A: Spam (unsolicited, typically commercial e-mail) is not illegal, but it is regulated. The federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) regulates commercial e-mail. It prohibits certain deceptive practices and requires that commercial e-mails contain a way to opt out. Some states also have laws on spam.
A: While protective software is a start, it is only a first step. Your children can access computers from locations outside the home, and filtering software is not 100% effective. Speak with your children about the dangers of the Internet and make sure they know what to do in difficult or dangerous situations.
A: No. The law prohibits knowingly sending out a virus. If you did not know that the virus was being sent out, and you had no part in the creation of the virus, you are not criminally liable.
A: No. Such disclaimers may even help to prove that the Web site operator knew his or her conduct was unlawful, thus helping the prosecution to make its case that the infringement was done knowingly.
A: It is unlikely. While there are stories about people being investigated or prosecuted on child pornography charges for taking innocent snapshots of their children, these cases do not result in the conviction of the parents who took the pictures. A picture like this, which does not include "lascivious exhibition of the genitals or pubic area" (sexual conduct according to federal law), does not fall within the federal definition of child pornography.
A: There is no single authority that governs the entire Internet because the Internet's reach extends across the world. US federal and state governments have enacted laws applicable to certain transactions and interactions that take place over the Internet. If something is illegal in the real world, it is likely to be illegal on the Internet.
A: The Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C) have teamed up to create the Internet Crime Complaint Center (IC3). IC3 processes complaints and refers them to the appropriate agencies. You can also contact the FBI directly concerning child pornography or child exploitation; the FBI or US Secret Service concerning financial or banking crimes (such as "4-1-9 scams"); and the FBI, US Secret Service or Federal Trade Commission (FTC) concerning fraud crimes.
A: Probably not. Most of the time, this tactic holds up in court. The outcome of each case, however, depends on its unique circumstances.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Gregg S. Lerman, PA
1806 N. Flamingo Rd., Suite 355
Pembroke Pines, FL 33028