Need a Bit of Legal Advice

[Guest Linoge]

I know few people here are lawyers, and if I really want this advice, I should go out and find a real lawyer and pay for his - after all, advice is worth what you pay for it. However, before I go down that path, I figured a few people's opinions would not hurt.

I try and keep my online and carbon identities more-or-less separated. From my webpage, you can find my full name in a single click, but it is not too obvious, and I was ok with that in the past - mine is a relatively common name.

I have made a few enemies online, and one particular individual has taken it upon himself to leave comments at my weblog, with a surprising regularity, indicating that he has dug up all manner of information about me - my name, my college, my previous employers, my wife's/parents'/parents'-in-law names. I have had no interaction with this individual for almost two years now - I delete his comments whenever they show up, and do not respond to them (hell, I block the IPs they come from, even) - but he just keeps coming back.

Unfortunately, using my name, and the CA's database, he was able to figure out the town where I live, and my employer (oddly enough, despite having a relatively common name, I am the only person in TN with my name and an HCP).

I believe the individual in question has taken it upon himself to start up a new Blogger webpage documenting all of this information - my full name, my online name, my city of residence, my employer's name, pictures of me he has scrounged from my site, etc. Unfortunately, I say "I believe" because I have no real way of tying the individual in question to this site - he has not claimed it, he has not pointed me to it, and it was sheer accident I stumbled across it... but it fits his MO to a T.

So... thoughts on what I should do? Are restraining orders possible without probable cause? How much do they cost? Would a lawyer be able to dig up who was posting to this site? Would it matter?

Believe me... any advice would be appreciated. If you need clarification, I admit to having written this quickly and while being somewhat distracted, so feel free to ask. I will refrain from pointing at the site in question, for obvious reasons.

[dunndw]

Wonder if you have a case against the CA for aiding and abetting stalking or something like that.

[Rightwinger]

If the person isn't physically in the vicinity it won't be stalking.

Information found on the web would be considered public information unless they hacked a site to get it or someone posted something you can clearly state and provide documentation that it was private when you posted it there or gave it to that second party.

Trolls are a pain but there is not much your going to be able to do about this. The good thing is the shelve life of interest in most web issues is about two days. Look at all the heated debates that have gone on here and are now mostly forgotten.

Anyone remember Jeepmonkey?

[TripleDigitRide]

I'm far from a lawyer, but there are laws against Cyber Stalking and Internet Harassment. This sounds like it could easily fit under at least one of those categories.

I'm not sure the posting of the personal information you've described is technically "against the law", because it seems most of that information would be public record.

As far as the pictures go, unless you've Trademarked or Copywritten those images, there's probably isn't much you can do about that.

Best of luck.

P.S. So, who are you? Don't make me search for it.

[Guest Linoge]

Trolls are a pain but there is not much your going to be able to do about this. The good thing is the shelve life of interest in most web issues is about two days.

Multiply that period by approximately 365 and you will get a loose grasp of how long the individual I believe to be behind this has been harassing me. Trust me, this guy is dedicated.

I was wondering about the public information problem too... Since I am not in a phonebook (thank God for apartments and cell phones), my city of residence was secret, until the efforts of the CA. The consolidation is what worries me, though.

I'm far from a lawyer, but there are laws against Cyber Stalking and Internet Harassment. This sounds like it could easily fit under at least one of those categories.

I guess this is just one of those scenarios where I need to talk to a lawyer... speaking of, does anyone have any good recommendations for ones in the Knoxville region?

As far as the pictures go, unless you've Trademarked or Copywritten those images, there's probably isn't much you can do about that.

I have had good luck with claiming images this individual has posted in the past, but that was a different hosting site, where the 'legal department' was one man, and I had multiple complaints filed over the past two years. Just about got him shut down. Now he has moved to Google, and the legalese surrounding their copyright infringement forms is... daunting.

P.S. So, who are you? Don't make me search for it.

Apparently, I am not that hard to find anywise...

[Guest justme]

personal opinion for what it is worth--sounds like the person you describe is obsessed with you...

are you sure it is a man? Seriously--what makes you think it is a he and not a she? Do you personally know the individual, or is it someone who just started being an online nemesis, but is not someone that you personally know?

best advice is pay $25-$50 and talk to a lawyer and see what your legal options are.

