We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes

Authors

Kori Clanton, Benjamin N. Cardozo School of Law

Abstract

This Note focuses on how online dispute resolution ("ODR") processes, as opposed to litigation, offer a more efficient and effective legal solution to resolving online impersonation disputes. The purpose of this Note is to analyze the measures state legislatures and social media websites have implemented to combat online impersonation cases, and to propose a practical ODR solution that will eliminate the burdens of litigation and provide a cost-efficient and time-effective remedy. Section I provides an introduction to the current relevance and rising incidents of online impersonation via social media websites such as Facebook and Twitter. Section II explores the historical and legal contexts that have shaped the legal framework leading to the development of online impersonation legislation. Section III analyzes the effectiveness of current online impersonation statutes as applied in recent cases in leading jurisdictions to reveal inefficiencies in the litigation process. Finally, Section IV proposes the use of ODR processes and determines which methods are best adapted to resolve cases of online impersonation.

Disciplines

Communications Law | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Law | Law and Society | Legislation

Recommended Citation

Kori Clanton, We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes, 16 Cardozo J. Conflict Resol. 323 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss1/13