Now what I am about to say here is not legal advice . I am a lawyer but I am not your lawyer. In fact, let me quote from
Beldar’s disclaimer:
Any legal opinions or information that I may publish on the BeldarBlog weblog should be considered to be exclusively for purposes of entertainment. No reader of this website should ever rely upon any legal opinions or other information published here — not even just a little bit! If you need legal advice or information that you can rely upon, I strongly recommend that you consult directly — in person preferably, or at a minimum by telephone, and not over the Internet — with a lawyer duly licensed to practice law in the state (or territory or country) where you live.
Now I won’t go that far. I don’t think this is purely for entertainment purposes, but often I talk about law so you can understand how our legal system works better, so that as informed citizens of the republic you can choose whether the law needs to be reformed or not. But you still should never say, “but Aaron Worthing said that the law said X” as a formal legal opinion. That would be a grievous mistake.
But in talking about the wisdom of the laws already on the books, I have to say that Virginia really has an eloquent solution to the problem of cyberstalking. Although the statutes in question originated in the 1950’s, Virginia’s statutes against business conspiracy provide a unique remedy to a certain version of the problem. I have used them a lot in my day job and they would work very well in certain cyberstalking situations. Those statutes are Va Code §18.2-499 and §18.2-500. These statutes make it illegal for two or more people to conspire for the purpose of “willfully and maliciously injuring another in his reputation, trade, business or profession by any means whatever[.]” §18.2-499. So in other words if two or more people agree to harm your business, your reputation, etc. then they run afoul of the statute.
Sort of. Obviously not all combinations to harm a business should be outlawed—indeed could be outlawed—consistent with basic economic freedom. The courts in Virginia have reasonably read into this statute a requirement that there be a conspiracy “to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.” Hechler Chevrolet, Inc. v. General Motors, 337 S.E.2d 744 (Va. 1985). As the Hechler court observed: “There can be no conspiracy to do an act which the law allows.”
So that means that if I and a friend decide to work together to build a car so great that it will drive all of the other car companies out of business, that isn’t a violation of this statute even if it is motivated by malice toward the car companies. That’s just free market competition. But if we conspire to make our car successful by sabotaging Toyotas, or even just by defamation of another company, then we can be held liable for that conspiracy.
So to the person facing cyberstalking, if it is more than one person working in concert, then this statute might apply in a number of ways. For instance, if defamation occurs, or if they intentionally inflict emotional distress on you or a number of other unlawful means on you, then you might be covered.