Ban Poll for garryyjr

[TachyCoventry]

I've actually already pursued legal action against her for several of the other events that she has done. The interesting thing was that because it was online, the courts systems can't do anything (says the lawyer) because I can't prove that it was actually her. This is the same sort of thing that I encountered when I tried to get a restraining order against her. Because she threatened me in text messages, they couldn't do anything because she could claim that she lost her phone and someone else did it.

I really like the idea of contact myspace though, I think that I'm going to do that today and discuss how to get this page completely removed! Thanks for the good advice!

[Alcibiates]

Tachy, my understanding of the system is that your lawyer half lied to you--the court systems can do something, but it's going to run up considerable legal bills to do all the work to prove that it was her. You would have to go through all the hoops of getting a supeana for her phone records, and checking them against normal phone activity during the times of the harassing phone messages, and preparing this for an argument in court, and all the legal hoops her attorney would make you go through, etc. etc. etc.

Same thing for myspace--they should have IP logs of who logged into the accounts, and you could pull this information eventually, but it's quite a lot of work to get all the records made available to you.

If it's worth the considerable amount of legal fees that it would take to get it done, you may want to find another attorney to consult with, but you may want to just contact myspace to get the specific profile taken down.

[TachyCoventry]

you may want to just contact myspace to get the specific profile taken down.

I've actually already taken this advice and contacted myspace, the process was actually relatively easy and hopefully they respond quickly!

I appreciate the advice that everyone has given me on this.

ADDED:

So this was some ironic timing. Last night at the local bar I happened to met the civil courts judge for the City that I'm working in. I asked him about this situation and his response was interesting. Yes, I can technically bring her to court for defamation of character. The issue would be that there needs to be a monetary sum that I can attach and prove I lost because of it. So, the way it sits right now, there was no monetary damage because of what she wrote. Now on the other hand, if I did not get offered a job opportunity because of it I could take her to court for any bonus and annual salary difference that I had lost. He recommended that the easiest thing to do (since it hasn't effected me financially) is to just get the page taken down and not worry about it. He also said that I would have to provide the courts (and through the courts, her) with contact information including address, phone number, place of employment and a couple of other items that I really don't want to do regardless!

[ggiese]

I've actually already pursued legal action against her for several of the other events that she has done. The interesting thing was that because it was online, the courts systems can't do anything (says the lawyer) because I can't prove that it was actually her. This is the same sort of thing that I encountered when I tried to get a restraining order against her. Because she threatened me in text messages, they couldn't do anything because she could claim that she lost her phone and someone else did it.

I really like the idea of contact myspace though, I think that I'm going to do that today and discuss how to get this page completely removed! Thanks for the good advice!

Hard to believe that a lawyer would not understand, but...

It seems to me that one would be able to obtain the access logs from the social website - which would contain (amongst other things) the IP address of the accesses that had been made to the account. That IP address should lead directly to the location the posts were made - which (theoretically) could lead to the person responsible for the posts... Honestly - I believe there's a better than even chance you'd at least be able to create a "more likely than not" argument it was coming from the ex.

Is it easy? Nope. Will it "cost" to get to that level of detail? Yep. But - then - how much is your reputation worth to you?

To earlier points in this thread - if prospective employers are looking at social website postings linked to you for an understanding of who you are and what you're about - I'd say (in my opinion) it would be worthwhile to knock the ex off of her high horse.

Just sayin'