international cyberstalking lawsinternational cyberstalking laws

endobj /K [1 402 0 R 31] /Pg 22 0 R /S /P endobj /P 9 0 R /S /P >> >> /Pg 16 0 R Chat-line users may capture, store, and transmit communications to others outside the chat service. >> 2013Pub. << 208 0 obj Monsey, NY: Criminal Justice Press. 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 /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R /Pg 31 0 R /K 6 188 0 obj 113 0 obj 20 0 obj /ColorSpace << WebDavid's Law is a state law in Texas, that labels cyberstalking a misdemeanor crime, but it also lays out several other rights victims or parents of victims have in ensuring justice. 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 245 0 R << << /Comments () /Type /Page /Pg 25 0 R /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R << /CS0 [/ICCBased 241 0 R] /P 9 0 R /P 9 0 R 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 /P 9 0 R endobj << /K 4 /S /P The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. endobj /P 9 0 R endobj << /Pg 30 0 R >> >> /K 13 /P 9 0 R 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 12 /K [431 0 R 432 0 R 433 0 R] >> /K [2 524 0 R 26 525 0 R 28 526 0 R 30] endobj 117 0 obj endobj Spitzberg, B. H., & Hoobler, G. (2002). /Pg 21 0 R >> /K [0 464 0 R 30] /Parent 7 0 R /K 8 endobj 149 0 obj 184 0 obj /P 9 0 R 35 0 obj /S /P /Pg 31 0 R /K [20 579 0 R] >> Citation is disfavored, but may be 183 0 obj A cyberstalker acts of out of anger, or a need to control, or gain revenge over another person through threats, fear, and intimidation. [38][39], Washington takes the approach of putting the focus on cyberbullying prevention and response directly on the schools. /P 9 0 R << /S /P This chapter advises that all governments should enact new laws that specifically target electronic stalking activities. 206 0 obj endobj [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. /P 9 0 R /TT1 245 0 R 52 0 obj endobj /Parent 8 0 R 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] endobj >> 125 0 obj /CropBox [0.0 0.0 595.32 841.92] /Pg 24 0 R /Resources << >> Cyber stalking: An analysis of online harassment and intimidation. /K 4 /S /P >> /Pg 30 0 R /CS1 [/ICCBased 242 0 R] 68 0 obj >> /P 9 0 R >> << >> /P 9 0 R >> endobj /TT0 243 0 R /S /P >> 121 0 obj endobj endobj 65 0 obj /Parent 7 0 R endobj /K [2 564 0 R 30 565 0 R 32] In an interesting paper, Chik discusses international cyberstalking regulatory considerations. 109 0 obj /StructParents 10 /Nums [32 385 0 R 33 386 0 R 34 387 0 R 35 388 0 R 36 389 0 R << /StructParents 6 >> /CS0 [/ICCBased 241 0 R] << 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 >> 180 0 obj /K [5 510 0 R 23 511 0 R 25 512 0 R 27 513 0 R 29 514 0 R /P 9 0 R 170 0 obj 138 0 obj <> 168 0 obj /Title (International $cyber$stalking: impediments to investigation and prosecution) >> 143 0 obj >> >> >> /P 9 0 R /P 9 0 R >> /S /Footnote /S /P /S /P 83 0 obj /CropBox [0.0 0.0 595.32 841.92] /S /P /K 2 >> 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. /Parent 7 0 R 77 0 obj /S /Footnote 190 0 obj /Rotate 0 /Endnote /Note endobj /Font << >> >> 40 0 obj >> 67 0 obj /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 >> [53], The Global Cyber Law Database (GCLD) aims to become the most comprehensive and authoritative source of cyber laws for all countries.[54]. 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 /Pg 14 0 R 2 0 obj /S /Footnote 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. endobj 14 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 /Rotate 0 /S /Table 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 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 76 0 obj /S /P Petrocelli, J.: Cyber stalking. /S /P /S /P 6 0 obj 135 0 obj endobj /P 9 0 R /Pg 13 0 R << 85 0 obj endobj /Pg 15 0 R /CS1 [/ICCBased 242 0 R] >> /P 9 0 R application/pdf Download PDF. Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? /K [490 0 R 491 0 R 492 0 R 493 0 R 494 0 R 495 0 R] endobj /S /P /S /P >> >> /Resources << << /S /P WebCyberstalking is the act of threatening, harassing, or annoying someone through multiple email messages, as through the Internet, especially with the intent of placing the recipient /Pg 17 0 R /TT0 243 0 R 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 "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. /K 13 >> endobj /Resources << >> 203 0 obj /S /P New Media & Society, 4(1), 71-92. << >> endobj << >> /ColorSpace << stream Explanation : Cyberstalking involves using electronic means, including the Internet, to stalk or harass a person or group of people. Cyberbullying and cyberstalking, by their nature, define adversarial relationships. /K [5 473 0 R 474 0 R 475 0 R] >> /S /Footnote 3 0 obj /K [374 0 R 375 0 R 376 0 R 377 0 R 378 0 R 379 0 R 380 0 R 381 0 R] /Pg 29 0 R 71 0 obj >> He notes that there are two basic types of anti-stalking legislations - the list model and the closed model. Opponents point out that harassment on college campuses is already prohibited under existing laws; furthermore, they point out that harassment based on sexual orientation is also covered under existing statutes. /Pg 31 0 R >> << >> endobj endobj /P 9 0 R 29 0 obj /Pg 32 0 R /Annots [249 0 R 250 0 R 251 0 R 252 0 R 253 0 R 254 0 R 255 0 R 256 0 R] /Annots [310 0 R 311 0 R 312 0 R 313 0 R 314 0 R 315 0 R] >> /CS1 [/ICCBased 242 0 R] /CS0 [/ICCBased 241 0 R] /S /P /StructTreeRoot 4 0 R /K 4 /CS0 [/ICCBased 241 0 R] /S /Footnote It often appears as a form of revenge after a fight or breakup. [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. >> /Keywords () 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 << /Pg 28 0 R << >> >> 37 0 obj 46 0 obj << /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). endobj >> endobj /K 18 47 414 0 R 48 415 0 R 49 416 0 R 50 418 0 R 51 424 0 R endobj >> <> /P 9 0 R /ColorSpace << [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. /Parent 3 0 R /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] endobj /S /P >> /P 9 0 R /P 9 0 R /Type /Page WebCyberstalking's definition is quite simply, the use of the internet, or other electronic means, to harass and intimidate a selected victim. /P 9 0 R /CS0 [/ICCBased 241 0 R] endobj /S /P >> /Pg 30 0 R /P 9 0 R 2000Pub. 96 0 obj /Pg 30 0 R /CS1 [/ICCBased 242 0 R] /MediaBox [0.0 0.0 595.32 841.92] /S /P >> 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 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 /P 9 0 R >> 66 0 obj null 519 0 R null 520 0 R null 521 0 R null 522 0 R null 523 0 R 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. >> 124 0 obj /K 1 107 0 obj 160 0 obj /Pg 30 0 R 169 0 obj 143 0 R 542 0 R 143 0 R 543 0 R 143 0 R 544 0 R 144 0 R] Journal of International Commercial Law and Technology, 5(1), 22-27. /K [5 425 0 R 23 426 0 R 25 427 0 R 27] /DropCap /Figure << >> endobj /K 24 >> endobj WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. endobj /Pg 27 0 R D:20110216092838 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 Stalking is against the law throughout the U.S. On a federal level, when the Violence Against Women Act was amended in 2013, stalking by any interactive computer service or electronic communication service was included.. >> >> /Pg 30 0 R 7, 2013, see section 4 of Pub. endobj /Pg 30 0 R /K 7 endobj /K 16 /K 578 0 R /Pg 32 0 R /CropBox [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. 86 0 obj /Contents 349 0 R /P 9 0 R /S /P /S /P /Count 10 << 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 13 0 obj endobj 18 0 obj 47 0 obj 11 0 obj endobj /Type /Page 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. << /Pg 31 0 R endobj /Pg 28 0 R /S /P /Rotate 0 endstream << 82 0 obj Google Scholar Eck J. E., Weisburd D. (1995). /Contents 268 0 R /TT0 243 0 R << /Parent 8 0 R endobj 166 0 obj 177 0 obj >> null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R >> /Contents 323 0 R /P 9 0 R /Annots [357 0 R] 25 0 obj /MediaBox [0.0 0.0 595.32 841.92] /Pg 30 0 R 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 /P 9 0 R /S /P 548 0 R null 549 0 R null 627 0 R 628 0 R 550 0 R 151 0 R] >> /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] << >> 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. 