international cyberstalking laws

/S /P /S /P endobj endobj /Pg 19 0 R /Font << >> >> >> 25 366 0 R 26 367 0 R 27 368 0 R 28 582 0 R 29 382 0 R /TT2 245 0 R >> >> /Pg 21 0 R 21 581 0 R 22 359 0 R 23 364 0 R 24 365 0 R endobj /P 9 0 R endobj << /Resources << >> Great Britain had its first cyberstalking conviction in 1999 when a Cambridge graduate was prosecuted in 1999 for harassment by e-mail. << 176 0 obj /P 9 0 R >> 141 0 obj /Pg 17 0 R D:20110216092838 << 505 0 R null 506 0 R null 507 0 R null 508 0 R null 509 0 R null << /Parent 8 0 R /K 12 [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /TT0 243 0 R 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 /K 5 /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] << /K 23 /P 9 0 R /Creator (Acrobat PDFMaker 9.1 for Word) /P 9 0 R 18 0 obj /MediaBox [0.0 0.0 595.32 841.92] /K 7 /S /P (1)(A)(iv). 105 0 obj /K [5 510 0 R 23 511 0 R 25 512 0 R 27 513 0 R 29 514 0 R << /S /P /Pg 15 0 R /TT0 243 0 R endobj endobj /StructParents 1 [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. endobj /Producer (Adobe PDF Library 9.0) Journal of International Commercial Law and Technology, 5(1), 22-27. /TT0 243 0 R /TT1 245 0 R /P 9 0 R /K 5 Texas enacted the Stalking by Electronic Communications Act in 2001. endobj /MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R endobj endobj >> /S /P >> Making any comment, request, suggestion or proposal which is obscene with an intent to offend; Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person; Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device; Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or. 140 0 obj 93 0 R 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R << /Annots [331 0 R 332 0 R 333 0 R 334 0 R 335 0 R 336 0 R 337 0 R 338 0 R] 83 0 R 84 0 R 85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 108 0 obj 64 0 obj /S /P an immediate family member (as defined in section 115) of that person; the pet, service animal, emotional support animal, or horse of that person; << /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. (Source: P.A. 28 0 obj >> The courts have variously come down on either side of that debate, even within the same state. What are the Penalties for Cyberstalking? 163 0 obj /P 9 0 R /Contents 355 0 R /S /P << >> /S /P /StructParents 8 >> 120 0 obj >> /CropBox [0.0 0.0 595.32 841.92] [38][39], Washington takes the approach of putting the focus on cyberbullying prevention and response directly on the schools. /P 9 0 R Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. /PageLayout /OneColumn /Parent 8 0 R /K 15 /TT0 243 0 R << >> /Type /Page /K 6 null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R B, title I, 1107(b)(1), Pub. [16], Internet free speech issues have certainly made their way through the court systems, even as far back as cases from the mid-90s. 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R 40 0 obj << 29 0 obj /Resources << >> >> << This is the Convention on Cybercrime, signed by the Council of Europe in Budapest on November 23, 2001. 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. /S /P 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. 8 0 obj 134 0 obj >> << >> >> << 21 0 obj endobj endobj << << /P 9 0 R 169 0 obj endobj endobj endobj << /ColorSpace << 187 0 obj /K 5 /P 9 0 R ", "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. /Type /Page /K 16 /TT1 258 0 R /TT0 243 0 R /K 9 >> /P 9 0 R endobj 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. Svdraa /K 6 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. << uuid:d8c3b813-d862-4a2b-984b-af1190141099 1 0 obj /P 9 0 R endobj >> 133 0 obj << Nappinai, N, S. (2010). endobj >> endobj 420 0 R null 421 0 R null 422 0 R null 423 0 R null 418 0 R 78 0 R /Kids [18 0 R 19 0 R 20 0 R 21 0 R 22 0 R] >> /Pg 28 0 R /P 9 0 R endobj [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. << endobj endobj /K 3 /StructParents 17 610 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 endobj /Resources << /StructParents 7 106 0 obj /K [6 515 0 R] Pub. endobj << 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). 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 402 0 R 64 0 R 403 0 R 65 0 R 404 0 R 65 0 R 405 0 R 65 0 R 406 0 R 65 0 R] /Contents 356 0 R /TT1 245 0 R /K 2 L. 106386 reenacted section catchline without change and amended text generally. endobj >> /P 9 0 R endobj 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. << Working to Halt [48] In addition, as with the Snchez bill, there are questions as to the free speech implications.[49]. 