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cyberstalking
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{{Short description|Use of the Internet as means of monitoring users' activities maliciously}}{{redirect|Cyberstalker|the Lifetime TV film|Cyberstalker (film)}}{{pp-semi-indef}}{{pp-move-indef}}Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization.DICTIONARY, Cyberstalking,weblink Oxford University Press, 2013-12-10, 2016-06-14,weblink" title="web.archive.org/web/20160614113108weblink">weblink dead, JOURNAL, Reyns, Bradford W., Henson, Billy, Fisher, Bonnie S., 2011-09-21, Being Pursued Online: Applying Cyberlifestyle–Routine Activities Theory to Cyberstalking Victimization,weblink Criminal Justice and Behavior, en, 38, 11, 1149–1169, 10.1177/0093854811421448, 143775040, 0093-8548, It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, doxing, or blackmail. These unwanted behaviors are perpetrated online and cause intrusion into an individual's digital life as well as negatively impact a victim's mental and emotional well-being, as well as their sense of safety and security online. JOURNAL, Wilson, Chanelle, Sheridan, Lorraine, Garratt-Reed, David, 2021, What is Cyberstalking? A Review of Measurements,weblink Journal of Interpersonal Violence, en, 37, 11-12, NP9763–NP9783, 10.1177/0886260520985489, 0886-2605, Cyberstalking is often accompanied by realtime or offline stalking.JOURNAL, Spitzberg, Brian H., Hoobler, Gregory, Cyberstalking and the technologies of interpersonal terrorism, New Media & Society, February 2002, 4, 1, 71–92,weblink 14 June 2011, 10.1177/14614440222226271, 27102356,weblink" title="web.archive.org/web/20120114131647weblink">weblink 14 January 2012, In many jurisdictions, such as California, both are criminal offenses.NEWS, Smith, Kevin, Tougher California laws protect victims of digital harassment,weblink 3 July 2017, San Gabriel Valley Tribune, 2 September 2016, Both are motivated by a desire to control, intimidate or influence a victim.Cyberstalking Crime research A stalker may be an online stranger or a person whom the target knows. They may be anonymous and solicit involvement of other people online who do not even know the target.WEB, 2018-10-18, Cyberstalkers: Tools, Tactics and Threats,weblink 2021-09-04, United States Cybersecurity Magazine, en-US, Cyberstalking is a criminal offense under various state anti-stalking, slander and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.Cyberstalking is often defined as unwanted behavior

Definitions and description

{{See also|Doxing|Cyberbullying}}There have been a number of attempts by experts and legislators to define cyberstalking. It is generally understood to be the use of the Internet or other electronic means to stalk or harass an individual, a group, or an organization. Cyberstalking is a form of cyberbullying; the terms are often used interchangeably in the media. Both may include false accusations, defamation, slander and libel. Cyberstalking may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten or harass. Cyberstalking is often accompanied by real-time or offline stalking. Both forms of stalking may be criminal offenses.Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. Technology ethics professor Lambèr Royakkers defines cyberstalking as perpetrated by someone without a current relationship with the victim. About the abusive effects of cyberstalking, he writes that:[Stalking] is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he has no relationship (or no longer has), with motives that are directly or indirectly traceable to the affective sphere. Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect).JOURNAL,weblink Lambèr Royakkers, The Dutch Approach to Stalking Laws, California Criminal Law Review, 3, October 2000, 10 December 2013,weblink" title="web.archive.org/web/20131107054658weblink">weblink 7 November 2013,

