Cyberstalking
Cyberstalking is the use of the
Cyberstalking is often accompanied by realtime or offline stalking.[4] In many jurisdictions, such as California, both are criminal offenses.[5] Both are motivated by a desire to control, intimidate or influence a victim.[6] 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.[7]
Cyberstalking is a criminal offense under various state anti-stalking,
Cyberstalking is often defined as unwanted behavior
Definitions and description
There have been a number of attempts by experts and legislators to define cyberstalking. It is generally understood to be the use of the
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.[4] Both forms of stalking may be criminal offenses.[5]
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).[8]
Distinguishing cyberstalking from other acts
There is a distinction between
TM | Motive | Mode | Gravity | Description |
---|---|---|---|---|
1 | Playtime | Cyber-bantering | Cyber-trolling | In the moment and quickly regret |
2 | Tactical | Cyber-trickery | Cyber-trolling | In the moment but do not regret and continue |
3 | Strategic | Cyber-bullying | Cyber-stalking | Go out of way to cause problems, but without a sustained and planned long-term campaign |
4 | Domination | Cyber-hickery | 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.
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:
- harassment, embarrassment and humiliation of the victim
- emptying bank accounts or other economic control such as ruining the victim's credit score
- harassing family, friends and employers to isolate the victim
- scare tactics to instill fear and more[9]
Identification and detection
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:
threats.
A number of key factors have been identified in cyberstalking:
- Amazon.com.[12]
- 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.[13]
- Monitoring their target's online activities and attempting to trace their IP address in an effort to gather more information about their victims.[14]
- 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.[15]
- 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.[15]
- The posting of defamatory or derogatory statements: Using web pages and message boards to incite some response or reaction from their victim.[16]
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."[17]
In January 2009, the
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.[19]
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."[18]
Gender-based stalking
Harassment and stalking because of gender online, also known as
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.[23]
Of celebrities and public persons
Profiling of stalkers shows that almost always they stalk someone they know or, via
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.[25]
By anonymous online mobs
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.[26] Victims frequently respond by adopting pseudonyms or going offline entirely.[27]
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.[27]
A notable example of online mob harassment was the experience of American
Corporate cyberstalking
Corporate cyberstalking is when a company harasses an individual online, or an individual or group of individuals harasses an organization.[28] Motives for corporate cyberstalking are ideological, or include a desire for financial gain or revenge.[28]
Perpetrators
Motives and profile
Mental profiling of digital criminals has identified psychological and social factors that motivate stalkers as:
- 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.[31] 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.[32]
Behaviors
Cyberstalkers find their victims by using
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.[34] 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.[34] Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.[36][37]
A 2007 study led by Paige Padgett from the
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.[40] In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[41]
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 cyberstalking, while among children it is usually referred to as 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.[42]
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
Philippines
In the Fifteenth Congress of the
United States
History, current legislation
Cyberstalking is a
A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.[44] 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.[34] The current US Federal Anti-Cyber-Stalking law is found at 47 U.S.C. § 223.[45]
Still, there remains a lack of federal legislation to specifically address cyberstalking, leaving the majority of legislative at the state level.[34] A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications.[46] 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."[17] The first U.S. cyberstalking law went into effect in 1999 in California.[47] 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]
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.[48]
- 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.
- 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.[49] The conviction was overturned in on appeal in 2009 however.[50]
- In Florida, HB 479 was introduced in 2003 to ban cyberstalking. This was signed into law on October 2003.[51]
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.[52]
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.[53]
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]
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.[19][54] In thousands of other cases, charges either were not brought for the cyber harassment or were unsuccessful in obtaining convictions.[55] 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.[56]
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.[57]
In another case of cyberstalking, college student
Europe
- Poland – Stalking, including cyberstalking, was made a criminal offence under the Polish Criminal Code on 6 June 2011.[60]
- Euskadi. It is also possible to provide information to a non-governmental organization.[63]
- United Kingdom – In the United Kingdom, the Protection from Harassment Act 1997 contains an offence of stalking covering cyber-stalking, which was introduced into the act through the Protection of Freedoms Act 2012.
See also
- Computer crime
- Convention on cybercrime
- Cyberbullying
- Cyberspace
- Cyberterrorism
- DecorMyEyes
- Harassment by computer
- Hate group
- Internet fraud
- Online dating
- Online predator
- Stalking
- The Psycho Ex-Wife
- ToS violation
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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. "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
- "PDF article on Cyberstalking in the United Kingdom" (PDF). Archived from the original (PDF) on March 15, 2007. Retrieved August 7, 2006.
- "Crime Library: Cyberstalking". Archived from the original on February 3, 2019. Retrieved January 4, 2017.
- Cyberstalking – Is it Covered by Current Anti-Stalking Laws? by Craig Lee and Patrick Lynch
External links
- Academic and government studies
- United States Law and the Internet: Georgia State University College of Law Archived 2021-03-08 at the Wayback Machine (2001)
- "Cybertelecom :: Cyberstalking Federal Internet Law & Regulation". Archived from the original on November 21, 2010. Retrieved December 10, 2013.
- Stalking Laws and Implementation Practices: A National Review for Policymakers and Practitioners (Full Report) at the Wayback Machine (archive index), Minnesota Center Against Violence and Abuse (2002)
- "Cyberstalking: A New Challenge for Law Enforcement and Industry. A Report from the Attorney General to the Vice President". Archived from the original on March 1, 2010. Retrieved November 29, 2013. United States Department of Justice (August 1999).
- Cyber stalking: An Analysis of Online Harassment and Intimidation by Cyber Crime Journal
- Blogs, stories
- Surviving the Extinct Marsuplial: [sic] An ongoing blog by several victims of a single stalker documenting his activities
- Cautionary tale of online romance and revenge, FBI(2013)