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  1. #1

    Default Multiple Blog and Profile Impersonations

    My question involves criminal law for the state of: Colorado

    A family member of mine is the victim of being impersonated online by a now known individual who appears to have done so in an attempt to intimidate her as a witness to an alleged crime committed by the individual doing the impersonating.

    Multiple blogs on Blogger. Multiple profiles and accounts on LinkedIn, Facebook and Twitter. Also using the name of my family member's company as the registrant for some of the blogs.

    After a year of very hard work, all but one blog have been managed to get shut down by my family member. Only one blog remains live.

    My question is: "What exactly is criminal law regarding online impersonation in the State of Colorado? We have done all the needed things such as an IC3 complaint as the routing of some of the impersonations crossed interstate lines. We have turned the case to authorities. The problem being encountered is that there is so much extreme content, crossing so many social profiles and it all appears to be new territory for local authorities. No one seems to agree on how to read law.

    There is financial loss, verifiably, to the professional, long standing reputation that shows revenue losses in the hundreds of thousands of dollars. There was also an instance, due to content, where physical danger from someone feeding off the information contacted my family member. This was a very dangerous person with a criminal background and record. At multiple points as the individual doing the impersonating increased their anxiety at being caught, they began posting additional content to blogs. Which, in our view, constitutes stalking.

    When we went for a protection order while investigating, the Judge would not give that because there was no specific language stating the keyboard is the weapon of a stalker.

    Please give us your view of Colorado Law for computer crime and please, if you can, cite specific statutes we could look at ourselves. We are having trouble locating all statutes in various locations.

    Thank you.

  2. #2

    Default Re: Multiple Blog and Profile Impersonations

    Quote Quoting foreveramber
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    My question involves criminal law for the state of: Colorado

    A family member of mine is the victim of being impersonated online by a now known individual who appears to have done so in an attempt to intimidate her as a witness to an alleged crime committed by the individual doing the impersonating.
    If this is in reference to an already existing criminal case, the DA's office needs to be notified immediately. Witness tampering is a serious crime.

    My question is: "What exactly is criminal law regarding online impersonation in the State of Colorado?
    Impersonation, in and of itself isn't necessarily a crime, and I suspect this is where you're running into trouble. Where the elements of various crimes come into play is when the intent is to perpetuate a fraud which either constitutes a crime or gives rise to a cause for action in a civil case for damages, or both. In other words, impersonating someone doesn't become problematic until a fraud is attempted (criminal case) OR until damages have occurred (civil case).

    We have done all the needed things such as an IC3 complaint as the routing of some of the impersonations crossed interstate lines. We have turned the case to authorities.
    This can complicate matters, as there are two jurisdictions involved...the most likely jurisdiction for the investigation and prosecution will be that in which the individual in question lives or from whence the communications originated. Colorado law is very clear that the state considered the crime to have occurred at EITHER the sender's end ORthe receiver's end, but it would be typical for law enforement in the sender's jurisdiction to lead.

    The problem being encountered is that there is so much extreme content, crossing so many social profiles and it all appears to be new territory for local authorities. No one seems to agree on how to read law.
    They'll need to determine WHOSE laws would be applicable first. Then if both sides can approach the issue, they'll have to figure out which agency will be the lead (usually better/easier related to where the suspect is located).

    There is financial loss, verifiably, to the professional, long standing reputation that shows revenue losses in the hundreds of thousands of dollars.
    Then a civil case for damages and court costs can be brought. The victim doesn't need to wait for the conclusion of the criminal case to do this step. A restraining order against the remaining blog owner should also be considered, making sure that a copy of the police report and the posted communications goes to the hearing for the judge to see.

    There was also an instance, due to content, where physical danger from someone feeding off the information contacted my family member. This was a very dangerous person with a criminal background and record.
    That behavior will be on the person who made the contact. Unless you can show that the content was directed to incite such behavior, the individual "feeding off the information" will have to be addressed as an issue of its own. Is there a restraining order against this person now? If not, one can be sought - depending on exactly how the physical danger came into play.



    At multiple points as the individual doing the impersonating increased their anxiety at being caught, they began posting additional content to blogs. Which, in our view, constitutes stalking.
    As opposed to harassment, stalking under Colorado law generally requires that there be some level of credible threat - it's a much harder standard to meet, especially if you're talking about a form where it has ALL been online. Prosecutors realistically aren't able to make the burden of "credible threat" for stalking when the threatener is in another state. Of course there can be a preponderence of actions over time that CAN meet this burden, but prosecution of such cases is rare and generally requires iron clad DIRECT threats before prosecutors bring such charges (because juries typically don't convict without that element being present, and prosecutors don't bring cases they can't win just for the sake of bringing them).

    When we went for a protection order while investigating, the Judge would not give that because there was no specific language stating the keyboard is the weapon of a stalker.
    The wording in Colorad's statutes doesn't lend itself well to stalking charges via computer unless the messages contain some immediate threat; such as sending an instant message that says "I'm on my way to your house to kill you". By their very nature, the non-live content of blog postings, as opposed to "live" messages sending is probably what is hanging up the judge for the restraining order. Colorado law is clear that computers can be instruments for harassment, stalking not so much, and then when, as everything keeps coming back to, there is a credible threat. (see the statute for expansion on credible threat, it's what these types of cases hang on).

    You can find the full language of the statutes by looking under Colorado Revised Statutes, Title 18, Article 9, Paprt 111. Easiest place to find it is:

    http://www.michie.com/colorado/

    Please give us your view of Colorado Law for computer crime and please, if you can, cite specific statutes we could look at ourselves. We are having trouble locating all statutes in various locations.[/QUOTE]

    The interpretation of the law that will matter is the interpretation understood by the DA - that's where any criminal matter will start. Personally, without seeking the actual suspect communications, I suspect that the majority of the issue is going to have to be handled in the civil courts - via a combination of a court orders, and of suing for damages. Based on what you've described, the DA has little to go with as far as bringing a criminal charge. Even IF a criminal charge was possible, a civil case would STILL need to be pursued to recoup any damages to the subject's reputation, business, etc. And in civil court, there is also the possiblity of damages from the blog owner. This should be discussed with a civil attorney asap.

  3. #3

    Default Re: Multiple Blog and Profile Impersonations

    Thank you, very much aardvark.

    Tampering with a witness has been mentioned, but as the case against this individual is still under investigation and there are public monies in a position of trust involved in the person doing the impersonation's case; it is going to be a very long process. In some ways, my family member blew the whistle and at the time did not realize the domino effect their turning over what was happening to them at this person's hands, would have.

    We all feel that civil action so that damages could be recovered (there are means) and protection with restraint, especially something to keep this person from writing more, should be sought. One of the problems with that is our family member has already been through so very much, it is very hard to think about a long litigation in addition to being also a victim of a criminal case. Even if the D.A. cannot find enough to charge on the computer crime, our family member is a victim as well of some of the credit card fraud this person did at their business. The only one who can make the final decision to move civil litigation forward is our family member. How do you push for someone you love to be exposed to more of this kind of sickness that would do such things, is a question we are wrestling with at this time.

    Thank you very much for your help.

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