international cyberstalking laws

118 0 obj null 629 0 R 630 0 R 631 0 R 630 0 R 562 0 R 155 0 R 563 0 R 155 0 R 564 0 R >> First Amendment concerns often arise when questionable speech is uttered or posted online. /K [0 367 0 R 15 368 0 R 17] /K 15 184 0 obj /K 7 25 0 obj >> /P 9 0 R /P 9 0 R /S /P /S /P << /Resources << >> >> /Parent 6 0 R /Pg 32 0 R endobj /S /P /P 9 0 R >> /K [0 359 0 R 20] New York state passed the Dignity For All Students Act, focusing primarily on elementary and middle school students. << /Pg 31 0 R /Metadata 2 0 R << >> endobj /S /P 112 0 obj endobj /Pg 24 0 R /S /P /Parent 8 0 R WebAs a first degree misdemeanor, cyberstalking in Florida is punishable by up to 12 months in county jail and up to a $1000 fine. >> endobj /K 6 Her efforts were met with little enthusiasm, however, as Representatives from both the Republican and Democratic parties were concerned with the bill's impact on the freedom of speech. /K 6 /S /P 116 0 obj << /P 9 0 R States that have passed legislation have done so generally in response to incidents within that state, to address what they believe to be shortcomings in federal laws, or to expand protection to victims above and beyond existing statutes. [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 /Contents 222 0 R /Font << endobj 424 0 R 81 0 R 425 0 R 82 0 R 426 0 R 82 0 R 427 0 R 82 0 R] WebCyberstalking involves the use of technology (most often, the Internet!) 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. 73 0 obj >> /P 9 0 R endobj Google Scholar Eck J. E., Clarke R. V. (2003). << >> 93 0 obj /P 9 0 R Stalking a person online may also involve stalking the person in real life. /Resources << 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R /S /P /K 2 endobj /P 9 0 R >> << /Pg 22 0 R % endobj << endobj /S /Sect /K [476 0 R 477 0 R 478 0 R 479 0 R 480 0 R 481 0 R] /Kids [219 0 R 220 0 R 221 0 R] /Annots [350 0 R 351 0 R 352 0 R] << 177 0 obj /K [556 0 R 557 0 R 558 0 R 559 0 R 560 0 R 561 0 R] 167 0 obj 217 0 obj /P 9 0 R /TT2 245 0 R 66 0 obj << >> 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] << The Department of Homeland Security (DHS) works with other federal agencies to conduct high-impact 82 0 obj /Pg 14 0 R /P 9 0 R /K 1 /Pg 30 0 R endobj /P 9 0 R 95 0 obj /CS0 [/ICCBased 241 0 R] /P 9 0 R /S /P << /K [7 364 0 R 22 365 0 R 24] Amendment by Pub. 94 526 0 R 95 527 0 R 96 529 0 R 97 530 0 R 98 531 0 R /K 20 >> /Parent 7 0 R Davis, A.J. /P 9 0 R /S /P /P 9 0 R [40] III. >> 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 << Lurigio and S. Herman (eds. /P 9 0 R >> 96 0 obj /K 2 /K [4 428 0 R 33 429 0 R 35 430 0 R 37] /Pg 30 0 R 22 0 obj 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 endobj /P 9 0 R /P 9 0 R >> 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 >> /S /P endobj /S /Footnote 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 Nappinai, N, S. (2010). /TT0 243 0 R /S /Footnote << /TT0 243 0 R /Length 1250 /P 9 0 R /S /P 34 0 obj [33], As noted previously, in 2008 Missouri revised its statutes on harassment to include harassment and stalking through electronic and telephonic communications and cyber-bullying after the suicide of Megan Meier.[34]. /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] /K 5 /S /P 206 0 obj /Parent 8 0 R /S /P /ModDate (D:20110216102938+01'00') 122 0 obj /CS0 [/ICCBased 241 0 R] 55 0 R 384 0 R 56 0 R 385 0 R 56 0 R 386 0 R 56 0 R 387 0 R 56 0 R 388 0 R /Pg 31 0 R /P 9 0 R /TT1 245 0 R /StructParents 19 << /S /Footnote << << /Type /Page >> 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 >> /Pg 14 0 R /Annots [286 0 R 287 0 R 288 0 R 289 0 R 290 0 R] 144 0 obj /K [22 452 0 R 46] /S /P 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. /Pg 13 0 R A lock ( endobj /P 9 0 R /S /P /P 9 0 R << /S /P However, this is limited to the victims of family violence. /K 15 [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /K [8 371 0 R 372 0 R 373 0 R] /Pg 32 0 R >> /P 9 0 R << endobj 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. << /P 9 0 R endobj >> /ParentTree 10 0 R /Chart /Figure /S /Footnote endobj >> /S /Footnote >> /TT1 245 0 R /P 9 0 R /Pg 32 0 R /Pg 28 0 R California passed the first cyberstalking law in 1999. /S /P << /Type /Catalog 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. endobj /P 9 0 R /S /P endobj 30 0 obj 401 0 R null 389 0 R 62 0 R 390 0 R 62 0 R 391 0 R 62 0 R 392 0 R 62 0 R Cyberstalkers can use chat rooms to slander and endanger their victims. [41] /K 3 /S /P 16, pp. /P 9 0 R /S /P India's Information Technology Act of 2000 (IT Act) was a set of laws to regulate the cyberspace. 