95-849, eff. >> << /K [11 487 0 R 488 0 R 489 0 R] endobj /Type /Page endobj /CropBox [0.0 0.0 595.32 841.92] << /Pg 17 0 R 63 0 obj /Pg 19 0 R /K [8 371 0 R 372 0 R 373 0 R] /K 6 %PDF-1.5 126 0 obj /S /P >> /K 15 /S /P /P 9 0 R << 222 0 obj Also, law enforcement officers must be trained to deal with cyberstalking. /P 9 0 R endobj << 175 0 obj /TT2 244 0 R (2)(A). /Resources << /Pg 30 0 R /TT3 244 0 R In 2009, Representative Linda Snchez (D-CA) brought legislation titled the "Megan Meier Cyberbullying Prevention Act" before the U.S. House of Representatives. << /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] <> >> /Author (Svdraa) /Count 6 /P 9 0 R >> << 136 0 obj endobj 595 0 R 596 0 R 597 0 R 598 0 R 599 0 R null 431 0 R null 432 0 R null Tampa, Florida U.S. District Judge Thomas P. Barber has sentenced Christopher Buonocore (35, Hicksville, NY) to 15 years in federal prison for cyberstalking multiple victims. endobj /Resources << WebAnnotate this Case. /Font << /Pg 18 0 R /K 1 147 0 obj Nothing, existing international cyber stalking laws apply b. /Kids [219 0 R 220 0 R 221 0 R] /K [419 0 R 420 0 R 421 0 R 422 0 R 423 0 R] >> /Font << 75 0 obj endobj 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null /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] A, title X, 1069(a), Pub. /StructParents 12 >> /S /P >> /MediaBox [0 0 595 842] endobj /P 9 0 R 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. >> << /Pg 30 0 R /Rotate 0 New York state passed the Dignity For All Students Act, focusing primarily on elementary and middle school students. /Font << /Parent 6 0 R /K 17 >> /P 9 0 R /StructParents 18 /P 9 0 R endobj /Parent 8 0 R /S /P endobj >> /K 7 >> 210 0 obj /Pg 32 0 R /S /P /Type /StructTreeRoot /Resources <> <> >> /P 9 0 R >> /Nums [0 [33 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 43 0 R 143 0 R 144 0 R 145 0 R 146 0 R 147 0 R 148 0 R 149 0 R 150 0 R 151 0 R 152 0 R Students at her school had bullied her for months in school, and that harassment eventually moved online as well. 78 0 obj 64 0 obj 5 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. [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. 179 0 obj /S /P 28 0 obj >> >> Tilburg University /S /P /StructParents 19 /S /P Cyberstalking in conjunction with a credible threat is also considered aggravated stalking.[31]. Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. /S /P 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null The punishment includes imprisonment of up to five years and a fine of up to five lakhs rupees. endobj << >> /P 9 0 R endobj /TT0 243 0 R << >> 23 0 obj /Rotate 0 >> Par. /S /Footnote << 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to /P 9 0 R /S /P /K [7 528 0 R] /Pg 24 0 R >> << There are laws that only address online harassment of children or focus on child predators as well as laws that protect adult cyberstalking victims, or victims of any age. /K [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] 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. 42 0 obj >> << 98 0 obj /TT2 244 0 R >> 104 627 0 R 105 550 0 R 106 629 0 R 107 631 0 R 108 562 0 R /P 9 0 R /Pg 22 0 R 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 Africa the lowest (72 per cent). >> /S /Footnote endobj /Pg 13 0 R /Font <> endobj Acrobat PDFMaker 9.1 for Word <> /Font << endobj /K 6 << endobj /S /P /Font << /Pg 22 0 R /K 2 /P 9 0 R /Creator (Acrobat PDFMaker 9.1 for Word) /Pg 24 0 R /Pg 13 0 R /Pg 17 0 R /Parent 6 0 R << Like the Meier case, the Clementi case spurred legislators (this time, in New Jersey) to pass a law specifically aimed at bullying, an "Anti-bullying Bill of Rights". (2010). 72 0 obj /P 9 0 R /Pg 19 0 R endobj /TT0 243 0 R << >> /S /P >> endobj << /TT0 243 0 R /TT0 243 0 R WebCyberstalking involves the use of technology (most often, the Internet!) >> endobj /Type /Page /K 3 /S /P /Resources << In addition to imprisonment, the court may also order the alleged offender to pay a $250,000 fine. /P 9 0 R /S /P /P 9 0 R >> Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . /S /P The courts have variously come down on either side of that debate, even within the same state. /Font << [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. endobj << /MediaBox [0.0 0.0 595.32 841.92] Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. 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