Shoplifting, Larceny, Robbery, Theft Identity Theft, Facebook, Cyberstalking, Photos, Google

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0458308

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My friend's friend (we'll call the victim A) has been cyberstalked.

According to my friend,
1.) the cyberstalker (we'll call the stalker X) has created an e-mail account.
2.) Then X created a Facebook account using A's name.
3.) X started to add A's friends on Facebook and collected somewhat sexual photos of A.
4.) After collecting those photos, X put them up on Photobucket with A's name on it.
5.) Finally, X put those pictures on a porn site. X did this by creating another free account on that porn site using A's name.

It does not end here. X, knowing where A works, impersonated A, chatted with numerous perverts on the porn site, and told them to come see A at work. Also, my friend told me that A has received junk porn e-mails as well.

So my friend convinced A to file a complaint. Another of A's friend messaged X on A's fake Facebook account and told X that X will be screwed since A has filed a lawsuit. X panics and decides to close all fake accounts and e-mail addresses.

However, fearing the IP address records, X goes on the internet and asks hackers on a hacker's forum to erase all those records for money. One hacker seeing this rather shady favor sends an e-mail to A (since on X's forum post, it mentioned A's e-mail address as well as X's name). A sends back a response to this hacker and the hacker posts it on the forum. This is how A finds out who X is and X finds out that A has found out.

This stalker is actually an old acquaintance of mine. X has confessed to me what was going on. X said X was very lonely and clinically diagnosed as depressed and anxious. I knew about X's depression, but I disbelieved X since X seemed to be doing well these days. X said that X tried to quit the crime but couldn't and said that if Facebook keeps records, it ought to show how X constantly deactivated and reactivated the fake account.

Even though X says this, A is emotionally traumatized and socially damaged. When A's name is typed in Google, those websites appear suggesting sexual activities, even though those accounts do not exist anymore.

Anyways, I'm feeling somewhat torn since I'm friends with X and A. What is the worst punishment that my friend, X, could receive? Could the law provide X with therapy?
 
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X could face monetary damages if A files civil suit. Your friend A should get a restraining order against X and report any violation of the order to the police. I'm not sure there is enough here for anything criminal. How did X get the pictures?
 
Ok, thank you. X got the pictures off of A's friends' Facebook pages. X could get those photos because X created that fake Facebook account and added A's friends.
 
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The picture's were in public domain, and your friend A had no expectation of privacy regarding the pictures. Anybody could do anything they want with those pictures, regardless of who might be added as friends on social networking sites.

There really isn't much here. Friend A could try to make a civil claim but the effort to make something significant out of this will be tough.
 
X did use A's name without consent though. And according to X's confession when I questioned him, the pornography website did have a checkbox to be checked if the picture is being used with the consent of who owns it (or was it who's in it...?). X did not have the consent but still checked the box and used it. Wouldn't this be infringing copyright? And isn't making a false account and impersonating that person, identity theft?
 
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LOL

....

First off in order for a piece of "art" to become copyright protected one must register it with the U.S copyright office.

Second, identity theft refers to an actual fraud used to gain benefits.

I applaud you on trying to be a big man for your lil girly friend, but you are so far out in left field it's funny.

Seriously if she is that upset petition for a restraining order, don't try and make up laws, you are acting even more childish then Agent X.

Ross-
 
Ok, well I'm not a lawyer or anything so it might be funny to you, but I really have no idea about these specific stuff. I'm a layman and that's why I posted a question on a law forum. Ross give me a break. ...But now that I read what I wrote, it is kind of embarassing. I'm going to edit. Thanks though.
 
LOL

....

First off in order for a piece of "art" to become copyright protected one must register it with the U.S copyright office.

Second, identity theft refers to an actual fraud used to gain benefits.

I applaud you on trying to be a big man for your lil girly friend, but you are so far out in left field it's funny.

Seriously if she is that upset petition for a restraining order, don't try and make up laws, you are acting even more childish then Agent X.

Ross-
Wrong. Copyright exists the second you create something. You do NOT need to register it at the copyright office unless you wish to have further protection in case you need to file legal action. However, if it's online, you can file DMCA notices to have things removed if you are the creator and/or authorized person for said work. You can register anything you create by going to copyright.gov/eco and paying the 35 dollars to register.
 
Wrong. Copyright exists the second you create something. You do NOT need to register it at the copyright office unless you wish to have further protection in case you need to file legal action. However, if it's online, you can file DMCA notices to have things removed if you are the creator and/or authorized person for said work. You can register anything you create by going to copyright.gov/eco and paying the 35 dollars to register.

So, if someone posted something on an internet forum, then asked the forum owner to delete them, and he refused . . . because he claims ownership of the content on the site . . . what's up?

Who has control over what they post . . . them or the site owner?
 
In theory, this could be a violation PC 502(c) and/or PC 653m, but not stalking as no threat of harm seems to be present. It also might contain a civil tort as covered under the Civil Code section 1708.7.