Distinguishing cyberstalking from other acts

There is a distinction between cyber-trolling and cyber-stalking. Research has shown that actions that can be perceived to be harmless as a one-off can be considered to be trolling, whereas if it is part of a persistent campaign then it can be considered stalking.{| class="wikitable sortable"! TM !! Motive !! Mode !! Gravity !! Description
| In the moment and quickly regret
| In the moment but do not regret and continue
Cyber-stalking >| Go out of way to cause problems, but without a sustained and planned long-term campaign
Cyber-stalking >| Goes out of the way to create rich media to target one or more specific individuals
Cyberstalking author Alexis Moore separates cyberstalking from identity theft, which is financially motivated. Her definition, which was also used by the Republic of the Philippines in their legal description, is as follows:{{blockquote|Cyberstalking is a technologically-based "attack" on one person who has been targeted specifically for that attack for reasons of anger, revenge or control. Cyberstalking can take many forms, including:
  1. harassment, embarrassment and humiliation of the victim
  2. emptying bank accounts or other economic control such as ruining the victim's credit score
  3. harassing family, friends and employers to isolate the victim
  4. scare tactics to instill fear and moreNEWS, What is cyberstalking?, Alexis A., Moore,weblink About.com, 2014-01-12, 2016-05-05,weblink" title="web.archive.org/web/20160505082905weblink">weblink dead
, |author=|title=|source=}}

Identification and detection

CyberAngels has written about how to identify cyberstalking:BOOK, Paul Bocij, Cyberstalking: Harassment in the Internet Age and How to Protect Your Family, Praeger, 2004, 9–10, When identifying cyberstalking "in the field," and particularly when considering whether to report it to any kind of legal authority, the following features or combination of features can be considered to characterize a true stalking situation: (:wikt:malice|malice), premeditation, repetition, distress, obsession, vendetta, no legitimate purpose, personally directed, disregarded warnings to stop, harassment and threats.A number of key factors have been identified in cyberstalking:{{expand list|date=June 2014}}
  • False accusations: Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms, or other sites that allow public contributions such as Wikipedia or Amazon.com.WEB,weblink Fighting Cyberstalking, ComputerEdge Online, Skip Press, 2013-11-29,weblink" title="web.archive.org/web/20121028014650weblink">weblink October 28, 2012, live,
  • Attempts to gather information about the victim: Cyberstalkers may approach their victim's friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective.WEB, Violence & Domestic Abuse - Stalking,weblink The Women's Center, 2013-12-10,weblink" title="web.archive.org/web/20131213210301weblink">weblink 2013-12-13,
  • Monitoring their target's online activities and attempting to trace their IP address in an effort to gather more information about their victims.JOURNAL,weblink An exploration of predatory behavior in cyberspace: Towards a typology of cyberstalkers, First Monday, Leroy McFarlane, Paul Bocij, 8, 9, 2003-09-01, 2013-11-29, 10.5210/fm.v8i9.1076, free,
  • Encouraging others to harass the victim: Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his/her family in some way, or may post the victim's name and telephone number in order to encourage others to join the pursuit.
  • False victimization: The cyberstalker will claim that the victim is harassing him or her. Bocij writes that this phenomenon has been noted in a number of well-known cases.BOOK, Bocij, Paul, Cyberstalking: Harassment in the Internet Age and how to Protect Your Family,weblink 2004, Greenwood Publishing Group, 978-0-275-98118-1, 12–13,
  • Attacks on data and equipment: They may try to damage the victim's computer by sending viruses.
  • Ordering goods and services: They order items or subscribe to magazines in the victim's name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim's workplace.
  • Arranging to meet: Young people face a particularly high risk of having cyberstalkers try to set up meetings between them.
  • The posting of defamatory or derogatory statements: Using web pages and message boards to incite some response or reaction from their victim.BOOK,weblink Bash the Stock Bashers!, John E., Lux, 25 July 2010, Eagle Point Publishing, 1 May 2017, Google Books, 9781450728218,

