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Cyberbullying & The Law
In our increasingly online world, cyberbullying has become all-too-common: more than 40% of Americans have experienced online harassment and nearly 70% have witnessed it. Those who bully others can be classmates, co-workers, or even complete strangers. Often, these bullies create multiple fictitious accounts to avoid being caught and facing repercussions. The anonymity of the Internet and the slow response by authorities to threats in the online world have harmed millions of Americans. Your attorney through our Legal Protection Subscription Plans can give you expert, detailed advice pertaining to your situation if you ever find yourself or someone you love being cyberbullied. Read on for more information about cyberbullying and what can be done about it.
Cyberbullying can be many things, including:
Publication of personal identifying information (doxxing)
Cyberstalking
Posting falsehoods and rumors
Threats
Publishing personal or intimate photos
Spamming public sites with negative reviews (Yelp, etc)
Impersonating someone
Violating restraining orders or protective orders
Cyberbullying can feel like it will never end and can be extremely cruel, causing severe emotional trauma and even physical harm. All 50 US states have some form of cyberbullying law, but these laws vary significantly from state-to-state. Some states have anonymous reporting systems, education programs for students and school staff, and punishments, including suspensions or expulsions. In some states, cyberbullying can be a misdemeanor that can result in jail term of up to one year. In some states, cyberbullying may be prosecuted as a felony.
Unfortunately, there is no Federal cyberbullying law; however, some Federal statutes regarding discrimination based on nationality, race, gender, color, gender identity, disability, age, religion, and sexual orientation come into play if the harassment is based on any of those traits. Federally funded schools are obligated to investigate and resolve harassment and bullying in these cases.
Some steps you can take if you or someone you know is the victim of cyberbullying:
Review and understand the Terms of Service (TOS) of the platform on which the harassment occurred when bullies violate the rules
Document all threats and harassment with screenshots and print outs for possible use in court
Report the harassment to the platform where the bullying happened to report a violation of their Terms of Service
Report anonymous accounts
Report multiple accounts run by the same person
Block the perpetrator(s)
If you're a parent and the victim is your child, review your child's online communications
Make sure you know all your child's login information where they spend time online
"Follow" your child's social media accounts
Any threat that includes threats to use firearms or explosives should be immediately reported to the FBI
Let your local police know about the situation; if you later become the victim of "swatting" (the harassment of calling police with fake emergency situations such as hostages or home invasions), the police may contact you first before sending out a SWAT team to your home
If the bullying is happening at school, let the school administration know
If you're dealing with online threats and harassment, your attorney through our Legal Protection Plan for Individuals and Families can advise you of your rights in your state, county, city, and school district, and give you advice on the next steps to take. Our network of dedicated, experienced attorneys can provide you with quick answers for bullying and harassment, as well as any other legal issue you may be having, all for one low, monthly fee, starting at just $29.95. Learn more about our Legal Protection Plans or Sign Up Now!
Legal Implications of the Metaverse
The term "metaverse" is suddenly everywhere, but what does it really mean? While tech gurus are calling it the "future of the Internet," in more concrete terms, the metaverse is made up of virtual reality (VR) and augmented reality (AR) technologies, creating worlds where users can work, hang out, go to concerts, play games, engage in ecommerce, and more. People are represented in the metaverse by their avatars, which is a custom picture or animation that represents each person in the virtual world. Some current examples of the metaverse are the holograms in Microsoft Mesh and the upcoming releases of various features of the Facebook (now Meta) metaverse. The metaverse will bring in its own set of unique legal challenges. Read on for a little information on some of them:
Crime In The Metaverse
Creating a virtual world where people can do almost everything they can do in the real world, one element that, without some kind of legal safeguards, could cause problems, is crime, such as scams, cyberbullying, fraud, and more. There is currently no legal framework for this kind of crime.
Security & Privacy
The incoming wave of computer generated content will be massive, and will include such things as avatars, virtual goods, and more new forms of data and user information. Because the concept of the metaverse as a reality in our changing world is so new, there are a lot of unanswered questions surrounding security and consumer privacy when it comes to those troves of data.
Intellectual Property
The metaverse will both create opportunities and cause problems when it comes to the realm of copyrights, patents, trademarks, branding, and other forms of intellectual property. Changes to intellectual property laws will be inevitable as the metaverse grows.
