31 0 obj /K 7 /S /P 135 0 R 527 0 R 136 0 R] >> /K 4 /CS0 [/ICCBased 241 0 R] /MediaBox [0.0 0.0 595.32 841.92] /StructParents 0 >> /P 9 0 R << 200 0 obj 9 0 obj << 424 0 R 81 0 R 425 0 R 82 0 R 426 0 R 82 0 R 427 0 R 82 0 R] /S /P /Pg 13 0 R << /K 16 >> endobj Nothing, existing international cyber stalking laws apply b. << /Contents 323 0 R /Pg 14 0 R /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] /CS0 [/ICCBased 241 0 R] >> >> 548 0 R null 549 0 R null 627 0 R 628 0 R 550 0 R 151 0 R] /P 9 0 R /Pg 14 0 R /P 9 0 R As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. endobj << application/pdf >> null 480 0 R null 481 0 R null 621 0 R 622 0 R 482 0 R 120 0 R 483 0 R /K 18 /MediaBox [0.0 0.0 595.32 841.92] /Pg 30 0 R 179 0 obj 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. >> >> << >> /CS1 [/ICCBased 242 0 R] /Count 5 L. 115334, 12502(a)(1)(B), inserted ,a pet, a service animal, an emotional support animal, or a horse after to a person and substituted (iii), or (iv) for or (iii). States that have passed legislation have done so generally in response to incidents within that state, to address what they believe to be shortcomings in federal laws, or to expand protection to victims above and beyond existing statutes. /P 9 0 R << endobj /P 9 0 R /K 8 /S /P /K 10 /XObject << /Pg 15 0 R 97 0 obj /S /P Cybercrimes are a relatively new area of law, and regulations continue to evolve. /Pg 14 0 R 493 0 R null 494 0 R null 495 0 R null 623 0 R 624 0 R 496 0 R 124 0 R /S /P India's Information Technology Act of 2000 (IT Act) was a set of laws to regulate the cyberspace. >> /Parent 8 0 R /P 9 0 R /TT0 243 0 R 42 404 0 R 43 405 0 R 44 406 0 R 45 407 0 R 46 413 0 R endobj /P 9 0 R endobj << /MediaBox [0.0 0.0 595.32 841.92] /K [490 0 R 491 0 R 492 0 R 493 0 R 494 0 R 495 0 R] /Pg 16 0 R /Pg 32 0 R /Type /Page << /Pg 30 0 R /S /P /S /P /StructParents 11 << 84 625 0 R 85 510 0 R 86 511 0 R 87 512 0 R 88 513 0 R endobj WebAnnotate this Case. >> 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. Behera, A. >> an immediate family member (as defined in section 115) of that person; the pet, service animal, emotional support animal, or horse of that person; 96 0 R 445 0 R 96 0 R 446 0 R 96 0 R 452 0 R 98 0 R 453 0 R 103 0 R] endobj endobj << /Contents [233 0 R 234 0 R 235 0 R 236 0 R 237 0 R 238 0 R 239 0 R 240 0 R] /Pg 20 0 R /S /P Prior to February 2013, there were no laws that directly regulate cyberstalking in India. Webcyber stalking as online harassment, which may include various digitally harassing 6 Heena Keswani, Cyber Stalking: A Critical Study, Bharati Law Review.131, 131-32 (2017). The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. 44 0 obj endobj << (2)(A). /P 9 0 R >> /S /P 164 0 obj /Pg 31 0 R /P 9 0 R /K 2 /K [7 413 0 R 24 414 0 R 26] /Pg 25 0 R 123 0 obj >> /Pg 30 0 R Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious /K 9 endobj /S /P 168 0 obj /P 9 0 R endobj /K 9 >> /S /Footnote /P 9 0 R WebFlorida Statute 784.048 makes stalking (harassment), including cyberstalking, a crime. /S /P >> 33 0 R 364 0 R 41 0 R 365 0 R 41 0 R 366 0 R 42 0 R] >> /P 9 0 R /K [0 367 0 R 15 368 0 R 17] >> /StructParents 14 << /P 9 0 R /Pg 24 0 R /MediaBox [0.0 0.0 595.32 841.92] endobj >> Cyberstalking can result in a lifelong prison sentence if the actions resulted in the victims death. /ColorSpace << /Resources << 199 0 obj /MediaBox [0.0 0.0 595.32 841.92] /MediaBox [0.0 0.0 595.32 841.92] >> /StructParents 5 /P 9 0 R /StructParents 7 /K [8 366 0 R 26] 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. /Pg 19 0 R /TT0 243 0 R 119 0 obj /K [1 496 0 R 19 497 0 R 21 498 0 R 23] [20], While some laws are written such that the focus on cyberbullying is the set of acts that occur within a school, others are more general, targeting cyberbullying no matter where it occurs. /Annots [246 0 R 247 0 R] [29] In addition, Section 1708.7 of the California Civil Code outlines grounds for an individual suing their cyberstalker and any accomplices for general damages, special damages, and punitive damages for cyberstalking. /Annots [340 0 R 341 0 R] /Resources << 19 0 obj 144 0 obj /P 9 0 R These statutes endobj << /Font << /P 9 0 R endobj endobj 155 0 obj /P 9 0 R /K 2 Hassalo Street, Portland, OR 97213-3644, United States. endobj << << /Subject () 140 0 obj 214 0 obj /S /P /S /P endobj /Pg 31 0 R 208 0 obj 204 0 obj 195 0 obj /P 9 0 R /S /P /Type /Page 62 0 obj >> Stalking a person online may also involve stalking the person in real life. << endobj >> endobj /K [2 418 0 R 19] 1 [44 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R null This case is now considered a landmark in the realm of First Amendment issues on the Internet.[17]. /Parent 8 0 R In early March 2011, U.S. endobj /TT2 244 0 R 58 0 obj /Pg 19 0 R /K 9 << << /K [533 0 R 534 0 R 535 0 R 536 0 R 537 0 R 538 0 R 539 0 R 540 0 R] /P 9 0 R However, it merely focused on financial crimes and neglected interpersonal criminal behaviours such as cyberstalking (Behera, 2010; Halder & Jaishankar, 2008; Nappinai, 2010). endobj /TT1 245 0 R /P 9 0 R WebCyberstalking is the use of the Internet, email, text messaging, or other electronic communications to follow someone in a threatening manner, and generally refers to using << /S /P << 142 0 obj << endobj /S /P /K [369 0 R 370 0 R] 55 0 obj 169 0 obj /Pg 26 0 R << endobj /S /P /K 3 >> /S /P /P 9 0 R /S /Footnote 180 0 obj /P 9 0 R endobj endobj Under the Dormant Commerce Clause, a state or local law is unconstitutional when it imposes a burden on interstate commerce that is clearly excessive in relation to the putative local benefits. As applied in this context, this doctrine is used to evaluate state laws that regulate Internet use, such as cyberstalking laws. /CropBox [0.0 0.0 595.32 841.92] << /Pg 17 0 R >> /InlineShape /Figure endobj A .gov website belongs to an official government organization in the United States. << /P 9 0 R Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . /CS0 [/ICCBased 241 0 R] de la Paix, 1211 Geneva 10, Switzerland, Welcome to the United Nations Conference on Trade and Development. /S /P 77 0 obj Monsey, NY: Criminal Justice Press. 6 0 obj 52 425 0 R 53 426 0 R 54 427 0 R 55 428 0 R 56 429 0 R >> endobj endobj /CropBox [0.0 0.0 595.32 841.92] endobj /K 14 /K 5 >> >> 84 0 obj 52 0 obj WebThis chapter advises that all governments should enact new laws that specifically target electronic stalking activities. However, state laws vary in how they handle cyberstalking.Technology can quickly be put to use by stalkers; for << << /TT0 243 0 R [43][44] Another issue is that would make violation of the law a felony, rather than a misdemeanor as has been done in most states. /K [1 382 0 R 28 383 0 R 30] /P 9 0 R endobj /S /P /S /Footnote What are the Penalties for Cyberstalking? /S /P >> /Pg 32 0 R /Pg 27 0 R /CS1 [/ICCBased 242 0 R] 61 0 obj http://www.haltabuse.org/resources/laws/federal.shtml. Australia does not have specific cyberbullying legislation, although the scope of existing laws can be extended to deal with cyberbullying. /Pg 13 0 R /Contents 248 0 R With computer stalking, the cyberstalker exploits the Internet and the Windows operating system in order to assume