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Texas Internet Law Questions & Answers
1 Answer | Asked in Libel & Slander and Internet Law for Texas on
Q: How do I go about filing a cyber libel lawsuit?
John Michael Frick
John Michael Frick
answered on Sep 8, 2023

A successful libel lawsuit requires the services of an experienced litigation attorney, a solid damage expert, and possible a market surveying company. Specific notices must be sent under the Defamation Act and the content of the defamatory publication must be carefully analyzed to avoid the... View More

1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... View More

James L. Arrasmith
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answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
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1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: There is a crazy ex stalking my family, making threats etc. can they mess with my husband about a warrant if I file p.r?

Today my husband almost got hit at work, along with an employee and customer. The crazy ex texts both of us saying he won’t miss again. I really need to know as soon as possible. So I can make this all go away. Theirs is so much more to this story and frankly I’m tired of having to even watch... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Saying he won't miss again under the facts presented sounds to me like it violates the criminal statute against making "terroristic threats." In this context, "terroristic" is not limited to a political terrorist like on the news. It is a criminal offense defined as... View More

2 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas on
Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... View More

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It...
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2 Answers | Asked in Criminal Law and Internet Law for Texas on
Q: What can I do to protect myself from the person who sexually abused me when I was a child?

When I was a 8 I put my older cousin away for molesting me. He's gotten a phone in jail from someone. My aunt and uncle told me he was getting out soon and I knew for a fact they would allow him in the house. His sister/my other cousin, was on the phone with him when I walked in the room and... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2022

You should call or visit your local District Attorney's office. If he was in jail for abusing you, he is likely under court order now not to contact you. If not, the DA should request a protective Order from the court. If the DA will not help you, call my office, and I can help you get such an... View More

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1 Answer | Asked in Criminal Law, Internet Law and White Collar Crime for Texas on
Q: What happens if I received money from a stranger by accident through Zelle and Spent it

The owner reached out to me threatening to report me to law enforcement .Minneapolis

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

If you accidentally received money from a stranger through Zelle, all you need to do is promptly send the money back to its rightful owner and you should not have any legal issues. You will only face legal problems if you don't send it back now that you it wasn't intended for you.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

1 Answer | Asked in Criminal Law, Internet Law and Small Claims for Texas on
Q: I sent someone money on a cash app for an rv they had for sale but now I can't get a hold of her

And there's no buyer's protection on this app that I sent the money through

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 18, 2022

You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.

2 Answers | Asked in Criminal Law, Internet Law and Libel & Slander for Texas on
Q: Can I be charged with defamation of character or harassment in this situation?

I got into a social media dispute with an old friends mother. We had a few pretty mild words in Facebook comments and then I blocked her. She then proceeded to text me racial slurs on Snapchat through her daughters Snapchat. I screenshot those texts and later posted them on several social media... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 5, 2022

Truth is a defense. She could hire a lawyer and sue you. You could win if you can prove everything said was true

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1 Answer | Asked in Identity Theft, Internet Law and Intellectual Property for Texas on
Q: A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media. I’m married?

A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media to say that I’m dating her while this is a lie. In the photo I’m kissing my ex girlfriend but only my face can be seen while my ex girlfriend face is hidden. She only uses that photo. I’m... View More

Randy Sorrels
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Randy Sorrels
answered on Jun 5, 2021

If she has put you in a false light by using this photo, then you may have a claim against her. You should first ask her to remove the photo immediately (in writing) though as an alternative to filing a lawsuit.

1 Answer | Asked in Criminal Law, Domestic Violence and Internet Law for Texas on
Q: Our business received a threat posted online from a customer. Is a restraining order, or other legal action, advisable?

Without getting into specifics, a customer posted the following comment as feedback to a purchase he made from our business, "U BE THE 1ST GUY I SHOOT". There were also emails sent with profanity, as well as a comment posted on our Facebook page. The customer is located in a different... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 26, 2021

A restraining order is issued in the context of a CIVIL case but it expires when the case ends. That said, sending a death threat and multiple harassing electronic messages can be the basis for a criminal Stalking case... and the victim of a Stalking can apply for a Protective Order... and that is... View More

1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: Is it against the law to hack into someone's snapchat account & save their nudes?

After this person hacked the account & saved the nudes they could, they texted the account owner off a fake number holding the account ransom because they wanted the code to the "My eyes only" folder. They said they'd only give the account back if they got the code to the rest of... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 16, 2020

Yes, very illegal. The offense of Breach of Computer Security (33.02) by accessing the account without the consent of the owner. The level of this offense depends on the amount of monetary damage caused or threatened.

The offense of Electronic Access Interference (33.022) was committed if...
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1 Answer | Asked in Immigration Law, Tax Law, International Law and Internet Law for Texas on
Q: Hey plzz reply ASAP dear...I too live in the US...so can you get paid from youtube even after having F1 visa?

So if I upload a video from US but link it with my homecountry bank...which means I can't get the money in USA but only get money in my home country bank account..is that legal and fine? And what if I know someone who is working in USA and invested and have E2 visa(not green card), can I... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 6, 2020

No! You are living and working in the U. S. in violation of your F-1 student status. There can be remedies to this mistake, but you need an appointment with a competent and experienced immigration attorney, who can take the time to provide legal advice.

The above is general information,...
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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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1 Answer | Asked in Internet Law and Family Law for Texas on
Q: Fam member with no relationship w/us refuses to take down pics of our child on social media stating they have rights

Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... View More

Rick  Davis
Rick Davis
answered on Jun 28, 2020

If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... View More

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero
answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... View More

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... View More

Tania Maria Williams
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answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Texas on
Q: A friend (16) living in Texas sexts with a 60 y/o. What legal consequences could she face?

My friend is 16. She sexts with a 60 year old man. I’m trying to propose reasons why she should stop. She lives in Texas. What legal consequences could she face?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 8, 2020

In the context of criminal law, the 60-year-old is the one who should be most concerned about potential liability in this situation.

1 Answer | Asked in Internet Law, Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: Is it legal to post on social media for someone to cause bodily harm to another person?

" Do the world a favor and die already..." Your mother is a drunk whore"..... " Pull their nails out, I'll pay good money...." Use for shark bait, then post a casket with the caption- "Coming Soon" constant degradation, and then I'm just going to say... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 23, 2020

You should probably block and "unfriend" any person who posts that type of garbage. Depending on the exact details, it could be nothing or It could be the misdemeanor crime of Harassment if it happens once or it could be the felony crime of Stalking if it happens on multiple occasions.... View More

1 Answer | Asked in Contracts and Internet Law for Texas on
Q: Is there a grace period during which you can cancel an online "membership" (Six Flaggs)? I purchased without understand

I bought multiple duplicate memberships for which they charged my card 200 dollars. They also want to keep chARGING me for 12 months. I realized the mistake within 24hrs and contacted them in person and online to try and straighten it out. But they insist I owe them 1800.00 to cancel, even... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2019

Contract grace periods are governed by regional conditions, so a Texas attorney can best advise you. But your question remains open for two weeks. Unfortunately, outside of such limited exceptions, the general rule is that a contract becomes enforceable at time of formation. In light of your... View More

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