Re: NY Defamation matter

On Mon, 25 Jan 1999, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> I would like to hear off-list from anyone admitted to the bar of NY
> who knows the defamation law of that state and is familiar with Internet
> technology and "Netiquette" issues. This is for the purpose of
> referring an individual who has written me about an apparent defamation
> campaign being carried on against her by a Web site. She has a limited
> budget, and just needs some advice. It appears that the operators of
> the defaming Web site are minors. Demands that they stop are not only
> ignored, but are posted at the site and made the object of further
> ridicule. The woman who contacted me needs an effective, inexpensive
> way of getting a positive result. Any takers?

Most significant ISPs will have guidelines posted on netiquette, often with a pointer to further references.

Netiquette is a set of sociale mores, not legal prerogatives, much the same way as ettiquette is. Not sure how much this will help.

ISPs have generally been found not responsible for acts of their customers, at least in the US (German case law is different, AFAIK). I believe parents/legal guardians are legally responsible for their minor charges. You might be able to draw useful parallels in the world of telephony.

IANAL.

-- 
Karsten M. Self (kmself[_at_]ix.netcom.com)

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