Cyberstalking
Encyclopedia
Cyberstalking is the use of the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

 or other electronic means to stalk
Stalking
Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...

 or harass an individual, a group of individuals, or an organization. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass. The definition of "harassment" must meet the criterion that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress. Cyberstalking is different from spatial or offline stalking. However, it sometimes leads to it, or is accompanied by it.

Definitions

Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. Technology ethics professor Lambèr Royakkers writes that:

"Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he has no relationship (or no longer has), with motives that are directly or indirectly traceable to the affective sphere. Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)."


CyberAngels has written about how to identify cyberstalking:

When identifying cyberstalking "in the field," and particularly when considering whether to report it to any kind of legal authority, the following features or combination of features can be considered to characterize a true stalking situation: malice
Malice
Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...

, premeditation, repetition, distress
Distress (medicine)
In medicine, distress is an aversive state in which an animal is unable to adapt completely to stressors and their resulting stress and shows maladaptive behaviors...

, obsession
Fixation (psychology)
Fixation: 'concept originated by Sigmund Freud to denote the persistence of anachronistic sexual traits'. Subsequently '"Fixation" acquired a broader connotation...

, vendetta
Feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, or private war, is a long-running argument or fight between parties—often groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted or wronged by another...

, no legitimate purpose, personally directed, disregarded warnings to stop, harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...

, and threats.


A number of key factors have been identified:
  • False accusations
    False accusations
    False accusations can be in any of the following contexts:* informally in everyday life* quasi-judicially* judicially.-Types:...

    . Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms or other sites that allow public contributions, such as Wikipedia or Amazon.com.
  • Attempts to gather information about the victim. Cyberstalkers may approach their victim's friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective. They often will monitor the victim's online activities and attempt to trace their IP address in an effort to gather more information about their victims.
  • Encouraging others to harass the victim. Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his/her family in some way, or may post the victim's name and telephone number in order to encourage others to join the pursuit.
  • False victimization. The cyberstalker will claim that the victim is harassing him/her. Bocij writes that this phenomenon has been noted in a number of well-known cases.
  • Attacks on data and equipment. They may try to damage the victim's computer by sending viruses.
  • Ordering goods and services. They order items or subscribe to magazines in the victim's name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim's workplace.
  • Arranging to meet. Young people face a particularly high risk of having cyberstalkers try to set up meetings between them.

Of women

Harassment and stalking of women online is common, and can include rape threats and other threats of violence, as well as the posting of women's personal information. It is blamed for limiting victims' activities online or driving them offline entirely, thereby impeding their participation in online life and undermining their autonomy, dignity, identity and opportunities.

Of intimate partners

Cyberstalking of intimate partners is the online harassment of a current or former spouse, boyfriend, girlfriend or significant other. It is a form of domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

, and experts say its purpose is to control the victim in order to encourage social isolation and create dependency. Harassers may send repeated insulting or threatening e-mails to their victims, monitor or disrupt their victims' e-mail use, and use the victim's account to send e-mails to others posing as the victim or to purchase good or services the victim doesn't want. They may also use the internet to research and compile personal information about the victim, to use in order to harass her.

By anonymous online mobs

Web 2.0 technologies have enabled online groups of anonymous people to self-organize to target individuals with online defamation, threats of violence and technology-based attacks. These include publishing lies and doctored photographs, threats of rape and other violence, posting sensitive personal information about victims, e-mailing damaging statements about victims to their employers, and manipulating search engines to make damaging material about the victim more prominent. Victims are often women, people of colour, gays and lesbians, religious minorities and members of other traditionally disadvantaged groups. They frequently respond by adopting pseudonyms or going offline entirely. A notable example of online mob harassment was the experience of American software developer
Software developer
A software developer is a person concerned with facets of the software development process. Their work includes researching, designing, developing, and testing software. A software developer may take part in design, computer programming, or software project management...

 and blogger Kathy Sierra
Kathy Sierra
Kathy Sierra is a programming instructor and game developer.She is the co-creator of the Head First series of books on technical topics, along with her partner, Bert Bates. The series, which began with Head First Java in 2003, takes an unorthodox, visually intensive approach to the process of...

