Communications Law Questions & Answers by State

Communications Law Questions & Answers

Q: after divorce can one parent use a child's iPad to access other parents personal info. on personal device

2 Answers | Asked in Criminal Law and Communications Law for Texas on
Answered on Apr 9, 2018
Kiele Linroth Pace's answer
Depending on the specific fact pattern, it might match the offense known as "Breach of Computer Security" as defined by Texas Penal Code 33.02.

Harassment is also a crime, and one of the ways a person can commit Harassment is by repeatedly sending electronic communication that harass, annoy, alarm, abuse, torment, embarrass, or offend the recipient.
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Q: in a divorce can one parent access a child's iPad to retrieve personal info. from other parents device w/o permission

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Answered on Apr 8, 2018
Grant St Julian III's answer
Access to the ipad is not the issue, it's the harassment. The subjects of the harassment shoul contact the police, and you can cooperate in the investigation.
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Q: So my boyfriend got arrested for a firearm with an obliterated serial number and it is a sawed off

1 Answer | Asked in Criminal Law and Communications Law for Louisiana on
Answered on Apr 6, 2018
Ellen Cronin Badeaux's answer
You are looking at perjury and a felony. Don't do it. Boyfriends come and go; felonies do not.
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Q: With regard to Or. Rev. Stat. § 659.805 does this only pertain to previous employees or any applicant?

1 Answer | Asked in Employment Law, Communications Law and Internet Law for Oregon on
Answered on Apr 5, 2018
Mr. Michael O. Stevens' answer
I would say it likely does not apply to your situation.
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Q: How do I fight a fake police report about me? It was for telephone harassment, which did not occur.

2 Answers | Asked in Communications Law for Texas on
Answered on Apr 4, 2018
Grant St Julian III's answer
If the allegations filed against you are not true. retain a local attorney, enter a plea of not guilty to the charges and force the State to prove those allegations beyond a reasonable doubt. You have the right to present whatever evidence you have to a jury, and let them decide who is telling the truth. Good luck.
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Q: Is it unlawful or an invasion of privacy for someone to photograph my home and vehicles without my knowledge/permission?

1 Answer | Asked in Real Estate Law, Communications Law and Criminal Law for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
It depends upon the facts, including whether there were photos of you in a place where you had a reasonable expectation of privacy. Inanimate objects don't have an expectation of privacy, however.

565.252. 1. A person commits the offense of invasion of privacy if he or she knowingly:

(1) Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a...
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Q: I deleted emails when I left my employer. Can they do anything to me or just pull them from the server

1 Answer | Asked in Employment Law and Communications Law for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
It is unclear what you deleted but what you did could potentially be very serious and costly if the employer sues you under the Missouri or federal law for computer tampering. Here's the Missouri statute:

  537.525. Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. — 1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program,...
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Q: Can I do anything legally to a 27 yr old trying to talk to my 18 yr old daughter?

1 Answer | Asked in Family Law, Child Support, Communications Law and Sexual Harassment for Oregon on
Answered on Apr 3, 2018
Joanne Reisman's answer
Well she is legally an adult so you can't control who she talks to directly but if she is living in your house and you are supporting her you can lay down your house rules. However that might mean asking her to move out if she won't comply and I don't think that is the end result you want. Maybe there is some type of intermediate house rules you and she can agree to that will improve the situation but not go to the point where asking her to move out is the only solution.

Maybe a...
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Q: In the state of Georgia, will text messages hold up in court?

3 Answers | Asked in Gov & Administrative Law, Family Law, Child Custody and Communications Law for Georgia on
Answered on Apr 2, 2018
Regina Irene Edwards' answer
Yes, if they are properly introduced.
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Q: Is it legal to put a GPS tracker in your abusive husband's car?

1 Answer | Asked in Divorce and Communications Law for Oregon on
Answered on Mar 31, 2018
Joanne Reisman's answer
If you own the car you can put a tracking device on it. If the car is in your husband's name only then you may have problems. I am not sure what the law is about this but I suspect there is something that prevents you from using electronic devises to spy on people outside your own property lines. But what is really at stake here is whether the evidence would be admissible and if admissible what value would it have in terms of being relevant to your divorce case.