Your friend might want to report this to the police. Now, the police may not be able to do a whole lot depending on where the suspect lives and the depth of the investigation that might be required, but your friend should probably report this.

And, no, "the law" will not provide therapy for her. But, she can always seek treatment or counseling through the county's health services agency, or whoever handles such things where she lives. If the criminal allegations fall under one of a series of enumerated violent offenses (and I doubt it will) she might be eligible for additional services through county and state victim's assistance programs.

- Carl
 
First off in order for a piece of "art" to become copyright protected one must register it with the U.S copyright office.
From the US Copyright Office's FAQ:

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section "Copyright Registration."


Second, identity theft refers to an actual fraud used to gain benefits.
Not entirely true in the OP's state of California. However, this does not appear to be a case of identity theft as defined under CA state law pursuant to PC 530.5.

- Carl
 
In theory, this could be a violation PC 502(c) and/or PC 653m, but not stalking as no threat of harm seems to be present. It also might contain a civil tort as covered under the Civil Code section 1708.7.

Your friend might want to report this to the police. Now, the police may not be able to do a whole lot depending on where the suspect lives and the depth of the investigation that might be required, but your friend should probably report this.

And, no, "the law" will not provide therapy for her. But, she can always seek treatment or counseling through the county's health services agency, or whoever handles such things where she lives. If the criminal allegations fall under one of a series of enumerated violent offenses (and I doubt it will) she might be eligible for additional services through county and state victim's assistance programs.

- Carl

Thank you for the reply. But you have a couple of misunderstanding of this incident. First, the victim already knows who the stalker is and that's why the victim can file a lawsuit if viable after a consultation with the victim's attorney. Secondly, I didn't mean therapy for the victim but therapy for the stalker if a lawsuit does happen. Reconsidering those two points, do you think you can give me a different answer? Thanks again.
 
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absolut acid,

Can you read? Did you read what CdW wrote?

and you're acting like a total douchebag about something you are

wrong wrong wrong

about.
 
absolut acid,

and you're acting like a total douchebag about something you are

wrong wrong wrong

about.

Read very carefully rasqal. The question was rather he could sue him based on copyright infringement. Now read mine and Carl's response even more carefully. In order to press charges for copyright infringement, one must have REGISTERED their copyright with the US. Copyright Office.

"You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work."

I am sincerely sorry if you thought I was being a douchbag, I get offended at how easily people look to waste tax payers money on frivolous lawsuits.

Please brush up on your Intellectual property laws before you call me wrong wrong wrong in the future.

Thanks,

Ross-
 
Well, the initial question was what kind of punishment can X receive. I understand about the copyright now, so please no more of this ego-smashing battle. Ross, I think you should be careful with what you post. You can sound really cocky, and people can get annoyed at you for it. I think interpersonal skills is essential in consultations and logical discussions. Same with the other people. Just because one person says something in a provocative way, it doesn't mean the response should be in the same manner. Anyways, what can happen to my friend X?
 
Ha ha ha. What a loser.

I may be a loser, but you just got slam dunked on.


count it..

Ya I'm sorry for being rude with you 0458308 I might of been a tad intoxicated last night. From what it sounds like to me Agent X seems very apologetic for his behavior. Seeing how he was a past friend of yours I would suggest you let sleeping dogs rest. If he continues with his "childish behavior" advise your girly friend to petition for a restraining order.
 
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Thank you for the reply. But you have a couple of misunderstanding of this incident. First, the victim already knows who the stalker is and that's why the victim can file a lawsuit if viable after a consultation with the victim's attorney. Secondly, I didn't mean therapy for the victim but therapy for the stalker if a lawsuit does happen. Reconsidering those two points, do you think you can give me a different answer? Thanks again.
It's not a different answer so much as it is a refinement of the original answer.

Knowing who the "stalker" is does not mean you can PROVE who the stalker is. Also, the plaintiff will have to articulate damages in order to bring a successful suit. They are certainly free to hire an attorney to help build the case, but the plaintiff will have to understand that obtaining subpoenas for the information they will likely need could be pricey.

As for the therapy, even a criminal prosecution is not likely to mandate therapy unless there is some mental illness to the case ... that is, assuming that it is criminally prosecuted. Counseling is not outside the sphere of possibilities, but it is not the first alternative option that leaps to mind when you think of the penalties for such cases. But, if a defense attorney thinks that will keep his or her client out of jail, he just might offer it up.

If the civil options taken it will be entirely incumbent upon the plaintiff to pursue. The plaintiff will have to pay the freight for the whole investigation and al lthe court filings and hope that he or she can get compensation out at the far end. If the "stalker" does not have income or assets, compensation may be a long time coming.

This will not be easy.

Has the victim reported this to the police at all? I forget whether you answered this already. If so, what have the police said?

- Carl
 
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