international cyberstalking laws

20 0 obj [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. It often appears as a form of revenge after a fight or breakup. 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R Citation is disfavored, but may be /S /P /ColorSpace << 77 0 obj 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 /Pg 13 0 R endobj /K 10 7-39). 112 0 obj /MediaBox [0.0 0.0 595.32 841.92] /A 434 0 R /Pg 18 0 R /K 16 /Rotate 0 << 3 However, there are other federal laws that can be applied to /CropBox [0.0 0.0 595.32 841.92] /CS1 [/ICCBased 242 0 R] /K 14 /S /P >> << 2006Pub. ", "Free Speech and "Cyber-bullying" | American Civil Liberties Union", "First Amendment and cyber bullying - Global Voices Advocacy", "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law", "Bill targets adults who cyberbully | News", "N.J. << 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. /Font << 114 0 obj /K [2 384 0 R 32 385 0 R 34 386 0 R 36 387 0 R 38] endobj 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. << >> << endobj << endobj /P 9 0 R New York state passed the Dignity For All Students Act, focusing primarily on elementary and middle school students. 137 0 obj endobj >> 6 0 obj 23 0 obj Nappinai, N, S. (2010). /P 9 0 R endobj << 38 0 obj << << << 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. 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. /S /P Cyberstalking and the technologies of interpersonal terrorism. /Contents 248 0 R /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R >> shall be punished as provided in section 2261(b) or section 2261B, as the case may be. 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. /Type /Page /Pg 32 0 R /K [571 0 R 572 0 R 573 0 R] endobj >> /S /P >> << /ModDate (D:20110216102938+01'00') /S /P /K 12 /CropBox [0.0 0.0 595.32 841.92] /TT0 243 0 R /Parent 6 0 R /Rotate 0 /TT2 285 0 R Retrieved October 14, 2019, from. /Type /Page /S /P /P 9 0 R endobj /P 9 0 R 176 0 obj /TT3 258 0 R /Pg 20 0 R null 516 0 R 133 0 R 517 0 R 133 0 R 524 0 R 135 0 R 525 0 R 135 0 R 526 0 R /K 8 /CropBox [0.0 0.0 595.32 841.92] >> /S /P /Pg 20 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). /K [7 566 0 R 567 0 R 568 0 R 569 0 R 570 0 R] Texas enacted the Stalking by Electronic Communications Act in 2001. /Contents 339 0 R << /K 2 /K 16 uuid:d8c3b813-d862-4a2b-984b-af1190141099 182 0 obj /Pg 27 0 R /K 4 /S /P The law prohibits both online taunting and physical or emotional abuse, and mandates training for faculty and students at schools. Also, law enforcement officers must be trained to deal with cyberstalking. endobj 75 0 obj /Pg 32 0 R In addition, opponents call the proposed sentences (up to two years incarceration) excessive. /K [548 0 R 549 0 R] /K [2 418 0 R 19] /P 9 0 R 3 0 obj [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. endobj /Pg 30 0 R /Pg 19 0 R endobj /ColorSpace << >> 610 0 R 611 0 R 612 0 R 613 0 R 614 0 R 615 0 R 616 0 R 617 0 R 618 0 R 619 0 R /S /P /F4 226 0 R >> In a general sense, it would seem simple to legislate this type of behavior; slander and libel laws exist to tackle these situations. >> << L. 1134 amended section generally. >> 154 0 obj endobj 2018Par. Cyberstalkers often have a sophisticated knowledge of computers and the Internet and can "mask" their intimidating e-mails to victims to disguise their origin. >> >> /Pg 30 0 R /Font << >> 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. /P 9 0 R 9 0 obj endobj /StructTreeRoot 4 0 R >> /S /Footnote /Limits [32 63] /P 9 0 R /Parent 6 0 R 18 0 obj endobj >> 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. >> Common characteristics include (but aren't limited to) classic 'stalking' behavior tracking someone's location and monitoring their online and real-world activities. endobj >> 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 /S /P /K 6 /Resources << /K [21 444 0 R 40 445 0 R 42 446 0 R 44] endobj /TT0 243 0 R >> endobj /CS1 [/ICCBased 242 0 R] >> /CS0 [/ICCBased 241 0 R] /Subject () 54 0 obj endobj >> 61 0 R] /K 10 endobj /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] /MediaBox [0 0 595 842] << endobj /S /P >> 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). endobj to make someone else afraid or concerned about their safety [1]. /P 9 0 R /P 9 0 R /Pg 30 0 R << /S /P 168 0 obj /Pg 20 0 R /P 9 0 R << /P 9 0 R /S /P >> >> /Type /Page /TT3 245 0 R As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. uuid:271fb036-f088-4ba0-9cbc-b0d52ee3eb8a /CropBox [0.0 0.0 595.32 841.92] << 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 /Pg 20 0 R In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. << /Parent 6 0 R endobj endobj 31 0 obj [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. >> endobj >> endobj >> 194 0 obj /P 9 0 R /Pg 15 0 R endobj >> /K 1 endobj [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. endobj /Type /Page /Producer (Adobe PDF Library 9.0) /S /P 156 0 R 565 0 R 156 0 R] << 49 0 obj >> /S /Footnote /Link /Span /S /P /Pg 27 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). Indian Journal of Criminology & Criminalistics, 31(1), 16 30. /Annots [229 0 R 230 0 R 231 0 R 232 0 R] >> /Limits [0 31] >> endobj /P 9 0 R /K [9 416 0 R 30 417 0 R] /K 4 >> /Pg 25 0 R endobj Chat-line users may capture, store, and transmit communications to others outside the chat service. /Resources << /K 1 221 0 obj /P 9 0 R Jurisdictional and definitional concerns with computer-mediated interpersonal crimes: An analysis on cyber stalking. 88 0 obj WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. Cyberstalkers can use chat rooms to slander and endanger their victims. The list model lists types of offences and provides certainty, but is rather restrictive. /MediaBox [0.0 0.0 595.32 841.92] >> /K [2 499 0 R 25 500 0 R 27 501 0 R 502 0 R 503 0 R] /K 7 /P 9 0 R endobj /K 18 << /K [7 388 0 R 40] A cyberstalker acts of out of anger, or a need to control, or gain revenge over another person through threats, fear, and intimidation. 219 0 obj /Xf1 227 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. /CropBox [0.0 0.0 595.32 841.92] /K 17 /StructParents 5 /Type /Page 119 0 obj /Parent 6 0 R /CS1 [/ICCBased 242 0 R] /CS0 [/ICCBased 241 0 R] /Type /Pages >> /K 7 endobj >> << /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 UNCTAD - Palais des Nations, 8-14, Av. /P 9 0 R /P 9 0 R /TT2 258 0 R 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. /Font << endobj /P 9 0 R /Rotate 0 >> endobj << endobj /S /P /S /P /Pg 18 0 R endobj /Pg 17 0 R >> >> /S /P << 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. 493 0 R null 494 0 R null 495 0 R null 623 0 R 624 0 R 496 0 R 124 0 R WebEven though there is no federal law on cyberbullying, there absolutely is one that covers cyberstalking. /P 9 0 R endobj /P 9 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 183 0 R 184 0 R /P 9 0 R /Pg 27 0 R /S /P /S /P 101 0 obj 136 0 obj /S /P An official website of the United States government, Department of Justice. /Pg 30 0 R >> /K 4 202 0 obj /Pg 31 0 R endobj /S /P /P 9 0 R /TT0 243 0 R /K 7 /K 5 >> /P 9 0 R >> The evolving cybercrime landscape and resulting skills gaps are a significant challenge for law enforcement agencies and prosecutors, especially for cross-border enforcement. /Pg 15 0 R endobj /P 9 0 R endobj >> /Pg 13 0 R /TT0 243 0 R /ColorSpace << 162 0 obj 106 0 obj /Pg 15 0 R /Limits [64 115] 84 625 0 R 85 510 0 R 86 511 0 R 87 512 0 R 88 513 0 R /S /P endobj >> /Pg 14 0 R /TT0 243 0 R endobj /S /P << 46 0 obj % /S /P 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 >> This case is now considered a landmark in the realm of First Amendment issues on the Internet.[17]. 12 0 obj /Pg 14 0 R 31] 165 0 obj << /Parent 6 0 R 115 0 obj 180 0 obj endobj /P 9 0 R /P 9 0 R /StructParents 20 /K 5 << 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. /S /P >> endstream 199 0 obj >> << [50] Stalking has been defined as a man or woman who follows or contacts a man or woman, despite clear indication of disinterest to such contact by the man or woman, or monitoring of use of internet or electronic communication of a man or a woman. /Pg 25 0 R 33 0 R 364 0 R 41 0 R 365 0 R 41 0 R 366 0 R 42 0 R] This chapter advises that all governments should enact new laws that specifically target electronic stalking activities. 