Prevalence and impact

According to Law Enforcement Technology, cyberstalking has increased with the growth of new technology and new ways to stalk victims. "Disgruntled employees pose as their bosses to post explicit messages on social network sites; spouses use GPS to track their mates' every move. Even police and prosecutors find themselves at risk, as gang members and other organized criminals find out where they live — often to intimidate them into dropping a case."NEWS, High-Tech Stalking, Christa, Miller,weblink Law Enforcement Technology, Officer.com, April 30, 2009, 12 January 2014, In January 2009, the Bureau of Justice Statistics in the United States released the study "Stalking Victimization in the United States," which was sponsored by the Office on Violence Against Women. The report, based on supplemental data from the National Crime Victimization Survey, showed that one in four stalking victims had been cyberstalked as well, with the perpetrators using internet-based services such as email, instant messaging, GPS, or spyware. The final report stated that approximately 1.2 million victims had stalkers who used technology to find them. The Rape, Abuse and Incest National Network (RAINN), in Washington D.C. has released statistics that there are 3.4 million stalking victims each year in the United States. Of those, one in four reported experiencing cyberstalking.NEWS, Criminals use technology to track victims, Tom, Smith,weblink Times Daily, February 28, 2010, 2014-01-12, According to Robin M. Kowalski, a social psychologist at Clemson University, cyberbullying has been shown to cause higher levels of anxiety and depression for victims than normal bullying. Kowalksi states that much of this stems from the anonymity of the perpetrators, which is a common feature of cyberstalking as well. According to a study by Kowalksi, of 3,700 bullied middle-school students, a quarter had been subjected to a form of online harassment.

Types

Stalking by strangers

According to Joey Rushing, a District Attorney of Franklin County, Alabama, there is no single definition of a cyberstalker - they can be either strangers to the victim or have a former/present relationship. "[Cyberstalkers] come in all shapes, sizes, ages and backgrounds. They patrol Web sites looking for an opportunity to take advantage of people."

Gender-based stalking

Harassment and stalking because of gender online, also known as online gender-based violence, is common, and can include rape threatsK.K. Cole (2015). "It's Like She's Eager to be Verbally Abused": Twitter, Trolls, and (En) Gendering Disciplinary Rhetoric. Feminist Media Studies, 15(2), 356-358. and other threats of violence, as well as the posting of the victim's personal information.R.S. Mathews, S. Aghili, D. Lindskog (2013) A Study of Doxing, its Security Implications and Mitigation Strategies for Organizations. It is blamed for limiting victims' activities online or driving them offline entirely, thereby impeding their participation in online life and undermining their autonomy, dignity, identity, and opportunities.JOURNAL, Citron, Danielle Keats, Law's Expressive Value in Combating Cyber Gender Harassment, Michigan Law Review, October 2009, 108, 373, 1352442,

Of intimate partners

Cyberstalking of intimate partners is the online harassment of a current or former romantic partner. It is a form of domestic violence, and experts say its purpose is to control the victim in order to encourage social isolation and create dependency. Harassers may send repeated insulting or threatening e-mails to their victims, monitor or disrupt their victims' e-mail use, and use the victim's account to send e-mails to others posing as the victim or to purchase goods or services the victim does not want. They may also use the Internet to research and compile personal information about the victim, to use in order to harass him or her.JOURNAL, Southworth, Cynthia, Finn, Jerry, Dawson, Shawndell, Fraser, Cynthia, Tucker, Sarah, 21299375, Intimate Partner Violence, Technology, and Stalking, 2007, 13, 8, 8, 842–856, 10.1177/1077801207302045, Violence Against Women, 17699114,

Of celebrities and public persons

Profiling of stalkers shows that almost always they stalk someone they know or, via delusion, think they know, as is the case with stalkers of celebrities or public persons in which the stalkers feel they know the celebrity even though the celebrity does not know them.WEB,weblink How to Put Stalkers in Jail, Baddteddy.com, 10 December 2013,weblink" title="web.archive.org/web/20130719063043weblink">weblink 19 July 2013, As part of the risk they take for being in the public eye, celebrities and public figures are often targets of lies or made-up stories in tabloids as well as by stalkers, some even seeming to be fans.In one noted case in 2011, actress Patricia Arquette quit Facebook after alleged cyberstalking. In her last post, Arquette explained that her security warned her Facebook friends to never accept friend requests from people they do not actually know. Arquette stressed that just because people seemed to be fans did not mean they were safe. The media issued a statement that Arquette planned to communicate with fans exclusively through her Twitter account in the future.NEWS,weblink Patricia Arquette quits Facebook after alleged cyberstalking, Justin Harp, Digital Spy, 7 October 2012, 10 December 2013,

