endobj 111 0 obj << /P 9 0 R /P 9 0 R endobj >> /Annots [229 0 R 230 0 R 231 0 R 232 0 R] 31 0 obj endobj << /S /P endobj >> The federal penalties for cyberstalking are up to five years in prison without the possibility of parole at a minimum. /CS1 [/ICCBased 242 0 R] 122 0 obj endobj endobj Browse; Reporter N.C. App. << >> >> While some sites specialize in laws that protect victims age 18 and under, Working to Halt Online Abuse is a help resource listing current and pending cyberstalking-related United States federal and state laws. >> /StructParents 8 /Metadata 2 0 R /Pg 16 0 R /TT1 245 0 R /Resources << A lock ( /Rotate 0 /P 9 0 R /P 9 0 R /TT3 245 0 R /ColorSpace << purposes: (c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. /K 2 /CS0 [/ICCBased 241 0 R] /S /P /Font << << /P 9 0 R There are several forms of cyberstalking, including: Harassing the victim Embarrassing and humiliating the victim Exerting financial control by emptying the victims bank accounts, or by ruining his credit /K [2 541 0 R 30 542 0 R 32 543 0 R 34] /TT0 243 0 R 203 0 obj /MediaBox [0 0 595 842] /Pg 32 0 R >> << 17 0 obj /Annots [357 0 R] /K [7 566 0 R 567 0 R 568 0 R 569 0 R 570 0 R] >> >> /Nums [0 [33 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] 20 0 obj On this Wikipedia the language links are at the top of the page across from the article title. /S /P /Pg 27 0 R endobj An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. >> /Pg 21 0 R /S /P endobj Opponents point out that harassment on college campuses is already prohibited under existing laws; furthermore, they point out that harassment based on sexual orientation is also covered under existing statutes. /K [556 0 R 557 0 R 558 0 R 559 0 R 560 0 R 561 0 R] /CS0 [/ICCBased 241 0 R] /P 9 0 R << >> endobj /Endnote /Note /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] 179 0 obj /Type /Pages 66 0 obj /K [7 364 0 R 22 365 0 R 24] Pub. 100 0 obj 214 0 obj Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . >> Nothing, existing international cyber stalking laws apply b. endobj endobj /K 3 >> >> 22 0 obj /S /P /ParentTreeNextKey 116 1. /S /P 166 0 obj /Pg 30 0 R >> >> /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R >> 18 0 obj /Pg 21 0 R << /S /P null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R << 4203] increases penalties related to the stalking of minors. /Font << /Type /Page New Media & Society, 4(1), 71-92. << 150 0 obj /K [2 418 0 R 19] << /P 9 0 R << /Pg 20 0 R /Pg 30 0 R endobj >> >> >> /P 9 0 R endobj >> [42] One of the oft-cited arguments against the bill comes from talk radio, with the concern expressed being that the law would be used to silence political opponents who use the airwaves to espouse divergent viewpoints. /P 9 0 R Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a persons relative right to privacy, and manifests in repeated actions over time [2]. << /Pg 30 0 R International (cyber)stalking: impediments to investigation and prosecution /K [571 0 R 572 0 R 573 0 R] << /K 15 /Pg 30 0 R 2 /P 9 0 R /TT1 245 0 R 124 0 obj /S /P 63 0 obj [30], Under Florida Statute 784.048, "cyberstalking," defined as to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose, is classified as a first degree misdemeanor. /S /Footnote /Pg 27 0 R 7 [600 0 R 601 0 R 602 0 R 603 0 R 604 0 R 605 0 R 606 0 R 607 0 R 608 0 R 609 0 R /Pg 19 0 R /P 9 0 R >> /ColorSpace << >> endobj >> /K 6 /K [7 413 0 R 24 414 0 R 26] 220 0 obj The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. /P 9 0 R endobj /K 5 /K 12 >> /TT0 243 0 R /Pg 16 0 R /K 3 /ColorSpace << 97 0 obj >> /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] 133 0 obj /Pg 18 0 R /S /P endobj /K [9 416 0 R 30 417 0 R] /S /P /CropBox [0.0 0.0 595.32 841.92] >> /K 6 Behera, A. << /K [2 581 0 R 4] The motivation behind the bill in 1990 where 50 U.S. states and the federal government passed a bill to "criminalize" stalking was due to the cases of stalking against celebrities (Spitzberg & Hoobler, 2002). 