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Posting Personal Info online

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Joshua2007

Junior Member
Idaho. Is it illegal to post personal information to an online community such as Craig's List about someone? Such as names, addresses, social security numbers?
 


moburkes

Senior Member
Idaho. Is it illegal to post personal information to an online community such as Craig's List about someone? Such as names, addresses, social security numbers?
Well, how's this? The KKK did it for the JENA 6 families, and the FBI are trying to find something to charge them with.
 

quincy

Senior Member
Although I like moburkes response better, the answer, Joshua2007, is Yes. It is illegal.
 

Joshua2007

Junior Member
Well, I had some personal items stolen from my storage shed. I have received some of it back; but not all and not the most important items such as letters from my brother who has passed away, family pictures, momentos that I saved my entire life; irreplaceable items. The items I did receive back were found in their homes; they have plead and are getting nothing but a slap on the hand. I thought I'd post a Thank You letter of sorts to them online. If nothing more than to make me feel a little better; I know juvenile but just the same**************.....
 

moburkes

Senior Member
Well, I had some personal items stolen from my storage shed. I have received some of it back; but not all and not the most important items such as letters from my brother who has passed away, family pictures, momentos that I saved my entire life; irreplaceable items. The items I did receive back were found in their homes; they have plead and are getting nothing but a slap on the hand. I thought I'd post a Thank You letter of sorts to them online. If nothing more than to make me feel a little better; I know juvenile but just the same**************.....
Anybody can sue anyone for any reason. If you have lots of money available to defend yourself in a potential lawsuit - knock yourself out.
 

quincy

Senior Member
Joshua2007, although I know you are tempted to get back at them, it is not wise to publish defamatory comments online. It may not be very likely that these guys would sue you, but you could be sued - and even if everything you print is the truth, you would still spend lots of money (LOTS) defending yourself against a defamation charge.

The police are unable to recover any of the other items?
 
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CdwJava

Senior Member
Although I like moburkes response better, the answer, Joshua2007, is Yes. It is illegal.
Why is it illegal? I can't think of any statute covering this in my state. Is that something just for Idaho?

It's assinine and can subject the person posting the info to all manner of civil suit, but I'm not sure if would be criminal.

NOTE: In CA it is INTENT that can make the act criminal, not merely posting it out of spite.

- Carl
 
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quincy

Senior Member
Carl, it is NOT illegal to post someone else's social security numbers online?? Names and addresses, maybe, but you get into all sorts of privacy law violations with the social security numbers. Plus, if anyone else uses these numbers to obtain ID or credit, it comes right back to the poster. And the defamation is just stupid, true or not.
 

CdwJava

Senior Member
Carl, it is NOT illegal to post someone else's social security numbers online?? Names and addresses, maybe, but you get into all sorts of privacy law violations with the social security numbers. Plus, if anyone else uses these numbers to obtain ID or credit, it comes right back to the poster. And the defamation is just stupid, true or not.
Not under CA state law, no ... at least I cannot find any section that covers it or reference to it in the identity theft manuals I have recently perused for this topic. In all instances it requires some intent to defraud or to use for an unlawful purpose, or passing it on with the knowledge that it will be used for an unlawful purpose.

Sorry, but I don't think it's a crime merely to post on the internet. Stupid? yes. Opening one's self up to civil suit? Certainly. But criminal? i don't think so ... at least, not on its face.

- Carl
 

quincy

Senior Member
An invasion of privacy action covers an invasion of privacy so severe that it would cause more than just a minor annoyance to a reasonable person of reasonable sensibilities. Publishing a social security number is covered by this.

The right to this privacy has been recognized as a constitutional right when it comes to invasion of these rights by the government, but almost every state recognizes the four privacy torts: Intrusion on physical solitude, publication of private matters violating ordinary decencies, putting someone in a false light in the public eye, and appropriation of some element of a person's personality. The Privacy Act limits the disclosure of individually identifiable information by the government. This carries over to state court decisions, as well.

See www.privacy.ca.gov and Civil Codes 1798.85 - 1798.86. See The Privacy Act of 1974 (5 U.S.C. 552 a) and the Freedom of Information Act (5 U.S.C. 552) and the Social Security Act Amendment of 1990 (42 U.S.C. 405 (c)(2)(C)(viii) and the California Family Code Section 2024.5 (I read over the California codes quickly, but I think they are appropriate here).
 
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Joshua2007

Junior Member
So why can't I just post names and addresses? That's pretty much public record isn't it? And it's a fact that they stole from me because some of my property was in their home.
 

CdwJava

Senior Member
An invasion of privacy action covers an invasion of privacy so severe that it would cause more than just a minor annoyance to a reasonable person of reasonable sensibilities. Publishing a social security number is covered by this.

The right to this privacy has been recognized as a constitutional right when it comes to invasion of these rights by the government, but almost every state recognizes the four privacy torts: Intrusion on physical solitude, publication of private matters violating ordinary decencies, putting someone in a false light in the public eye, and appropriation of some element of a person's personality. The Privacy Act limits the disclosure of individually identifiable information by the government. This carries over to state court decisions, as well.
You are talking about two different issues: Release by government actors, and private parties.

There are certainly laws governing the release of this information by government actors and even certain private entities (financial institutions, employers, etc.) but not even all of these violations are criminal in nature.

A private party is not subject to the same restrictions imposed upon the government. And I am at a loss to find a statute in federal or state law that covers these sorts of disclosures by private parties where there is no demonstrable intent to defraud. There may well be some federal statute that DOES cover it, but i cannot find one ... and i doubt the feds would waste time going after it.

But, Idaho MAY have some laws covering the release of this information, who knows? My state does not appear to have any state law preventing such a release by private parties, but other states just might. But, then you get into some pretty tenuous grounds when dealing with spouses, financial institutions, etc. as otherwise benign acts could suddenly be criminalized if intent was no longer an element of a criminal act.

- Carl
 

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