communications sent through its computer system.
Full text version of Delfino v. Agilent Technologies.
For more information on e-harassment, please visit the following Wikipedia sources:
Internet Troll
Baiting
Flaming
Cyber Stalking Statistics (2002):
- 62% of Cyber Stalking Victims are Female, primarily ages 18-24.
- Groups most at risk for Cyber Harassment include:
- Women, particularly abused women
- Special Ability Groups
- Minors
- Members of Minority Groups
- New Internet Users
- Cyber Stalking Offenders are primarily male, but the number of female cyber stalkers is growing steadily.
- 25% of Offenders are personally known by their victims.
- 62% of all Cyber Stalking Victims are located in the United States
Source: http://www.wiredsafety.org/resources/powerpoint/cyberstalking_study.ppt