You be the judge

I have a VP that is threatening to bring cyber stalking charges against me. See this thread, post #5:

http://www.eccie.net/showthread.php?t=626146

Everything I have posted has been factual information that is (1) Backed up by correspondence from her and (2) I deem worthy of issuing an alert on for the good of our community.

Below is a copy/paste of Texas law defining cyber stalking. I personally feel her threat is without merit but would welcome any comments from other members.


Texas H.B. No. 2003
AN ACT
relating to the creation of the offense of online harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Penal Code, is amended by adding
Section 33.07 to read as follows:
Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an
offense if the person uses the name or persona of another person to
create a web page on or to post one or more messages on a commercial
social networking site :
(1) without obtaining the other person’s consent; and
(2) with the intent to harm, defraud, intimidate, or
threaten any person.
(b) A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar
communication that references a name, domain address, phone number,
or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent;
(2) with the intent to cause a recipient of the
communication to reasonably believe that the other person
authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) is a Class A misdemeanor,
except that the offense is a felony of the third degree if the actor
commits the offense with the intent to solicit a response by
emergency personnel.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that
the actor is any of the following entities or that the actor’s
conduct consisted solely of action taken as an employee of any of
the following entities:
(1) a commercial social networking site ;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47
U.S.C. Section 230;
(4) a telecommunications provider, as defined by
Section 51.002, Utilities Code; or
(5) a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code.
(f) In this section:
(1) ” Commercial social networking site ” means any
business, organization, or other similar entity operating a website
that permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the creation
of web pages or profiles available to the public or to other users.
The term does not include an electronic mail program or a message
board program.
(2) “Identifying information” has the meaning
assigned by Section 32.51.
SECTION 2. This Act takes effect September 1, 2009.
Gianna Bellisa's Avatar
Stalker
Come on guys, take care of ur underlying issues and lets all smile.
Gianna Bellisa's Avatar
tracerxxx's Avatar
How did this get pulled over to the Mississippi board....?? but any way like Mina said let's all smile and pley nice!!! :-)
Nicolet's Avatar
This guy IS a stalker, posting this crap everywhere like its going to help his cause. And as the old saying goes..... DON'T FEED THE TROLLS! GEEZ!
When You Are Ready's Avatar
What happens in Texas needs to stay in Texas. Why is this post in Mississippi?
vicinms's Avatar
Well since this is MS, it doesn't matter what TX law says and I doubt if anyone here cares! However, what is important is what ECCIE considers stalking, which is found in Rule 17 (se below)

#17 - "Cyber Stalking" is a term that refers to the act of following another member around online. This may include persistent PMing of the other party, repeated ISOs about the other party, or excessive bumping of reviews or posting in threads about the other individual, whether it be positive or negative information posted. In any of these cases, whether staff deems that the behavior has crossed the line into cyber-stalking, or the "stalked" party complains to staff about the alleged behavior, staff will take the necessary steps to make it stop.


I don't know either of you so I'm not trying to take a side so in my objective view, I see first see a traveling provider who is visiting MS and posts in our Welcome forum - perfectly normal!

Next we have former client of hers (apparently following her posts), who is posting to warn MS about something which occurred during what sounds like a relationship between you two - classic "he said/she said" stuff which nobody on the outside can tell fact from fiction.

Now I don't know what has been posted in other states forums, but what I see here in MS looks liked it could fall under the ECCIE stalking rule.

...posting in threads about the other individual, whether it be positive or negative information..

I'd say it's best to leave this stuff in the TX forums or better yet off ECCIE!
Nicolet's Avatar
At last! The voice of reason! Thank you Vic!
Buahahahaha jeez, just had a time clicking links from within threads from threads with links..

You're not hurting anyone but yourself Cee spending all your time on here fussing to the people states away who really don't care. These MS boys know well and good how to handle their playmates and won't fall victim to anything underhanded (Not that the lady in question did anything, I dunno, don't care), If they have interest in the lady, they will see her regardless of your rants.

Perhaps you should be spending this time trying to repair the relationship with your SO? Better luck next time chief. Try to enjoy the holidays.