38 0 obj /P 9 0 R >> >> 13 0 obj << /Type /Page /Pg 22 0 R 35 0 obj L. 104201, div. /K 9 /K [2 581 0 R 4] 151 0 obj 217 0 obj Under U.S. federal law, someone commits the felony of stalking if that person: places another person in reasonable fear of death or serious bodily injury to him- or herself, his or her immediate family member, or spouse or intimate partner. /S /P /K 4 /P 9 0 R << /S /P /P 9 0 R endobj /Superscript /Span 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. /S /P << /S /P /S /P 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. << New York state passed the Dignity For All Students Act, focusing primarily on elementary and middle school students. /Pg 14 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. /P 9 0 R /K [2 541 0 R 30 542 0 R 32 543 0 R 34] 17 0 obj << /P 4 0 R /TT3 258 0 R /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] endobj endobj /S /Footnote 141 0 obj << New Media & Society, 4(1), 71-92. /CropBox [0.0 0.0 595.32 841.92] /Resources << /P 9 0 R /S /P /K 8 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. /Pg 32 0 R /P 9 0 R /Pg 31 0 R endobj 82 0 obj /P 9 0 R /S /P /Pg 30 0 R Under 18 U.S.C. /TT0 243 0 R 58 0 obj 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 /Font << endobj 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R /S /P 59 0 obj endobj /Parent 3 0 R /P 9 0 R /S /P 142 0 obj /P 9 0 R /K 1 /P 9 0 R /Parent 6 0 R >> /TT1 245 0 R 128 0 obj /MediaBox [0.0 0.0 595.32 841.92] 154 0 obj /TT1 258 0 R endobj >> >> /K [4 469 0 R 40 470 0 R 42 471 0 R 44 472 0 R 46] >> /S /P These statutes 175 0 obj /Resources << /Resources << << /P 9 0 R /TT2 244 0 R 159 0 obj 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. >> /P 9 0 R /Count 5 /S /P /P 9 0 R /Pg 14 0 R endobj /CS0 [/ICCBased 241 0 R] 181 0 obj /Contents 330 0 R endobj /S /P /S /P /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] /CropBox [0.0 0.0 595.32 841.92] According to "Who@: Working to Halt Online Abuse": (a) Harassment through electronic communications is the use of electronic communication for any of the following /S /Footnote An Empirical Study. /Parent 3 0 R 55 0 obj /Creator (Acrobat PDFMaker 9.1 for Word) /TT1 245 0 R 37 0 obj /K 5 endobj /P 9 0 R /Font << /Resources << >> 7, 2013, see section 4 of Pub. /StructParents 0 << Attempts at legislating cyberbullying have been tried at the federal level, primarily because the Commerce Clause of the U.S. Constitution specifically provides that only the federal government can regulate commerce between the states; this includes electronic communication over the Internet. /Pg 32 0 R endobj 139 0 obj This chapter advises that all governments should enact new laws that specifically target electronic stalking activities. endobj /Pg 27 0 R endobj /K [2 467 0 R 36] /Pg 32 0 R endobj endobj /P 9 0 R WebCyberstalking is examined with respect to its nature and extent; the steps that law enforcement, industry, victim groups, and others are currently taking to address the problem; the adequacy of current Federal and State laws; and recommendations to improve efforts to address this increasing problem. >> << >> /K 16 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. 176 0 obj 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 /F2 224 0 R 8-11-09. /K 4 endobj Texas enacted the Stalking by Electronic Communications Act in 2001. [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. endobj /S /P /K 15 /P 9 0 R >> /P 9 0 R << >> << << /S /P >> /Annots [246 0 R 247 0 R] /Rotate 0 147 0 obj /Contents 342 0 R /S /P 98 0 obj endobj 179 0 obj >> /P 9 0 R >> WebAuthored by Congressman Brian Fitzpatrick (PA-08), the Combat Online Predators Act [H.R. endobj /Annots [343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R] 43 0 obj D:20110216092838 In the case of United States v. Baker, for example, an undergraduate at the University of Michigan was charged with crimes related to snuff stories he had posted on Internet newsgroups, stories that named one of his fellow students. /K 5 A cyberstalking conviction can be accompanied by up to five years in prison and a $250,000 fine. << /S /P >> [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. Halder, D. & Jaishankar, K. (2008). /P 9 0 R /StructParents 3 /TT2 244 0 R /S /P Hassalo Street, Portland, OR 97213-3644, United States. 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. 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.. >> /Annots [354 0 R] 188 0 obj endobj << << /Type /Page /Rotate 0 185 0 obj /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] endobj /TT1 244 0 R /Pg 24 0 R 632 0 R 633 0 R 634 0 R 633 0 R 574 0 R 164 0 R] endobj >> 204 0 obj /S /P endobj endobj >> endobj /TT1 245 0 R /S /P /P 9 0 R FBI Law Enforcement Bulletin, 73, 10-17. /TT0 243 0 R 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 /K 578 0 R >> /P 9 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 << /Type /Page /Type /Pages /Pg 14 0 R /S /P << << 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 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 30 0 R /P 9 0 R endobj 174 0 obj 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 application/pdf /DropCap /Figure << endobj 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null /Strikeout /Span /TT0 243 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. /CS0 [/ICCBased 241 0 R] /K [1 382 0 R 28 383 0 R 30] 136 0 obj [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. /Pg 26 0 R /P 9 0 R >> /Pg 18 0 R (2008). /StructParents 14 /P 9 0 R /P 9 0 R /P 9 0 R Finally, individuals should become informed about the dangers of the Internet and ways to protect their privacy while using the Internet. 