control over the computer of the targeted victim. << /Rotate 0 /Font << /K [7 388 0 R 40] endobj >> Prior to amendment, section related to stalking. WebInstead of laws specifically covering cyberstalking and cyberharassment, most countries use stalking and/or harassment laws to prosecute the perpetrators of these cybercrimes. << /Pg 20 0 R /K 5 /P 9 0 R 158 0 obj endobj /Pg 15 0 R endobj 18 0 obj /P 9 0 R /P 9 0 R /K [548 0 R 549 0 R] endobj Explanation : Cyberstalking involves using electronic means, including the Internet, to stalk or harass a person or group of people. /K 16 /K 578 0 R 13 [132 0 R 133 0 R 135 0 R 136 0 R 137 0 R 138 0 R 139 0 R 140 0 R null 518 0 R endobj Students at her school had bullied her for months in school, and that harassment eventually moved online as well. << >> /Pg 25 0 R null 380 0 R null 381 0 R null 582 0 R 583 0 R 382 0 R 55 0 R 383 0 R /S /P /S /Footnote endobj Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. endobj 93 0 obj << /K [571 0 R 572 0 R 573 0 R] endobj L. 115334, title XII, 12502(a)(1). 2018Par. /K 18 194 0 obj /MediaBox [0.0 0.0 595.32 841.92] >> 212 0 obj /Comments () /MediaBox [0.0 0.0 595.32 841.92] >> << /TT1 245 0 R >> /Pg 26 0 R /K 3 /TT1 245 0 R /S /P >> WebCyberstalking's definition is quite simply, the use of the internet, or other electronic means, to harass and intimidate a selected victim. << null 519 0 R null 520 0 R null 521 0 R null 522 0 R null 523 0 R Washington, DC: U.S. Department of Justice. /F4 226 0 R endobj /Font << >> /P 9 0 R One person (or group), the provocateur, is exerting a view or opinion that the other person (or group), the target, finds offensive, hurtful, or damaging in some way. /P 9 0 R >> 402 0 R 64 0 R 403 0 R 65 0 R 404 0 R 65 0 R 405 0 R 65 0 R 406 0 R 65 0 R] << /S /Footnote >> << >> /Pg 32 0 R /S /P << What Federal Laws Exist To Protect Stalking Victims? 42 U.S.C. Section 3796 and 42 U.S.C. Section 14031 authorize grants for law enforcement agencies to develop programs to reduce stalking and for states to develop local, state, and national databases regarding stalking. 42 U.S.C. Section 14036 requires judges to ensure they review the stalker's criminal history prior to issuance of a civil court orders in stalking cases. /Type /Page /P 9 0 R 20 [204 0 R 205 0 R 206 0 R 581 0 R 206 0 R 207 0 R 208 0 R 209 0 R 210 0 R 211 0 R /CS0 [/ICCBased 241 0 R] /Keywords () /P 9 0 R >> << /S /Footnote /Rotate 0 /S /P LockA locked padlock /SourceModified (D:20110216092838) /Parent 6 0 R endobj /Rotate 0 /P 9 0 R /Author (Svdraa) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United, places that person in reasonable fear of the death of, or, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a, Pub. /StructTreeRoot 4 0 R /K 3 /K 3 >> endobj State laws can deal with some forms of cyberbullying, such as documents containing threats,[4] and threats to destroy and damage property. << 123 0 R 124 0 R 125 0 R 126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R << /P 9 0 R /Annots [343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R] 2011-02-16T10:29:38+01:00 /ColorSpace << /CropBox [0.0 0.0 595.32 841.92] Cyber stalking: An analysis of online harassment and intimidation. /MediaBox [0.0 0.0 595.32 841.92] /Length 1250 189 0 obj /MediaBox [0.0 0.0 595.32 841.92] << >> 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R endobj /Type /Pages /Resources << /StructParents 1 In the United Kingdom, cyberharassment can be prosecuted under the Protection from Harassment Act of 1997 or the Malicious Communications Act of 1988. /P 9 0 R /CS1 [/ICCBased 242 0 R] /Font << /K [1 516 0 R 22 517 0 R 24] >> 182 0 obj /MediaBox [0.0 0.0 595.32 841.92] /S /P 139 0 obj /P 9 0 R 1. /CropBox [0.0 0.0 595.32 841.92] << /K 17 << /P 9 0 R endobj /Xf1 227 0 R << /K 5 /K 8 >> /CS0 [/ICCBased 241 0 R] endobj >> /Kids [23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R] /K 4 41 0 obj 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null /K 6 << /StructParents 13 191 0 obj >> /S /P /Pg 25 0 R 70 0 obj endobj 138 0 obj >> endobj /K 4 endobj In this situation, legislators in Missouri, at the urging of the public and Meier's parents, passed "Megan's Law",[18][19] primarily aimed at the crime of a person over 21 years of age bullying a person under 18 years of age. /K [20 579 0 R] /ColorSpace << /Pg 16 0 R >> << >> /F1 223 0 R /P 9 0 R 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. /P 9 0 R /Resources << /P 9 0 R /Chart /Figure 107 0 obj >> /S /P Bishop. /Pg 24 0 R /Parent 3 0 R 30 0 obj /ColorSpace << >> << /K [9 482 0 R 28 483 0 R 30 484 0 R 32] /MediaBox [0.0 0.0 595.32 841.92] >> endobj /Parent 6 0 R /P 9 0 R >> An Empirical Study. << /K 4 It stipulates various ranges of imprisonment for anyone who uses /Diagram /Figure /Subscript /Span /P 9 0 R << /Count 6 /TT2 244 0 R /Pg 32 0 R /Pg 13 0 R /MarkInfo << endobj /Parent 7 0 R /P 9 0 R /Pg 22 0 R /S /Table /S /P /K 2 /Type /StructTreeRoot /K [11 487 0 R 488 0 R 489 0 R] >> L. 1134, set out as a note under section 2261 of this title. )[25] Its first use resulted in a six-year sentence for a man who harassed a woman who could identify him. /P 9 0 R /Company (Tilburg University) /S /Footnote >> endobj /K 5 Chat-line users may capture, store, and transmit communications to others outside the chat service. >> /TT0 243 0 R 165 0 obj /MediaBox [0.0 0.0 595.32 841.92] >> 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 (1)(A)(iv). /K [2 564 0 R 30 565 0 R 32] /Metadata 2 0 R << /CS0 [/ICCBased 241 0 R] Petrocelli, J.: Cyber stalking. (2010). endobj << /S /P << >> Also, law enforcement officers must be trained to deal with [48] In addition, as with the Snchez bill, there are questions as to the free speech implications.[49]. Iw6'*Tk5?;IOh"q5e>KFqhe5JN:{:24t5Y5F2\(yQ tkn >> >> << /K [0 464 0 R 30] >> /TT0 243 0 R /Rotate 0 /K 2 /Pg 21 0 R /Resources << The bill would also enable the U.S. Department of Education to provide training to institutes of higher education to prevent or address harassment. /S /P /S /P /CropBox [0.0 0.0 595.32 841.92] Pub. endobj >> /K 5 << ", "Free Speech and "Cyber-bullying" | American Civil Liberties Union", "First Amendment and cyber bullying - Global Voices Advocacy", "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law", "Bill targets adults who cyberbully | News", "N.J. /CS0 [/ICCBased 241 0 R] /S /P /Pg 30 0 R 171 0 obj 6 [84 0 R 85 0 R 86 0 R 87 0 R 88 0 R 90 0 R 91 0 R 92 0 R 93 0 R 584 0 R /ModDate (D:20110216102938+01'00') /MediaBox [0.0 0.0 595.32 841.92] [5], Commonwealth offences that criminalise the misuse of telecommunication services are also relevant when technology is used to communicate harassment[6] or threats. 124 0 obj /Pg 31 0 R << /K [1 562 0 R 26 563 0 R 28] /K [447 0 R 448 0 R 449 0 R 450 0 R 451 0 R] /Pg 19 0 R >> /P 9 0 R /S /P /P 9 0 R /K 1 >> << endobj Prior to amendment, text read as follows: Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury (as defined in section 1365(g)(3) of this title) to, that person or a member of that persons immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.. << /S /P /K 7 2 ) ( a ) 0 R /Chart /Figure 107 0 obj > > /s 77. 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