international cyberstalking laws
endobj << endobj 94 526 0 R 95 527 0 R 96 529 0 R 97 530 0 R 98 531 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 endobj /Rotate 0 << /K [1 465 0 R 32 466 0 R 34] Also, law enforcement officers must be trained to deal with Law Order 183 0 obj >> [23] It also lists those states that do not have laws yet and related laws from other countries. endobj According to "Who@: Working to Halt Online Abuse": (a) Harassment through electronic communications is the use of electronic communication for any of the following /P 9 0 R /MediaBox [0.0 0.0 595.32 841.92] << /MediaBox [0.0 0.0 595.32 841.92] 197 0 obj 129 0 obj >> /ColorSpace << /K 10 /Type /Page /K 3 182 0 obj Students at her school had bullied her for months in school, and that harassment eventually moved online as well. << Nothing; existing stalking laws can apply. /P 9 0 R /P 9 0 R >> /P 9 0 R /P 9 0 R 128 0 obj The courts have variously come down on either side of that debate, even within the same state. /Pg 22 0 R << << /P 9 0 R << /TT2 258 0 R /Pg 27 0 R /Parent 6 0 R /S /P "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. >> /TT0 243 0 R Download PDF. /S /P 154 0 obj /Font << New Media & Society, 4(1), 71-92. << 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R endobj /ColorSpace << << endobj Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. 153 0 obj >> >> >> << [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. endobj /P 9 0 R [29] In addition, Section 1708.7 of the California Civil Code outlines grounds for an individual suing their cyberstalker and any accomplices for general damages, special damages, and punitive damages for cyberstalking. /S /Footnote /P 9 0 R /Parent 3 0 R Web144 Green Acres Ln, PO Box 111, Green Mountain, NC 28740 . /Pg 21 0 R >> >> >> << /K 5 152 0 obj /TT2 285 0 R >> /K 6 /Resources << >> Florida also has an aggravated cyberstalking law. << /Contents 356 0 R /Pg 22 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 Cyberstalking is the act of persistent and unwanted contact from someone online. /Title (International \(cyber\)stalking: impediments to investigation and prosecution) << /P 9 0 R 112 0 obj /Font << << << /S /P /P 9 0 R /TT1 285 0 R /Type /Page >> 56 0 obj 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). >> In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." /P 9 0 R /Contents 330 0 R WebInstead of laws specifically covering cyberstalking and cyberharassment, most countries use stalking and/or harassment laws to prosecute the perpetrators of these cybercrimes. Cybercrimes are a relatively new area of law, and regulations continue to evolve. 2020Pub. 21 581 0 R 22 359 0 R 23 364 0 R 24 365 0 R /S /P 20 0 obj endobj 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. 3 [62 0 R 64 0 R 65 0 R null 393 0 R null 394 0 R null 395 0 R null 46 0 obj endobj /S /P endobj /K [8 415 0 R 28] /P 9 0 R 148 0 obj /CropBox [0.0 0.0 595.32 841.92] /Pg 30 0 R 52 0 obj /Parent 8 0 R /P 9 0 R << The bill would also enable the U.S. Department of Education to provide training to institutes of higher education to prevent or address harassment. /Pg 30 0 R endobj >> 170 0 obj 120 0 R 484 0 R 120 0 R 485 0 R 121 0 R 486 0 R 121 0 R] << << << 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R << endobj The list model lists types of offences and provides certainty, but is rather restrictive. >> /S /P 121 0 R 122 0 R null 476 0 R null 477 0 R null 478 0 R null 479 0 R /CS0 [/ICCBased 241 0 R] WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. /Kids [219 0 R 220 0 R 221 0 R] 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R 76 0 R] Web18 U.S. Code 2261A - Stalking. /S /Footnote /ColorSpace << /S /P endobj >> << /S /P << endobj 72 0 obj /MediaBox [0.0 0.0 595.32 841.92] /Pg 22 0 R 16, pp. endobj /P 9 0 R >> >> << /S /P /Pg 22 0 R /TT2 244 0 R /S /P /S /P /K 4 /K [447 0 R 448 0 R 449 0 R 450 0 R 451 0 R] 195 0 obj /Parent 7 0 R /P 9 0 R /Rotate 0 135 0 obj >> /P 9 0 R << /K 3 /S /P /Pg 14 0 R /ColorSpace << /P 9 0 R << endobj /K 5 /K 1 /Parent 6 0 R >> /Pg 16 0 R Indian Journal of Criminology & Criminalistics, 31(1), 16 30. /K [11 487 0 R 488 0 R 489 0 R] 38 0 obj >> endobj /P 9 0 R /P 9 0 R /P 9 0 R Cyberstalking a child under the age of 16 or a person of any age for which the offender has been ordered by the courts not to contact is considered "aggravated stalking," a third degree felony under Florida law. 207 0 obj endobj endobj /MediaBox [0.0 0.0 595.32 841.92] /Type /Page /S /P /S /P endobj /S /P endobj /K [2 541 0 R 30 542 0 R 32 543 0 R 34] /TT1 245 0 R endstream /Pg 30 0 R 215 