Chad West and Laura Martin
Local officials stepping up enforcement of new Internet harassment law targeting those who harass, impersonate others online
DAVID TAFFET | Staff Writer
taffet@dallasvoice.com
Dallas police and the Dallas County District Attorney’s office have begin stepping up enforcement of a 2009 Internet harassment law that makes it a felony to impersonate, imitate or otherwise harass others in e-mails, instant messaging programs and commercial social networking sites.
And some gay men who use online dating and social media sites are getting caught in the crosshairs.
“Word is getting out about the law,” Dallas LGBT police liaison Laura Martin said, adding that she’s spoken to a number of people who have been harassed with phone calls, Internet posts and fake Facebook pages.
“It usually happens when a relationship ends,” Martin said, “[when] someone is seeking revenge.”
She said that usually the person filing the complaint just wants the harassment to stop. And when she’s made calls to the person, Martin said, it usually does stop.
But with the new Texas Penal Code 33.07, those using such sites to harass someone could be charged with a felony.
Since the beginning of July, criminal defense attorney Chad West said he has signed four new clients charged under the law. Three of them are gay.
The cases are varied. One involves harassment through a Facebook page; another is a “text message situation,” West said.
West said one of his clients had been dating a closeted man for years. When the closeted man broke off the relationship, the two remained in touch for awhile, but then the closeted man wanted to cut off all communication.
West said his client told him his feelings had been hurt by his ex’s actions and then “one night he did something stupid.”
On Craigslist, the client posted his ex’s first name, last initial and cell phone number with a picture of someone else. Within minutes the ex began receiving calls.
After talking to one of the callers, the victim found the page on Craigslist, printed it off and filed a complaint with the police who tracked the IP address.
West’s client, with nothing prior on his record other than speeding tickets, was arrested and charged with a third degree felony. If convicted, he faces two to 10 years in prison and a $10,000 fine.
In another case, one man was impersonating his boyfriend online. Using the victim’s passwords, he signed onto dating sites such as Manhunt to find out if the victim was cheating on him.
Cheating is not a crime. Impersonating someone else online in Texas is. And that man has now been charged with a felony.
Manhunt does what it can to prevent that sort of situation, Manhunt CEO Adam Segel said. A button on profiles allows a member to report fake or malicious profiles.
“Whenever Manhunt receives reports of harassment between users, we investigate to the best of our ability and take whatever steps are necessary to rectify the situation,” Segel said.
“This may include suspension or deletion of the offending user’s account,” he explained.
Segel said that Manhunt always cooperates with the police once officers have obtained a subpoena, but those instances are rare. “Fortunately this isn’t something we hear about very often,” he said.
West has spoken to the victims in all of the cases he represents. He said that all of them just want this to go away and that none seem interested in appearing in court to testify about intimate details of their lives.
And that’s the best hope West’s clients have.
Defending the charge is difficult when police have hard computer evidence of where the harassment originated and when a victim is willing to testify, West said.
The Craigslist case is furthest along and may be reduced to a Class A misdemeanor, but that still carries the possibility of up to a year in jail and a $4,000 fine. Probation or deferred adjudication are possibilities as well. Even if dismissed, the legal fees can mount quickly.
West said one of the victims he spoke to isn’t interested in putting his ex in jail but wants him to get counseling. A judge could set that as a condition of the probation or deferred adjudication.
Katherine Robinson is an assistant Dallas district attorney who prosecutes Internet crimes. She said that her office looks at cases like these very carefully, but because the law is still new, she hasn’t seen any cases come to trial.
Robinson said the Texas law was prompted by a 2006 cyber-bullying case in Missouri.
Megan Meier, 13, took her own life after being told online that the world would be better off without her by “Josh,” a boy who friended her on MySpace.
“Josh” turned out to be Lori Drew, an adult woman. Megan was one of her daughter’s classmates.
However, Drew had not violated any criminal law at the time. She was charged and acquitted of violating the terms and conditions of MySpace under the Computer Fraud and Abuse Act.
Robinson said that after that case, legislatures started enacting stricter Internet harassment laws.
“That case hit home how devastating it can be,” Robinson said.
Assistant District Attorney Rick Watson has handled two cases under the Internet harassment law.
“I talk to the victim, balance what they want and make sure the public is safe,” he said.
In one case, a high school student created a Facebook page with another student’s information and made threatening remarks.
The student received four years probation but only after a psych evaluation to make sure he was not a danger.
Watson said the student thought he was pulling a prank, and had no idea he would be charged with a felony.
Watson said that although charges may be reduced, they’re not likely to be dismissed.
West warned that although these cases may eventually be pled to misdemeanors, the arrest and associated costs can be enormous. He said that the potential is a felony conviction and with all the attention placed on bullying last fall, Internet harassment is being taken seriously by law enforcement in Dallas.
And Dallas County is not the only place police are pursuing these cases. Of West’s four clients, only two are in Dallas. One is in Denton and another is in Collin County.
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TEXAS PENAL CODE
Sec. 33.07. ONLINE HARASSMENT.
(a) A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:
(1) Without obtaining the other person’s consent; and
(2) With the intent to harm, defraud, intimidate, or threaten any person.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47 U.S.C. Section 230;
(4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or
(5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.
(f) In this section:
(1) “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.
(2) “Identifying information” has the meaning assigned by Section 32.51.