By anonymous online mobs

{{See also|Networked harassment}}Web 2.0 technologies have enabled online groups of anonymous people to self-organize to target individuals with online defamation, threats of violence and technology-based attacks. These include publishing lies and doctored photographs, threats of rape and other violence, posting sensitive personal information about victims, e-mailing damaging statements about victims to their employers, and manipulating search engines to make damaging material about the victim more prominent.WEB,weblink What is a Web 2.0 technology?, 13 May 2016, 17 December 2018, Lipika, Victims frequently respond by adopting pseudonyms or going offline entirely.JOURNAL, Citron, Danielle Keats, Cyber Civil Rights, Boston University Law Review, February 2009, 89, 61, 61–125,weblink 10 December 2013,weblink" title="web.archive.org/web/20131101180456weblink">weblink 1 November 2013, dmy-all, Experts attribute the destructive nature of anonymous online mobs to group dynamics, saying that groups with homogeneous views tend to become more extreme. As members reinforce each others' beliefs, they fail to see themselves as individuals and lose a sense of personal responsibility for their destructive acts. In doing so they dehumanize their victims, becoming more aggressive when they believe they are supported by authority figures. Internet service providers and website owners are sometimes blamed for not speaking out against this type of harassment.A notable example of online mob harassment was the experience of American software developer and blogger Kathy Sierra. In 2007 a group of anonymous individuals attacked Sierra, threatening her with rape and strangulation, publishing her home address and Social Security number, and posting doctored photographs of her. Frightened, Sierra cancelled her speaking engagements and shut down her blog, writing "I will never feel the same. I will never be the same."

Corporate cyberstalking

Corporate cyberstalking is when a company harasses an individual online, or an individual or group of individuals harasses an organization.JOURNAL, Corporate Cyberstalking, First Monday,weblink 7, 11, 4 November 2002, Paul Bocij, 10.5210/fm.v7i11.1002, 1396-0466, 10 December 2013, free, Motives for corporate cyberstalking are ideological, or include a desire for financial gain or revenge.

Perpetrators

Motives and profile

Mental profiling of digital criminals has identified psychological and social factors that motivate stalkers as: envy; pathological obsession (professional or sexual); unemployment or failure with own job or life; intention to intimidate and cause others to feel inferior; the stalker is delusional and believes they "know" the target; the stalker wants to instill fear in a person to justify his/her status; belief they can get away with it (anonymity); intimidation for financial advantage or business competition; revenge over perceived or imagined rejection.WEB,weblink Cyber-Stalking: Obsessional Pursuit and the Digital Criminal, Wayne Petherick, 10 December 2013,weblink" title="web.archive.org/web/20090209045152weblink">weblink 9 February 2009, WEB,weblink Ten Reasons Why Someone is Stalking You Online, Quitstalkingme.com, Quit Stalking Me, 28 July 2011, 10 December 2013,weblink" title="web.archive.org/web/20131212185517weblink">weblink 12 December 2013,
Four types of cyberstalkers
Preliminary work by Leroy McFarlane and Paul Bocij has identified four types of cyberstalkers: the vindictive cyberstalkers noted for the ferocity of their attacks; the composed cyberstalker whose motive is to annoy; the intimate cyberstalker who attempts to form a relationship with the victim but turns on them if rebuffed; and collective cyberstalkers, groups with a motive.JOURNAL, Leroy McFarlane, Paul Bocij, An exploration of predatory behaviour in cyberspace: Towards a typology of cyberstalkers, First Monday, 1 September 2003, 8, 9,weblink A typology of cyberstalkers was developed., 10.5210/fm.v8i9.1076, 1396-0466, 10 December 2013,weblink" title="web.archive.org/web/20120404163913weblink">weblink 4 April 2012, dmy-all, free,
According to Antonio Chacón Medina, author of Una nueva cara de Internet, El acoso ("A new face of the Internet: stalking"), the general profile of the harasser is cold, with little or no respect for others. The stalker is a predator who can wait patiently until vulnerable victims appear, such as women or children, or may enjoy pursuing a particular person, whether personally familiar to them or unknown. The harasser enjoys and demonstrates their power to pursue and psychologically damage the victim.WEB,weblink Una nueva cara de Internet, 2003,weblink" title="web.archive.org/web/20071122095139weblink">weblink November 22, 2007, es, mdy-all, December 29, 2010,

