Published: aripaev.ee 11.04.2012. Author: attorney-at-law Ilya Zuev
Social networks are becoming increasingly popular, and nowadays, there are few people who have not encountered them. However, it is important to remember that, just like in the real world, crimes can also occur in the cyber world. For example, someone might access your website and change data.
At first glance, it seems impossible to find the culprit and gather evidence against them. Even if the suspected violator is found, the legal regulations concerning the internet are so complex and sometimes contradictory that defending your rights in civil or criminal court can be very challenging.
The most common legal violation on the internet is primarily the illegal use of another person’s profile. Typically, a person who commits such a violation can be sued for damages in civil court. Another increasingly common intellectual property violation is the illegal use of someone else’s trademark or domain, as well as copyright infringement, such as the unlawful copying of a website’s design. If the damage caused by such actions is substantial (as is often the case with trademark rights), it may lead to both criminal charges and a claim for damages.
It is crucial to understand that causing damage does not automatically imply liability. Or, to put it in legal terms, the most challenging aspect of internet-based legal violations is proving them. If you have fallen victim to an internet crime, do not waste time and immediately start gathering evidence. Every minute counts, as the person who violated your rights may erase all traces of their actions at any moment.
The best evidence for a legal violation committed on a website is a copy of the website as documentary proof. Of course, other forms of evidence, such as witness testimony, can also be used. However, due to the specific nature of the internet environment, the effectiveness of such evidence is much lower compared to documentary evidence. For instance, it is very difficult for a witness to remember all the details of the violation (the position of objects on the page before and after the violation, the exact time of discovering the violation, etc.) that are required in the process of proving the violation. As a result, witness testimony in such cases can be called into question, which naturally decreases the chances of the dispute being resolved in favor of the victim.
Therefore, even if the violation is clearly evident, it must be documented (a simple printout of the website on paper or a screenshot – capturing the entire screen or a specific part of it as an image) or notarized so that the evidence includes all necessary details, such as the time of printing. A notarized copy of a website is irrefutable evidence, although there is no legal requirement for a website printout to be notarized.
As for other forms of evidence that are considered equivalent to documentary evidence, internet protocols can be used. An internet protocol is an automatic log from the internet service provider that records all of a user’s activities on different servers. The service provider is required to store the date and time of the start and end of the internet session, along with the IP address assigned to the user by the service provider, and the user ID. Internet protocols can be particularly relevant for identifying the violator, as they record who visited which website at what time. Therefore, you can request the internet service provider to provide a copy of the internet protocol, which must be certified by an authorized representative of the service provider.
In legal practice, search engines are also used as evidence. These are programs that scan the internet looking for new websites. They store the basic data of the website, its publication date, and a brief description. This way, anyone interested can find the relevant website through the search engine. Often, this provides an answer to the question of how easily a specific website can be found. As evidence, search engines play a key role in determining the extent of the damage. The more popular the site, the higher the compensation that can be demanded.
Another form of evidence is a website counter, which provides information about how often and how many people have visited the website. The website counter indicates the significance of the site as a source of information and once again allows the determination of the amount of damage. However, the victim should bear in mind that to prevent interested parties from tampering with the data, the information should be collected immediately before filing a lawsuit.
In conclusion, I would like to point out that internet-related legal violations can only be proven if the victim acts correctly from the moment they become aware of the violation. This is necessary for gathering evidence and ensuring that the violator cannot raise even the slightest doubt about the case. A strong understanding of evidence-gathering methods gives the victim a better chance of initiating a successful court case.
