Email Slander Advice

[jl88]

What is the name of your state? Massachusetts

A friend and I created a joke email that was sent out to most of the students at our college. The email sender's name was changed to correspond to a person in our class who we wanted to joke with. A gmail account with an obviously fake email account name was used. It did not resemble his name in any way and was a funny email account name.

The email follows:
"
******(specific name)-
Arent you one of the *(on campus living group)*? You are pretty much a wanna be frat that doesnt have the balls to get a house. Why dont you stop complaining about people leaving your s****y floor to join frats and start growing a pair.


******(specific name)-
Saying you are privideged to join *(a certain living group)* is like winning third place in the long jump at the special olympics. You didnt even come in 1st, you are in a joke of an event, and you are still retarded.


Everyone else-
If you are going to respond with an email, please at least make it somewhat witty or interesting. I dont wanna see your stupid transexual youtube videos with you and your boyfriend cicle jerking eachother at the end."

The person who's name appeared as the sender of the joke email is very angry and has threatened legal action towards whoever sent the email. However, he does not know who has sent it and has been trying to figure that out.


He sent an email to the account used to send the messages:

"Due to your actions, I will likely be taking legal action and have *(the university)* subpeona your information from Google (Google already told me that they would release it with a valid subpeona). After that, I will probably either have *(the university)* take legal action or take legal action myself against you for the imposter e-mail to 4000 of my colleagues. I would rather this end amicably and us figure something out on our own. So if you'd like to fess up, I'm all ears. Otherwise, I suppose I'll be seeing you soon in a less friendly setting. "

I find it unlikely that he could get the university to issue a subpeona for something like this and also find it unlikely that Google would release pertinent information (such as IP address, etc) that could be used to trace our identity.

I understand that the email is pretty offensive, but try to understand that it was sent from college students to other college students as a joke. It was part of a long "flame war" where people send offensive, funny, angry or otherwise useless emails around the entire campus. The only student seriously offended was the one who's name was used as the sender of the email. We have looked at some information on libel/slander and it appears to us that he wouldn't have much of a case, even if he was able to get the information from Google. We would appreciate and insight and/or advice. Thanks.

 

[Quaere]

The only student seriously offended was the one who's name was used as the sender of the email. We have looked at some information on libel/slander and it appears to us that he wouldn't have much of a case,

The appropriate tort would be Invasion of Privacy. You have intruded on his “right to be left alone”. Your state will have it’s own laws on this tort but here is a general summary of the common law.
http://www.pbs.org/newshour/extra/teachers/lessonplans/iraq/privacy_handout.pdf

I find it unlikely that he could get the university to issue a subpeona for something like this

The University will not have subpoena power in this case.

and also find it unlikely that Google would release pertinent information (such as IP address, etc) that could be used to trace our identity.

Isn’t your IP info already on the 4,000 emails you sent out? In any case, the plaintiff can subpoena various entities to trace the emails. First he must file suit against John Doe. Then the plaintiff has subpoena power.

We would appreciate and insight and/or advice. Thanks.

Others may advise you differently but I would be moving as quickly as possible to rectify the situation beginning with sending out another email informing everyone that the other guy had nothing to do with the first email. Don’t identify yourself, just make it clear that the other guy had nothing to do with it.

Your victim probably won’t spend the money to file suit, but one never knows.

 

[rmet4nzkx]

http://www.cyberguards.com/CyberStalking.html (Federal)
and
Massachusetts

Chapter 265: Section 43. Stalking; punishment.

1. Whoever
1. willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and
2. makes a threat with the intent to place the person in imminent fear of death or bodily injury,
shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.

 

[Quaere]

I am confused. What does this have to do with stalking?

 

[jl88]

Would the prohibition against third party standing apply in this case with respect to the injured having to file a john doe suit? Does third party standing / standing in general indicate that the university does not have the ability to file suit and the individual in question must take it upon themselves to file suit.

"Prohibition of Third Party Standing: A party may only assert his or her own rights and cannot raise the claims of a third party who is not before the court; exceptions exist where the third party has interchangeable economic interests with the injured party, or a person unprotected by a particular law sues to challenge the oversweeping of the law into the rights of others."

http://en.wikipedia.org/wiki/Standing_(law)

As far as rectifying the situation, the email was sent out a while ago, and he promptly send out an email pointing out that he did not in fact send the email.

The email account was actually an extra one really only used for this email and a few minor other things. The email was crafted and bounced so the headers had no IP addresses that linked to us included.

Thanks for the insight.

 

[Quaere]

You are correct. The University has no standing to bring a complaint on behalf of the victim. Unless the victim is tied to the University in some manner that you have not mentioned.