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. State v. Robert Bishop, 787 S.E.2d 814 (N.C. 2016). What is Cyberstalking? It is a specific federal crime and falls under a federal stalking statute as part of the Violence Against Women Act of 2005. The law was amended in 2013 to include stalking by the Internet or by telephone and no longer requires that the perpetrator and victim live in different legal jurisdictions. >> 66 0 obj >> /MediaBox [0.0 0.0 595.32 841.92] 44 0 obj 52 0 obj WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. >> endobj 136 0 obj 127 0 obj /Pg 30 0 R << /Comments () >> It often appears as a form of revenge after a fight or breakup. /K [4 424 0 R 21] /P 9 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 /Resources << Cyberstalkers often have a sophisticated knowledge of computers and the Internet and can "mask" their intimidating e-mails to victims to disguise their origin. >> An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. /K [3 527 0 R 32] /Subscript /Span [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. endobj /P 9 0 R /Rotate 0 << Federal Criminal Cyberstalking Statutes [13] Both section 2261A(2) and section 875(c) are federal criminal statutes used to prosecute cyberstalking cases. Also, law enforcement officers must be trained to deal with cyberstalking. /Pg 24 0 R >> WebAuthored by Congressman Brian Fitzpatrick (PA-08), the Combat Online Predators Act [H.R. /TT1 244 0 R 213 0 obj /StructParents 8 /Pg 19 0 R endobj /TextBox /Art >> http://www.haltabuse.org/resources/laws/federal.shtml. 105 0 R 465 0 R 106 0 R 466 0 R 106 0 R 467 0 R 107 0 R 468 0 R 108 0 R 469 0 R >> /Pg 31 0 R << >> /K [0 464 0 R 30] 174 0 obj However, state laws vary in how they handle cyberstalking.Technology can quickly be put to use by stalkers; for 49 0 obj /Pg 28 0 R << << /P 9 0 R endobj /Pg 31 0 R /Parent 8 0 R 177 0 obj 29 0 obj 161 0 obj Under 18 U.S.C. /Annots [228 0 R] /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] /Parent 6 0 R >> /P 9 0 R >> /MediaBox [0.0 0.0 595.32 841.92] /Subject () /CropBox [0.0 0.0 595.32 841.92] /Pg 13 0 R International (cyber)stalking: impediments to investigation and prosecution Google Scholar Eck J. E., Weisburd D. (1995). /P 9 0 R << /Pg 32 0 R >> /Pg 14 0 R >> /StructParents 13 /TT4 245 0 R /S /P << >> As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. /P 9 0 R /Pg 30 0 R >> /Count 21 /Title (International \(cyber\)stalking: impediments to investigation and prosecution) 4203] increases penalties related to the stalking of minors. 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. /Pg 19 0 R /S /P /Kids [18 0 R 19 0 R 20 0 R 21 0 R 22 0 R] /Resources << [41] WebCyberstalking involves the use of technology (most often, the Internet!) [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. /S /P >> >> << endstream /Resources << 632 0 R 633 0 R 634 0 R 633 0 R 574 0 R 164 0 R] >> endobj 7-39). /P 9 0 R /P 9 0 R /Resources << (1)(A)(iv). 16 0 obj /F1 223 0 R WebAs a possible solution to this substantial problem of cyberstalking, criminal law has the potential to play an important role in cyberstalking cases. /P 9 0 R /P 9 0 R 114 0 obj /K [7 364 0 R 22 365 0 R 24] /K 5 << /Annots [343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R] /ColorSpace << >> /K [556 0 R 557 0 R 558 0 R 559 0 R 560 0 R 561 0 R] >> Legal overview of the situation by country, The examples and perspective in this article, Tyler Clementi Higher Education Anti-Harassment Act, Balasubramani, V. (2016, June 14). /Font << endobj >> /Annots [317 0 R 318 0 R 319 0 R 320 0 R 321 0 R 322 0 R] /P 9 0 R << 42 0 obj 145 0 obj [21], Finally, it's not uncommon for cyberbullying to be coupled with "traditional", in-person bullying, for example, in the suicide of Phoebe Prince. Also, law enforcement officers must be trained to deal with /Font << endobj /Pg 17 0 R Finally, the Convention on Cybercrime will be analysed to see