. In 2007, a group of anonymous individuals attacked Sierra, threatening her with rape and strangulation, publishing her home address and Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...

 number, and posting doctored photographs of her. Frightened, Sierra cancelled her speaking engagements and shut down her blog, writing “I will never feel the same. I will never be the same.”

Experts attribute the destructive nature of anonymous online mobs to group dynamics
Group dynamics
Group dynamics refers to a system of behaviors and psychological processes that occur within a social group , or between social groups...

, saying that groups with homogeneous views tend to become more extreme as members reinforce each other's beliefs, they fail to see themselves as individuals, so they lose a sense of personal responsibility for their destructive acts, they dehumanize their victims, which makes them more willing to behave destructively, and they become more aggressive when they believe they are supported by authority figures. Internet service providers and website owners are sometimes blamed for not speaking out against this type of harassment.

Corporate cyberstalking

Corporate cyberstalking is when a company harasses an individual online, or an individual or group of individuals harasses an organization. Motives for corporate cyberstalking are ideological, or include a desire for financial gain or revenge.

Profile

Preliminary work by Leroy McFarlane and Paul Bocij has identified four types of cyberstalkers: the vindictive cyberstalkers noted for the ferocity of their attacks; the composed cyberstalker whose motive is to annoy; the intimate cyberstalker who attempts to form a relationship with the victim but turns on them if rebuffed; and collective cyberstalkers, groups with motive.
According to Antonio Chacón Medina, author of Una nueva cara de Internet, El acoso ("A new face of the Internet: stalking"), the general profile of the harasser is cold, with little or no respect for others. The stalker is a predator who can wait patiently until vulnerable victims appear, such as women or children, or may enjoy pursuing a particular person, whether personally familiar to them or unknown. The harasser enjoys and demonstrates their power to pursue and psychologically damage the victim.

Behaviors

Cyberstalkers meet or target their victims by using search engine
Search engine
A search engine is an information retrieval system designed to help find information stored on a computer system. The search results are usually presented in a list and are commonly called hits. Search engines help to minimize the time required to find information and the amount of information...

s, online forums, bulletin and discussion boards, chat room
Chat room
The term chat room, or chatroom, is primarily used by mass media to describe any form of synchronous conferencing, occasionally even asynchronous conferencing...

s, and more recently, through online communities such as MySpace
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....

, Facebook
Facebook
Facebook is a social networking service and website launched in February 2004, operated and privately owned by Facebook, Inc. , Facebook has more than 800 million active users. Users must register before using the site, after which they may create a personal profile, add other users as...

, Bebo
Bebo
Bebo is a social networking website launched in July 2005. It is currently owned and operated by Criterion Capital Partners after taking over from AOL in June 2010....

, Friendster
Friendster
Friendster is a social gaming site that is based in Malaysia, KL. The company now operates mainly from the three Asian countries namely in the Philippines, Malaysia and Singapore....

, Twitter
Twitter
Twitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...

, and Indymedia, a media outlet known for self-publishing. They may engage in live chat harassment or flaming or they may send electronic viruses and unsolicited e-mails. Victims of cyberstalking may not even know that they are being stalked. Cyberstalkers may research individuals to feed their obsessions and curiosity. Conversely, the acts of cyberstalkers may become more intense, such as repeatedly instant messaging their targets.

More commonly they will post defamatory or derogatory statements about their stalking target on web pages, message boards and in guest books designed to get a reaction or response from their victim, thereby initiating contact. In some cases, they have been known to create fake blogs in the name of the victim containing defamatory or pornographic content.

When prosecuted, many stalkers have unsuccessfully attempted to justify their behavior based on their use of public forums, as opposed to direct contact. Once they get a reaction from the victim, they will typically attempt to track or follow the victim's internet activity. Classic cyberstalking behavior includes the tracing of the victim's IP address
IP address
An Internet Protocol address is a numerical label assigned to each device participating in a computer network that uses the Internet Protocol for communication. An IP address serves two principal functions: host or network interface identification and location addressing...

 in an attempt to verify their home or place of employment.

