Einhorn Barbarito Attorneys Examine Statutory Ambiguities in New Jersey’s Cyber-Harassment Law in New Jersey Law Journal Article

The New Jersey Law Journal published the article, “Cyber-Harassment, SMS, and Due Process: Defining ‘Online Capacity,’” co-authored by Einhorn Barbarito co-managing partner Matheu D. Nunn, partner Steven H. Wolff, and family law attorney Linda Torosian.

The article, published August 27, explores challenges in the ambiguity of the wording of New Jersey’s cyber-harassment law, which makes it unlawful to harass someone “in an online capacity” or through a social networking site.

The authors discuss the uncertainty around what is defined as “online capacity,” and whether traditional text messages or iMessages qualify, while looking at common meanings of terms like “online” and “cyber” for examples of how courts have treated these forms of messaging in other contexts. The authors cover why clarity is important for both legal fairness and the scope of cyber-crime legislation and note that extending the cyber-harassment statutes to these types of messaging “risks erasing the distinction between cyber-harassment and traditional harassment.”

The full article can be read at the New Jersey Law Journal (subscription may be required).