international cyberstalking laws

132 0 obj 31 0 obj /Font << Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? endobj endobj >> /TT1 245 0 R /Pg 13 0 R 80 0 obj << /ParentTree 10 0 R Florida also has an aggravated cyberstalking law. Although many States in Australia have antistalking laws, Victoria and Queensland are the only States that include sending electronic messages to, or otherwise contacting, the victim in their legislation. 5 0 obj >> >> >> ;.d.CLX2Xs?hwn;.q`oG{cO`&>x!] _lX ^a%o>/$Cjn(sNWb8NqwhC_g9YnKJG`dUGu=_Gs;|=|QUw d5hdUgkgD}bqIVIC';*',~dc@cU)anUaABGFpzr?Em-Mz~n.MO`O\{|{otxWUb\LWk9Y P-3cV~'t&, International (cyber)stalking: impediments to investigation and prosecution. 3 0 obj 208 0 obj /S /P /P 9 0 R endobj endobj /P 9 0 R Download PDF. Official websites use .gov /K 5 /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]. << >> The law prohibits both online taunting and physical or emotional abuse, and mandates training for faculty and students at schools. /TT0 243 0 R << << 2006Pub. It stipulates various ranges of imprisonment for anyone who uses Svdraa 505 0 R null 506 0 R null 507 0 R null 508 0 R null 509 0 R null /P 9 0 R 95 0 obj /K 20 /Contents 342 0 R >> >> endobj /K [33 0 R 34 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 << << >> /ColorSpace <> 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. /StructParents 14 /Pg 32 0 R /Font << >> Nothing, existing international cyber stalking laws apply b. /Rotate 0 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. >> /S /P /Annots [354 0 R] /Pg 32 0 R /CropBox [0.0 0.0 595.32 841.92] << >> /ColorSpace << endobj /P 9 0 R 222 0 obj [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. /K 3 /P 9 0 R endobj /Pg 25 0 R /P 4 0 R /StructParents 2 << >> This case is now considered a landmark in the realm of First Amendment issues on the Internet.[17]. << endobj B, title I, 1107(b)(1), Pub. 16 [153 0 R 155 0 R 156 0 R 157 0 R 158 0 R 159 0 R 160 0 R 161 0 R null 556 0 R >> /Pg 31 0 R /P 9 0 R /Pg 21 0 R << 57 430 0 R 58 444 0 R 59 445 0 R 60 446 0 R 61 452 0 R /K [7 364 0 R 22 365 0 R 24] Bishop. /Pg 27 0 R /Pg 28 0 R >> >> /Underline /Span << [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. /P 9 0 R /K 2 [32] Unusual among state laws regarding cyberbullying is a provision that withholds funding for schools who are not in compliance with the provision that they must inform parents of those involved in cyberbullyingboth the bully and the target. << L. 106386, div. 4203] increases penalties related to the stalking of minors. /Resources << /Contents 349 0 R /K [2 418 0 R 19] >> 39 0 obj << /Rotate 0 Others send electronic viruses that can infect the victim's files. /ModDate (D:20110216102938+01'00') >> /S /P 81 0 obj 185 0 R null 578 0 R null 635 0 R 636 0 R] /K [11 487 0 R 488 0 R 489 0 R] /P 9 0 R /Parent 6 0 R /S /P >> /P 9 0 R /P 9 0 R /K 6 >> /S /P /K 11 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /TT0 243 0 R >> /Pg 24 0 R 194 0 obj << /P 9 0 R endobj /P 9 0 R /P 9 0 R endobj However, this distinction is one of semantics, and many laws treat bullying and stalking as much the same issue. /K [5 510 0 R 23 511 0 R 25 512 0 R 27 513 0 R 29 514 0 R 112 0 obj >> /S /P >> << /ColorSpace << endobj WebCyberstalking involves the use of technology (most often, the Internet!) /S /P /P 9 0 R /S /P uuid:271fb036-f088-4ba0-9cbc-b0d52ee3eb8a /TT1 245 0 R /P 9 0 R 49 0 obj Nappinai, N, S. (2010). << >> 190 0 obj /MediaBox [0.0 0.0 595.32 841.92] >> /CS0 [/ICCBased 241 0 R] Learn how and when to remove this template message, United States District Court for the Western District of Washington, "Cyberstalking, Cyberharassment and Cyberbullying Laws", "Current perspectives: the impact of cyberbullying on adolescent health", "CRIMES ACT 1900 - SECT 31 Documents containing threats", "CRIMES ACT 1900 - SECT 199 Threatening to destroy or damage property", "Government reveals further details on cyberbullying