Citation is disfavored, but may be 71 0 obj 3 0 obj << 63 0 obj endobj 98 0 obj /Pg 21 0 R /P 9 0 R /S /P /Pg 28 0 R 198 0 obj << << /S /P << endobj In 2013, Indian Parliament made amendments to the Indian Penal Code, introducing cyberstalking as a criminal offence. Hassalo Street, Portland, OR 97213-3644, United States. /MediaBox [0.0 0.0 595.32 841.92] 54 0 obj /Type /Page 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. /CS0 [/ICCBased 241 0 R] /ColorSpace << /TT0 243 0 R 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. /P 9 0 R /Font << endobj An early example, the Violence Against Women Act, passed in 2000, included cyberbullying in a part of interstate status on harassment. /K 4 /S /P 120 0 R 484 0 R 120 0 R 485 0 R 121 0 R 486 0 R 121 0 R] Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. /P 9 0 R These statutes endobj /K 12 /P 9 0 R << /StructParents 15 /Pg 19 0 R /TT0 243 0 R << /Pg 15 0 R /S /P >> << /CropBox [0.0 0.0 595.32 841.92] /Type /Page /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] << Cyberstalking laws in the United States, both federal and state, support victims of all ages, however some sites focus on those laws that protect victims under the age of 18. /K [419 0 R 420 0 R 421 0 R 422 0 R 423 0 R] /P 9 0 R /Pg 32 0 R /K 2 5 [76 0 R 77 0 R 78 0 R 80 0 R 81 0 R 82 0 R 83 0 R null 419 0 R null /TT2 244 0 R >> 131 0 obj /K 8 << /P 9 0 R /K 4 /Type /Page New Media & Society, 4(1), 71-92. 209 0 obj endobj >> /K 14 The list model lists types of offences and provides certainty, but is rather restrictive. << /Contents 257 0 R >> 151 0 obj 8 0 obj << /Pg 28 0 R >> Distributing intimate images and videos without the consent of the person in them is a common form of cyberbullying. /Type /Page >> /K 0 endobj << /S /P /Pg 13 0 R >> 222 0 obj In a general sense, it would seem simple to legislate this type of behavior; slander and libel laws exist to tackle these situations. << /K [1 382 0 R 28 383 0 R 30] /K [435 0 R 436 0 R 437 0 R 438 0 R 439 0 R 440 0 R 441 0 R 442 0 R 443 0 R] 22 0 obj /S /P >> 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. >> /K [2 403 0 R 33 404 0 R 35 405 0 R 37 406 0 R 39] /Rotate 0 /K 11 >> /S /P /P 9 0 R endobj /P 9 0 R Indian Journal of Criminology & Criminalistics, 31(1), 16 30. Pittaro M. L. (2007). /CS1 [/ICCBased 242 0 R] /Rotate 0 /S /P endobj 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 Web144 Green Acres Ln, PO Box 111, Green Mountain, NC 28740 . /Rotate 0 >> B, title I, 1107(b)(1), Pub. /P 9 0 R /Parent 6 0 R /S /Footnote >> /S /Footnote 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 >> 217 0 obj /Pg 20 0 R << << endobj endobj 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] endobj /P 9 0 R 156 0 R 565 0 R 156 0 R] /P 9 0 R /PageLayout /OneColumn /P 9 0 R /S /P /Pg 22 0 R /Pg 27 0 R << endobj /K 6 endobj >> /S /P >> >> /S /P 2000Pub. 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 /CS0 [/ICCBased 241 0 R] /K [8 371 0 R 372 0 R 373 0 R] >> /K 6 [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. 148 0 obj On this Wikipedia the language links are at the top of the page across from the article title. /CS0 [/ICCBased 241 0 R] >> /CS0 [/ICCBased 241 0 R] /K 1 /TT3 245 0 R /RoleMap 11 0 R /StructParents 7 118 0 obj /CropBox [0.0 0.0 595.32 841.92] Nothing; existing stalking laws can apply. endobj 47 0 obj endobj 95-849, eff. /S /P L. 106386 reenacted section catchline without change and amended text generally. 