Behaviors

Cyberstalkers find their victims by using search engines, online forums, bulletin and discussion boards, chat rooms, and more recently, through social networking sites,WEB, Pikul, Corrie,weblink Confessions of a Facebook Stalker, Elle.com, 19 August 2010, 2011-03-12,weblink" title="web.archive.org/web/20110623065605weblink">weblink 23 June 2011, such as MySpace, Facebook, Bebo, Friendster, Twitter, and Indymedia, a media outlet known for self-publishing. They may engage in live chat harassment or flaming or they may send electronic viruses and unsolicited e-mails.WEB, 2003, Cyberstalking,weblinkweblink" title="web.archive.org/web/20040617175754weblink">weblink 17 June 2004, The National Center For Victims of Crime, Cyberstalkers may research individuals to feed their obsessions and curiosity. Conversely, the acts of cyberstalkers may become more intense, such as repeatedly instant messaging their targets.JOURNAL, Howes, Oliver D., September 2006, Compulsions in Depression: Stalking by Text Message,weblink live, The American Journal of Psychiatry, 163, 9, 1642, 10.1176/appi.ajp.163.9.1642, 16946195,weblink" title="archive.today/20130113034833weblink">weblink 2013-01-13, More commonly they will post defamatory or derogatory statements about their stalking target on web pages, message boards, and in guest books designed to get a reaction or response from their victim, thereby initiating contact. In some cases, they have been known to create fake blogs in the name of the victim containing defamatory or pornographic content.When prosecuted, many stalkers have unsuccessfully attempted to justify their behavior based on their use of public forums, as opposed to direct contact. Once they get a reaction from the victim, they will typically attempt to track or follow the victim's internet activity. Classic cyberstalking behavior includes the tracing of the victim's IP address in an attempt to verify their home or place of employment. Some cyberstalking situations do evolve into physical stalking, and a victim may experience abusive and excessive phone calls, vandalism, threatening or obscene mail, trespassing, and physical assault. Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.WEB, Types of Stalkers and Stalking Patterns,weblinkweblink" title="archive.today/20060409174009weblink">weblink 2006-04-09, 2013-12-10, Sexualharrassmentsupport.com, WEB,weblink Cyber-Stalking: Obsessional Pursuit and the Digital Criminal, CrimeLibrary.com,weblink" title="web.archive.org/web/20060831232627weblink">weblink 2006-08-31, A 2007 study led by Paige Padgett from the University of Texas Health Science Center found that there was a false degree of safety assumed by women looking for love online.NEWS, Bonnie Zylbergold, Look Who's Googling: New acquaintances and secret admirers may already know all about you, National Sexuality Resource Center, American Sexuality Magazine,weblinkweblink" title="web.archive.org/web/20070618093344weblink">weblink June 18, 2007, JOURNAL,weblink Personal Safety and Sexual Safety for Women Using Online Personal Ads, Paige M. Padgett, Sexuality Research and Social Policy: National Sexuality Resource Center, June 2007, 4, 2, 27–37, 10.1525/srsp.2007.4.2.27,

