Criminal activity in creating false Facebook account and posting regarding business?

[drmk24]

What is the name of your state (only U.S. law)? New York
Not sure if this is best place to post, but curious if I have any legal options....

My wife and I own our own small business, LLC. We have 8 employees. One of our employees has a very disgruntled ex-wife who has been creating Facebook accounts with our company logo as the cover picture. She is then going on to create posts stating that people should not get involved with our company because of the employees we hire. This 'ex' is taking photos from our Facebook page and posting them on the fake accounts, making them appear that they are real. She is also taking pictures from the particular employee's new husband's (I know, this is confusing) Facebook page and posting that he is a child molester and that he is at our events taking pictures.

The employee is saying she does not want to take legal action because she can not prove that it is her exwife doing the actual posting.

I would like to do something, being that I feel this is negatively effecting our business, but not sure if anything can be done about simply reposting pictures on facebook.

Thank you in advance for any help.

 

[cbg]

When you contacted Facebook about this issue, what did they say?

 

[quincy]

What is the name of your state (only U.S. law)? New York
Not sure if this is best place to post, but curious if I have any legal options....

My wife and I own our own small business, LLC. We have 8 employees. One of our employees has a very disgruntled ex-wife who has been creating Facebook accounts with our company logo as the cover picture. She is then going on to create posts stating that people should not get involved with our company because of the employees we hire. This 'ex' is taking photos from our Facebook page and posting them on the fake accounts, making them appear that they are real. She is also taking pictures from the particular employee's new husband's (I know, this is confusing) Facebook page and posting that he is a child molester and that he is at our events taking pictures.

The employee is saying she does not want to take legal action because she can not prove that it is her exwife doing the actual posting.

I would like to do something, being that I feel this is negatively effecting our business, but not sure if anything can be done about simply reposting pictures on facebook.

Thank you in advance for any help.

The first step is as cbg suggested, and that is to contact Facebook. That might resolve your issue.

A second step can be to file a complaint with the police. The creator of the fake Facebook accounts and pages is committing a computer crime.

If you need a third step, and you do not know the identity of the person creating the fake Facebook accounts, you can have an attorney post to the Facebook pages a cease and desist letter, advising the poster that if the material is not immediately deleted from its place online, civil or criminal action will be considered and/or pursued.

If you need a step four, you will have to decide if the harm to your business is great enough to spend the money to pursue legal action (file a John Doe suit and take the steps necessary after that to unmask the anonymous poster).

 

[Zigner]

A second step is to file a complaint with the police. The creator of the fake Facebook accounts and pages is committing a computer crime.

Can you clarify this one? The OP didn't say that the other party is actually claiming to be that business, just that they're using the company logo as their profile picture...

 

[AdoptADog]

Asking Facebook to remove the photos is the first stop. They are owned by the originator and have protections as such.

 

[quincy]

Can you clarify this one? The OP didn't say that the other party is actually claiming to be that business, just that they're using the company logo as their profile picture...

I wish I could clarify that one.

I was checking out New York's computer crime laws as I was posting but I didn't find what I expected to find. Here is a link to the NY Penal Code Section 156.30: http://ypdcrime.com/penallaw/article156.htm

Perhaps what I am thinking of is not listed as a computer crime but I am pretty sure creating fake accounts to harm a business or person is in the Penal Code ... somewhere.

 

[Zigner]

I wish I could clarify that one.

I was checking out New York's computer crime laws as I was posting but I didn't find what I expected to find. Here is a link to the NY Penal Code Section 156.30: http://ypdcrime.com/penallaw/article156.htm

Perhaps what I am thinking of is not listed as a computer crime but I am pretty sure creating fake accounts to harm a business or person is in the Penal Code ... somewhere.

Fair enough

 

[quincy]

What is the name of your state (only U.S. law)? New York


... ex-wife who has been creating Facebook accounts with our company logo as the cover picture ... going on to create posts stating that people should not get involved with our company ... taking photos from our Facebook page and posting them on the fake accounts, making them appear that they are real ... taking pictures ... and posting that he is a child molester and that he is at our events taking pictures ...

... I feel this is negatively effecting our business ...

Zigner, here is a link to what I had been looking for earlier and thought would be under the computer crime laws (which it isn't ).

New York Penal Code Article 190, Section 190.25:

http://ypdcrime.com/penal.law/article190.htm

 

[tranquility]

Zigner, here is a link to what I had been looking for earlier and thought would be under the computer crime laws (which it isn't ).

New York Penal Code Article 190, Section 190.25:

http://ypdcrime.com/penal.law/article190.htm

Like Zigner, I did not know the exact statute violated. I also rather doubted there was something with specificity. But, I also remembered the books I have read that we all violate the law every day. Should this set of facts lead to a criminal violation of the law?

Personally, I think not. I don't think the Sheriff need kick in a door to stop the hooligan. Sometimes? Sure. Especially if you pay enough money for access to the prosecutor. I accept the code referenced could lead to a conviction based on the OP's facts. Heck, I bet there could be an argument of a violation of the TOS of Facebook that leads to criminal problems as well. Any prosecutor can make a case against the behavior under any of a number of statutes.

What is the purpose? What is the issue? At what point do we talk of the letter of the law over the spirit?

I totally agree there can be envisioned a criminal violation of the law on these facts. But, what prosecutor will deal with it?

While we can imagine a possibility of criminal prosecution, my guess is that you will have to deal with this on your own. Defamation is hard as is violation of intellectual property. Seek out an attorney for advice. Your issues are not easily resolved and I would bet money the government is not going to make things better.

 

[quincy]

... I accept the code referenced could lead to a conviction based on the OP's facts ...

... I totally agree there can be envisioned a criminal violation of the law on these facts ...

And, because of what I have quoted of your post, what I said earlier can be a second step. A complaint can be filed with the police.

There are several ways a matter such as described can be attacked. A complaint to Facebook and a complaint to the police are the two best steps because they expend little energy and are of little cost and yet they might be effective in getting the objectionable material removed and the problem resolved.

Other steps require greater thought, a personal review by an attorney - and an investment of time and money.