Bennet Gerard Kelley’s Answers

Bennet Gerard Kelley

Santa Monica Internet Lawyer.

Contributor Level 5
  1. Looking for a cyber law lawyer

    Answered over 2 years ago.

    1. Justin C. Lowenthal
    2. Andrew Mark Jaffe
    3. Niria Mildred Arvizu
    4. Bennet Gerard Kelley
    5. Bruce E. Burdick
    5 lawyer answers

    The other answers have covered much of it. As someone who has handled FTC investigations and spoken with them on enforcement priorities, their mantra is that a data breach does not automatically trigger an investigation but that the absence of a breach does not protect you either if you are not providing adequate security for the type of data you are collecting. Note that cyber insurance products are increasingly becoming more affordable, but be wary of the exclusions.

    1 lawyer agreed with this answer

  2. What can be done when a stalker /cyberstalker that was never cherged by prossecution publicise the files on the internet?

    Answered over 2 years ago.

    1. Bennet Gerard Kelley
    2. Keith G Langer
    3. Marc John Randazza
    3 lawyer answers

    It depends on the nature of what is published. If it was subject to any court order or is itself public record information. They have a First Amendment right to publish material, so the analysis really goes to each item published.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What type of lawyer do I need for cyberstalking

    Answered 7 months ago.

    1. Eric Edward Rothstein
    2. Dana Whitney Atchley
    3. Carlos Gonzalez
    4. Bennet Gerard Kelley
    4 lawyer answers

    If you are a victim of cyberstalking you should consult with lawyers in your jurisdiction that handle these type of claims. for example Working to Halt Online Abuse (WHOA) has a list of lawyers who handle these cases: Its important that they be familiar with the civil and criminal penalties available.

    Selected as best answer

  4. Is it legal to create a fake email and Facebook then give your own business good reviews/ratings on social networking sites?

    Answered over 2 years ago.

    1. Peter Joseph Lamont
    2. Landon J Ascheman
    3. Brook D Wood
    4. Bennet Gerard Kelley
    4 lawyer answers

    It violates their terms of service, is considered deceptive advertising by the Federal Trade Commission and could violate your code of ethics if you are a doctor, chiropractor etc. In addition, your competitors could sue you for this practice, so its little gain for high risk.

    2 lawyers agreed with this answer

  5. Releasing someone elses information on the internet.

    Answered over 2 years ago.

    1. David W. Raskin
    2. Steve C Vondran
    3. Nicholas Basil Spirtos
    4. Bennet Gerard Kelley
    4 lawyer answers

    As the others have indicated, you have waded into the area of identity theft and cyber harassment both of which have criminal and civil implications (California also has a law about e-personation that recently went into effect). You should consult counsel for any further information.

  6. How are lawsuits determined if someone posts about a bad experience and the business in question covers its tracks?

    Answered over 2 years ago.

    1. Andrew Daniel Myers
    2. Logan Lambert Quirk
    3. James Lawrence Magazine
    4. Paul J Molinaro
    5. Lisa Jean Borodkin
    6. ···
    6 lawyer answers

    It is hard to cover your tracks in today's cyber world. The real question is, as the other lawyers commented, about how you are harmed and the amount of harm. That will dictate your course of action.

  7. New company to provide online dating profiles. Looking for a lawyer

    Answered over 2 years ago.

    1. James Juo
    2. Steve C Vondran
    3. David Nima Sharifi
    4. Kavon Adli
    5. Ryan Adam Ballard
    6. ···
    7 lawyer answers

    I have worked with dating sites and my concern would be the business fall out if people knew the bios were ghost-written. People draw clues from how people tell things and not just the substance delivered, you are spending money to eliminate clues that might be valuable to your clients.

  8. Is anyone interested in working with me to pass laws against using the Internet to incite hatred?

    Answered 8 months ago.

    1. Jeffrey B Henry
    2. Daniel Mark Levine
    3. Bennet Gerard Kelley
    3 lawyer answers

    I am working on a draft as well. Have you spoken with Danielle Citron at UMD-Baltimore? We should talk.

    1 lawyer agreed with this answer

  9. Does the Communications Decency Act Section 203 apply to "information providers" setup up outside the country for defamation?

    Answered about 1 year ago.

    1. Pamela Koslyn
    2. Maurice N Ross
    3. Daniel Nathan Ballard
    4. Bennet Gerard Kelley
    4 lawyer answers

    Marc has done some good work in this area. The other lawyers are basically right - section 230 applies regardless of the domicile of the website. Even still, the analysis will depend on the specific facts as revenge porn plaintiffs are trying to argue that revenge porn sites are content creators by the way the sites are set up and content solicited and outside the reach of Section 230 immunity.

    1 lawyer agreed with this answer

  10. What can be done about slander on the internet?

    Answered over 2 years ago.

    1. Christian K. Lassen II
    2. Gintare Grigaite
    3. Bennet Gerard Kelley
    3 lawyer answers

    You have to assess this objectively. What is being posted? Is it a statement of fact (even if false) or opinion? If its opinion, there is little you can do. If factual in nature, what are the damages and can you prove them. Then take that number and weight it against the cost of litigating and toll that would have. Finally, talk to reputation management people who might be able to advise you how to bury the negative content with positive content.

    1 lawyer agreed with this answer

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