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 /Pg 20 0 R /K 1 /Pg 17 0 R /Resources << /Filter /FlateDecode 101 0 obj /Parent 8 0 R 211 0 obj 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 /K [3 468 0 R 38] L. 116249 substituted section 2261(b) or section 2261B, as the case may be for section 2261(b) of this title in concluding provisions. 47 414 0 R 48 415 0 R 49 416 0 R 50 418 0 R 51 424 0 R /P 9 0 R Texas enacted the Stalking by Electronic Communications Act in 2001. /Pg 31 0 R endobj 5 0 obj /S /P >> 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 89 0 obj endobj 195 0 R 196 0 R 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R 202 0 R 203 0 R 204 0 R] >> /K [1 496 0 R 19 497 0 R 21 498 0 R 23] endobj 2018Par. >> << /K 10 106 0 obj >> 104 627 0 R 105 550 0 R 106 629 0 R 107 631 0 R 108 562 0 R The federal penalties for cyberstalking are up to five years in prison without the possibility of parole at a minimum. >> endobj 171 0 obj >> /Pg 31 0 R null 380 0 R null 381 0 R null 582 0 R 583 0 R 382 0 R 55 0 R 383 0 R >> null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R << 25 366 0 R 26 367 0 R 27 368 0 R 28 582 0 R 29 382 0 R << << /SourceModified (D:20110216092838) /P 9 0 R /K 5 /P 9 0 R >> endobj /K 10 >> /Contents 302 0 R /K [6 515 0 R] /S /P >> 191 0 obj 69 470 0 R 70 471 0 R 71 472 0 R 72 621 0 R 73 482 0 R << [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. /Resources << /S /Table endobj /StructParents 2 << endobj endobj /A 434 0 R /TT1 258 0 R /K 12 Under 18 U.S.C. 129 0 obj /P 4 0 R null 529 0 R 141 0 R 530 0 R 141 0 R 531 0 R 141 0 R 532 0 R 141 0 R 541 0 R /TT1 244 0 R /Pg 32 0 R In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. << /Keywords () << /Pg 24 0 R 86 0 obj Pittaro M. L. (2007). >> /P 9 0 R /Contents 356 0 R A .gov website belongs to an official government organization in the United States. /Contents 358 0 R WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. /P 9 0 R >> L. 106386 reenacted section catchline without change and amended text generally. /TT1 245 0 R >> /P 9 0 R endobj endobj /K [1 562 0 R 26 563 0 R 28] endobj /Font << 59 0 obj /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] /K [2 418 0 R 19] 77 0 obj L. 106386, div. << Indian Journal of Criminology & Criminalistics, 31(1), 16 30. endobj 79 0 obj )[25] Its first use resulted in a six-year sentence for a man who harassed a woman who could identify him. 198 0 obj 169 0 obj /K 3 /P 9 0 R The law also requires schools to create policies to address bullying in a general sense.[40][41]. << endobj 138 0 obj de la Paix, 1211 Geneva 10, Switzerland, Welcome to the United Nations Conference on Trade and Development. /Pg 28 0 R /Marked true 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. 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). << endobj >> /P 9 0 R Halder, D. & Jaishankar, K. (2008). << 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. >> << /TT3 258 0 R endobj /Parent 7 0 R /Rotate 0 7 0 obj /P 9 0 R /P 9 0 R >> WebAnnotate this Case. /S /P /P 9 0 R 139 0 obj endobj >> /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. /P 9 0 R /Pg 31 0 R >> /P 9 0 R /S /P /S /P endobj >> /K 5 154 0 obj /P 9 0 R Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. 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. (iv). endobj /S /P 2. 