16, pp. /S /Footnote >> /K [1 382 0 R 28 383 0 R 30] /P 9 0 R /P 9 0 R /CS1 [/ICCBased 242 0 R] >> 135 0 R 527 0 R 136 0 R] /ModDate (D:20110216102938+01'00') >> /S /P /K 3 endobj /Pg 22 0 R /P 9 0 R /P 9 0 R Webenacted their anti-stalking laws in 1997 in the form of the Protection from Harassment Act (PHA) 1997 and the New Zealand Harassment Act 1997 respectively. endobj 67 0 obj /Resources << /P 9 0 R 131 0 obj >> << endobj /P 9 0 R endobj /K [2 574 0 R 15 575 0 R 576 0 R 577 0 R] >> First Amendment concerns often arise when questionable speech is uttered or posted online. /S /P 204 0 obj 2011-02-16T10:29:38+01:00 endobj /TT0 243 0 R /K 16 /Pg 17 0 R [50] Stalking has been defined as a man or woman who follows or contacts a man or woman, despite clear indication of disinterest to such contact by the man or woman, or monitoring of use of internet or electronic communication of a man or a woman. 155 0 obj >> 625 0 R 626 0 R 510 0 R 131 0 R 511 0 R 131 0 R 512 0 R 131 0 R 513 0 R 131 0 R /TT0 243 0 R 25 366 0 R 26 367 0 R 27 368 0 R 28 582 0 R 29 382 0 R WebCyberstalking Laws. /S /P /MediaBox [0.0 0.0 595.32 841.92] /S /P endobj /Pg 32 0 R 80 0 obj 8 0 obj /StructParents 2 /S /P /Pg 19 0 R >> << [35], Washington passed one of the first cyberstalking laws in 2004, which states that a person that uses electronic communications with the "intent to harass, intimidate, torment, or embarrass any other person" if they use lewd or obscene language, use language implying physical threats, or repeatedly harass a person; such is treated as a gross misdemeanor. 221 0 obj /K 15 ) or https:// means youve safely connected to the .gov website. /Pg 28 0 R /MediaBox [0.0 0.0 595.32 841.92] >> /Pg 30 0 R /K 1 Cybercrime is a growing concern to countries at all levels of developments and affects both, buyers and sellers. /P 9 0 R << << /ColorSpace << endobj << >> Download PDF. 2 0 obj /Annots [324 0 R 325 0 R 326 0 R 327 0 R 328 0 R 329 0 R] /S /P /P 9 0 R endobj << /Contents 274 0 R Prior to February 2013, there were no laws that directly regulate cyberstalking in India. /Annots [292 0 R 293 0 R 294 0 R 295 0 R 296 0 R 297 0 R 298 0 R 299 0 R 300 0 R 301 0 R] endobj >> /StructParents 12 /Pg 30 0 R Cyberstalking is the act of persistent and unwanted contact from someone online. /K 3 /P 9 0 R WebAs a first degree misdemeanor, cyberstalking in Florida is punishable by up to 12 months in county jail and up to a $1000 fine. /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] 62 0 obj endobj Online stalkers have been known to post insulting messages on electronic bulletin boards signed with the e-mail address of the person being harassed. 197 0 obj /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] >> /Link /Span endobj This chapter examines various forms of "cyberstalking;" legal responses by governments in the United States, Canada, the United Kingdom, and Australia; the challenges law enforcement officers face when investigating the problem; and the control and prevention of cyberstalking. >> /Contents 309 0 R "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. /S /P 171 0 obj /K [548 0 R 549 0 R] /Pg 31 0 R >> /Pg 13 0 R 180 0 obj 52 0 obj /Pg 24 0 R endobj /Pg 28 0 R /ColorSpace << endobj /P 9 0 R endobj 99 532 0 R 100 541 0 R 101 542 0 R 102 543 0 R 103 544 0 R >> /Pg 13 0 R /K 5 /Font << California passed the first cyberstalking law in 1999. 129 0 obj << /Pg 18 0 R >> /S /P << 61 0 R] << /TT0 243 0 R /K [6 515 0 R] /Pg 25 0 R /K 2 /A 434 0 R stream The evolving cybercrime landscape and resulting skills gaps are a significant challenge for law enforcement agencies and prosecutors, especially for cross-border enforcement. null 360 0 R null 361 0 R null 362 0 R null 363 0 R null 359 0 R endobj [26] After sending hundreds of threatening e-mails to an actress, another male convicted after spending months in jail waiting for trial was sentenced in 2001 to five years probation, forbidden access to computers and forced to attend mental health counseling. /P 9 0 R /S /P Cyber stalking: An analysis of online harassment and intimidation. /P 9 0 R /K 4 /Rotate 0 endobj /Marked true /P 9 0 R << endobj >> /P 9 0 R /RoleMap 11 0 R >> >> /S /Footnote << /ColorSpace << 175 0 obj >> >> [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. endobj /Pg 31 0 R << >> >> /K 24 /Pg 30 0 R /S /P Cyberbullying and cyberstalking, by their nature, define adversarial relationships. /P 9 0 R << 6-1-09; 96-328, eff. /S /P The courts