Cyberstalking

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Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, a group, or an organization.[1] It may include false accusations, defamation, slander and libel. It 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 realtime or offline stalking.[2] Both are criminal offenses.[3] Both are motivated by a desire to control, intimidate or influence a victim.[4] A stalker may be an online stranger or a person whom the target knows. He may be anonymous and solicit involvement of other people online who do not even know the target.

Cyberstalking is a criminal offense under state anti-stalking, slander, and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.

Definitions

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 writes that:[5]

[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).

CyberAngels has written about how to identify cyberstalking:[6]

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: 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:

  • 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.[7]
  • 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.[8]
  • Monitoring their target's online activities and attempting to trace their IP address in an effort to gather more information about their victims.[9]
  • 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/her. Bocij writes that this phenomenon has been noted in a number of well-known cases.
  • 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.[10]

Cyberstalking is a form of cyberbullying.

Motives

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 he/she "knows" 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.[11][12]

Types

Of women

Harassment and stalking of women online is common, and can include rape threats, and other threats of violence, as well as the posting of women's personal information. 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.[13]

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.[14]

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.[15] 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 guys chewed her out and warned her Facebook friends to never accept friend requests from people they do not actually know. Arquette stressed the importance of differentiating that just because people were on her page or seemed to be friends or fans did not really mean they were safe. "I'm going to say it again because it is important", the actress wrote about persons on her page, "it doesn't mean they are safe". The media issued a statement that Arquette planned to communicate with fans exclusively through her Twitter account in the future.[16]

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. Victims are often women and minorities.[citation needed] They frequently respond by adopting pseudonyms or going offline entirely.[17] 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."[17]

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 other's beliefs, they fail to see themselves as individuals, so they lose a sense of personal responsibility for their destructive acts, they dehumanize their victims, which makes them more willing to behave destructively, and they become 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.[17]

Corporate cyberstalking

Corporate cyberstalking is when a company harasses an individual online, or an individual or group of individuals harasses an organization.[18] Motives for corporate cyberstalking are ideological, or include a desire for financial gain or revenge.[18]

Perpetrators

Profile

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.[19] 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.[20]

Behaviors

Cyberstalkers find their victims by using search engines, online forums, bulletin and discussion boards, chat rooms, and more recently, through social networking sites,[21] 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.[22] 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.[23]

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.[22] 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.[22]

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.[22] Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.[24][25]

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.[26][27]

Cyberstalking legislation

United States

The current US Federal Anti-Cyber-Stalking law is found at 47 U.S.C. § 223.[28]

The first U.S. cyberstalking law went into effect in 1999 in California. Other states include prohibition against cyberstalking in their harassment or stalking legislation. In Florida, HB 479 was introduced in 2003 to ban cyberstalking. This was signed into law on October 2003.[29]

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.[30]

Some states in the U.S. have begun to address the issue of cyberstalking:

Samantha Kelly; rape; suicide; cyberstalked; Michigan.[32]

Amanda Todd; suicide; cyberstalked; Canada.[33]

Alexis Pilkington; suicide; cyberstalked; Long Island, NY.[34]

In thousands of other cases, unlike the Missouri case of Megan Meier, charges either weren't brought for the cyber harassment or were unsuccessful in obtaining convictions. In the case of Samantha Kelly for instance, after her suicide, they dropped all charges against the man who allegedly raped her, saying that their only witness was dead. Still, because Samantha Kelly was underage, fourteen years old, which was quite provable, the man, who admitted having sex with her could have been charged with statutory rape.[35][36] In another case of milder cyberstalking - of a man - the outcome was very different: Tyler Clementi's fellow student Dharun Ravi had used a webcam to record him kissing another man. Ravi was convicted in of bias intimidation and invasion of privacy and 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 Tyler Clementi." [37][not in citation given] 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. In Samantha Kelly's case, she came from a working class family, lived in a mobile home with her other three siblings and didn't seem to have a lawyer, at least none publicly spoke in her behalf, only her mother and her friends spoke up for her.[38]

  • A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications.
  • 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

Cyberstalking has also 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. Still, there remains a lack of legislation at the federal level to specifically address cyberstalking, leaving the majority of legislative prohibitions against cyberstalking at the state level.[22]

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.[39]

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.

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."

