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Florida Internet Law Questions & Answers
1 Answer | Asked in Criminal Law and Internet Law for Florida on
Q: I do independent journalism as a hobby and now being accused of trying to undermine someone's lawsuit.

I sent an email to do a story for an anonymous person who is suing to have documents released in vero beach, Florida. After about 2 emails, they accused me of trying to undermine their case and have forwarded the emails to their lawyer. Then they said they contacted the authorities and sent my... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I highly suggest you schedule a consult with an attorney. Bring to the consult all of the evidence to help them understand your case with specific details.

1 Answer | Asked in Constitutional Law and Internet Law for Florida on
Q: Can I get into legal trouble for using a picture of my ex and I as a blog header?

Hey! So June of 2018 I posted a blog post about an old relationship I had. As the cover photo I used a picture of my ex and I (prom). I never used his name or etc. I recently was contacted by his wife freaking out about the picture that’s been up for over a year now. Can i legally get in trouble... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

There is always risk and the devil is in the details. However, there are a couple of issues to consider:

1. Who took the picture? That is the copyright owner. Your use may depend on having the right to use the picture for this purpose. You would likely argue that the photo is subject to...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Internet Law for Florida on
Q: Looking for an attorney to counter-litigate 8:17-cv-1522-T-33MAP Middle District of Florida

Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).

Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

If you retained a competent lawyer to defend you in the federal district court over two years ago I am surprised they did not file a counterclaim way back when you answered the complaint--because the plaintiff company might have seen the wisdom of paying your fees when they wanted to settle. In any... Read more »

1 Answer | Asked in Business Law and Internet Law for Florida on
Q: Selling t shirts on social media to raise awareness and cite facts written by government and cdc

I’m starting a social media account to raise awareness on Camp Lejeune toxic water. There’s a lot of government websites,like va.gov and the cdc that contain useful information I want to talk about and give links for. I also plan to sell T-shirt’s to raise profit for awareness but I don’t... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

So glad to hear someone like you say "I'm worried about any legal trouble this could cause." Read on:

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail...
Read more »

2 Answers | Asked in Business Law and Internet Law for Florida on
Q: I earned up to $1000 on an online survey site, but they banned me because my siblings had same home address.

I earned up to $1000* on an online survey site over a period of several months, but they banned me because my siblings had same home address which triggered them to ban my account it violated their terms of service. Can I sue them for the money owed? This doesn't seem legal that companies can ban... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the $400 filing fee and then pay another hundred bucks or so for service of process. Finally, if a court... Read more »

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1 Answer | Asked in Internet Law for Florida on
Q: How can I stop my neighbors from illegally using my wifi network?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 9, 2018

Password-protect it.

1 Answer | Asked in Internet Law and Real Estate Law for Florida on
Q: Is it illegal to go live online for a meeting open to the public in my community?

I live in An HOA Community and our board is run by residents that also reside here. They collect our fees and manage our money. Recently the community has become concerned with a lot of decisions made by the board and they have a record of saying one thing and doing another and not being... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 17, 2018

The answer to your final question is yes, the Florida Statutes permit tape recording and video recording of all HOA member meetings and board meetings. If you cannot find that yourself in the on-line statutes, I suggest you consult an attorney to find it for you. If the HOA directors still won't... Read more »

1 Answer | Asked in Internet Law for Florida on
Q: Does my employer have the right to look at my personal gmail account?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 22, 2018

If you have set your work computer (which belongs, presumably, to your employer) to be able to access your email without the need for inputting a password, yes: you have given the employer implicit permission.

1 Answer | Asked in Personal Injury, Civil Rights, Internet Law and Sexual Harassment for Florida on
Q: Practice area question:

If you have person A who video taped person B

through an area where the curtain did not close properly and person B

was not aware of the exposure. Person A video tapes person B without

knowledge or consent as person B was in his/her alone engaged in a

private,... Read more »

Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

This is a crime and you should report it to the police. Florida is a two person consent state, it is a felony for someone to record another without their consent. Further, yes, this is an invasion of privacy as it was an electronic intrusion into a person's private quarters and possibly a public... Read more »

1 Answer | Asked in Civil Rights and Internet Law for Florida on
Q: I am wondering is it legal to limit speech on a website forum if the speech is not an acceptable forum topic?

For example if a person has an alternate explanation for a current popularly accepted scientific theory. Is it legal to ban people from talking about alternate theories or ideas?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2018

Your free-speech rights do not prohibit the owner of the website from limiting what you say on that forum. If you want to express something the web-site owner doesn't want, you can find another web-site.