[Louisb]

Do we remember all of the information posted about the editor of the CA right here on this site . . . I smell troll . . . make that TROLL

[TripleDigitRide]

Apparently, I am not that hard to find anywise...

Nope. Thanks to CA and a few other searchable databases, it took just a matter of seconds to find out all kinds of useless information about you.

[Fadex]

I'm not an attorney by far but I it might be worth your time to see what you can dig up on him.

Know thy enemy.

[Guest cjames38464]

Not to criticize you by any stretch, but what, if anything has caused this, also seems as if you’re in hiding from this individual...could be a female also, as justme stated...My philosophy is when all else fails, fight fire with fire!!! Option two... a good old fashion but whoop-N builds character:bat:...That said option two will probably cause you more trouble than it’s worth (legal issues or could be you get-N a whoop-N), but option one is a very viable way of halting the assault on you by this individual…

[Guest JHatmaker]

Trolls are a pain but there is not much your going to be able to do about this. The good thing is the shelve life of interest in most web issues is about two days. Look at all the heated debates that have gone on here and are now mostly forgotten.

Anyone remember Jeepmonkey?

Ahh, Jeepmonkey, his life is so exciting (you know, with all the gun fights he's been in), he hasn't had time to post his responses on here.

I'm not saying I've never made anyone mad at me before, online or not, but this just seems plain scary. For someone to devote that much time and effort to look up information on you and your family, and constantly post messages on your website. Is there any chance you could tell us what happened and how you go to this point? It may help in the advice you get here, letting us know whether or not it's something trivial or more serious (and I'm not insinuating that any of this is trivial, especially when someone is looking up information on my family, etc).

Good luck with everything....keep us posted.

[Guest gunnutt]

well there is always one person to ask a stupid question and this time its me.What does cp stand for,john

[Guest JHatmaker]

well there is always one person to ask a stupid question and this time its me.What does cp stand for,john

Do you mean CP or CA?

CA is the Commerical Appeal; the paper in Memphis that has a database for all the holders of a Tennessee Handgun Permit.

CP could mean Carry Permit.

[Guest Linoge]

Well, the individual in question was just kind enough to leave a comment at my weblog pointing me towards the weblog wherein he is attempting to "out" me, so at least that is cleared up now.

are you sure it is a man? Seriously--what makes you think it is a he and not a she? Do you personally know the individual, or is it someone who just started being an online nemesis, but is not someone that you personally know?

I am sure it is a man, and, in fact, I know his full name, address, phone number, employer, and all the rest of that information myself. I did a little legwork of my own once upon a time (IP addresses help, and when this guy is a jackass everywhere he goes, getting additional assistance is not hard), though we have never physically encountered one another, if that is what you are asking.

Not to criticize you by any stretch, but what, if anything has caused this, also seems as if you’re in hiding from this individual...

To be perfectly honest, I am - I have to maintain a clearance for my job, and things like this could threaten it. The individual in question thrives off attention, and while ignoring him does not appear to be helping, acknowledging and reacting to him is worse.

For someone to devote that much time and effort to look up information on you and your family, and constantly post messages on your website. Is there any chance you could tell us what happened and how you go to this point? It may help in the advice you get here, letting us know whether or not it's something trivial or more serious (and I'm not insinuating that any of this is trivial, especially when someone is looking up information on my family, etc).

The short of it is that he used to troll the gun-rights weblogs I read, and leave all manner of disparaging, insulting, derogatory comments all over the place, and generally spout off hoplophobic talking points at every possible opportunity. A few individuals (myself included) attempted to engage him using rational logic and debate, and he devolved even farther into childish behavior, and started looking up personal information on all of us. Of the four or five of us he has subjected to this, I think this instance concerning me is the farthest it has ever gone, but I could be flattering myself.

And that is honestly that - a debate gone wrong, and hot-tempered words were exchanged. Since then, after I realized how far this individual was digging into people's lives, I have done everything possible to ignore him, and not react to him, since he seems to thrive off the negative attention of people fighting with him.

I honestly do not know why it has gone this far... the individual doing this is in his mid- to late-50s, has once served in the military, and should know better than to do things like this... But, apparently, if you dare to disagree with him, you become a valid target for an intensive invasion of your privacy. Honestly, I would be happy if this all just up and went away, but I guess that is not going to happen.

