Cyber Torts And The Workplace

For the first Case Assignment, please answer the following questions. You can submit your paper in a Question and Answer format. In other words, list the questions and provide a short answer to each.

Cyberharassment. Cyberharassment differs from cyberstalking in that it may generally be defined as not involving a credible threat. Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. Some states approach cyberharrassment by including language addressing electronic communications in general harassment statutes, while others have created stand-alone cyberharassment statutes.

Your paper should be between 1750 and 2500 words, in APA format and structured as follows:

Describe your writing process for this paper: How did you choose an article to analyze? What methods did you use to read and analyze the article? What methods did you use to brainstorm your ideas? How did you decide on the organization of your paper?

NOTE: Be sure to answer each question in complete sentence. Be sure to proofread your answer for correctness in grammar, spelling, punctuation mark, etc. Your answer must be word-processed, double-spaced (repeat, double-spaced), with 10-12 font size. Be sure to write your NAME and ID number in your paper.

Computer misuse Act has been enacted after some cyber attacks, for instance the hacking attack against British Telecom commited by Robert Schifreen and Stephen Gold, between 1984 and 1985, using conventional devices such as a personal computer, to surfing in the BT network after obtain the user and password of an IT engineer. They had access to the personal mail box of some members of royal family. They were fined respectively with 750 and 600 pounds after being processed. Thus the law in the UK has been revised and for instance,since 2006,crimes such as attempt or achieve unauthorised access to a computer or network to alter information, or to write and circulate a computer virus ,worm and trojan horse are punishable with a maximum of 10 years in prison.

This introduction will give a brief overview of what this essay will include, also giving brief definitions of any key theories and concepts that will be used throughout.

The interest protected by the tort is intangible. Therefore, proof that a recognized economic interest was harmed is not required. For this reason, Sharpe JA capped potential damages at $20,000. Sharpe JA is trying to leave room to differentiate between degrees of highly offensive intrusions. He concluded that a range is necessary to maintain “consistency, predictability, and fairness between one plaintiff and another”.

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This paper will be broken into nine paragraphs including the opening and concluding paragraph. My opening paragraph will consist of a thesis sentence that sets the stage for

In the article “Sacrificing the First Amendment to Catch ‘Cyberbullies’” it states “Like it or not, implicit within the text of the First Amendment is the right to be as cruel as one wants, right up to the point of libel or slander.” The framers of the constitution also states that man cannot be denied free speech. Even though some may disagree, prosecuting cyberbullies would not be beneficial. Clearly, individuals should not be punished for statements made on the internet.

When someone tells you that they are being abused you should always follow your company’s policies and procedures, listen and not to judge or asking leading and closed questions. Let the person tell you in their own words what has or is happening. Give reassurance to the individual and take the accusation seriously it may have taken the persons to build up a lot of confidence to speak out. Record it on the appropriate paper in the appropriate way and you should always date and sign the paperwork, if there are any witnesses then get them to also sign and date. If possible take pictures for evidence.

Your assignment is to be not more than 8 pages double spaced using Time Roman 12 point font. It is to have an introduction and conclusion. You must include reference to the course readings or sources outside the course that you have consulted in preparation for this assignment. Be sure to properly cite your references and to provide a reference list following the conclusion to the essay. Make liberal use of section and sub-section headings in the structure of the

“Cyber bullying is defined as using the computer or other electronic devices to intimidate, threaten or humiliate another individual,” Admin October 13th, 2008. As the

A legal claim based on defamation entitles the victim to recover aginst the person making the defamatory remarks or their emotional damages. On top of that the victim could be able to sue for punishment dammages. Defamation can be proved on a person’s word alone. It is much more successful to have some sort of evidence like a paper, article, an e-mail, etc. In a defamation case damages do not have to be proven during the testomony. The plaintiff dose not have to testify that they were emotionaly destroyed or had to seek profesional help. The defamatory statement dose not have to be published out side of a company or group of people. Internal attacks can also be concidered defamatory. Each repition of the remark can be concidered a new attack. One of the biggest problems in proving defamation is that in some cases a person may have privlage to make the remarks. During a judicial proceding absolute privlage is given. Even if the remark is false the it can not be concidered slanderous in that setting. The defamer can make intentionaly untrue statements free of legal reprehension. A person with even a limited privlage such as an employer may still lose their privlage if the statement is made with malicious intent and reckless disregard.