The only issue in...
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Q: Can you tell a true story on a podcast, change names and locations and it be legal? Can a teacher do this?

2 Answers | Asked in Entertainment / Sports, Communications Law and Libel & Slander for Pennsylvania on
Answered on Mar 26, 2018
Peter Munsing's answer
Depends on the circumstances. It is not illegal but it could make it a case for libel.
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Q: My 13 year old daughter is talking to an older man who keeps texting her. What are my legal options to get him to stop?

2 Answers | Asked in Family Law and Communications Law for Ohio on
Answered on Mar 21, 2018
Joseph Jaap's answer
Take away her phone and other internet access devices, or install controls on them. Talk to the local police.
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Q: I’m 16 and want to move to a town an hour away, could I do that without parental consent?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Communications Law for Oklahoma on
Answered on Mar 21, 2018
Pete David Louden's answer
You need permission of your parents or legal guardian.
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Q: What can I do about someone recording me on their smartphone at McDonald's?

2 Answers | Asked in Criminal Law, Car Accidents, Communications Law and Constitutional Law for California on
Answered on Mar 15, 2018
Peter Munsing's answer
Nothing you can do about that. If they post it you can try for a cease and desist. If you have collision on the car, why not run it through that, let the insurance company go after them.
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Q: A moderator team on a discussion forum is harassing me, do I have any legal action available to me?

1 Answer | Asked in Consumer Law, Small Claims, Communications Law and Internet Law for California on
Answered on Mar 15, 2018
William John Light's answer
Unless you are being discriminated against based on your age, race, ethnic origin, nationality, disability, gender, sexual orientation, political affiliation, etc., then there is no legal remedy for people being mean to you. Take your business elsewhere.
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Q: Can I blur out faces of my kids in subpeona?

1 Answer | Asked in Family Law and Communications Law for Virginia on
Answered on Mar 13, 2018
Michael Christopher Miller's answer
You can ask the attorney who issued the subpoena if they will agree to receive photos with the faces blurred.

Or, you can file an objection/seek a protective order to seek guidance from the court.
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Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

1 Answer | Asked in Consumer Law, Copyright, Business Law, Public Benefits and Communications Law for Virginia on
Answered on Mar 12, 2018
Timothy R Johnson's answer
You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.
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Q: There's a guy messaging me saying vulgure things about my fiance ...i asked him to stop and he wouldn't what should I do

1 Answer | Asked in Criminal Law, Communications Law and Sexual Harassment for Wisconsin on
Answered on Mar 10, 2018
Stephen Pleck Johnson's answer
There are many avenues for you to try, most not really requiring a lawyer. You do not want to intensify the situation. You could try getting a harrassment injunction in Wisconsin--see your Clerk of Courts. You could call the police or sheriffs dept. There is a fine for telephone harassment. i don't know about emailing. Better course would be change your phone number or account and of course never answering the comments. I would seek some sort of counselor on the best course for you.
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Q: Freelance client is months behind payments and requiring digital account access prior to paying. What are my rights?

1 Answer | Asked in Contracts, Business Law, Communications Law and Internet Law for Michigan on
Answered on Feb 28, 2018
Carrie A. Ward's answer
Do you have a written contract with the client? If so, you should examine the terms of any default provisions. If you do not have a contract, it is a trickier situation and you probably have the right to terminate the contract without further liability to the client. However, you need to examine state law. If you do not have written contracts with your clients you should consider getting one immediately.
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Q: My kids and I have been recorded in our home with out permission by the neighbor who posted it to public forums along

1 Answer | Asked in Communications Law and Criminal Law for New Hampshire on
Answered on Feb 24, 2018
Joseph Kelly Levasseur's answer
I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the short term, contact your elected representative. The mayor, an alderman or selectmen depending on where you live. They can look into this for you and contact the police department and get them more engegaed. You...
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