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Attorney Wayne
Attorney Wayne, Attorney
Category: Legal
Satisfied Customers: 1506
Experience:  Practicing law since 2000.
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There is a man, that says bad things about me and laughs at

Customer Question

There is a man, that says bad things about me and laughs at almost everything I do. My roommate's boyfriend told me that he found me a blog that he mentions my name and he says bad things about me. Could I do something about it? I just felt bad about this today. I wasn't paying much attention to it but I realized that it is affecting my life.

Thanks in advnace...
Submitted: 4 years ago.
Category: Legal
Expert:  Attorney Wayne replied 4 years ago.
It really depends on whether or not what he says is true or false. If its false, its could constitute defamation, and you could sue him for both damage to reputation and emotion suffering.

If its true, it gets more complicated. He would have to reveal private facts that are not available for the general public. So if you did something in a college classroom, and he reported it, it would be in a public-enough place for it to be difficult to sue over. But if he found out things from a hidden camera, or some other intrusive means, from your own private space, then you may have a law suit for invasion of privacy.

Lawyers who handled defamation, often handle invasion of privacy and other similar torts. You may want to consult one.

I wish you all the best as you seek to resolve this matter.

Sincerely,
Attorney Wayne

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Customer: replied 4 years ago.
I suspect he has broken my password XXXXX times but I cannot prove it. How could I prove such a thing? That is an intrusive method. He thus reads my e-mails and the private messages I send to my friends on facebook. We were seeing each other in the past but that was really long ago and I never gave him my passwords. Can I do something about it?
Expert:  Attorney Wayne replied 4 years ago.
Hacking into someone's account without authorization is a federal crime. Here's a link to the law itself:

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001030----000-.html

I would change my passwords, and not share the password XXXXX anyone. Then, if you see anything that could only be gained by hacking in, report it to security at Facebook, or whichever service you use. You can also report it to the FBI, which has a computer fraud division that handles such matters.

I wish you speedy resolution in this matter.

Sincerely,
Attorney Wayne

PS Please click "ACCEPT." Experts only get paid if you click accept. Also, feedback is really helpful and the form is really short. Thanks for completin
g it.
Customer: replied 4 years ago.
One more issue is that we were having online sex before the fights and he said that he let his friends listen to our sex talk because he had taped it. There is a blog where he said that his friends could hear everything we were doing. I had no idea about it. He said he removed the parts where he came but he let my parts. I have saved the file of that online forum. He mentioned my full name there too...
Expert:  Attorney Wayne replied 4 years ago.
That would be a matter of state law. Please let me know in which state you were and he was at the time the recordings were made. Some states require both parties to a conversation to consent to taping. Others do not.

Thanks.
Customer: replied 4 years ago.
I live at the state of Michigan and he lives at the state of New York. He has also shown pictures of my butt to his friends, but I cannot prove it. People that know us both mentioned something but they were not very specific about it and did not say his name.Without my consent of course. He also called me crazy, ugly and stupid and I have proof about those. He wrote it in some online blogs and I have saved them. Regarding the crazy part I had an accident and had to sue the insurance company so I attended a psychiatrist for my traumas and I can verify that I'm not, the beauty is substantial to the eyes of the beholder but I had a proposal from a swedish model agency when I was 15 and regarding the mentality I will be a phd holder from the University of Michigan in December. So he just writes false information about me online. I would not care about it if he didn't mention my full name but he does mention my full name and a person that knows me happened to read one of these blogs so I realized I have to do something about it.

I would like to add that he is a boxer in NY and is kind of dangerous because he is not in full control of his aggression. That is the reason that I did not speak up till now. My mother told me to keep his ego satisfied and let him say whatever he wants so that I'm safe. It's just that I think he has done enough and I decided to face him. I don't really care if he's reading my e-mails and this question right now. I'm not afraid of him and I will fight him.
Expert:  Attorney Wayne replied 4 years ago.
While NY law would allow one party to record, Michigan law appears to make it felony.

See the following 2 laws:
http://www.legislature.mi.gov/%28S%285p44jb45wmurt5zqcy0l0tuf%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-539c
and
http://www.legislature.mi.gov/%28S%28i3cy5w55gsgpza55pi512fbm%29%29/mileg.aspx?page=getobject&objectname=mcl-750-539e

However, there are Michigan court cases in which a judge found felonies only when someone who was not part of the conversation taped it. The Michigan Supreme court will have to settle the argument -- but has not yet. Nonetheless, the law is on the books, and when you engage your own lawyer, it could be something he or she might look at.

Sincerely,
Attorney Wayne

PS Please click "ACCEPT." Experts only get paid if you click accept. Also, feedback is really helpful and the form is really short. Thanks for completin
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Customer: replied 4 years ago.
I just received a message that is asking me to accept your answer. I very much appreciate all the information you gave me but I would also like to know more legal information regarding the abuse and defamation that I mention in my last answer. Calling me in public crazy, stupid and ugly is psychological abuse and there must exist a law for those cases too. I have saved all the online info that I could find with him calling me the above mentioned names. One more issue is that apart from him being jailed and paying 2000$ do I get something for all the things I suffered? I just want to know these things and I will accept your answer. Thank you so much in advance.
Expert:  Attorney Wayne replied 4 years ago.
Unfortunately, mere words, unless a threat or blackmail, etc is not illegal in the US. The First Amendment protects free speech.

But because the First Amendment protects truth more than falsehood, anything false he says to others can be rectified with a civil lawsuit (separate from any criminal acts that might have occurred for hacking into your accounts etc). Lawsuits are separate from crimes.

There is no set amount you will receive if you win a defamation case for lies spread about you. There are a number of factors involved, including your actual losses (for instance if someone's lies cost you a job or a business deal, then the value of the lost opportunity could be one factor). There can also be damages for emotional pain and suffering, as well as for expenses related to the above (e.g. psychotherapy bills).

So if you decide to proceed, you will need two separate cases:

one, which you bring to the police or FBI for the criminal matters (which a prosecutor determines if the case will go to court)

and the other, one you bring as a civil lawsuit for defamation and, if applicable, invasion of privacy.

Of you could approach one and not the other -- you need do both. But only the civil lawsuit can lead to any personal recompense of note.

I wish you all the best as you seek to resolve this matter.

S
incerely,
Attorney Wayne

PS Please click "ACCEPT." Experts only get paid if you click accept. Also, feedback is really helpful and the form is really short. Thanks for completin
g it.


Edited by Attorney Wayne on 6/2/2010 at 4:33 PM EST
Attorney Wayne, Attorney
Category: Legal
Satisfied Customers: 1506
Experience: Practicing law since 2000.
Attorney Wayne and 14 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so much for all your answers. I really appreciate them. I will proceed with both cases as you suggest. I will accept your answer now. Thank you so much again...
Expert:  Attorney Wayne replied 4 years ago.
And thank you!


S
incerely,
Attorney Wayne

PS Please click "ACCEPT." Experts only get paid if you click accept. Also, feedback is really helpful and the form is really short. Thanks for completin
g it.

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Attorney Wayne
Attorney Wayne
Attorney-at-Law
509 Satisfied Customers
Practicing law since 2000.