179 0 obj [10] In another California case, in which a student was harassed after posting personal information online, the court found that threatening posts were not protected speech. /K 8 Specific laws against cyber stalking to be illegal in a state or territory, c. Specific laws against cyber stalking in that nation d. Nothing, existing stalking laws can apply 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 /Type /Page /P 9 0 R >> >> /Parent 7 0 R >> >> 83 0 R 84 0 R 85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R /Pg 22 0 R >> /TT1 258 0 R /S /P /S /P >> 396 0 R null 397 0 R null 398 0 R null 399 0 R null 400 0 R null L. 1134 not effective until the beginning of the fiscal year following Mar. /P 9 0 R /CS0 [/ICCBased 241 0 R] /Contents 323 0 R >> 109 0 R 470 0 R 109 0 R 471 0 R 109 0 R 472 0 R 109 0 R] 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 endobj 210 0 obj << >> /Pg 27 0 R /P 9 0 R /Parent 8 0 R WebFlorida Statute 784.048 makes stalking (harassment), including cyberstalking, a crime. /S /P endobj endobj >> /K [1 529 0 R 22 530 0 R 24 531 0 R 26 532 0 R 28] "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. /Rotate 0 >> 158 0 obj /Pg 20 0 R /P 9 0 R /K 8 /P 9 0 R application/pdf /S /P 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 /S /P /K 6 endobj /P 9 0 R 95 0 obj /Font << 143 0 obj << 89 514 0 R 90 516 0 R 91 517 0 R 92 524 0 R 93 525 0 R For example, in the case of United States v. Lori Drew, in which Megan Meier had committed suicide after being bullied on MySpace, three of the four charges against the defendant (Drew) were actually in response to alleged violations of the Computer Fraud and Abuse Act, since specific statues against cyberbullying were not on the books. L. 106386, div. << << In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." /S /P WebCybercrime is a growing concern to countries at all levels of developments and affects both, buyers and sellers. /S /P /S /P >> /Parent 3 0 R /P 9 0 R /Pg 18 0 R 99 0 obj << >> /TT2 285 0 R 157 0 obj [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. /P 9 0 R >> [24] (646.9 of the California Penal Code. /TT1 245 0 R /Pg 30 0 R 34 0 obj /S /P << endobj /K [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] 189 0 obj /Type /Page >> 6 0 obj /K [1 516 0 R 22 517 0 R 24] /K 9 endobj endobj /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] /Metadata 2 0 R /S /P /S /P endobj /Pg 23 0 R >> 2 << [40] III. 175 0 obj /K [548 0 R 549 0 R] >> /P 9 0 R /Pg 24 0 R 81 0 obj North Carolina Court of Appeals Reports (1963-2014) volume 96. /Pg 30 0 R /Pg 30 0 R /S /P << /Contents 280 0 R Washington, DC: U.S. Department of Justice. /Pg 17 0 R 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. /StructParents 19 /StructParents 16 /S /P /MediaBox [0.0 0.0 595.32 841.92] >> Davis, A.J. /CropBox [0.0 0.0 595.32 841.92] >> >> /K 3 /P 9 0 R endobj << >> 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. /K 10 The federal penalties for cyberstalking are up to five years in prison without the possibility of parole at a minimum. /Rotate 0 /Pg 22 0 R /K 3 /S /P /S /P << 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. Prior to amendment, section related to stalking. 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. endobj /Rotate 0 /Pg 22 0 R 173 0 obj /S /P /K 3 2020Pub. /P 9 0 R /Pg 20 0 R >> >> Official websites use .gov 80 0 obj 16, pp. /S /P endobj /S /P 51 0 obj /P 9 0 R null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R >> >> /S /P /TT1 245 0 R /Pg 24 0 R 212 0 R 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /MediaBox [0.0 0.0 595.32 841.92] 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.. /P 9 0 R >> 163 0 obj >> /Pg 20 0 R 193 0 R 194 0 R 195 0 R 196 0 R 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R 202 0 R /TT2 244 0 R /P 9 0 R endobj /Pg 17 0 R /P 9 0 R << 121 0 obj >> >> /S /P WebSection 127 can be used as an alternative offence to such crimes for example as hate crime (including race, religion, disability, homophobic, sexual orientation, and transphobic crime), hacking offences, cyber bullying, cyber stalking, amongst others. 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. 