E-Commerce
Online transactions in the metaverse will most likely take place using cryptocurrencies and NFTs (non-fungible tokens), and, right now, a large percentage of the population doesn't really know about or understand either of these concepts. While educating people about how these kinds of currencies work will be a monumental task, there are legal questions that go along with this kind of trading system, such as how laws will differ when purchasing or selling virtual goods. Since virtual real estate is already an NFT, will real estate laws in their present form apply in the metaverse? What about real world trespassing laws if an avatar uses your virtual real estate without permission? Will you be able to mortgage a virtual home? While these issues may make people laugh today, in the very near future - estimates say within the next 5 to 10 years - they may be a very real problem.
Ultimately, the metaverse is too new and too little is known about it to know much about how it will impact everyday people from a legal standpoint, but we do have an opportunity as a society to think about how we want this virtual world to operate in the legal realm. In the end, the most important thing to keep in mind is your rights, as the metaverse will impact everyone's lives in significant ways in the near future. If you have questions about your rights online or in the metaverse, you can speak with your network attorney through our subscription based Legal Protection Plans any time about these questions or any other legal matter, all for one low, monthly fee. Learn more about our plans for Individuals and Families and for Small Businesses today or sign up now!
Small Business Cyber Security Threats: Are You At Risk?
As more of our lives - work, shopping, communication, and more - goes online, society is more and more at risk for hackers, scammers, and other fraudsters to try to access our information. The news nearly every day is riddled with stories of data breaches at companies both large and small; bad actors don't target the largest fish, they target the most vulnerable. Our Small Business Cyber Security Package may be a great, low cost solution to protect you, your business, and your customers from threats online. Learn more about our services and read on to learn about the kinds of threats and what can be done about them.
Malware
The term "malware" comes from the Latin prefix "mal," which means "bad," and a combination of the words "malicious" and "software." The word "malware" has come over the years to refer to a number of different types of fraudulent software, apps, and coding that can infect your computer, phone, network, database, or system. Most malware is introduced to computers by users downloading files or clicking on links in emails or on the Internet, inadvertently or on purpose. A big part of protecting your data is to be aware of what is clicked on or downloaded to your devices, keeping your devices updated, and training everyone who uses them what to look for. Here are a few types of malware:
Spyware
Spyware is a kind of program that is secretly uploaded to your computer while you are doing normal things on the Internet. Spyware can come from poorly vetted ads, misidentified links, and links sent via email that appear to be from someone you know and trust but are not. Spyware collects personal data, keystrokes, browsing history, and more and sends it to someone who collects it and then uses or sells it.
Viruses
Viruses are programs that infect your computer and alter its performance. Viruses can collect data that is saved on or accessed by your device and send it on to a third party.
Adware
This is a type of program that displays advertising, and it often comes packaged along with free software. While not always harmful, adware is generally not created with as much care as other parts of a program and can be susceptible to exploits or leave access points open for hackers.
Ransomware
Perhaps the most dangerous of all the types of malware, ransomware is a very effective tool for hackers because most of our lives are contained on electronic devices with access to the Internet. Ransomware can lock you out of your device, databases, systems, and more, and lock you out of systems you use to run your business. Hackers tend to target vulnerable businesses with ransomware because these businesses cannot afford to be locked out and unable to run their businesses for long. One way to protect your business from ransomware is to have an on-site backup and recovery system in place for your data and systems and to make sure that it is current and up-to-date. Limiting who can install software to machines on your network and making sure that those persons are properly trained is another great step.
Phishing
While most people think that they are too savvy to be taken in by a phishing scheme, it must be said that phishing has become so sophisticated that even experts have been fooled. The prevalence of phishing attempts has grown exponentially in the last few years, and the growing cybersecurity problem presented by phishing in time and money lost is staggering. Phishing starts when an attacker sends some form of communication - texts, an email, or a social media message - that appears as though it comes from someone the recipient trusts. The goal is to get someone to click a link or download software, or to provide logins and passwords via fake pages that look real. Caution is the biggest tool to avoid phishing schemes. If an email, text, or other communication is unprompted, seems dramatic, or seems "off" in some way, you should take the time to find out if the person really did send the link or request.
Third Party Software
It's pretty common these days to outsource some things to third parties, but this type of software can put your business at risk. Unless you have been able to make sure that the software and licensing agreements adequately protect your interests, you may be exposed to vulnerabilities. While how someone else puts their programs together may be out of your control, you should always read the terms and conditions and licensing agreements thoroughly to double check how data breaches are handled, what liability using the software opens you up to, and what kinds of remediation and restoration you’re entitled to in the event of a data breach.