So, apart from any suggestions for lawyers in the Knoxville region, does anyone have any experience with getting restraining orders? How much they cost, what probable cause you need, etc.?

[Fadex]

I'm not sure a restraining order would solve your problem You would have to prove it was him in front of a judge and I think (again, not an attorney) it is for physical contact like within 300ft...that type of thing.

I have been in a similar situation (sadistic ex GF) she FINALLY gave up and moved on. Never had that type of problem with a guy, I'd hate to say which route I might take...but I could get pretty creative if I had to.

[Guest JHatmaker]

Thanks for sharing Linoge, appreciate filling us in.

I was thinking, a restraining order might be like throwing gasoline into a fire, and cause all kinds of trouble, you know. It might be the straw that broke the camels back and make this guy completely flip his lid. But I know at this point you've got to be absolutely frustrated and ignoring him obviously doesn't help either. Maybe he'll just give up....

[Guest Linoge]

Hm, I am not sure if a restraining order would cause this individual to come unglued or not... I try to spend as little time as possible determining the motivations behind his actions.

At any rate, thanks, all, for your suggestions and advice - the individual in question seems to have made the weblog invitation-only, and I guess that is a solution for the time.

Still, if the situation should call for it, does anyone know of any good lawyers for these kinds of things in the Knoxville region?

[Guest OZZ]

I remember a lawyer on this forum from Memphis. Seems like he is also a moderator. Maybe someone else remembers him. Maybe he could recommend someone in Knoxville area to you.

[Oh Shoot]

Hm, I am not sure if a restraining order would cause this individual to come unglued or not... I try to spend as little time as possible determining the motivations behind his actions.

At any rate, thanks, all, for your suggestions and advice - the individual in question seems to have made the weblog invitation-only, and I guess that is a solution for the time.

Still, if the situation should call for it, does anyone know of any good lawyers for these kinds of things in the Knoxville region?

I personally know one of the best criminal lawyers around, Randy Reagan.

randallreagan.com

However, I myself don't see the value of an order of protection against someone you've never physically met, or who has as I understand not made any physical threat? Or even if a judge would grant one?

But of course, he's the lawyer not moi.

- OS

[Guest Linoge]

Well, see, that is what I do not know... whether restraining orders cover online interaction, what would cover it if they do not, what other alternatives would be, etc. etc. etc.

Thanks for the suggestion of a name, though... Should this problem arise again in the future, I may give him a ring.

[DaveTN]

I’m not a lawyer, but I’ll give my opinion anyway.

Is he in Tennessee? If not, you are out of luck; any orders would need to be issued in the state he is in. With no real threat that won’t happen.

Has he communicated what a “reasonable person” would believe to be a threat that he is capable of or likely to act on?

If this guy is committing a crime (or you think he is); you can have Officers come to your house and talk to you. Use the Police resources before spending money; they are free and deal with this stuff every day. Even if they can’t do anything, they can advise you of options and they will know who the best attorneys are in your area.

Good luck.

[G27]

IANAL, but I doubt there's anything you can do. I was able to find out a ton of stuff using specific searches in just a few minutes - all public information.

Also, FWIW, if this guy is halfway decent, he's reading this (or will be soon). By simply using your username (with a few bits of data) in some simple google searches - I found your presence here as the fourth result in a simple google search. Just an FYI.

You may consider changing your username here...

[DRM]

I just have to wonder - how do you people attract these nutcases? I only ask because I've personally logged in excess of 75,000 posts to various forums in the last 10+ years, doing a fair job of ticking people off across the entire country. However, I have yet to have anyone turn it into the e-stalker direction.

If the info he's posting is public - it's public.

The odd part is the effort you seem to have put into reverse stalking HIM. WHy exactly is that? Methinks you zigged when you should have zagged (i.e. - kept your fingers off the keyboard for that one last comment).

[lowbud]

Unfortunately, using my name, and the CA's database, he was able to figure out the town where I live, and my employer (oddly enough, despite having a relatively common name, I am the only person in TN with my name and an HCP).

Ok.. Either I missed something or am having a total brain fart. What the heck is the CA's database?

[G27]

Ok.. Either I missed something or am having a total brain fart. What the heck is the CA's database?

The commercial appeal has published all THCP permit holder's names on their website.