126 0 obj /Pg 32 0 R /CropBox [0.0 0.0 595.32 841.92] /CS0 [/ICCBased 241 0 R] /P 9 0 R /P 9 0 R << /K 14 << /S /Footnote It stipulates various ranges of imprisonment for anyone who uses /TT0 243 0 R endobj [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. Cyber stalking generally involves unwarranted, repeated and threatening conduct of the offender via the Internet or social media platforms, which causes fear, distress or alarm to the victim. /TT3 245 0 R /S /P 100 0 obj endobj endobj >> /Resources << /Parent 3 0 R >> >> 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] << /Pg 26 0 R << << Abstract /ColorSpace << 150 0 obj endobj However, this is limited to the victims of family violence. << /P 9 0 R /Parent 8 0 R WebThis chapter advises that all governments should enact new laws that specifically target electronic stalking activities. 8-11-09. 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 /S /P /Keywords () endobj /Font << /Pg 25 0 R >> << /MediaBox [0.0 0.0 595.32 841.92] endobj /P 9 0 R << >> /S /P 424 0 R 81 0 R 425 0 R 82 0 R 426 0 R 82 0 R 427 0 R 82 0 R] /P 9 0 R /P 9 0 R endobj /TT0 243 0 R >> /P 9 0 R 180 0 obj /P 9 0 R /S /P /Resources << /Pg 17 0 R WebFederal law provides some tools to combat cyberstalking. /Pg 18 0 R /Type /Page /Type /Pages [36] However, the constitutionality of this law has been challenged in courts, with Judge Ronald B. Leighton of the United States District Court for the Western District of Washington ruled in February 2019 that the law as written could include "a large range of non-obscene, non-threatening speech" and that "As a result even public criticisms of public figures and public officials could be subject to criminal prosecution and punishment". /P 9 0 R /S /P 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? /P 9 0 R 215 0 obj /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] /Pg 31 0 R State laws can deal with some forms of cyberbullying, such as documents containing threats,[4] and threats to destroy and damage property. /ColorSpace << Assembly, Senate pass 'Anti-Bullying Bill of Rights' in wake of Tyler Clementi's death", "Stronger Anti-Bullying Bill Approved By Committee", "Grieving family by his side, governor signs legislation", Current and pending cyberstalking-related United States federal and state laws, Despite Laws, Stalkers Roam On the Internet, Cyberstalking garnering more serious response, Man convicted of cyberstalking to undergo psychiatric evaluation before sentencing, "Mom's Campaign for Florida Anti-Bully Law Finally Pays Off - ABC News", "Cyber Bullying Illegal: Mass. /Nums [32 385 0 R 33 386 0 R 34 387 0 R 35 388 0 R 36 389 0 R Webprosecution of international (cyber)stalking and whether some of these problems could be solved. endobj A study on cyberstalking: Understanding investigative hurdles. endobj >> /P 9 0 R >> << /Parent 6 0 R /S /P endobj /Parent 6 0 R /P 9 0 R 185 0 R null 578 0 R null 635 0 R 636 0 R] 216 0 obj /ParentTreeNextKey 116 /ParentTree 10 0 R /Annots [303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] /K 1 [33], As noted previously, in 2008 Missouri revised its statutes on harassment to include harassment and stalking through electronic and telephonic communications and cyber-bullying after the suicide of Megan Meier.[34]. /P 9 0 R 104 627 0 R 105 550 0 R 106 629 0 R 107 631 0 R 108 562 0 R Contact Beckham Solis, Attorneys at Law at (305) 290-1884 for representation from a team in Miami with over 35 years of collective experience. endobj L. 104201, div. >> >> 548 0 R null 549 0 R null 627 0 R 628 0 R 550 0 R 151 0 R] 193 0 obj endobj /P 9 0 R 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 >> 505 0 R null 506 0 R null 507 0 R null 508 0 R null 509 0 R null L. 116249 substituted section 2261(b) or section 2261B, as the case may be for section 2261(b) of this title in concluding provisions. /P 9 0 R /Pg 32 0 R endobj /P 9 0 R >> >> 199 0 obj 55 0 obj << 105 0 obj /Footnote /Note A 2006 National Crime Prevention Council survey found that some 40% of teens had experienced cyberbullying at some point in their lives, making the problem particularly