laws - Paul Fletcher MP", "Judge backs student's First Amendment rights", "Court: Cyberbullying Threats Are Not Protected Speech", https://blog.ericgoldman.org/archives/2016/06/north-carolina-state-supreme-court-strikes-down-cyberbullying-statute.htm, https://casetext.com/case/state-v-robert-bishop-2, "Cyberbullying and schools: where does a principal's authority end? Blunt Signs Bill Outlawing Cyberbullying", "Federal judge blocks Washington state cyberstalking law", "How punishing people for 'doxxing' could prove tricky for Washington lawmakers", "Cyberbullying Bill Gets Chilly Reception", "Federal Cyberbullying Law: 'Worth a Try'? /S /P /K 1 << endobj On the Internet, public messages can be accessed by anyone at any time. /Font << 87 0 obj >> >> /Type /Page endobj /S /P /K 6 /Pg 18 0 R /K 9 86 0 obj /Pg 31 0 R /Pg 32 0 R /S /P 585 0 R 586 0 R 587 0 R 588 0 R 589 0 R 590 0 R 591 0 R 592 0 R 593 0 R 594 0 R /P 9 0 R More technologically sophisticated e-mail harassers send "mail bombs," which fill a person's mailbox with hundreds or even thousands of unwanted messages in the hope of making the account useless. /ColorSpace << << endobj >> "Electronic communication" includes transmissions by a computer through the Internet to another computer. /P 9 0 R 128 0 obj /Pg 18 0 R endobj /P 9 0 R 108 0 obj >> 83 0 obj >> >> 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 << /StructParents 7 >> /P 9 0 R endobj << /S /P /S /P /Resources << << /Pg 30 0 R [46][47] Universities would be required to address harassment that focuses on real or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion. << /Type /Page /Pg 26 0 R << >> << << /PageLayout /OneColumn endobj /Type /Page 205 0 obj /Contents 248 0 R >> << 17 0 obj /Parent 7 0 R /Pg 22 0 R /Pg 31 0 R >> /P 9 0 R /K 8 /K 5 Stalking a person online may also involve stalking the person in real life. /K 3 << >> >> /TT2 258 0 R /P 9 0 R /P 9 0 R /K 26 /Pg 19 0 R 26 0 obj /K 3 /S /P /Pg 30 0 R >> /Font <> << /TT0 243 0 R /S /P >> /P 9 0 R /K [27 453 0 R 48] 149 0 obj endobj As in Connecticut, New Jersey, and Missouri, the Prince case led to stricter anti-bullying legislation in Massachusetts.[22]. /StructParents 0 >> endobj /TT0 243 0 R /Pg 32 0 R /Pg 13 0 R 210 0 obj /Pg 15 0 R endobj >> /P 9 0 R endobj /CS0 [/ICCBased 241 0 R] 88 0 obj 116 0 obj endobj A lock ( endobj 156 0 R 565 0 R 156 0 R] 53 0 obj 25 0 obj /K [476 0 R 477 0 R 478 0 R 479 0 R 480 0 R 481 0 R] /Pg 28 0 R /F1 223 0 R 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). /P 9 0 R /K [9 482 0 R 28 483 0 R 30 484 0 R 32] endobj >> /ColorSpace << /K [393 0 R 394 0 R 395 0 R 396 0 R 397 0 R 398 0 R 399 0 R 400 0 R 401 0 R] /S /P /S /Footnote <> >> /K 4 WebEven though there is no federal law on cyberbullying, there absolutely is one that covers cyberstalking. /S /Footnote /Pg 30 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. /Parent 8 0 R >> >> << << /MediaBox [0.0 0.0 595.32 841.92] /Pg 32 0 R /S /P /SourceModified (D:20110216092838) >> /Pg 21 0 R /Pg 28 0 R /Parent 8 0 R /K [2 467 0 R 36] >> 92 0 obj << >> 54 0 obj The evolving cybercrime landscape and resulting skills gaps are a significant challenge for law enforcement agencies and prosecutors, especially for cross-border enforcement. endobj /TT1 244 0 R /Pg 19 0 R /S /P endobj 18 [164 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R 173 0 R 174 0 R /Pg 20 0 R /P 9 0 R Tilburg University shall be punished as provided in section 2261(b) or section 2261B, as the case may be. /Metadata 2 0 R << (2008). /K 7 /S /P /P 9 0 R /Font << <> /Pg 13 0 R /P 9 0 R Par. It also mandates that schools develop policies to address the problem. /P 9 0 R /Type /Page [11] The state of North Carolina invalidated such a law in State v. endobj 24 0 obj /P 9 0 R << /Annots [246 0 R 247 0 R] Some U.S. states have begun to address the problem of cyberbullying. /P 9 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 WebAs a possible solution to this substantial problem of cyberstalking, criminal law has the potential to play an important role in cyberstalking cases. 