While I am not a lawyer and others have said this before, notably Rob Carolina in his talk “The Cyberspace Frontier has Closed“, I thought it worth reviewing some recent developments that demonstrate the fact that the Internet is not lawless and behaviour online may well result in liabilities “in the real world”.

There still seems to be this perception that laws don’t apply to online activity. Take Joanne Fraill, the juror who was jailed for eight months for contempt of court by contacting one of the defendants in the trial she was on. She had received clear guidance from the Judge on the case, as had all of the other jurors, not to research the case online and definitely not to contact anyone related to the trial. I had exactly the same advice when I was a juror at the Old Bailey a couple of years ago.

And, yet, she still did it, no doubt believing that:

  1. It wasn’t so bad, and;
  2. She wouldn’t get caught anyway.

She was wrong. The trial collapsed.

This sort of thinking is rife online, which is exacerbated by the fact that any search will bring back results that confirm every point of view on every subject, thus not really being much help.

Other areas on the Internet that people should consider in terms of consequences, include:

  • Copyright infringements
  • Data protection issues
  • Harassment
  • Money laundering
  • Tax evasion
  • Libel

Some of these apply to corporate organisations in a different way to individuals. For example, a data protection breach has the potential to seriously damage an organisations reputation. Libel may get you a hefty fine.

Just because people have a romantic notion of the Internet where normal laws don’t apply, doesn’t make it reality.

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