ARTICLE
17 March 2004

Help! It’s a Virtual Attack! - Beware of Cybersmearing

MC
Miller, Canfield, Paddock and Stone P.L.C.

Contributor

Miller, Canfield, Paddock and Stone P.L.C.
It happens this way: a disgruntled employee, angry at being discharged, retaliates by creating a website on which he posts fabricated allegations, far-fetched charges of fraud or misbehavior, and false statements about your company and its policies. He may even disclose proprietary information about your business in Internet chatrooms, or send anonymous, harassing emails to your employees. Increasing numbers of vindictive employees are engaging in cybersmear campaigns to attack and disparage emp
United States Strategy

It happens this way: a disgruntled employee, angry at being discharged, retaliates by creating a website on which he posts fabricated allegations, far-fetched charges of fraud or misbehavior, and false statements about your company and its policies. He may even disclose proprietary information about your business in Internet chatrooms, or send anonymous, harassing emails to your employees. Increasing numbers of vindictive employees are engaging in cybersmear campaigns to attack and disparage employers. These Internet vendettas can adversely affect your company’s workforce morale, your public image, and your economic viability. What should you do if you’re a cyber smear casualty?

How to respond if you’re a victim

If your company is the target of a cybersmear campaign, your first reaction may be to sue. But litigation can be difficult. Your attacker is probably anonymous; the posted information - however false - may be protected free speech; and many Internet Service Providers (ISPs) are loath to disclose the identity of their users. What’s more, the attention of a lawsuit can bring added attention to the cybersmear itself.

Before pursuing litigation, consider other alternatives. Your attorney can direct a cease and desist notice to the website or message board where the postings occur, advising the anonymous attacker that legal action may be taken. You can also contact the ISP. Most service providers like Yahoo!, AOL, and MSN require their subscribers to agree to terms and conditions, and violations could result in deletion of the posted information and termination of service.

How to protect yourself

Policies and procedures that prevent cyber attacks will save money and the headache of trying to pick up the pieces after your company has been disparaged on the Internet.

  • Implement an internal or external monitoring system that regularly searches Internet sites related to your company and checks for false information
  • Initiate a confidentiality policy that prohibits disclosure of corporate and client information, whether over the Internet or via other means
  • Provide training for your employees that emphasizes the importance of following your guidelines, and spells out the consequences of breaking policy
  • Register variations of your company’s domain name to prevent disgruntled employees and ex-employees from creating websites that mimic your official site
  • Create, distribute, and implement policies that address the circulation of rumors or false information

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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