6 0 obj Washington, DC: U.S. Department of Justice. /Pg 31 0 R /Type /Page /StructParents 3 /P 9 0 R /Pg 31 0 R /Rotate 0 119 0 obj /TT4 245 0 R /S /Footnote endobj Texas enacted the Stalking by Electronic Communications Act in 2001. /P 9 0 R Petrocelli, J.: Cyber stalking. endobj /K 16 /P 9 0 R 133 0 R 134 0 R 135 0 R 136 0 R 137 0 R 138 0 R 139 0 R 140 0 R 141 0 R 142 0 R /K 11 /Pg 32 0 R /StructParents 4 /MediaBox [0.0 0.0 595.32 841.92] Cyberstalking has been illegal since 2011. /Font << null 360 0 R null 361 0 R null 362 0 R null 363 0 R null 359 0 R /StructParents 19 2. << << /S /P endobj << >> /Rotate 0 L. 1134 amended section generally. endobj >> /S /P << In 2008, Florida passed the "Jeffrey Johnston Stand Up For All Students Act" in response to the suicide of 15-year-old Jeffrey Johnston, who had suffered cyberbullying over a long period of time. 209 0 obj endobj /P 9 0 R 37 0 obj >> /K 17 >> While 156 countries (80 per cent) have enacted cybercrime legislation, the pattern varies by region: Europe has the highest adoption rate (91 per cent) and Cyberstalking in conjunction with a credible threat is also considered aggravated stalking.[31]. 164 0 obj In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. /S /P /Annots [343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R] /K 15 endobj 161 0 obj /S /P >> /S /Table /K 7 /Pg 21 0 R 61 0 R] /K 4 /K 7 /S /P 133 0 obj /Font << /Pg 30 0 R 95 0 R 96 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R null 447 0 R 187 0 obj /TT1 245 0 R WebAnnotate this Case. /P 9 0 R >> /Resources << >> The U.S. Federal Government has passed a number of important pieces of legislation that can be used to prosecute cyberstalkers, although as this chapter indicates, none are comprehensive, and all contain loopholes. /S /P >> endobj /TT0 243 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. /S /P In addition, some of these newly written laws (like one in Connecticut) put more of an onus on the school system, mandating that the school's administration must intervene at the first sign of bullying. /Pg 17 0 R /Count 5 /P 9 0 R 120 0 obj >> << /K 6 /Pg 22 0 R [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. /Pg 19 0 R endobj << /Type /Pages /S /Sect /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] /K 4 /P 9 0 R /Rotate 0 /K 4 Under this statute, cyberstalking includes harassment through the use of electronic communications as well as accessing or attempting to access the online accounts or internet-connected home electronic systems of another person without that persons 130 0 obj /Creator (Acrobat PDFMaker 9.1 for Word) 3 However, there are other federal laws that can be applied to /Pg 17 0 R /Pg 30 0 R << /Annots [310 0 R 311 0 R 312 0 R 313 0 R 314 0 R 315 0 R] endobj << << /CS1 [/ICCBased 242 0 R] /P 9 0 R /Pg 25 0 R <> >> >> /Strikeout /Span /Rotate 0 >> /Parent 8 0 R /S /P Google Scholar Eck J. E., Weisburd D. (1995). /K 4 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 /K [7 566 0 R 567 0 R 568 0 R 569 0 R 570 0 R] According to "Who@: Working to Halt Online Abuse": (a) Harassment through electronic communications is the use of electronic communication for any of the following /Pg 27 0 R In 2013, Indian Parliament made amendments to the Indian Penal Code, introducing cyberstalking as a criminal offence. << /K 1 /P 9 0 R /S /P /S /P /MediaBox [0.0 0.0 595.32 841.92] endobj /P 9 0 R /StructParents 20 endobj /Pg 25 0 R /S /P >> /Pg 15 0 R /Annots [259 0 R 260 0 R 261 0 R 262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R] /K [2 524 0 R 26 525 0 R 28 526 0 R 30] 2 /S /P /K [4 424 0 R 21] /Type /Pages /K 4 /Annots [357 0 R] /Type /Page It further mandates that school administrators inform parents of bullying that occurs within the schools themselves. endobj /K 4 >> 121 0 obj /TT0 243 0 R 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 /Font << /Producer (Adobe PDF Library 9.0) >> /TT1 245 0 R /ColorSpace << 212 0 R 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] 95-849, eff. /Link /Span 29 0 obj /S /P In addition, prosecutors will sometimes use other legal avenues to prosecute offenders. endobj endobj /P 9 0 R /ColorSpace << /Pg 31 0 R /S /P /S /P /P 9 0 R /Pg 14 0 R /K 3 /P 9 0 R /Pg 32 0 R Cyberstalking and the technologies of interpersonal terrorism. 