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 128 0 obj 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] << /P 9 0 R This page was last edited on 28 November 2022, at 19:31. endobj >> 185 0 R null 578 0 R null 635 0 R 636 0 R] Volume 96 96 N.C. App. 126 0 obj 2 0 obj 147 0 obj [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. /S /Footnote endobj 90 0 obj Federal Criminal Cyberstalking Statutes [13] Both section 2261A(2) and section 875(c) are federal criminal statutes used to prosecute cyberstalking cases. endobj Bishop. >> WebCyberstalking Laws. 204 0 obj Webcyber stalking as online harassment, which may include various digitally harassing 6 Heena Keswani, Cyber Stalking: A Critical Study, Bharati Law Review.131, 131-32 (2017). /Type /StructTreeRoot /Pg 30 0 R 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. >> /K 2 123 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 28 0 R In early March 2011, U.S. 19 0 obj /Font << /Annots [246 0 R 247 0 R] /P 9 0 R >> /K 13 /P 9 0 R /K 16 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. endobj endobj /P 9 0 R [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. /P 9 0 R endobj << /K 5 /StructParents 13 >> stream 4203] increases penalties related to the stalking of minors. /MediaBox [0.0 0.0 595.32 841.92] Cyberstalking: A new challenge for law enforcement and industry. >> Australia does not have specific cyberbullying legislation, although the scope of existing laws can be extended to deal with cyberbullying. 15 0 obj /K [9 416 0 R 30 417 0 R] /P 9 0 R << endobj /Pg 28 0 R /P 9 0 R endobj /S /P >> 142 0 obj /Font << /K 4 << 173 0 obj 39 0 obj 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 ). The legislation provides enhanced criminal penalty for stalkers of minors under Title 18 Section 2261 by up to five years if the victim is a minor. /S /P /P 9 0 R /Pg 27 0 R >> 170 0 obj << >> 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 /Resources << null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R 164 0 obj >> /S /P /Resources << 186 0 obj /Pg 32 0 R /S /P In addition, prosecutors will sometimes use other legal avenues to prosecute offenders. /K [11 487 0 R 488 0 R 489 0 R] /Parent 8 0 R 3. [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. 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. /Rotate 0 /CS0 [/ICCBased 241 0 R] /CS1 [/ICCBased 242 0 R] endobj /P 9 0 R /TT0 243 0 R /S /P 188 0 obj /CS1 [/ICCBased 242 0 R] 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /K [21 444 0 R 40 445 0 R 42 446 0 R 44] /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] /S /P /Pg 25 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. The jury eventually found Drew innocent of the charges (but guilty of a misdemeanor), a verdict that was later set aside by the judge. << /K 8 /S /P endobj endobj << << endobj /S /P << /Parent 7 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 >> /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] >> 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.. /K 3 /K 6 >> L. 115334, title XII, 12502(a)(1). /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] endobj >> >> /S /P 49 0 obj /P 9 0 R >> /P 9 0 R /Pg 21 0 R /Pg 30 0 R 72 0 obj /Pg 23 0 R >> endobj << An official website of the United States government, Department of Justice. /S /P << /S /P /Rotate 0 /Pg 15 0 R /F2 224 0 R /CropBox [0.0 0.0 595.32 841.92] /K [4 469 0 R 40 470 0 R 42 471 0 R 44 472 0 R 46] /Pg 31 0 R /K [20 579 0 R] /K [8 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] 187 0 obj 199 0 obj endobj >> /S /Footnote /TT0 243 0 R << endobj /S /P /Pg 14 0 R >> /Pg 32 0 R /S /P >> However, like the Megan Meier Cyberbullying Prevention Act, this bill also has its detractors. /K 4 /K 6 135 0 obj /CropBox [0.0 0.0 595.32 841.92] /S /P Webenacted their anti-stalking laws in 1997 in the form of the Protection from Harassment Act (PHA) 1997 and the New Zealand Harassment Act 1997 respectively. /S /P /P 9 0 R /TT2 244 0 R /P 9 0 R /Type /Pages /P 9 0 R /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] 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. endobj /P 9 0 R endobj << >> endobj /Pg 15 0 R 95-849, eff. 146 0 obj /Pg 17 0 R 83 0 obj << Great Britain had its first cyberstalking conviction in 1999 when a Cambridge graduate was prosecuted in 1999 for harassment by e-mail. endobj /CS1 [/ICCBased 242 0 R] /S /P /Font << Cybercrimes are a relatively new area of law, and regulations continue to evolve. 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