What constitutes "harassment" on the InterNet?

[Mr Note]

I have witnessed an altercation between two people on a public message board, and perhaps unwisely became involved. The "harasser" lives in Illinois, and the "vicitim" lives on an American military base in Germany. The "harasser" has a history of being openly hostile on various message boards. This is a quote from the objectionable message to the lady in Germany:

" . . . there are some things I think you should consider. I don't know how many people you think would extend friendship to you knowing the things that I do about you, your father and brother (name given) . . . but it's probably not going to be many."

Doesn't the phrase "not going to be" imply that he intends to make this alleged information public? And doesn't it also amount to a threat?

Also: If this person uses whatever computer knowledge he has to locate his "victim's" ISP, home address, phone number, is he violating privacy? Is this considered further harassment?

And another: If this person publicly discloses personal knowledge of his "victim" that he gained from non-public e-mails, is that illegal? I'm thinking of information like full real name, state of residence, home address, phone number, details about family history.

What can be done about such behaviour? Anything?

 

[Q&DLaw]

This is a complex question.

1. The laws of the U.S., the U.S. Military and Germany may apply to the actions of the person you would describe as the harrasser.

2. Libel laws of either or both country may be violated.

3. Privacy laws of either country may be violated. Germany has stricter laws in that regard than the U.S. It is not possible to give you an "off the top of the head" answer because it depends upon exactly what information is disclosed and where it is obtained. Ordinarily anything you disclose in a private e-mail to another "IS NOT IN ANYWAY PROTECTED." Unless, you make a contract with the other party where that party agrees not to disclose, or the material being disclosed is a trade secret protected by law.

4. Any information obtained about you from legal channels, from public sources like a telephone book is not private. It is not illegal to disclose such information.

5. "Threats" are usually not actionable unless the facts add up to a crime in the U.S. or Germany. For example, the crime of extortion, assault (physical harm to the other party) kidnapping or other similar crimes may be actionable under the law. However, the police may not feel the threat is serious enough to warrant their time and attention.

 

[Mr Note]

Follow-Up Question: What is a threat?

This is concerning the same "harasser" -- but in a message posted to me. His last postings to me several months ago were not civil, nor friendly by any stretch of the imagination. So I was quite surprised when he recently posted a message to me on the board saying, "I've been thinking of you lately. You know, I'm coming to [your state of residence] in a couple of weeks." And then he closes the message with a subtle insult.

I do not believe he can find my home address. He's already admitted to trying. I would not welcome a visit by this person, nor would I even want to accidentally bump into him in a public place. He seems mentally unstable to me, and I do not know what he is capable of, other than trying to intimidate strangers on forums, and bragging about how tough he is.

Does his posting to me amount to a threat?

I do intend to take up your advice and approach local police authorities. Thank you.

 

[Mr Note]

Follow-Up to the Follow-Up

Your answer to these last two posts may not be any different than the reply to the first, but I thought I'd ask anyway.

Question: If a person uses their own web-site to create a page that specifically targets another individual (me, for instance), and uses hostile language, is that considered libel?

It's one thing to get into a heated discussion on a message board, and I understand that and can even over-look it. But isn't it quite another to try to actively slander someone? Or commit defamation of character?

Other than being insulting, the hostile language does not harm my business, nor does it prevent others from associating with me. So, I'm not sure there are any real "damages."

Thank you once again for your time.