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Bennet Gerard Kelley
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Bennet Kelley’s Answers

28 total

  • Can a website owner be sued for allowing website users to write negative reviews about previous tenants?

    I'm thinking to start a website that would allow people to post public recommendations/criticism of tenants that they have previously dealt with. Think of it as a review website like yelp except, it would review previous tenants. What if one of...

    Bennet’s Answer

    As everyone noted, the protection of Section 230 of the Communications Decency Act, will insulate you from liability in many cases.

    You can minimize this risk by allowing consumers to post rebuttals or having some other procedure to address potentially BS reviews.

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  • I believe I've been scammed by a small website development company, what are my potential avenues for relief?

    The company delivered a screenshot of a competitor's website with my logo photoshopped over the competitor's homepage as final works completed. I believe this is unusable and unacceptable. When I asked for an explanation and list of objectives c...

    Bennet’s Answer

    • Selected as best answer

    The starting point is whatever agreement you may have signed since that will specify what standards they had to meet (if any) and likely state where you can litigate this matter.

    Otherwise, small claims and/or chargebacks are good options.

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  • Can i file a lawsuit ?

    In a recent online search, i found someone using my real name and a photo of my face posting that i am a boston stripper. I am not a stripper nor was i ever one. I never gave permission to anyone to use my name or image. What can i do? This ad has...

    Bennet’s Answer

    There are a number of issues, some of them highlighted previously, who holds the copyright to the photo (the internet is fairly good at protecting copyrights, not so much people); does MA or any other applicable state have laws regarding e-personation or use of likeness for commercial purposes;; and there may also be claims for defamation. You should consult an attorney to get a better sense of what your options may be in this case.

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  • Do i need to file impersonation charges ?

    I'm very popular on the internet, lots of friends and followers on all my social media networks. there are a lot of people all over the world making fake accounts of me. pretending to be me, some are just using my pictures but using their own nam...

    Bennet’s Answer

    California actually has a law outlawing e-personation where it is done in a credible way. You can pursue this criminally or civilly. Call me if you wish to discuss.

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

    I am a layman with a better than layman understanding of legal issues. I have already interested Senator Ben Cardin of Maryland in a proposal to take the protections we afford teenagers in the area of cyberstalking and coming up with a national se...

    Bennet’s Answer

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

    We should talk.

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  • Looking to hire a lawyer who is an expert in CANSPAM act

    I own a successful internet website. I have other writers who work for me. I am looking to grow the traffic to this website. As a result I am considering hiring an online marketing company. This provider has said that will be mass emailing guest b...

    Bennet’s Answer

    I testified on the California spam law that led to passage of the CAN-SPAM Act and have presented on CAN-SPAM at conferences worldwide. What you describe is a commercial email and would be subject to CAN-SPAM and state spam laws too. Feel free to contact me if you wish to discuss further.

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  • A person is spreading damaging lies about me

    A person I used to be acquainted with is telling everyone that I stole his identity and defrauded him. I've received several anonymous hate mails including one to my work email. Is there anything I can do about this? I understand has very permissi...

    Bennet’s Answer

    We all have free speech, but it is not free of consequences. Speech can be unlawful if it is defamatory or is threatening. You should consult an attorney, especially as to whether the threatening emails warrant contacting law enforcement.

    In the interim, you certainly would want to tell him to cease and desist such behavior or engage a lawyer to do just that.

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

    Background History: Many of you know that sites are popping up like weeds on a daily basis using a technique called “data scrapping” to collect information about you form social networks, even Atty Bar sites, then massaging the data and posting a...

    Bennet’s Answer

    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.

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  • What can be done when someone is threatening to Post nude picture s of 3 people? We are all under 18.

    We sent him nudes this day and now he is threatening to post them because he's mad at us New are all under the age of 18. We're all scared

    Bennet’s Answer

    I would report it to the Internet Crime Complaint Center right away and stress that you are minors. The I3C is run by the FBI who refers matters to proper local or federal law enforcement. Depending on where the person involved is located, this could be either a state or a federal matter.

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