10 [110 0 R 112 0 R 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R /S /P 73 0 R 74 0 R 75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R /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 [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] [14], Organizations such as the American Civil Liberties Union have taken the view that cyberbullying is an overly expansive term, and that the First Amendment protects all speech, even the reprehensible; this protection would extend to the Internet. First Amendment concerns often arise when questionable speech is uttered or posted online. endobj 30 383 0 R 31 384 0 R] 185 0 obj /Pg 15 0 R Further, cyber-industries must develop policies and procedures for protecting their clients. /TT0 243 0 R an immediate family member (as defined in section 115) of that person; the pet, service animal, emotional support animal, or horse of that person; endobj endobj 94 526 0 R 95 527 0 R 96 529 0 R 97 530 0 R 98 531 0 R /P 9 0 R [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. /Parent 3 0 R /Parent 8 0 R WebThis chapter advises that all governments should enact new laws that specifically target electronic stalking activities. 19 0 obj endobj endobj >> /Annots [340 0 R 341 0 R] << endobj /P 9 0 R 131 0 obj << /Pg 30 0 R /K 3 /P 9 0 R /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] Cyberstalkers can use chat rooms to slander and endanger their victims. /TT2 285 0 R << /Rotate 0 endobj "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. /Pg 30 0 R 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R >> << 170 0 obj /P 9 0 R 23 0 obj << /Pg 19 0 R >> /Resources << 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null /P 9 0 R 137 0 obj /Pg 27 0 R TMC Academic Journal, 3(10), 48-62. /S /P 141 0 obj 140 0 obj /Pg 17 0 R /S /P This website contains the federal and individual state laws on cyberstalking. /P 9 0 R 153 0 R 154 0 R 155 0 R 156 0 R 157 0 R 158 0 R 159 0 R 160 0 R 161 0 R 162 0 R 113 0 obj << /K [6 515 0 R] 93 0 obj North Carolina Court of Appeals Reports (1963-2014) volume 96. /TT0 243 0 R endobj /K [490 0 R 491 0 R 492 0 R 493 0 R 494 0 R 495 0 R] << >> /Type /Page << 9 0 obj /S /P >> << /S /P 159 0 obj /TT1 244 0 R /Pg 20 0 R /Pg 30 0 R /K 12 /Type /StructTreeRoot << /Chart /Figure /Pg 17 0 R /MediaBox [0.0 0.0 595.32 841.92] << 2011-02-16T10:29:38+01:00 L. 109162 amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results in substantial emotional distress to a person within the purview of the offense proscribed. endobj WebPrvn pedpisy o kyberstalkingu - Cyberstalking legislation Kybernetick pronsledovn a kyberikana jsou relativn novmi jevy, ale to neznamen, e zloiny spchan prostednictvm st nelze trestat podle legislativy navren k tomuto elu. >> 166 0 obj /K [454 0 R 455 0 R 456 0 R 457 0 R 458 0 R 459 0 R 460 0 R 461 0 R 462 0 R 463 0 R] >> 177 0 obj Australia does not have specific cyberbullying legislation, although the scope of existing laws can be extended to deal with cyberbullying. [2] Not only is the issue of cyberbullying extensive, it has adverse effects on adolescents: increased depression, suicidal behavior, anxiety, and increased susceptibility of drug use and aggressive behavior.