Question: Finally, in responding to your peers’ posts, reflect on diverse defenses in internet tort cases.
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PEER POST # 1
How are tort laws helpful in protecting against invasion of privacy?
Tort, civil wrong, law is that which deals with civil wrongs recognized by law as grounds for a lawsuit (Craig, 2012). Tort laws in relation to privacy are helpful in the way that they define what invasion of privacy means in legal terms. This establishes a basis for pursuing compensation if damage is done or injunctions if that is appropriate.
What limitations do internet torts have?
Brian Craig (2012) highlights some of the defenses, or limitations, of internet torts with jurisdiction, consent, communications decency act (CDA), sovereign immunity, First Amendment, and statue of limitations. We discussed many times the problematic nature of establishing jurisdiction as it relates to authority over acts occurring through the internet. The CDA protecting service providers and website owners from liability unless found directly involved. Sovereign immunity preventing individuals from pursuing lawsuits against the government unless allowed by the government to do so. Respecting freedom of speech unless it crosses lines of harm or defamation. Imposing a time limit for individuals to bring forth suits.
How can people protect against these limitations?
To protect against these defenses a plaintiff should ensure that their case meets the criteria for the type of tort in which they are looking to pursue. If it were invasion of privacy does the action meet (1) unreasonable intrusion upon the seclusion of another; (2) misappropriation of a person’s name or likeness; (3) public disclosure of private facts; or (4) publicity that unreasonable places a person in a false light before the public (Cragi, 2012)? If not privacy, does it match the applicable criteria? In the case of other defense like suing the government agencies can it shown why such a case should be allowed? Yes, if the proper guidelines are followed it is possible such as in Florida the state can be sued if their claims requirements are met such as advanced notice and timelines not exceeded of three years (The Cahall Law Firm, PLLC, 2020).
Illustration of tradition vs cyber tort.
A traditional tort might include harm caused in an automobile accident. While a cyber tort might involve examples such as those given by Peterson Watts Law Group, LLP (2023):
- Using social media to defame or tarnish your image
- Trademark infringement
- Illegally downloading or dissemination of IP
- Having domain names pilfered
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PEER POST # 2
The tort of invasion of privacy encompasses four distinct causes of action: (1) unreasonable intrusion upon the seclusion of another person; (2) misappropriation of an individual’s name or likeness; (3) public disclosure of private facts about a person; and (4) publicity that unreasonably places a person in a false light before the public (Craig, 2013). Tort laws play a fundamental role in protecting individuals against the invasion of privacy. They provide a legal framework for individuals to seek recourse when their privacy is violated, whether through intentional actions, negligence, or other forms of wrongdoing.
However, certain limitations in internet torts make it challenging to protect individuals’ privacy rights fully. These limitations may stem from the difficulty in identifying perpetrators in the online space, the global nature of the internet, and the complex jurisdictional issues involved. To protect against these limitations, individuals can take several measures. For example, they can carefully manage their online presence by adjusting privacy settings on social media platforms, being mindful of the information they share online, and being cautious about the websites they visit and the links they click. Additionally, individuals can consider using encryption tools and other privacy-enhancing technologies to safeguard their online communications and activities.
An example that illustrates the difference between internet torts and traditional torts is defamation. In traditional torts, defamation often involves publishing false and harmful statements about an individual, damaging their reputation. On the internet, defamation can occur on a much larger scale and at a faster pace, reaching a global audience almost instantly. The viral nature of online content can exacerbate the harm caused by defamatory statements, making it more challenging to mitigate the effects and seek legal recourse.
