A myriad of internet-related violations of both criminal and civil statutes are not prosecuted because their novelty requires excessive effort by the moving party. When cases of internet bad acts are brought to court, the prosecution tends to be unsuccessful, as evidenced by the cases associated with internet-related obscenity. Despite the intensification of internet criminal and civil statute violations, there has been little innovation with respect to the prosecution of internet bad actors.
Rather than pursuing traditional criminal or civil action, which are based on a specific act, the use of nuisance-law injunctions may be a better alternative in responding to Internet bad acts, because such injunctions are based on generally objectionable behavior. Just as the application of nuisance law helped curb the production and distribution of traditional obscene materials four decades ago, it may be useful for reducing internet bad acts today. Applying nuisance law to internet bad acts also provides the advantage of subjecting third parties, rather than the defendants, to suitable injunctions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
