DAMIANO M. FRACASSO
ATTORNEY AT LAW
Celebrating 21 Years of Service
2001 - 2022
Call Tollfree Now
Cybersecurity, Cyber Invasion of Privacy and Cyber - Harassment law
Since the age of 9, Damian has been fascinated by technology and computers. His first computer was a Commodore 64. Fast forward to 2019, Damian finished in the top of his class at Harvard in the post graduate study of Cybersecurity and Managing Risk in the Information Age. Damian can assist businesses of all natures and individuals with identifying and managing operational risks, litigation risks and reputational risks along with mitigating vulnerabilities within networks, systems and data to provide the knowledge and skills to protect the integrity, security and confidentiality of digital assets.
Technology also plays a large role in today's business and family settings. Social Media and the Internet create risks and liabilities for users and non - users. Damian has frequently defended and prosecuted domestic violence restraining orders based on the use and misuse of technology and social media. He has also successfully defended criminal and municipal court offenses using his knowledge of the technical aspects of today's evolving modern technology. This enables you to bring a lawyer to court with you who both speaks and understands the language of today's modern technology and social in order to present the strongest arguments on your behalf.
Damian can also provide legal representation to victims of and those accused of violating New Jersey's Updated 2016 Invasion of Privacy Law (N.J.S.A. 2C:14 - 9) which specifically:
Makes it a crime of the fourth degree for a person, knowing that he or she is not licensed or to do so, to photograph, film, videotape, record, or otherwise reproduce in any manner, the image of the undergarment-clad intimate parts of another person, without that person’s consent and under circumstances in which a reasonable person would not expect to have observed his or her undergarment-clad intimate parts. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both;
Makes it a crime of the third degree to disclose any photograph, film, videotape, recording, or any other reproduction of the image of another person’s undergarment-clad intimate parts. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both;
Expands the definition of “disclose.” Formerly, the term means “sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.” Under the law, the term “disclose” also includes “share, or make available via the Internet or by any other means, whether for pecuniary gain or not.” In addition, the bill specifies that the term “intimate parts” refers to “sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.”
Finally, the bill adds to the current law authorizing civil actions for monetary and equitable relief by persons who are victims of the crime of invasion of privacy references to the new criminal categories of photographing or filming the image of the undergarment-clad intimate parts of another, or disclosing such an image. The new law specifies that a conviction for an invasion of privacy crime is not a prerequisite for a victim to commence a civil action.
Damian can also provide legal representation to victims of and those accused of violating New Jersey's 2014 "Cyber - harassment" law (N.J.S.A. 2C:33-4.1). Under the law, a person commits "cyber-harassment" if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;
(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
(3) threatens to commit any crime against the person or the person's property.