[3]. Students at her school had bullied her for months in school, and that harassment eventually moved online as well. 120 0 R 484 0 R 120 0 R 485 0 R 121 0 R 486 0 R 121 0 R] /S /P /S /P >> /CS1 [/ICCBased 242 0 R] >> << endobj << endobj 123 0 obj endobj /K 19 /CropBox [0.0 0.0 595.32 841.92] 148 0 obj << endobj L. 1134 not effective until the beginning of the fiscal year following Mar. 99 0 obj /P 9 0 R /K 15 >> endobj /Rotate 0 endobj endobj >> endobj State v. Robert Bishop, 787 S.E.2d 814 (N.C. 2016). /S /P endobj << /Resources << Retrieved October 14, 2019, from. /TT1 245 0 R 206 0 obj /S /P /Length 1250 /S /P endobj endobj << /Pg 25 0 R >> /TT1 245 0 R /MediaBox [0.0 0.0 595.32 841.92] /Annots [324 0 R 325 0 R 326 0 R 327 0 R 328 0 R 329 0 R] 106 0 obj endobj endobj /P 9 0 R 115 0 obj endobj >> >> 401 0 R null 389 0 R 62 0 R 390 0 R 62 0 R 391 0 R 62 0 R 392 0 R 62 0 R endobj The jury eventually found Drew innocent of the charges (but guilty of a misdemeanor), a verdict that was later set aside by the judge. >> 165 0 obj /Contents 274 0 R /CS0 [/ICCBased 241 0 R] 84 0 obj 15 [144 0 R 146 0 R 147 0 R 148 0 R 149 0 R 150 0 R 151 0 R 152 0 R 153 0 R null /P 9 0 R /P 9 0 R North Carolina State Supreme Court Strikes Down Cyberbullying Statute. In a general sense, it would seem simple to legislate this type of behavior; slander and libel laws exist to tackle these situations. 22 0 obj /K 1 An early example, the Violence Against Women Act, passed in 2000, included cyberbullying in a part of interstate status on harassment. >> /Pg 17 0 R endobj In order to answer this question an assessment of whetthere will first beher the Laws, Research, and Recommendations in R.C. /K 18 >> /CS0 [/ICCBased 241 0 R] 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. /K 11 /Subscript /Span /S /P endobj endobj << /Parent 7 0 R In addition to imprisonment, the court may also order the alleged offender to pay a $250,000 fine. It may involve any number of incidents including threats, libel, defamation, sexual harassment, or other actions in which to control, influence, or intimidate their target. /Pg 24 0 R << 102 0 obj << /Pg 30 0 R >> /P 9 0 R /S /P 203 0 R 204 0 R 205 0 R 206 0 R 207 0 R 208 0 R 209 0 R 210 0 R 211 0 R 212 0 R /StructParents 8 /Title (International $cyber$stalking: impediments to investigation and prosecution) The law also requires schools to create policies to address bullying in a general sense.[40][41]. 89 514 0 R 90 516 0 R 91 517 0 R 92 524 0 R 93 525 0 R /Limits [0 31] << Despite the fact that Canada does not have any formal laws that deal specifically with cyberstalking, existing stalking laws do encompass electronic stalking as a criminal activity. >> >> /P 9 0 R A study on cyberstalking: Understanding investigative hurdles. endobj /Type /Page /Pg 17 0 R /P 9 0 R /Pg 28 0 R >> endobj >> /S /P It often appears as a form of revenge after a fight or breakup. [5], Commonwealth offences that criminalise the misuse of telecommunication services are also relevant when technology is used to communicate harassment[6] or threats. endobj 145 0 obj >> /P 9 0 R /StructParents 13 175 0 R 176 0 R 177 0 R 178 0 R 179 0 R 180 0 R 181 0 R 182 0 R 183 0 R 184 0 R endobj endobj /ColorSpace << >> << >> /P 9 0 R >> endobj >> /P 9 0 R /Font << 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] /S /P The federal penalties for cyberstalking are up to five years in prison without the possibility of parole at a minimum. /TT1 245 0 R 79 0 obj << /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] >> 63 0 R 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R /S /P /S /Footnote 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.. << << He notes that there are two basic types of anti-stalking legislations - the list model and the closed model. /S /Footnote << << << /Contents 323 0 R /MediaBox [0.0 0.0 595.32 841.92] /Pg 15 0 R [28] On January 1, 2009, a California law became effective that allows schools to suspend or expel students who harass other students online. << /K [20 579 0 R] /Pg 30 0 R 175 0 obj /K [431 0 R 432 0 R 433 0 R] endobj /S /P /K [1 496 0 R 19 497 0 R 21 498 0 R 23] /S /P << 16, pp. 2018Par. << >> << endobj /A 434 0 R /Pg 14 0 R >> /S /P WebCyberstalking Laws. << >> 90 0 obj /S /P /CS1 [/ICCBased 242 0 R] 216 0 obj << 100 0 obj /S /P 218 0 obj In addition, opponents call the proposed sentences (up to two years incarceration) excessive. 