Or to put it in terms that the founders would understand, if you want to publish your...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Internet Law for Florida on
Q: Can a government agency subject to Sunshine Laws in Florida delete a Facebook post?

A local government agency deleted something they posted on their Facebook page (that was related to the agency) because of a lot of criticism they were receiving. Is this deleting a public record?

Andy Wayne Williamson
Andy Wayne Williamson answered on Dec 1, 2017

I see that you have not received an answer to your question. I am not sure if I know the exact answer, but my educated guess is yes, they can take down the post from a social media site. Was or is it a violation of the Sunshine law, I have no idea.

Good luck,

1 Answer | Asked in Business Law and Internet Law for Florida on
Q: What, if any, Florida statutes cover fraudulent clicks on a cost-per-click advertisement?

Take the Google Adwords platform, for example. If I were running an ad where I am charged based on the number of clicks my ad receives, and a competitor was deliberately clicking my ads for the purpose of costing me money & exhausting my daily budget, is it illegal or just immoral for my... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 26, 2017

Sorry, no way to say for sure. I do not see it as a legal issue for Google. ie: if you run an add and agree to pay by the number of clicks you get on the add, then google has not control of who clicks or how many times. On the other hand this person, who you believe is, clicking the add... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for Florida on
Q: If I test my app on a company phone, does the company have a claim to the IP?

If I used my own personal computer to write the code for an app, but tested the app on a company phone, do they have any claim to it? Wouldn't that be the same as downloading an app from the app store in terms of not having a claim to IP?

Ayesha Chidolue
Ayesha Chidolue answered on Oct 23, 2017

The answer will largely depend on if you built the app for your company or while working for your company for their benefit and also what if any, your employment agreement or handbook states about Intellectual Property while working for the company. I suggest you contact an attorney so your... Read more »

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Florida on
Q: Is it legal to sell Michael Jackson tshirt, muhamad Ali tshirt, frida kahlo tshirt online, can I get in trouble for that

I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 13, 2017

Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.

You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Florida on
Q: Can a famous artist post your fan art after cropping out your logo and not giving you credit?

I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 25, 2017

It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... Read more »

1 Answer | Asked in Business Formation, Business Law, Internet Law and Libel & Slander for Florida on
Q: Is it legal for a person to take your bio information from an official website and use it on their own website?

The official website is with a nonprofit organization and I allowed them to put my bio and link my blog page with their membership list. Could a person from the organization use the same information on their website without my permission?

Andy Wayne Williamson
Andy Wayne Williamson answered on Sep 13, 2017

Really not enough facts to say for sure. If you allowed someone to post your bio you gave permission for the same and placed the same in public information.

I suggest that you speak with a business law attorney in your area or start by asking the person to remove your bio information from...
Read more »

1 Answer | Asked in Civil Rights and Internet Law for Florida on
Q: Can Facebook allow racism from one side on their platform?

Is it legal for Facebook to discriminate against white people? I have several screenshots of times when I have reported blatantly racist posts that endorse things such as black supremacy, calling white people stereotypes and derogatory terms, etc. and Facebook replies saying it doesn't violate... Read more »

William Head
William Head answered on Aug 16, 2017

Yes. No federal law controls this aspect of an Internet business.

1 Answer | Asked in Business Law, Internet Law, Consumer Law and Criminal Law for Florida on
Q: As an 18 year old Florida resident, would I be allowed to purchase alcohol online from a Puerto Rican based source?

The drinking age in PR is 18, and since it is part of the US there is no customs or declarations to go through aside from agricultural ones.

William Head
William Head answered on Aug 12, 2017

The concept of illegality of POSSESSION of alcohol has escaped you. If you go to PR to possess and drink it, you are fine. In FL, it is illegal for you to possess it, in your hands or in your body.

1 Answer | Asked in Business Law, Employment Discrimination, Employment Law and Internet Law for Florida on
Q: Can we go to social media about previous employers conduct in terminating our contract? Large car rental agency.

They terminated us without warning. 4 years of meeting sales and no write ups and then, bam. So I'm aware that legally I can't do anything. We can be terminated for any reason. But I'd like to bring a little truth out via Youtube and Facebook regarding their actions and conduct in the termination... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jun 15, 2017

I will simply answer that you do so at your own risks. Telling the truth is a defense to libel and slander, but if you go to far in your comments you may trigger a response by your ex-employer. You might want to actually consult with an employment lawyer as to the comments you desire to post on... Read more »

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