Cyberstalking legislation

Legislation on cyberstalking varies from country to country. Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. The point overlooked is that enforcing these laws can be a challenge in these virtual communities. The reason being, these issues are very unique to law enforcement agencies who have never faced cases related to cyberstalking.JOURNAL, King, Ruby, 2017-05-01, Digital Domestic Violence: Are Victims of Intimate Partner Cyber Harassment, Victoria University of Wellington Law Review, 48, 1, 29–54, 10.26686/vuwlr.v48i1.4770, 1171-042X, free, In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.WEB, Legislatures, National Conference of State, Legislative News, Studies and Analysis - National Conference of State Legislatures,weblinkweblink" title="web.archive.org/web/20090613030037weblink">weblink June 13, 2009, 27 March 2018, www.ncsl.org, In countries such as the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." The primary distinction is one of age; if adults are involved, the act is usually termed (wikt:cyberstalking|cyberstalking), while among children it is usually referred to as (wiktionary:cyberbullying|cyberbullying). However, as there have not been any formal definitions of the terms, this distinction is one of semantics and many laws treat bullying and stalking as much the same issue.H. A. Hosani, M. Yousef, S. A. Shouq, F. Iqbal and D. Mouheb, "A Comparative Analysis of Cyberbullying and Cyberstalking Laws in the UAE, US, UK and Canada," 2019 IEEE/ACS 16th International Conference on Computer Systems and Applications (AICCSA), Abu Dhabi, United Arab Emirates, 2019, pp. 1-7, doi: 10.1109/AICCSA47632.2019.9035368.

Australia

In Australia, the Stalking Amendment Act (1999) includes the use of any form of technology to harass a target as forms of "criminal stalking."

Canada

In 2012, there was a high-profile investigation into the death of Amanda Todd, a young Canadian student who had been blackmailed and stalked online before committing suicide. The Royal Canadian Mounted Police were criticized in the media for not naming one of her alleged stalkers as a person of interest.WEB, Hoffberger, Chase,weblink "The Daily Capper" exposes alleged culprit in Amanda Todd suicide, The Daily Dot, 13 November 2012, 2013-08-15,

Philippines

In the Fifteenth Congress of the Republic of the Philippines, a cyberstalking bill was introduced by Senator Manny Villar. The result was to "urge the Senate Committees on Science and Technology, and Public Information and Mass Media to conduct an inquiry, in aid of legislation, on the increasing occurrence of cyber stalking cases and the modus operandi adopted in the internet to perpetuate crimes with the end in view of formulating legislation and policy measures geared towards curbing cyber stalking and other cyber crimes and protect online users in the country."NEWS, Cyberstalking Bill: Introduced by Senator Villar,weblink Fifteenth Congress of the Republic of the Philippines, 2014-01-12,

United States

History, current legislation

Cyberstalking is a criminal offense under American anti-stalking, slander, and harassment laws.A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.WEB, 18 U.S. Code § 2261(b),weblink live, Legal Information Institute,weblink" title="web.archive.org/web/20120221235019weblink">weblink 2012-02-21, Cyberstalking specifically has been addressed in recent U.S. federal law. For example, the Violence Against Women Act, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. The current US Federal Anti-Cyber-Stalking law is found at {{UnitedStatesCode|47|223}}.WEB,weblink Cybertelecom :: 47 USC 233, Cybertelecom, 2013-12-10, Still, there remains a lack of federal legislation to specifically address cyberstalking, leaving the majority of legislative at the state level. A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications.WEB, Working to Halt Online Abuse,weblink Working to Halt Online Abuse, The first anti-stalking law was enacted in California in 1990, and while all fifty states soon passed anti-stalking laws, by 2009 only 14 of them had laws specifically addressing "high-tech stalking." The first U.S. cyberstalking law went into effect in 1999 in California.NEWS, Miller, Greg, Maharaj, Davan, Jan 22, 1999, N. Hollywood Man Charged in 1st Cyber-Stalking Case, Los Angeles Times,weblink Other states have laws other than harassment or anti-stalking statutes that prohibit misuse of computer communications and e-mail, while others have passed laws containing broad language that can be interpreted to include cyberstalking behaviors, such as in their harassment or stalking legislation.{{citation needed|date=June 2014}}Sentences can range from 18 months in prison and a $10,000 fine for a fourth-degree charge to ten years in prison and a $150,000 fine for a second-degree charge.WEB, Doxing What to look for. How to prevent it, Stuart, Blessman, 2016, Officer.com,weblink
States with cyberstalking legislation
  • Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire, and New York have included prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation.
  • Alaska, Florida, Oklahoma, Wyoming, and California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws.
  • Texas enacted the Stalking by Electronic Communications Act, 2001.
  • Missouri revised its state harassment statutes to include stalking and harassment by telephone and electronic communications (as well as cyber-bullying) after the Megan Meier suicide case of 2006. In one of the few cases where a cyberstalking conviction was obtained the cyberstalker was a woman, which is also much rarer that male cyberstalkers.NEWS,weblink Blunt signs cyberbullying bill, Perry, Elizabeth, 2 July 2008, St. Louis Post-Dispatch, Stltoday.com, 2011-06-18, The conviction was overturned in on appeal in 2009 however.NEWS,weblink Prosecutors Drop Plans to Appeal Lori Drew Case, Zetter, Kim, November 20, 2009, Wired News,
  • In Florida, HB 479 was introduced in 2003 to ban cyberstalking. This was signed into law on October 2003.WEB,weblink Florida Statute 784.048, Florida Computer Crime Center,weblink" title="web.archive.org/web/20070205233057weblink">weblink 2007-02-05,