0 obj /Pg 32 0 R /Pg 15 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. endobj /S /P /P 9 0 R >> /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] Spitzberg, B. H., & Hoobler, G. (2002). endobj /K [476 0 R 477 0 R 478 0 R 479 0 R 480 0 R 481 0 R] /CS0 [/ICCBased 241 0 R] /Contents 342 0 R /Annots [317 0 R 318 0 R 319 0 R 320 0 R 321 0 R 322 0 R] 212 0 obj Great Britain had its first cyberstalking conviction in 1999 when a Cambridge graduate was prosecuted in 1999 for harassment by e-mail. Senator Frank Lautenberg (D-NJ) and Representative Rush D. Holt, Jr. (D-NJ-12) introduced the "Tyler Clementi Higher Education Anti-Harassment Act", which would mandate that colleges and universities that receive federal funding have policies in place to address harassmentincluding cyberbullying. Working to Halt /Pg 32 0 R /P 9 0 R /Pg 19 0 R 102 0 obj /Pg 30 0 R 79 0 obj 101 0 obj /K 5 >> endobj /CropBox [0.0 0.0 595.32 841.92] 184 0 obj 48 0 obj /TT0 243 0 R endobj 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] 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. << /Parent 6 0 R >> 26 0 obj /TT0 243 0 R >> 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. 189 0 obj endobj 84 0 obj 222 0 obj Judge Leighton placed an injunction on the law to block its enforcement pending appeal. /S /P 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. << endobj 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 WebEven though there is no federal law on cyberbullying, there absolutely is one that covers cyberstalking. /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] 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 << /Parent 6 0 R /StructParents 4 /P 9 0 R /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] /K 6 /K [8 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] endobj 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 << Browse; Reporter N.C. App. /K 13 /Pg 25 0 R /XObject << >> << Abstract endobj endobj /P 9 0 R /Pg 15 0 R 159 0 obj /Font << endobj /K 5 endobj 108 0 obj >> 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 /K 12 61 0 obj /S /P /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] >> 66 0 obj 176 0 obj >> L. 1134 not effective until the beginning of the fiscal year following Mar. >> endobj /S /P /Pg 25 0 R /K 1 /P 9 0 R endobj /K [9 482 0 R 28 483 0 R 30 484 0 R 32] /P 9 0 R /K 16 /S /P 113 0 obj /S /P null 536 0 R null 537 0 R null 538 0 R null 539 0 R null 540 0 R >> Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . /P 9 0 R In the United States, cyberstalking is a crime, however; legislation defining cyberstalking and cyberbullying is lacking at the federal level. As such, its generally criminalized under U.S. harassment, anti-stalking, and slander laws. endobj %PDF-1.5 Opponents of the bill argue that since the target of such legislation is nominally teenagers, this would put an undue burden on the prison systemsince there are no long-term facilities for teenage offenders at the federal level. >> /S /Footnote [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]. >> >> >> /Pg 19 0 R /P 9 0 R /P 9 0 R /Pg 30 0 R >> /Pg 27 0 R /StructParents 15 /P 9 0 R 55 0 obj 7-39). [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. Pub. 53 0 obj >> /Pg 15 0 R /P 9 0 R /S /P << /K 4 /S /Footnote << >> /K [419 0 R 420 0 R 421 0 R 422 0 R 423 0 R] << WebCyberstalking's definition is quite simply, the use of the internet, or other electronic means, to harass and intimidate a selected victim. << 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. /P 9 0 R 110 0 obj 109 0 R 470 0 R 109 0 R 471 0 R 109 0 R 472 0 R 109 0 R] 126 0 obj << /Limits [64 115] /ModDate (D:20110216102938+01'00') /S /Footnote 34 0 obj >> /S /P << /Annots [350 0 R 351 0 R 352 0 R] 171 0 obj >> For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. /DropCap /Figure c/o ISBS, 5804 N.E. /S /P /P 9 0 R /Parent 7 0 R << /Rotate 0 >> 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null /K 1 /K 19 << /K 7 /P 9 0 R /S /P << endobj /Parent 8 0 R << The Department of Homeland Security (DHS) works with other federal agencies to conduct high-impact >> [35], Washington passed one of the first cyberstalking laws in 2004, which states that a person that uses electronic communications with the "intent to harass, intimidate, torment, or embarrass any other person" if they use lewd or obscene language, use language implying physical threats, or repeatedly harass a person; such is treated as a gross misdemeanor. /K 5 >> /Metadata 2 0 R /Rotate 0 << /Pg 20 0 R Earlier this month, we sent an email containing a hypothetical