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 >> [40] III. 4203] increases penalties related to the stalking of minors. /CS0 [/ICCBased 241 0 R] /P 9 0 R /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] 191 0 obj endobj 7 0 obj >> /Font << /ColorSpace << /Pg 13 0 R >> >> /Contents 280 0 R More technologically sophisticated e-mail harassers send "mail bombs," which fill a person's mailbox with hundreds or even thousands of unwanted messages in the hope of making the account useless. endobj << 625 0 R 626 0 R 510 0 R 131 0 R 511 0 R 131 0 R 512 0 R 131 0 R 513 0 R 131 0 R << << /Contents 323 0 R application/pdf /S /P /Strikeout /Span >> /Pg 21 0 R L. 115334, title XII, 12502(a)(1). endobj 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to /Pg 14 0 R /TT1 245 0 R /P 9 0 R /Pg 29 0 R /Pg 28 0 R /Pg 16 0 R << 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 << /K 4 >> Web18 U.S. Code 2261A - Stalking. << 62 0 obj /K 25 /TT1 245 0 R /K [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] /Type /Page 143 0 obj /Pg 27 0 R endobj Explanation : Cyberstalking involves using electronic means, including the Internet, to stalk or harass a person or group of people. 62 453 0 R 63 464 0 R] )[25] Its first use resulted in a six-year sentence for a man who harassed a woman who could identify him. << /Kids [6 0 R 7 0 R 8 0 R] 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 [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. /P 9 0 R >> [28] On January 1, 2009, a California law became effective that allows schools to suspend or expel students who harass other students online. << /P 9 0 R 205 0 obj << >> /S /P endobj /Pg 31 0 R endobj /P 9 0 R Tilburg University 177 0 obj 184 0 obj /Pg 26 0 R /S /P 159 0 obj /K 6 endobj 3. /Pg 22 0 R endobj 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 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] /CS0 [/ICCBased 241 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. >> endobj 99 532 0 R 100 541 0 R 101 542 0 R 102 543 0 R 103 544 0 R /P 9 0 R >> << endobj /K [0 464 0 R 30] A qualitative study on the perception of cyber stalking and the adequacy of the anti-stalking law to regulate such crime in Malaysia is somewhat scarce. WebCyberstalking's definition is quite simply, the use of the internet, or other electronic means, to harass and intimidate a selected victim. /S /P 53 0 obj 156 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. endobj /MediaBox [0.0 0.0 595.32 841.92] /CS0 [/ICCBased 241 0 R] /Pg 31 0 R >> /PageLayout /OneColumn /TT0 243 0 R /K [0 407 0 R 22] << /MediaBox [0.0 0.0 595.32 841.92] /Kids [23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R] /S /P 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 /Filter /FlateDecode endobj 171 0 obj /P 9 0 R /P 9 0 R /P 9 0 R /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] Cyberstalking in conjunction with a credible threat is also considered aggravated stalking.[31]. << 18 [164 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R 173 0 R 174 0 R endobj Spitzberg, B. H., & Hoobler, G. (2002). /S /P 183 0 obj /K 1 [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. /StructParents 7 /Resources << /S /Footnote /K 3 /CS0 [/ICCBased 241 0 R] /Subtype /XML >> endobj >> >> >> /P 9 0 R North Carolina Court of Appeals Reports (1963-2014) volume 96. endobj /P 9 0 R However, just as with slander and libel, it is important to balance the protection of freedom of speech of both parties with the need for protection of the target. Iw6'*Tk5?;IOh"q5e>KFqhe5JN:{:24t5Y5F2\(yQ tkn /TextBox /Art endobj /K 6 >> endobj Australia does not have specific cyberbullying legislation, although the scope of existing laws can be extended to deal with cyberbullying. /Type /Page << 149 0 obj >> endobj >> >> /P 9 0 R 130 0 obj /P 9 0 R 133 0 obj /Pg 22 0 R /S /P 595 0 R 596 0 R 597 0 R 598 0 R 599 0 R null 431 0 R null 432 0 R null endobj >> /S /P /Parent 7 0 R >> 39 0 obj endobj 142 0 obj /MediaBox [0.0 0.0 595.32 841.92] & Criminalistics, 31 ( 1 ), 16 30 trained to deal with cyberstalking at preventing harassment! Preventing online harassment of minors is rather restrictive > Web18 U.S. Code 2261A - stalking types of offences provides! Cyberstalkers can use chat rooms to slander and endanger their victims ) excessive ] increases penalties to... Interpersonal terrorism & Criminalistics, 31 ( 1 ), 16 30 23 0 obj,... Be trained to deal with cyberstalking rooms to slander and endanger their victims make! 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