Some cyberstalking situations do evolve into physical stalking, and a victim may experience abusive and excessive phone calls, vandalism, threatening or obscene mail, trespassing, and physical assault. Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.

A 2007 study, led by Paige Padgett from the University of Texas Health Science Center, found that there was a false degree of safety assumed by women looking for love online.

Cyberstalkers find their victims by using search engines, forums, chats, and more recently, through social networking sites.

United States

The current US Federal Anti-Cyber-Stalking law is found at 47 USC sec. 223.

The first U.S. cyberstalking law went into effect in 1999 in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

. Other states include prohibition against cyberstalking in their harassment or stalking legislation. In Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, HB 479 was introduced in 2003 to ban cyberstalking. This was signed into law on October 2003.

Some states in the U.S. have begun to address the issue of cyberstalking:
  • Alabama
    Alabama
    Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

    , Arizona
    Arizona
    Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

    , Connecticut
    Connecticut
    Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

    , Hawaii
    Hawaii
    Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

    , Illinois
    Illinois
    Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

    , New Hampshire
    New Hampshire
    New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

    , and New York
    New York
    New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

     have included prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation.
  • Alaska
    Alaska
    Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

    , Florida
    Florida
    Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

    , Oklahoma
    Oklahoma
    Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

    , Wyoming
    Wyoming
    Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...

    , and California
    California
    California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

    , have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws.
  • Texas
    Texas
    Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

     enacted the Stalking by Electronic Communications Act, 2001.
  • Missouri
    Missouri
    Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

     revised its state harassment statutes to include stalking and harassment by telephone and electronic communications (as well as cyber-bullying
    Cyber-bullying
    Cyber-bullying is the use of the Internet and related technologies to harm other people, in a deliberate, repeated, and hostile manner. As it has become more common in society, particularly among young people, legislation and awareness campaigns have arisen to combat it.-Definition:The term...

    ) after the Megan Meier suicide case of 2006
    Suicide of Megan Meier
    Megan Taylor Meier , was an American teenager from Dardenne Prairie, Missouri, who committed suicide by hanging three weeks before her fourteenth birthday. A year later, Meier's parents prompted an investigation into the matter and her suicide was attributed to cyber-bullying through the social...

    .
  • A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications.
  • Other states have laws other than harassment or anti-stalking statutes that prohibit misuse of computer communications and e-mail, while others have passed laws containing broad language that can be interpreted to include cyberstalking behaviors


Cyberstalking has also been addressed in recent U.S. federal law. For example, the Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...

, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. Still, there remains a lack of legislation at the federal level to specifically address cyberstalking, leaving the majority of legislative prohibitions against cyberstalking at the state level.

Most stalking laws require that the perpetrator make a credible threat of violence against the victim; others include threats against the victim's immediate family; and still others require the alleged stalker's course of conduct constitute an implied threat. While some conduct involving annoying or menacing behavior might fall short of illegal stalking, such behavior may be a prelude to stalking and violence and should be treated seriously.

Online identity stealth blurs the line on infringement of the rights of would-be victims to identify their perpetrators. There is a debate on how internet use can be traced without infringing on protected civil liberties.

Australia

In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, the Stalking Amendment Act (1999) includes the use of any form of technology to harass a target as forms of "criminal stalking."

United Kingdom

In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, the Malicious Communications Act (1998) classified cyberstalking as a criminal offense.

Spain

In Spain, it is possible to provide information about cyber-crime in an anonymous way to four safety bodies:
  • Grupo de Delitos Telemáticos of the Civil Guard (Spain)
    Civil Guard (Spain)
    The Civil Guard is the Spanish gendarmerie. It has foreign peace-keeping missions and maintains military status and is the equivalent of a federal military-status police force. As a police force, the Guardia Civil is comparable today to the French Gendarmerie, the Italian Carabinieri and the...