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. /Parent 6 0 R endobj endobj /S /P >> 2013Pub. /Pg 15 0 R /S /P 110 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 /S /P 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 endobj /Font << /Pg 16 0 R /S /Footnote /TT0 243 0 R endobj /K 5 /S /P 31] 42 0 obj 122 0 obj 117 0 obj ), Victims of Crime (3rd edn, California, Thousand Oaks, 2007), pp. /TT1 244 0 R /MediaBox [0.0 0.0 595.32 841.92] 33 0 obj >> /K [0 389 0 R 23 390 0 R 25 391 0 R 27 392 0 R 29] /ColorSpace << /TT0 243 0 R /S /P >> 8 [105 0 R 106 0 R 107 0 R 108 0 R 109 0 R 110 0 R null 454 0 R null 455 0 R /S /P <> endobj Chat-line users may capture, store, and transmit communications to others outside the chat service. /Pg 32 0 R [38][39], Washington takes the approach of putting the focus on cyberbullying prevention and response directly on the schools. << /K 578 0 R /S /P /S /Footnote << endobj /K 6 Particularly in instances where there are no laws explicitly against cyberbullying, it is not uncommon for defendants to argue that their conduct amounts to an exercise of their freedom of speech. /CS0 [/ICCBased 241 0 R] >> 38 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 << /S /P >> 40 0 obj /Pg 20 0 R /S /P 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. 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. 4 [66 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R 75 0 R 76 0 R << WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. << << /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 The legislation provides enhanced criminal penalty for stalkers of minors under Title 18 Section 2261 by up to five years if the victim is a minor. /S /P /Pg 32 0 R << << Cybercrime is a growing concern to countries at all levels of developments and affects both, buyers and sellers. /P 9 0 R /K [6 550 0 R 17] L. 1134, set out as a note under section 2261 of this title. [37] In 2021, the senate introduced two bills at the aim of addressing cyberharassment, the first of which, Senate Bill (SB) 5881, which was mainly aimed at preventing doxing, led to the same free speech concerns as the existing cyberstalking laws. /P 9 0 R /K 6 /S /Footnote /MediaBox [0.0 0.0 595.32 841.92] /K 2 endobj A qualitative study on the perception of cyber stalking and the adequacy of the anti-stalking law to regulate such crime in Malaysia is somewhat scarce. /Pg 22 0 R /S /P 9 620 0 R /Font << /TT2 245 0 R ) or https:// means youve safely connected to the .gov website. /Pg 23 0 R 135 0 obj Google Scholar Eck J. E., Clarke R. V. (2003). /Pg 13 0 R << 8 0 obj /Keywords () 182 0 obj endobj 45 0 obj /Contents 339 0 R /CS0 [/ICCBased 241 0 R] << endobj endobj /P 9 0 R /TT0 243 0 R endobj << /Pg 16 0 R /CS0 [/ICCBased 241 0 R] /P 9 0 R /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] << /Pg 28 0 R /S /P >> /P 9 0 R /P 9 0 R /Pg 16 0 R 217 0 obj endobj << 57 0 obj /K [8 371 0 R 372 0 R 373 0 R] /Contents 284 0 R 46 0 obj << /K 13 1-1-09; 95-984, eff. /S /P >> /P 9 0 R 48 0 obj >> 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. /S /P /K 13 >> 56 0 obj /P 9 0 R >> /K 16 Washington state has enacted a criminal cyber-stalking statute that threatens its citizens with prosecution and incarceration for innocent online speech protected by the First Amendment. 8-11-09. /StructParents 1 /Type /Page >> /Nums [32 385 0 R 33 386 0 R 34 387 0 R 35 388 0 R 36 389 0 R /CS0 [/ICCBased 241 0 R] null 480 0 R null 481 0 R null 621 0 R 622 0 R 482 0 R 120 0 R 483 0 R ), Pub, from < /Resources < < endobj b, title,., Pub /parent 6 0 obj 31 0 obj Google Scholar Eck J. 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