According to Wikipedia:
"Extortion, outwresting, or exaction is a criminal offense, which occurs when a person either unlawfully obtains money, property or services from a person, entity, or institution through coercion or intimidation or threatens a person, entity, or institution with physical or reputational harm unless he is paid money or property. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force,[1] additionally, exact in its formal definition means the infliction of something such as pain and suffering or to make somebody endure something unpleasant.[2]"
Fact pattern: Engage someone personally on the Internet. Blog about them to the point of damaging their reputation and business, and have that blog linked by several other sites at the same time. Then demand from the target of your blogging something of value in order for you to stop the blogging and take down the offensive material you posted in the first place. Sound familiar? Sound like coercion?
Discussion: At what point does the insanity stop? At what point do those people controlling their blogs begin to use a filter and stop acting on bitterness and rage. This is a completely unproductive pursuit, by people who apparently believe that free speech includes the right to scream "fire" in a crowded movie theatre. While God may have given man free will, he also gave man a conscience to be able to measure his actions appropriately.
Other concepts that should be looked at: Prima facie tort; intentional infliction of emotional distress; negligent infliction of emotional distress; defamation per se (4 categories where defamation is presumed to have damages); and common decency.
Have an Internet nightmare to share? Please provide it to the site, and we can blog about it. I won't accept anonymous comments, but I can post them without identification if you wish.
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1 comment:
Amazing stories in Middleborough. Consider the following post with my bracketed comments to it:
Dear _____:
Surely, you can understand my concern when I realized that by my posting YOUR words on MY blog, was affecting the business of others because you have used a term that is widely used. Since you use the name ____ as your screen name when you have posted on blogs, there was no way to know that others used the same name. [APPARENTLY, THIS BLOGGER DIDN'T DO ITS HOMEWORK. IMAGINE THAT?]
As a reasonable person, I would be more than amenable to removing the posts that currently exist on my blog that represent YOUR WORDS AND YOUR POSTS to prevent further damage to others. And I will remove the links of those posts ONLY. In return, you will:
1. Restore the front page of Middleboro Casino to a business advertisement promoting your services and testimonials.[WHAT HAS HAPPENED TO FREE SPEECH ON THE INTERNET? THIS BLOGGER MUST BE A REPUBLICAN.]
2. You will maintain your forum as a private discussion site that is not publicly displayed and does not allow ANY under 18 years of age to post.3. [I UNDERSTAND THE AGE LIMIT, BUT THE CENSORSHIP?]
3. Relinquish control of http://www.marytufts.com/ [WHERE DID THIS COME FROM, AND HOW IS THAT RELATED TO ANYTHING OTHER THAN TO GIVE SOMEONE ELSE A FREE VALUE]
4. You will cease attacking others with vicious and untrue comments. [THAT IS THE POT CALLING THE KETTLE BLACK]
5. You will post an acknowledgement on this blog agreeing to those things and on the front page of your forum.
Consequences if you fail to abide by your agreement[THAT IS THE AGREEMENT TO FOREGO THE RIGHT OF FREE SPEECH]:
1. Your appearance before the BIA will be publicly posted. Isn't that the one in which you called CFO racists and terrorists?[AS COMPARED TO THE ATTACKS ON CASINO SUPPORTERS' BUSINESSES, FAMILY MEMBERS, CHILDREN, AND CLAIMS THAT THEY ARE ON THE TAKE OR GUILTY OF OTHER ILLEGAL ACTIVITIES--NICE RATIONALIZATION. WHAT IS THIS, A KINDERGARTEN PLAYGROUND]
2. ALL posts and comments and links that have been removedwill be restored.[SO IN ORDER TO GET PAEACE, THE BLOGGER SAYS I KNOW THAT I AM DOING YOU DAMAGE, AND IF YOU DON'T BOW DOWN TO MY DEMANDS I WILL WILFULLY CONTINUE TO DAMAGE YOU. THAT'S NOT VERY NICE]
3. I will post on my blog ALL of the untrue and inflammatory comments you have made in the last several months and link to ALL of the samelinks that currently exist. [WHICH IS THE PROBLEM, THE UNTRUE STATEMENTS OR THE INFLAMMATORY ONES. AS TO THE UNTRUE ONES, CAN'T THEY JUST BE CORRECTED? AS TO THE INFLAMMATORY ONES, WHAT'S THE PROBLEM, THIS IS THE INTERNET, AND THE BLOGGER HAS MADE HER OWN COMMENTS ABOUT PEOPLE'S HAIR, HANDS UNDER THE TABLE, AND CERTAIN OTHERS THAT ARE NOT GOOD FAMILY TELEVISION. SAUCE FOR THE GOOSE]
4. Action will be taken under MGL Chapter 265: Section 43.[READ THE STATUTE MORE CAREFULLY, IT MAY ACTUALLY APPLY TO THE "PEACEMAKER"]
I look forward to an amicable resolution and to your acknowledgementin the comments to this blog entry.[SURE YOU DO--AND WE SHOULD START A UNITY PARTY ALSO. THERE IS CLEARLY NO PEACE WITH THIS PERSON. BITTERNESS IS AN OBSEESSION AND WILL JUST GET REDIRECTED AT ANOTHER TARGET.]
Grow up people!
Burton Mills
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