  • Brigada de Investigación Tecnológica of the National Police Corps of Spain
  • Mossos d'Esquadra
    Mossos d'Esquadra
    The Mossos d'Esquadra are the police force of Catalonia, one of the autonomous communities of Spain. It is the oldest civil police force in Europe, founded in the 18th century as the Esquadres de Catalunya to protect the people of Catalonia....

     in Catalonia
    Catalonia
    Catalonia is an autonomous community in northeastern Spain, with the official status of a "nationality" of Spain. Catalonia comprises four provinces: Barcelona, Girona, Lleida, and Tarragona. Its capital and largest city is Barcelona. Catalonia covers an area of 32,114 km² and has an...

  • Ertzaintza
    Ertzaintza
    The Ertzaintza , is the police force of the Basque Country, one of the autonomous communities of Spain. An Ertzaintza member is an ertzaina .- Origins :...

     in Euskadi


It is also possible to provide information to an NGO.

See also

  • Computer crime
    Computer crime
    Computer crime, or cybercrime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers to criminal exploitation of the Internet. Such crimes may threaten a nation’s security and financial health...

  • Cyberbullying
  • Cyberspace
    Cyberspace
    Cyberspace is the electronic medium of computer networks, in which online communication takes place.The term "cyberspace" was first used by the cyberpunk science fiction author William Gibson, though the concept was described somewhat earlier, for example in the Vernor Vinge short story "True...

  • Cyberterrorism
  • Convention on cybercrime
    Convention on Cybercrime
    The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or just the Budapest Convention, is the first international treaty seeking to address Computer crime and Internet crimes by harmonizing national laws, improving investigative techniques and increasing cooperation...

  • DecorMyEyes
    DecorMyEyes
    DecorMyEyes is an online retailer specializing in designer eyeglasses. The site is owned by Vitaly Borker, a Russian-born resident of Sheepshead Bay, Brooklyn, who used the pseudonyms "Tony Russo" and "Stanley Bolds"...

  • Harassment by computer
    Harassment by computer
    Harassment by computer is a crime in several U.S. states . It is distinct from stalking in that stalking typically requires two or more contacts, whereas harassment by computer may be a single incident...

  • Hate group
    Hate group
    A hate group is an organized group or movement that advocates and practices hatred, hostility, or violence towards members of a race, ethnicity, religion, gender, sexual orientation or other designated sector of society...

  • Internet fraud
    Internet fraud
    Internet fraud refers to the use of Internet services to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme....

  • Online dating
  • Online predator
    Online predator
    An online predator is an adult Internet user who exploits vulnerable children or teens, usually for sexual or other abusive purposes.Online victimization of minors can include child grooming, requests to engage in sexual activities or discussions by an adult, unwanted exposure to sexual material ,...

  • Stalker (Stalking)
    Stalker (stalking)
    A stalker is someone who engages in stalking. The harassment may be physical, psychological, or through the use of Information and communications technology , i.e., internet or phone.-Types of stalkers by environment in which harassment occurs:...

  • ToS violation

Further reading

  • Bocij, Paul. Cyberstalking : Harassment in the Internet Age and How to Protect Your Family. Praeger Publishers, 2004. (ISBN 0-275-98118-5)
  • Ellison, Louise and Yaman Akdeniz. "Cyber-stalking: the Regulation of Harassment on the Internet." Criminal Law Review, December 1998 Special Edition Crime, Criminal Justice and the Internet, pp 29-48.
  • Meloy, J. The Psychology of Stalking. Reid. Academic Press, 2000. (ISBN 0-12-490561-7)
  • Mullen, Paul E.; Pathé, Michele; Purcell, Rosemary. Stalkers and Their Victims. Cambridge University Press, 2000. (ISBN 0-521-66950-2)
  • Hitchcock, J.A., Net Crimes & Misdemeanors: Outmaneuvering the Spammers, Swindlers, and Stalkers Who Are Targeting You Online CyberAge Books, 2006. (ISBN 0-910-96572-2)
  • PDF article on Cyberstalking in the United Kingdom
  • Crime Library: Cyberstalking
  • Cyberstalking – Is it Covered by Current Anti-Stalking Laws? by Craig Lee and Patrick Lynch

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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