United Kingdom

In the United Kingdom, the Malicious Communications Act (1998) classified cyberstalking as a criminal offense.[40][not in citation given]

Spain

In Spain, it is possible to provide information about cyber-crime in an anonymous way to four safety bodies:

It is also possible to provide information to an Non-governmental organization.[41][42][not in citation given]

Poland

Stalking, including cyberstalking, was made a criminal offence under the Polish Criminal Code on 6 June 2011.[43]

See also

References

  1. ^ "Cyberstalking". Oxford University Press. Retrieved 2013-12-10. 
  2. ^ Spitzberg, Brian H.; Hoobler, Gregory (February 2002). "Cyberstalking and the technologies of interpersonal terrorism". New Media & Society. 1 4: 71–92. doi:10.1177/14614440222226271. Retrieved 14 June 2011. 
  3. ^ "California Cyberstalking Laws". Shouselaw.com. Retrieved 2013-11-29. "California stalking laws prohibit harassing or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family.[1] When those threats or harassment are communicated via the Internet, e-mail, text messages, the phone (either cellular or a landline), a fax machine, a video message, or any other electronic device the crime is commonly referred to as "cyberstalking". ... "Cyberstalking" was officially prohibited in 1998 when the California Legislature amended Penal Code 646.9 stalking. The amendment changed the definition of "credible threat (one of the elements of the crime of stalking in California)...to include "electronically communicated" threats. ..." 
  4. ^ Cyberstalking Crime research
  5. ^ Lambèr Royakkers (October 2000). "The Dutch Approach to Stalking Laws" (PDF). California Criminal Law Review 3. Retrieved 10 December 2013 – via Sociosite.org (CyberStalking: Menaced on the Internet). 
  6. ^ Paul Bocij (2004). Cyberstalking: Harassment in the Internet Age and How to Protect Your Family. Praeger. pp. 9–10. 
  7. ^ Skip Press. "Fighting Cyberstalking". ComputerEdge Online. Archived from the original on June 2, 2013. Retrieved 2013-11-29. 
  8. ^ "Violence & Domestic Abuse - Stalking". The Women's Center. Retrieved 2013-12-10. 
  9. ^ Leroy McFarlane; Paul Bocij (2003-09-01). An exploration of predatory behavior in cyberspace: Towards a typology of cyberstalkers 8 (9). First Monday. doi:10.5210/Ffm.v8i9.1076. Retrieved 2013-11-29. 
  10. ^ Paul Bocij (2004). Cyberstalking: Harassment in the Internet Age and How to Protect Your Family. Praeger. pp. 12–13. 
  11. ^ Wayne Petherick. "Cyber-Stalking: Obsessional Pursuit and the Digital Criminal". Retrieved 10 December 2013. 
  12. ^ Quit Stalking Me (28 July 2011). "Ten Reasons Why Someone is Stalking You Online". Quitstalkingme.com. Retrieved 10 December 2013. 
  13. ^ Citron, Danielle Keats (October 2009). "Law's Expressive Value in Combating Cyber Gender Harassment". Michigan Law Review (Social Sciences Research Network) 108: 373. Retrieved 10 December 2013. 
  14. ^ Southworth, Cynthia; Finn, Jerry; Dawson, Shawndell; Fraser, Cynthia; Tucker, Sarah (2007). "Intimate Partner Violence, Technology, and Stalking". Victimsofcrime.org. 8 (Violence Against Women) 13 (8): 842–856. doi:10.1177/1077801207302045. PMID 17699114. Archived from the original on 2012-07-31. Retrieved 14 June 2011. (registration required (help)). 
  15. ^ "How to Put Stalkers in Jail". Baddteddy.com. Retrieved 10 December 2013. 
  16. ^ Justin Harp (7 October 2012). "Patricia Arquette quits Facebook after alleged cyberstalking". Digital Spy. Retrieved 10 December 2013. 
  17. ^ a b c Citron, Danielle Keats (February 2009). "Cyber Civil Rights". Boston University Law Review. 61 89: 61–125. Retrieved 10 December 2013. 
  18. ^ a b Paul Bocij (4 November 2002). "Corporate Cyberstalking". First Monday 7 (11). doi:10.5210/fm.v7i11.1002. ISSN 1396-0466. Retrieved 10 December 2013. 