Age, legal limitations

While some laws only address online harassment of children, there are laws that protect adult cyberstalking victims. While some sites specialize in laws that protect victims age 18 and under, current and pending cyberstalking-related United States federal and state laws offer help to victims of all ages.WEB,weblink Current and pending cyberstalking-related United States federal and state laws, Working to Halt Online Abuse, 2013-12-10, 2018-09-12,weblink" title="web.archive.org/web/20180912164944weblink">weblink dead, Most stalking laws require that the perpetrator make a credible threat of violence against the victim; others include threats against the victim's immediate family; and still others require the alleged stalker's course of conduct constitute an implied threat. While some conduct involving annoying or menacing behavior might fall short of illegal stalking, such behavior may be a prelude to stalking and violence and should be treated seriously.WEB, August 1999, Cyberstalking: A New Challenge for Law Enforcement and Industry,weblinkweblink" title="web.archive.org/web/20100225045406weblink">weblink February 25, 2010, 2013-11-29, Justice.gov, The United States Department of Justice, Online identity stealth blurs the line on infringement of the rights of would-be victims to identify their perpetrators. There is a debate on how internet use can be traced without infringing on protected civil liberties.{{citation needed|date=June 2014}}

Specific cases

There have been a number of high-profile legal cases in the United States related to cyberstalking, many of which have involved the suicides of young students.NEWS,weblink Alexis Pilkington Facebook Horror: Cyber Bullies Harass Teen Even After Suicide, 25 May 2011, 2013-08-15, Huffington Post, WEB,weblink Samantha Kelly Bullied to Death: Mich. 14-Year-Old's Suicide Followed Harassment After Rape Claim - Crimesider, CBS News, 11 November 2010, Carlin Miller, 2013-08-15,weblink" title="web.archive.org/web/20130725193942weblink">weblink July 25, 2013, In thousands of other cases, charges either were not brought for the cyber harassment or were unsuccessful in obtaining convictions.WEB, Julia Dahl, 12 April 2013, Audrie Pott, Rehtaeh Parsons suicides show sexual cyber-bullying is "pervasive" and "getting worse," expert says - Crimesider,weblinkweblink" title="web.archive.org/web/20130413031233weblink">weblink April 13, 2013, 2013-12-10, CBS News, As in all legal instances, much depends on public sympathy towards the victim, the quality of legal representation and other factors that can greatly influence the outcome of the crime – even if it will be considered a crime.WEB, Neil Katz, 12 November 2010, Samantha Kelly, 14, Cyberbullied Even After Suicide - HealthPop,weblinkweblink" title="web.archive.org/web/20101114040341weblink">weblink November 14, 2010, 2013-08-15, CBS News, In the case of a fourteen-year-old student in Michigan, for instance, she pressed charges against her alleged rapist, which resulted in her being cyberstalked and cyberbullied by fellow students. After her suicide in 2010 all charges were dropped against the man who allegedly raped her, on the basis that the only witness was dead. This is the despite the fact that statutory rape charges could have been pressed.NEWS, Mary M. Chapman,weblink Samantha Kelly Suicide: Rape Charges Dropped, Mother Speaks Up, The Daily Beast, 13 November 2010, 2013-08-15, In another case of cyberstalking, college student Dharun Ravi secretly filmed his roommate's sexual liaison with another man, then posted it online. After the victim committed suicide,NEWS, Frank Bruni, 23 May 2012, More Thoughts on the Ravi/Clementi Case, The New York Times,weblink {{failed verification|date=November 2013}} Ravi was convicted in of bias intimidation and invasion of privacy in New Jersey v. Dharun Ravi. In 2012 he was sentenced to 30 days in jail, more than $11,000 in restitution and three years of probation. The judge ruled that he believes Ravi acted out of "colossal insensitivity, not hatred."NEWS,weblink Live blog: Dharun Ravi sentenced to 30 days in jail, NJ.com, 2012-05-21, 2013-12-05,

