Legal Question in Technology Law in California

impersonating on the internet
A person we know created several email accounts with our full names (FIRST NAME and LAST NAME), impersonating us and sending insulting and obscene emails to all the people we know in common. We are pretty sure we know who this person is. However, all these emails were sent from another country, even though the responsible lives in California. But they sent it from Europe because we were able to track the IP addresses. How can we prosecute? Is impersonating a person on the internet a crime? And, above all, these emails are obscene, to say the least.

Asked on 1/06/08, 2:19 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: impersonating on the internet

In my opinion, the legal outcome of this depends upon the quality of proof you have, or can obtain, as to the identity of the malefactor.

First, I think you should approach this as primarily a civil, rather than a criminal, matter. While some crimes may technically have been committed, there is a higher burden of proof in a criminal case, plus you have to get your local D.A. sufficiently interested in prosecuting the matter. Many have too much workload and too few resources to move on harrassment matters that could be handled as civil cases. I'm not suggesting you should not report this to the police and seek to press charges, but I doubt you'd get far in most California counties.

Instead, see if you can find a lawyer who is willing to take this on as a civil matter and bring suit for harrassment, false impersonation and libel. I'm pretty sure the facts can be interpreted to include libelous statements.

You can probably also show malice and would have a shot at getting an award of punitive damages on top of actual damages. The right kind of lawyer is one with experience in handling torts of defamation and harrassment. Before even launching the suit, be sure you and your lawyer discuss whether your evidence as to whodunit is strong enough so you can survive a suit for malicious prosecution in case your suspicions prove incorrect, or cannot be proven.

Answered on 1/06/08, 2:20 pm

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