widespread. /K [0 359 0 R 20] Svdraa /P 9 0 R /S /P << endobj /P 9 0 R WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. >> /Contents 342 0 R >> /K 2 /Pg 13 0 R /K 6 /S /Table >> >> shall be punished as provided in section 2261(b) or section 2261B, as the case may be. /S /P Florida also has an aggravated cyberstalking law. /S /P /Pg 15 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 204 0 obj << /P 9 0 R /P 9 0 R /Contents 358 0 R << /K [21 444 0 R 40 445 0 R 42 446 0 R 44] /Contents 316 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; [51], New Zealand Minister of Justice Judith Collins plans to introduce a law that would make it an offence to incite people to commit suicide, or post material that is grossly offensive by the end of 2013. /Pg 14 0 R endobj L. 115334, title XII, 12502(a)(1). a. >> /K 6 >> 14 [140 0 R 141 0 R 143 0 R 144 0 R null 533 0 R null 534 0 R null 535 0 R an immediate family member (as defined in section 115) of that person; causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or, places that person in reasonable fear of the death of or. 1 0 obj /S /P endobj /S /P >> In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. /ColorSpace << /Annots [286 0 R 287 0 R 288 0 R 289 0 R 290 0 R] /S /P /S /P /S /P /Rotate 0 << << >> /S /P 369 0 R null 370 0 R null 367 0 R 44 0 R 368 0 R 44 0 R] 134 0 obj /Type /Page /Pg 31 0 R L. 1134, set out as a note under section 2261 of this title. endobj ) or https:// means youve safely connected to the .gov website. /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 /Pg 30 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 endobj 75 0 obj /Kids [219 0 R 220 0 R 221 0 R] 70 0 obj 83 0 obj 17 0 obj 56 0 obj /K [11 487 0 R 488 0 R 489 0 R] /TT1 244 0 R endobj /Rotate 0 92 0 obj >> endobj endobj /Rotate 0 endobj /S /P << /Pg 14 0 R >> /Pg 28 0 R /K 1 /P 9 0 R /TT1 245 0 R << /P 9 0 R /Pg 31 0 R 162 0 obj /K 11 endobj >> /Pg 30 0 R /CropBox [0.0 0.0 595.32 841.92] >> /Pg 25 0 R /K 9 >> No one shall be subjected to torture or to cruel, inhuman or degrading treatment. Cyberstalking can result in a lifelong prison sentence if the actions resulted in the victims death. [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /Font << The focus on legislating cyberbullying and cyberstalking has largely come about as a result of the perceived inadequacy, generally by legislators and parents of bullying victims, of existing laws, whether those existing laws cover stalking, unauthorized use of computer resources, or the like. << A lock ( endobj /P 9 0 R /K [0 389 0 R 23 390 0 R 25 391 0 R 27 392 0 R 29] 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. << /Pg 22 0 R [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. /Endnote /Note 122 0 obj 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. endobj 2 [53 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R null 374 0 R /CS0 [/ICCBased 241 0 R] /S /P Verified Attorney /K 10 /K [8 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] /S /P 67 0 obj 36 0 obj /Pg 21 0 R >> /K [9 482 0 R 28 483 0 R 30 484 0 R 32] 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. /CS1 [/ICCBased 242 0 R] In an interesting paper, Chik discusses international cyberstalking regulatory considerations. /Type /Page >> /P 9 0 R /Resources << /P 9 0 R >> /S /P << >> 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. >> 73 0 obj endobj %PDF-1.5 /S /Footnote /P 9 0 R /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] >> Petrocelli, J.: Cyber stalking. >> /K [20 579 0 R] /StructTreeRoot 4 0 R 37 390 0 R 38 391 0 R 39 392 0 R 40 402 0 R 41 403 0 R Making any comment, request, suggestion or proposal which is obscene with an intent to offend; Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person; Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device; Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or. 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