Europe

See also

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References

{{reflist|2}}

Further reading

  • Bocij, Paul (2004). Cyberstalking: Harassment in the Internet Age and how to Protect Your Family. Greenwood Publishing Group. {{ISBN|0-275-98118-5}}
  • Ellison, Louise; Akdeniz, Yaman. weblink" title="web.archive.org/web/20130526024339weblink">"Cyber-stalking: the Regulation of Harassment on the Internet" Criminal Law Review. December 1998 Special Edition: Crime, Criminal Justice and the Internet. pp. 29–48.
  • Meloy, J. (2000). The Psychology of Stalking. Reid. Academic Press. {{ISBN|0-12-490561-7}}
  • Mullen, Paul E.; Pathé, Michele; Purcell, Rosemary (2000). Stalkers and Their Victims. Cambridge University Press. {{ISBN|0-521-66950-2}}
  • Hitchcock, J.A. (2006). Net Crimes & Misdemeanors: Outmaneuvering the Spammers, Swindlers, and Stalkers Who Are Targeting You Online. CyberAge Books. {{ISBN|0-910965-72-2}}
  • WEB,weblink PDF article on Cyberstalking in the United Kingdom, August 7, 2006,weblink" title="web.archive.org/web/20070315153746weblink">weblink March 15, 2007, mdy-all,
  • WEB,weblinkweblink February 3, 2019, Crime Library: Cyberstalking, January 4, 2017,
  • weblink" title="archive.today/20121211170524weblink">Cyberstalking – Is it Covered by Current Anti-Stalking Laws? by Craig Lee and Patrick Lynch

External links

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Academic and government studies
  • United States Law and the Internet: Georgia State University College of Law {{Webarchive|url=https://web.archive.org/web/20210308070331weblink |date=2021-03-08 }} (2001)
  • WEB,weblink Cybertelecom :: Cyberstalking Federal Internet Law & Regulation, December 10, 2013,weblink" title="web.archive.org/web/20101121080950weblink">weblink November 21, 2010, live, mdy-all,
  • {{webarchive |url=https://web.archive.org/web/weblink |date= |title=Stalking Laws and Implementation Practices: A National Review for Policymakers and Practitioners (Full Report) }}, Minnesota Center Against Violence and Abuse (2002)
  • WEB,weblink Cyberstalking: A New Challenge for Law Enforcement and Industry. A Report from the Attorney General to the Vice President, November 29, 2013,weblink" title="web.archive.org/web/20100301225843weblink">weblink March 1, 2010, mdy-all, United States Department of Justice (August 1999).
  • Cyber stalking: An Analysis of Online Harassment and Intimidation by Cyber Crime Journal


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