scenario of cyberstalking, based on a number of real cases we have seen, to all the police forces in the UK, the Crown Prosecution Service and (as suggested by two police forces) the Association for Chief Police Officers ( ACPO ). endobj /Creator (Acrobat PDFMaker 9.1 for Word) /K 7 /K [6 550 0 R 17] 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 >> >> 65 0 obj North Carolina State Supreme Court Strikes Down Cyberbullying Statute. endobj /P 9 0 R /S /P 109 0 obj /P 9 0 R /S /P /StructParents 6 << /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 /S /P 186 0 obj /S /P /Pg 19 0 R 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 /S /P << endobj WebCyberstalking Laws. 80 0 obj 25 0 obj /S /P >> /Pg 26 0 R /S /P [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. 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 << Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? /CS0 [/ICCBased 241 0 R] [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 (2008). In the case of Tyler Clementi, who killed himself after video of his homosexual encounter was broadcast on the Internet, prosecutors charged the defendants with invasion of privacy and computer crimes. /Pg 27 0 R /Annots [343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R] >> /S /P Tilburg University /K 3 /P 9 0 R /S /P /P 9 0 R 219 0 obj /Underline /Span ) or https:// means youve safely connected to the .gov website. >> /K 9 Jurisdictional and definitional concerns with computer-mediated interpersonal crimes: An analysis on cyber stalking. L. 115334, 12502(a)(1)(B), inserted ,a pet, a service animal, an emotional support animal, or a horse after to a person and substituted (iii), or (iv) for or (iii). /TT1 245 0 R /Annots [354 0 R] << shall be punished as provided in section 2261(b) or section 2261B, as the case may be. endobj << /MediaBox [0.0 0.0 595.32 841.92] Lurigio and S. Herman (eds. http://www.haltabuse.org/resources/laws/federal.shtml. << >> /P 9 0 R /Type /Page >> << /Pg 15 0 R /P 9 0 R null 360 0 R null 361 0 R null 362 0 R null 363 0 R null 359 0 R >> 424 0 R 81 0 R 425 0 R 82 0 R 426 0 R 82 0 R 427 0 R 82 0 R] /S /P /Resources << 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 /P 9 0 R >> /Type /Pages /TT2 244 0 R >> << /K [4 424 0 R 21] /Font << /Pg 26 0 R /S /P /K [8 371 0 R 372 0 R 373 0 R] << [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. >> >> 217 0 obj 218 0 obj /Resources << /K 2 /Type /Page >> /K 8 Hassalo Street, Portland, OR 97213-3644, United States. null 557 0 R null 558 0 R null 559 0 R null 560 0 R null 561 0 R /S /P A man or a woman committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine. 104 0 obj 131 0 obj It further mandates that school administrators inform parents of bullying that occurs within the schools themselves. << Google Scholar Eck J. E., Clarke R. V. (2003). The law prohibits both online taunting and physical or emotional abuse, and mandates training for faculty and students at schools. >> >> 39 0 obj 9 0 obj /Xf1 227 0 R The other bill, SB 5628, focused on online harassment and was written with the Anti-Defamation League to update the existing law to uphold the First Amendment. /Annots [292 0 R 293 0 R 294 0 R 295 0 R 296 0 R 297 0 R 298 0 R 299 0 R 300 0 R 301 0 R] endobj endobj /TT0 243 0 R /MediaBox [0.0 0.0 595.32 841.92] [21], Finally, it's not uncommon for cyberbullying to be coupled with "traditional", in-person bullying, for example, in the suicide of Phoebe Prince. >> /P 9 0 R << 94 0 obj 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.. 103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R 109 0 R 110 0 R 111 0 R 112 0 R 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 17 0 obj << stream << ), Victims of Crime (3rd edn, California, Thousand Oaks, 2007), pp. << /S /P endobj << /K [7 364 0 R 22 365 0 R 24] /K [9 416 0 R 30 417 0 R] 209 0 obj 137 0 obj endobj endobj /K 2 >> [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. >> /P 9 0 R A cyberstalker acts of out of anger, or a need to control, or gain revenge over another person through threats, fear, and intimidation. /P 9 0 R /Pg 28 0 R /TT0 243 0 R /S /P /S /Sect /Pg 24 0 R /Pg 31 0 R /K 0 /K [10 485 0 R 34 486 0 R 36] 199 0 obj 43 0 R 44 0 R 45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R >> /K 16 /S /P >> << [15], In general, such organizations argue that while the need for legislation against cyberbullying may exist, legislators must take a cautious, reasoned approach to enacting laws, and not rush into creating laws that would curtail speech too much. 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