ERIC Number: ED442070
Record Type: Non-Journal
Publication Date: 2000
Reference Count: N/A
Cybercounselors v. Cyberpolice.
Love, Jeffrey S.
The future of cybercounseling will be greatly affected by state efforts to regulate it. Cybercounseling will probably be found by some courts to violate state licensing laws. The risk of prosecution under those laws is substantial and undoubtedly has already stunted the growth of cybercounseling in the United States. Few, if any, state licensing laws expressly address on-line counseling, so arguments can be made that state laws currently do not prohibit it. These arguments may succeed in some states, and will be helped by carefully worded legal disclaimers and descriptions of services on cybercounselors' Web sites. The following three possible defenses for cybercounselors are discussed in this chapter: (1) the counselor and the client agreed that the services were not subject to the licensing laws of the client's state; (2) the client's state has no right to arrest and extradite a counselor who was physically in another state at the time the services were provided; (3) cybercounselors may also be able to defend themselves from charges of practicing without a license by raising a free speech defense. This chapter also provides recommendations for cybercounselors practicing interstate. (Contains 18 notes.) (MKA)
Descriptors: Certification, Counseling, Counselors, Court Litigation, Law Enforcement, State Regulation
American Counseling Association, 5999 Stevenson Ave., Alexandria, VA 22304-3300 ($29.95). Also available through ERIC Clearinghouse on Counseling and Student Services, University of North Carolina at Greensboro, 201 Ferguson Building, P.O. Box 26171, Greensboro, NC 27402-6171; Tel: 800-414-9769 (Toll Free); Fax: 336-334-4116; e-mail: email@example.com; Web site: http://ericcass.uncg.edu.
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: Counselors; Practitioners
Authoring Institution: N/A