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Possible tort claims against cyber harassment

Note 1: Criminal prosecutions (using anti-hacking or denial-of-service approaches, for example) can also be undertaken against cyber harassment.

Note 2: These are general definitions only - please see each state's precise definition and necessary elements.


1. Defamation: An intentional and false communication by the defendant, either written (libel) or spoken (slander) that harms a person's reputation, or which tends to bring the person into disrepute.


2. Intentional Infliction of Emotional Distress (IIED): Extreme and outrageous conduct by the defendant, committed intentionally or recklessly, that causes severe emotional distress in the target.


3. Public Disclosure of Private Facts: The publication by defendant of a private fact of another, that is offensive to a reasonable person and is not a legitimate matter of public concern.


4. Intrusion upon Seclusion: The intentional intrusion, either physically or otherwise, by the defendant, upon the solitude or seclusion of another or his private affairs or concerns, where the intrusion would be highly offensive to a reasonable person.

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