Keeping abreast of changes in the technological landscape can be difficult for small business owners, particularly when you're busy running your business or aren't tech savvy. Our Small Business Cyber Security Protection Plans can help you head off problems before they start, and your membership in our Small Business Legal Subscription Plans can help you through any issues that you may already have. Our network of lawyers can assist you with simple cyber security questions to dealing with a complex cyber attack, and, starting at $49 per month, will pay for itself the first time you use it. Our network of qualified attorneys are available to help you with contracts, documents, debt collection and more for just one, low, monthly fee. Learn more about all the benefits of our Small Business Legal Protection Plans and our Small Business Cyber Security Solutions or sign up now!
Small Businesses and Cyber Security
Hackers and other online criminals target small businesses more often than people think, and the threats are only getting worse. With as many costs as small businesses already have, dealing with a cyber attack shouldn't be one of them. Our Small Business Cyber Security packages are scalable to your needs and provide vulnerability scans, remote technical assistance, an emergency help line, and Cyber Security Protection Plan providing you with up to $100,000 of liability protection for a swift recovery. Learn more about our Small Business Cyber Security Plan, or read on for a few cyber security tips:
Protect Your Business From The Dark Web
As a small business owner, you do everything you can to protect against identity theft, but the Dark Web presents its own unique challenges. The Dark Web is an online market where identity theft professionals buy and sell stolen data. Cyber criminals lurk in online places not indexed by search engines, and these hidden online spaces are the perfect place for criminals to trade in your stolen accounts information, documents, logins and other credentials, and the identities of your staff and customers. New, synthetic identities are created from both real and fictional data, and can also be purchased or sold on the Dark Web. Some criminals even offer customer service, including refunds and credit card support.
While the uses of your information by criminals is essentially unlimited, some of the most common uses are to fraudulently get loans or mortgages, obtaining lines of credit, and stealing tax refunds. A stolen credit card can be used to open several new lines of credit and accounts, including new bank accounts and buying things online.
Using the same usernames and passwords for multiple business services - and, worse, for personal use as well as business use - would allow a hacker or cyber criminal to gain access to many - if not most or all - of your accounts across various service, financial, and business-related logins. If this happens, you may spend months or even years sorting through multiple compromises of your personal and business data and private information.
It's Worse At Tax Time
While cyber security threats are a year 'round concern, it's much worse at tax time, when more specific risks are likely to occur. The IRS reports that, in recent years, there has been an increase of identity theft; in particular, hackers and other online scammers are increasingly attempting to steal W-2 information from small businesses. Generally, the criminals seek out HR and Payroll records, looking for employee data, but any manager or staff member may be targeted. A common tactic involves the criminal sending an email posing as an executive of the company, requesting a list of employees and their W-2s. These emails typically look authentic and come from an email address that will look legitimate at first glance. Taxpayers may also receive emails that appear to come from the IRS but they are actually phishing emails designed to upload harmful software to the user's computer or server. These attempts are also directed at tax professionals and accountants.
It is important to remember that the IRS never emails you, calls you, texts you, or contacts you on social media. The IRS always contacts you by the U.S. Postal Service.
It is in your company's best interests to address your cyber security plan sooner rather than later. Consider purchasing some form of cyber security, such as our Small Business Cyber Security Plan, but also think about these tips:
Install cyber security software on all business computers and mobile devices that connect to your network
Install a remote backup system; if your business becomes the victim of a cyber attack, this remote system will enable you to recover quickly.
Encrypt sensitive data
Train staff who open emails to identify "phishing" emails
Develop a data breach response plan that includes information on how you will notify vendors, customers, staff, and other clients of the breach
Regularly test your security systems and procedures
Enable two-factor authentication wherever possible
Although the media tends to focus on data breaches that happen to large companies and corporations, millions of small businesses experience compromised data, accounts, and networks every year. Small business owners should never assume that their business is too small to be targeted; thieves who steal data and identities target the most vulnerable, not necessarily the biggest fish, so to speak. These increased risks mean that small business owners should take steps to prevent cyber attacks before one happens, costing you time and money. Learn more about our Small Business Cyber Security Plan or Sign Up Now!