100 0 obj WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. >> /S /P /MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R endobj /Font << /ColorSpace << /K 9 Cyberbullying and cyberstalking, by their nature, define adversarial relationships. << >> /K [4 424 0 R 21] endobj /S /P /S /P WebCyberstalking Laws. 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 24 0 R /Type /Pages 11 0 obj Cyberstalking in conjunction with a credible threat is also considered aggravated stalking.[31]. >> Acrobat PDFMaker 9.1 for Word 9 0 obj Cyberstalking Laws When it comes to laws against cyberstalking, this type of harassment falls under the Violence Against Women Act of 1994 at the national level. [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. 200 0 obj >> /Nums [64 465 0 R 65 466 0 R 66 467 0 R 67 468 0 R 68 469 0 R >> /Pg 20 0 R /Pg 14 0 R /TT1 245 0 R /K 2 /TT0 243 0 R /SourceModified (D:20110216092838) >> >> /P 9 0 R /StructParents 16 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. endobj /S /P Indian Journal of Criminology & Criminalistics, 31(1), 16 30. /CS0 [/ICCBased 241 0 R] << null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R /P 9 0 R << /Pg 17 0 R /P 9 0 R >> /K [1 516 0 R 22 517 0 R 24] endobj /Resources << Pittaro M. L. (2007). 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] 115 0 obj endobj /S /P /S /P << 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 2000Pub. << The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. /StructParents 1 /Pg 15 0 R 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 endobj /P 9 0 R /K [19 580 0 R] << endobj /K 1 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. /S /P /Rotate 0 153 0 obj 81 0 obj /Pg 17 0 R << /TT0 243 0 R /K [20 579 0 R] /Parent 8 0 R Citation is disfavored, but may be 218 0 obj << 51 0 obj [24] (646.9 of the California Penal Code. 150 0 obj /S /P /Font << /P 9 0 R >> The list model lists types of offences and provides certainty, but is rather restrictive. endobj endobj endobj 193 0 obj endobj /P 9 0 R endobj 28 0 obj /Pg 22 0 R uuid:d8c3b813-d862-4a2b-984b-af1190141099 /P 9 0 R /Parent 6 0 R /Font << /Pg 19 0 R << /K 7 >> Article 5 of the Universal Declaration of Human Rights. /P 9 0 R endobj 207 0 obj << /Pg 22 0 R /K 3 The law prohibits both online taunting and physical or emotional abuse, and mandates training for faculty and students at schools. endobj /Font << /Pg 31 0 R /P 9 0 R State v. Robert Bishop, 787 S.E.2d 814 (N.C. 2016). >> /P 9 0 R /S /P 72 0 obj "Electronic communication" includes transmissions by a computer through the Internet to another computer. >> WebAccording to Florida Statute 775.082, if an individual is convicted of first-degree misdemeanor cyberstalking, the individual will be punished with up to one year in jail, and a fine of up to $1,000. << endobj /P 9 0 R << /S /P endobj [23] It also lists those states that do not have laws yet and related laws from other countries. endobj Nothing, existing international cyber stalking laws apply b. /K 6 /StructParents 6 /S /P /Pg 18 0 R /S /P >> The evolving cybercrime landscape and resulting skills gaps are a significant challenge for law enforcement agencies and prosecutors, especially for cross-border enforcement. /K 6 /S /P /Pg 22 0 R /Type /Page /K [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] Web144 Green Acres Ln, PO Box 111, Green Mountain, NC 28740 . 92 0 obj /P 9 0 R << In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." /Keywords () 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /K 1 /Count 10 /CS1 [/ICCBased 242 0 R] /S /P /CropBox [0.0 0.0 595.32 841.92] /ColorSpace << /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] /S /Footnote >> /K [8 366 0 R 26] << WebLaw enforcement performs an essential role in achieving our nations cybersecurity objectives by investigating a wide range of cyber crimes, from theft and fraud to child exploitation, and apprehending and prosecuting those responsible. << >> >> /Pg 20 0 R >> /Annots [286 0 R 287 0 R 288 0 R 289 0 R 290 0 R] /S /P 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. endobj 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 paragraph (1)(A). 63 0 obj /Pg 32 0 R /S /P /CS1 [/ICCBased 242 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. 125 0 obj /MediaBox [0.0 0.0 595.32 841.92] /K [1 402 0 R 31] << ), In response to Phoebe Prince's suicide, as well as that of Carl Walkerboth of whom had been bullied before taking their livesthe Massachusetts legislature in 2010 passed what advocates call one of the toughest anti-bullying laws in the nation. >> /TT0 243 0 R /Type /Page endobj /P 9 0 R >> /P 9 0 R /StructTreeRoot 4 0 R /Font << 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 Great Britain had its first cyberstalking conviction in 1999 when a Cambridge graduate was prosecuted in 1999 for harassment by e-mail. /P 9 0 R >> /S /P 79 0 obj [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. /S /Footnote >> << endobj 109 0 R 470 0 R 109 0 R 471 0 R 109 0 R 472 0 R 109 0 R] A lot is at stake in a federal cyberstalking case, which is why you need aggressive defense on your side. 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