Handling Cases without Actionable Legal Claims and FHA Violations
Cases without Actionable Legal Claims
In cases with no actionable legal claim, adequate evidence might be lacking to prosecute a guilty party (Goodison, 2016). Digital evidence requires more analysis and expertise. For example, in the case of Casey Antony, a murder suspect in 2011, she was acquitted due to insufficient digital evidence (Goodison, 2016). Antony was accused of first-degree murder of her daughter based on the allegations that she had googled a chemical used for homicide about the time her daughter was murdered. However, the prosecuting team could not prove that Antony was the only person who had used her computer at that time and whether she used the specified browser. Antony’s computer had more than one web browser.
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Similarly, in the Immunomedics negative buzz case, digital evidence would be insufficient to prosecute the perpetrator. This is because the perpetrator used a pseudonym, and it would not be easy to prove that the client assigned an IP by the ISP is the same person who accessed the IP through a pseudo account. Based on the case of Casey Antony, the courts should only allow the filing of cases that have achieved the required level of actionable legal claims (Goodison, 2016). Cases that do not meet this level should be dismissed to avoid wasting time on cases with inadequate evidence. Digital evidence requires that a perpetrator is traceable without a doubt.
Craigslist FHA Violations
The FHA of 1968 prohibits discrimination based on race and financial status (Wholey, 2010). Therefore, Craigslist would be liable for FHA violations because the advertisement on its website contains discriminatory remarks on race. In addition, it would be appropriate to enforce the liability. However, the CDA Act of 1996 would protect Craigslist against liability for FHA violations (Wholey, 2010). This is because the CDA Act states that a service provider should not be prosecuted because of the remarks of a platform user. If Craigslist is accused of FHA violations, it would argue that it provides website services, but a different party makes the postings for advertisements. Such a case would then be dismissed under the CDA Act. Therefore, there would be no need to file a case on FHA violations in court against Craigslist.
References
Goodison, S. E., Davis, R. C., & Jackson, B. A. (2016). Digital Evidence and the U.S. Criminal Justice System Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence (248770). U.S. Department of Justice. https://www.ojp.gov/pdffiles1/nij/grants/248770.pdf
Wholey, M. T. (2010). The Internet is for Discrimination: Practical Difficulties and Theoretical Hurdles Facing the Fair Housing Act Online. School of Law; Case Western Reserve University, 60(2), 491-529. https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1314&context=caselrev
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Handling Cases without Actionable Legal Claims and FHA Violations
Instructions
In order to complete assignment #6, you will need to answer the below questions. Please complete the questions in a Word document and then upload the assignment for grading. When assigning a name to your document, please use the following format (last name_Assignment #6). Use examples from the readings, lecture notes, and outside research to support your answers. The assignment must be a minimum of 1 total page in length with a minimum of 2 – outside sources. Please be sure to follow APA guidelines for citing and referencing sources. Assignments are due by 11:59 pm Eastern time on Sunday.
Chapter 10
Immunomedics was alerted that there was some negative buzz about the company in a chat room. The poster used a pseudonym, and therefore, the company was unable to identify the poster for lawsuit purposes. The only information the company could ascertain was the poster’s ISP. So, the company decided to subpoena the ISP for identity information of the poster in order to file suit against the poster. How should the courts handle these cases, where the company’s complaints may or may not rise to the level of an actionable legal claim?
Chapter 11
Please read Question #5 on page 362 and then answer the following questions.
Should Craigslist be subject to liability for FHA violations? Why or why not? Cite appropriate legal principles when explaining your answer.