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Defamation, Invasion of Privacy, Harassment via E-Mail - Case Law?

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  • lawdog798@aol.com
    Hello Listmates: I am looking for either case law or recent experiences which addresses the following issue: Whether an employer is liable for defamation,
    Message 1 of 3 , Aug 6, 2002
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      Hello Listmates:
      I am looking for either case law or recent experiences which addresses the
      following issue: Whether an employer is liable for defamation, invasion of
      privacy and/or harassment when its employee, through his institutional e-mail
      address, commits these acts against a third party who is not connected to his
      place of employment.

      The tortfeasor proudly signs his e-mails with his name and position (he is a
      director) at the educational institution from which the e-mails originate. I
      do not believe that he is sending these e-mails within the course and scope
      of his employment. Thoughts?
      Thanks in advance!
      Lowell Steiger, Attorney at Law
      8383 Wilshire Boulevard, Suite 830
      Beverly Hills, California 90211
      (323) 852-1100
      (323) 852-1033 fax


      [Non-text portions of this message have been removed]
    • liusiguang
      From an investigative standpoint, you must first determine if the suspected actor is, in reality, the sender. Spoofing another s email is certainly doable .
      Message 2 of 3 , Aug 6, 2002
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        From an investigative standpoint, you must first determine if the
        suspected actor is, in reality, the sender. Spoofing another's email
        is certainly "doable".

        In regard to liability on the part of the institution, that, in part
        depends on their acceptable use security policies. If they
        specifically prohibit such actions and the actor has signed that he
        is aware and understands, then the organization is in a much more
        defensible position.

        You might want to research whether the emails were intrastate, moving
        the focus to the federal level, too.

        I would need more information before speaking further.

        Hope this helps...
        LSG
      • d howe
        An attorney spoke on this at the PNAI Spring Seminar in 2001, and he said an email policy needs to be in place, plus actively enforced. If the policy exists
        Message 3 of 3 , Aug 6, 2002
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          An attorney spoke on this at the PNAI Spring Seminar in 2001, and he said an
          email policy needs to be in place, plus actively enforced. If the policy
          exists without enforcement, it has no value. The enforcement needs to apply
          to everyone, and cannot apply selectively or when it is convenient.
          Del Howe
          Covington Investigations Inc
          WA 602 209 752
          ----- Original Message -----
          From: "liusiguang" <liusiguang@...>
          To: <infoguys-list@yahoogroups.com>
          Sent: Tuesday, August 06, 2002 12:01 PM
          Subject: [infoguys-list] Re: Defamation, Invasion of Privacy, Harassment via
          E-Mail - Case Law?


          > From an investigative standpoint, you must first determine if the
          > suspected actor is, in reality, the sender. Spoofing another's email
          > is certainly "doable".
          >
          > In regard to liability on the part of the institution, that, in part
          > depends on their acceptable use security policies. If they
          > specifically prohibit such actions and the actor has signed that he
          > is aware and understands, then the organization is in a much more
          > defensible position.
          >
          > You might want to research whether the emails were intrastate, moving
          > the focus to the federal level, too.
          >
          > I would need more information before speaking further.
          >
          > Hope this helps...
          > LSG
          >
          >
          >
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