have variously come down on either side of that debate, even within the same state. /Pg 14 0 R >> /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] << endobj >> << 25 0 obj /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R 173 0 R 174 0 R 175 0 R 176 0 R 177 0 R 178 0 R 179 0 R 180 0 R 181 0 R 182 0 R >> /Font << /P 9 0 R >> >> /K [1 529 0 R 22 530 0 R 24 531 0 R 26 532 0 R 28] /P 9 0 R endobj << << Opponents of the bill argue that since the target of such legislation is nominally teenagers, this would put an undue burden on the prison systemsince there are no long-term facilities for teenage offenders at the federal level. >> /Parent 8 0 R /CropBox [0.0 0.0 595.32 841.92] 77 0 obj null 536 0 R null 537 0 R null 538 0 R null 539 0 R null 540 0 R /Type /Catalog /Parent 8 0 R 47 0 obj >> >> << After progressing through the courts, the charges against Baker were dismissed primarily on grounds that there was no evidence that Baker would actually act out the fantasies contained in those stories. >> /Pg 27 0 R /P 9 0 R >> >> << 76 0 obj /P 9 0 R << WebFlorida Statute 784.048 makes stalking (harassment), including cyberstalking, a crime. It often appears as a form of revenge after a fight or breakup. 125 0 obj /P 9 0 R /Subtype /XML /K 1 128 0 obj endobj /Pg 29 0 R endobj 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. /S /P /P 9 0 R /P 9 0 R endobj /Parent 6 0 R Finally, the Convention on Cybercrime will be analysed to see /P 9 0 R /S /P /Rotate 0 >> >> The DRB was open about the absence of precedent for the specific federal crime of cyberstalking and searched nationally for a comparable case, said Roger Plawker of Pashman Stein Walder Hayden. 90 0 obj Adobe PDF Library 9.0 /P 9 0 R 58 0 obj 211 0 obj << endobj /K [1 516 0 R 22 517 0 R 24] /Parent 8 0 R >> 81 0 obj endobj Senator Frank Lautenberg (D-NJ) and Representative Rush D. Holt, Jr. (D-NJ-12) introduced the "Tyler Clementi Higher Education Anti-Harassment Act", which would mandate that colleges and universities that receive federal funding have policies in place to address harassmentincluding cyberbullying. << endobj /P 9 0 R >> L. 104201, div. /P 9 0 R >> /S /P /P 4 0 R /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] >> /K [7 528 0 R] /Type /StructTreeRoot << endobj /K 4 /K [0 407 0 R 22] << >> >> >> null 529 0 R 141 0 R 530 0 R 141 0 R 531 0 R 141 0 R 532 0 R 141 0 R 541 0 R Students at her school had bullied her for months in school, and that harassment eventually moved online as well. >> endobj /TT1 245 0 R /P 9 0 R >> 87 0 obj /Xf1 227 0 R 24 0 obj a. /Pg 19 0 R /P 9 0 R << /Contents 268 0 R << /S /Footnote >> endobj endobj << /S /Footnote Article 5 of the Universal Declaration of Human Rights. /Rotate 0 /K 20 >> /P 9 0 R /K 5 >> /S /P >> /Pg 15 0 R /TT2 244 0 R endobj << 33 0 obj << 59 0 obj >> /CS0 [/ICCBased 241 0 R] /K [2 403 0 R 33 404 0 R 35 405 0 R 37 406 0 R 39] /P 9 0 R /K [2 524 0 R 26 525 0 R 28 526 0 R 30] /Parent 8 0 R | Cato @ Liberty", "Hate, Cyber-Bullying Bills Could Threaten Talk Radio |", "Bill Summary & Status - 111th Congress (2009 - 2010) - H.R.1966 - THOMAS (Library of Congress)", "Federal bill will help combat harassment and cyberbullying on college campuses", http://thomas.loc.gov/cgi-bin/bdquery/D?d112:2:./temp/~bd1uH9:@@@L&summ2=m&%7C/home/LegislativeData.php%7C, "Problematic 'Tyler Clementi Higher Education Anti-Harassment Act' Returns to Congress", "The Tyler Clementi Act and Threats to Free Speech", Missouri Revised Statutes, Chapter 565, Offenses Against the Person, Section 565.090; August 28, 2010, State Cyberstalking, Cyberharassment and Cyberbullying Laws, National Conference of State Legislatures, United States, State Cyberbullying Laws (United States), A brief review of state cyberbullying laws and policies, Megan Meier Foundation, https://en.wikipedia.org/w/index.php?title=Cyberstalking_legislation&oldid=1124406909, Articles with dead external links from August 2021, Articles with permanently dead external links, Articles with limited geographic scope from June 2015, Articles containing potentially dated statements from 2012, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License 3.0. 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