  19. ^ Leroy McFarlane, Paul Bocij (1 September 2003). "An exploration of predatory behaviour in cyberspace: Towards a typology of cyberstalkers". First Monday 8 (9). doi:10.5210/fm.v8i9.1076. ISSN 1396-0466. Retrieved 10 December 2013. "A typology of cyberstalkers was developed." 
  20. ^ "Una nueva cara de Internet, El acoso, Antonio Chacón Medina, UGR" (PDF) (in Spanish). 2003. Archived from the original on November 22, 2007. 
  21. ^ Pikul, Corrie (19 August 2010). "Confessions of a Facebook Stalker". Elle.com. Retrieved 2011-03-12. 
  22. ^ a b c d e "Cyberstalking". The National Center For Victims of Crime. 2003. Archived from the original on 17 June 2004. 
  23. ^ Howes, Oliver D. (September 2006). "Compulsions in Depression: Stalking by Text Message". The American Journal of Psychiatry (London, UK) 163 (9): 1642. doi:10.1176/appi.ajp.163.9.1642. Archived from the original on 2011-06-12. 
  24. ^ "Types of Stalkers and Stalking Patterns". Sexualharrassmentsupport.com. Retrieved 2013-12-10. 
  25. ^ "Cyber-Stalking: Obsessional Pursuit and the Digital Criminal". CrimeLibrary.com. 
  26. ^ Bonnie Zylbergold. "Look Who's Googling: New acquaintances and secret admirers may already know all about you". National Sexuality Resource Center (American Sexuality Magazine). Archived from the original on June 18, 2007. 
  27. ^ Paige M. Padgett (June 2007). "Personal Safety and Sexual Safety for Women Using Online Personal Ads". Sexuality Research and Social Policy: National Sexuality Resource Center 4 (2): 27–37.  (Abstract only; full text requires subscription)
  28. ^ "Cybertelecom :: 47 USC 233". Cybertelecom. Retrieved 2013-12-10. 
  29. ^ "Florida Statute 784.048". Florida Computer Crime Center. 
  30. ^ "Current and pending cyberstalking-related United States federal and state laws". Working to Halt Online Abuse. Retrieved 2013-12-10. 
  31. ^ Perry, Elizabeth (2 July 2008). "Blunt signs cyberbullying bill". St. Louis Post-Dispatch (Stltoday.com). Retrieved 2011-06-18. 
  32. ^ Carlin Miller (11 November 2010). "Samantha Kelly Bullied to Death: Mich. 14-Year-Old's Suicide Followed Harassment After Rape Claim - Crimesider". CBS News. Retrieved 2013-08-15. 
  33. ^ Hoffberger, Chase (13 November 2012). ""The Daily Capper" exposes alleged culprit in Amanda Todd suicide". The Daily Dot. Retrieved 2013-08-15. 
  34. ^ "Alexis Pilkington Facebook Horror: Cyber Bullies Harass Teen Even After Suicide". Huffingtonpost.com. 25 May 2011. Retrieved 2013-08-15. 
  35. ^ Mary M. Chapman (13 November 2010). "Samantha Kelly Suicide: Rape Charges Dropped, Mother Speaks Up". The Daily Beast. Retrieved 2013-08-15. 
  36. ^ Julia Dahl (12 April 2013). "Audrie Pott, Rehtaeh Parsons suicides show sexual cyber-bulling is "pervasive" and "getting worse," expert says - Crimesider". CBS News. Retrieved 2013-12-10. 
  37. ^ Frank Bruni (23 May 2012). "More Thoughts on the Ravi/Clementi Case". New York Times. [not in citation given]
  38. ^ Neil Katz (12 November 2010). "Samantha Kelly, 14, Cyberbullied Even After Suicide - HealthPop". CBS News. Retrieved 2013-08-15. 
  39. ^ "Cyberstalking: A New Challenge for Law Enforcement and Industry". Justice.gov. The United States Department of Justice. August 1999. Archived from the original on 1 March 2010. Retrieved 2013-11-29. 
  40. ^ Neil Addison. "Stalking/UK". Neiladdison.pwp.blueyonder.co.uk. Archived from the original on 3 April 2013. [not in citation given]
  41. ^ "Protegeles" (in Spanish). Protegeles. 26 August 1997. Retrieved 2013-11-29. 
  42. ^ "Alia2 Foundation". Alia2.org. Retrieved 2013-11-29. [not in citation given]
  43. ^ Piotr Wołkowicki (14 June 2011). "'Stalking' w polskim prawie karnym" ['Stalking' in Polish criminal law]. Blogi prawne i podatkowe (in Polish). Retrieved 22 November 2013. 

Further reading

External links