Judge: 'Friend' Request Violated Protection Order

STATEN ISLAND, N.Y. — A Staten Island judge has ruled that that a "friend request" made via MySpace.com can constitute a violation of a temporary protection order like any other means of communicating with the protected individual, the New York Law Journal reported.

Ruling in the case People v. Fernino, Judge Matthew A. Sciarrino Jr. held that a "friend request" could still be considered a violation of a protection order entered in the case, regardless of the use of MySpace as an intermediary for the communication.

"While it is true that the person who received the 'friend request' could simply deny the request to become 'friends,' that request was still a contact, and 'no contact' was allowed by the order of protection," Sciarrino wrote. "It is no different than if the defendant arranged for any agent to make known to a claimant, 'Your former friend wants to communicate with you. Are you interested?'"

In the case, a 16 year-old named Melissa Fernino was barred by a family court from contacting a woman named Sandra Delgrosso or her two teenage daughters. The conflict between the parties reportedly resulted from a relationship between Delgrosso and Fernino's father.

Staten Island Family Court Judge Terrence McElrath issued orders of protection prohibiting Fernino from contacting Delgrosso or her daughters last year. In July, 2007, shortly after the orders were issued, Fernino allegedly sent separate MySpace friend requests to Delgrosso and both of her daughters.

Delgrosso reported the contact to the police, and Fernino was charged with three counts of second-degree criminal contempt for her alleged violation of the orders of protection. Fernino moved to dismiss the criminal contempt charges, arguing that even if true, the allegations did not support the charges.

In his decision, Sciarrino described use of the friend request feature, and found that despite its differences from means of communication the defendant could have employed there was no difference under the law between a friend request and any other form of barred communication.

"[T]he defendant used MySpace as a conduit for communication prohibited by the temporary order of protection issued by the family court," Sciarrino wrote, adding that the friend request was covered under the family court's mandate that the "[r]espondent shall have 'no contact' with Sandra Delgrosso."

Asked whether there was any potential liability for social networking sites when such situations arise, attorney Joe Obenberger of JD Obenberger and Associates told XBIZ that any liability is attached to the person violating the protection order, unless authorities "see some sort of aiding and abetting going on."

"With protective orders, all of the focus is on keeping [the respondent] away from the protected person," Obenberger said. "The important thing is not potential liability of the website — that's very, very unlikely to enter into the equation. The order is designed to prevent communication by any means or modality. It could be smoke signals, it could be semaphore, but [the respondent] can't just pretend that they aren't trying to circumvent the order by using some other agency or intermediary."

In other words, Obsenberger said, it is not the form or means of delivering communication that protective orders are prohibiting, it is the respondent's communication, itself, that is barred.

"The bottom line is that no matter what sort of communication the human imagination can devise, that communicative technique can be covered under a protective order," Obenberger said.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More