This is just a publicity stunt – they’re not really serious about it.
There’s a woman named Ginger Germany from South Dallas who often posts incredibly hateful stuff, using my name.
I called the cops to see what can be done, and they just said “hire a lawyer”.
Sanders, Get in touch with Laura Martin. That is not how the police or DA’s office is handling this. There are limitations to the law, however, but both police and DA are taking this new law quite seriously.
I wonder if the law includes people who make up fake names and emails and post on craigslist or places like that to hook up. Can you prosecute someone who uses a fake name to hook up for sex? After all, there is probably someone out there in the world with the fake name they are using.
I think its funny. If people would act right to begin with and not give their bfs/gfs a reason to be suspicious then they wouldn’t have to resort to such means to find out the truth.
I am guilty, I have done something like this. I was dating a guy and he kept giving me suspicious excuses for cancelling or postponing dates, so I created a fake Adam4Adam ad, complete with a picture of a guy that he would be interested in…..and low and behold, he took the bait…….I chatted with him, got him interested enough in meeting and told him to meet me at a coffee shop, (the entire time I was printing out the emails)….so imagine the look on his face when I showed up with the emails in hand….then he had the audacity to say it was just for play and he never intended on meeting the “fake” person, even though he SHOWED UP where the “fake” person told him to meet.
Unless there is physical harm to someone there is no need for this law to be a felony……..just more government control if you ask me.
People should just be honest and crap like this wouldn’t have to happen.
Nathan: No, the law is about assuming someone’s identity to cause that person harm. Even if you assumed a name that was someone else’s, you wouldn’t be posting that person’s picture, phone or address or making threats under that name to cause him harm.
Josh: Again, you assumed a fake identity, not someone else’s identity. And under that assumed name, you were not making threats or trying to harm anyone. The law does go beyond physical harm, but it is about bullying, not about entrapping a boyfriend. However, had you assumed HIS identity online and used it to harm him, he could have had you charged with a felony.
That’s how the D.A. in Dallas is using the law. However, the law has not been tested in higher courts yet, so how far prosecutors can go with it is not known, since the law is new.
Communications Decency Act of 1996 (CDA) is what the loophole is. Anybody can start a website, let random people post comments about anybody or anything. As the web admin one gets away with it, even after the party that posted is requesting the webadmin to take them down. The webadmin can use this information to make money from ads and give out information to 3rd parties.
There has to be some clause in CDA where a webadmin can be held responsible for his actions when people are begging him to take some contents off that can ruin their lives. No law, no lawyers or anybody is even willing to look into this. Freedom of speech is one thing, but using that to ruin one’s lives, his family, his dreams, his career etc is no law.
Best reason for enforcement: http://www.talhotblond.com. Internet love triangle ends in death – no one ever met the “hot teenager” in person
I am very sorry to say that the laws are way behind. In my experience most officers, lawyers are not even aware of Communications Decency Act of 1996 (CDA) which lets the host act any way they want.
People are stupid not to realize what they are doing online. I don’t think things will change anytime soon. Maybe some day, someone who is in a position to change will realize when someone of their own becomes a victim. Until then, the common man can only suffer, do nothing.
how can craigslist be included in this new law as it clearly states “post to classifieds” and gov perry just signd a bill to include ALL websites due to 4 men doing just this ti exwives an couldnt be prosecuted as cl was “not A social network,,,,if so i guees that means the newspaper personals are “social networking” as well….or writing on the bathroom wall “for a good time call”????
Danger from nuts People appose war and for that matter violence to solve problems but refuse to do anything to communicate to solve situations before it is needed. There just has to be away to tell people the truth without being harmed by trusted government retribution assaulting your character. People tend to believe the worst in situations for their own safety and prosperity rather than get involved. Silence is the root of all evils as it allows the infestation to grow. Mr. Petras writes a great article in Veterans Today as a prelude to the situation at hand in the world economy. Our government uses our money to help other nations, which do not even respect our form of government. No one wants to appose for fear of retribution by the special interest supporting these ungrateful leaches. Our elected and government officials get rich while they represent us as trusted government officials and we the average citizen loose economic life. The reason to get into government for power and prosperity does little to make the USA stronger and better. War and Violence as in the creation of the USA brings death and destruction with in a civilized society. Feeding other nations and making economic growth for them to see their defiance in return makes no since. The people of the USA must come first and fore most. Newspapers cannot be allowed to censor the opinion of the people about government wrongs for any reason. To allow the State of New Hampshire to single out a 100% disabled US Military veteran as retribution against this citizen’s free speech demonstrates just how low our safety has become. Government retribution creates fear and alienation and draws the need to abolish good government officials that greed has become dominant in. Silence in a civilized society is a character flaw as selfishness in ones self allows greed and power in others to become stronger. Flashbacks and nightmares control my sleepless nights as the world becomes dimmer with the need to escape. Reality creates the opportunity for trusted government officials to use combat disabilities to draw fear as a weapon. Citizens see safety to appose public support for selfness and greed in one’s own character make silence a must. War and violence comes from a civilized society that refuses to communicate. Stop a disabled US Military veteran’s medical care as the citizens of the USA stay silent is to see how fear creates the need for violence even if it is apposed by the people. Suicide is what our NH and VA government officials are calling for. Silence in my own civilized society leaves little chance for light to ever bring me home. Peter Macdonald Sgt USMC Semper Fi