203 0 R 204 0 R 205 0 R 206 0 R 207 0 R 208 0 R 209 0 R 210 0 R 211 0 R 212 0 R /K 14 endobj << null 407 0 R 66 0 R 413 0 R 74 0 R 414 0 R 74 0 R 415 0 R 75 0 R 416 0 R << L. 104201, div. Under 18 U.S.C. << /Font << /P 9 0 R >> /K 11 /Pg 29 0 R In addition, opponents call the proposed sentences (up to two years incarceration) excessive. 73 0 R 74 0 R 75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R One person (or group), the provocateur, is exerting a view or opinion that the other person (or group), the target, finds offensive, hurtful, or damaging in some way. /Pg 13 0 R /CS1 [/ICCBased 242 0 R] >> Under this statute, cyberstalking includes harassment through the use of electronic communications as well as accessing or attempting to access the online accounts or internet-connected home electronic systems of another person without that persons /TT4 245 0 R endobj /K 9 /Pg 15 0 R /S /P /P 9 0 R /K [1 465 0 R 32 466 0 R 34] /Title (International \(cyber\)stalking: impediments to investigation and prosecution) >> 185 0 R null 578 0 R null 635 0 R 636 0 R] endobj >> >> North Carolina Court of Appeals Reports (1963-2014) volume 96. << /Pg 32 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 ). /Pg 24 0 R WebPrvn pedpisy o kyberstalkingu - Cyberstalking legislation Kybernetick pronsledovn a kyberikana jsou relativn novmi jevy, ale to neznamen, e zloiny spchan prostednictvm st nelze trestat podle legislativy navren k tomuto elu. /P 9 0 R /S /P null 480 0 R null 481 0 R null 621 0 R 622 0 R 482 0 R 120 0 R 483 0 R [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. /Contents 358 0 R >> << 9 0 obj 16 0 obj 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 /Pg 25 0 R /P 9 0 R /S /Footnote 57 430 0 R 58 444 0 R 59 445 0 R 60 446 0 R 61 452 0 R /K 11 << null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R /K 5 /CS0 [/ICCBased 241 0 R] >> 183 0 R 184 0 R 185 0 R 186 0 R 187 0 R 188 0 R 189 0 R 190 0 R 191 0 R 192 0 R In addition, prosecutors will sometimes use other legal avenues to prosecute offenders. /Pg 32 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. endobj As in Connecticut, New Jersey, and Missouri, the Prince case led to stricter anti-bullying legislation in Massachusetts.[22]. ), Victims of Crime (3rd edn, California, Thousand Oaks, 2007), pp. 116 0 obj /MediaBox [0.0 0.0 595.32 841.92] << 2011-02-16T10:29:38+01:00 endobj >> /Resources << >> Governor Signs Landmark Anti-Bullying Law", "Missouri Gov. /TT2 258 0 R 39 0 obj >> [23] It also lists those states that do not have laws yet and related laws from other countries. /Contents 280 0 R /K [556 0 R 557 0 R 558 0 R 559 0 R 560 0 R 561 0 R] /Pg 19 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 17 0 obj /K [2 467 0 R 36] 62 453 0 R 63 464 0 R] Amendment by Pub. 62 0 obj /S /P /P 9 0 R /P 9 0 R << /P 9 0 R >> 159 0 obj /Pg 32 0 R /Pg 14 0 R /P 9 0 R /Pg 28 0 R /Pg 24 0 R 514 0 R 131 0 R] Par. << >> /K 6 endobj /CropBox [0.0 0.0 595.32 841.92] 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null /Font << << endobj /K 19 >> /K 2 /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 /Pg 22 0 R /Pg 30 0 R >> /Rotate 0 endobj 162 0 obj /Pg 31 0 R /Pg 13 0 R /S /P /S /P /K [4 428 0 R 33 429 0 R 35 430 0 R 37] /P 9 0 R /S /P << These statutes Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a). /K 17 >> >> /Pg 23 0 R /Pg 32 0 R 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. WebWhat must exist for cyber stalking to be illegal in a state or territory? /S /P /S /P << >> In an interesting paper, Chik discusses international cyberstalking regulatory considerations. >> /Pg 13 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. /Pg 30 0 R 52 0 obj /CropBox [0.0 0.0 595.32 841.92] 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /K [1 562 0 R 26 563 0 R 28] /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. << 142 0 obj >> /Pg 14 0 R 199 0 obj endobj /Type /Pages /S /Footnote /S /P /P 9 0 R /Parent 8 0 R endobj << /Font << endobj /P 9 0 R >> /Kids [219 0 R 220 0 R 221 0 R] endobj endobj /TT1 245 0 R /K 9 /K 12 << /CS0 [/ICCBased 241 0 R] endobj /Font << /TT1 244 0 R /K [9 482 0 R 28 483 0 R 30 484 0 R 32] /P 9 0 R >> /Pg 32 0 R a. << endobj endobj /P 9 0 R /S /P endobj endobj >> endobj /Pg 31 0 R /Font << 42 0 obj /S /P 47 0 obj >> /StructParents 12 90 0 obj /S /P Monsey, NY: Criminal Justice Press. 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 /MarkInfo << /CS0 [/ICCBased 241 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. 15 0 obj endobj /S /P 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. /K 13 endobj /CS0 [/ICCBased 241 0 R] null 456 0 R null 457 0 R null 458 0 R null 459 0 R null 460 0 R [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. 194 0 obj /CropBox [0.0 0.0 595.32 841.92] >> /Pg 31 0 R Abstract /K 4 /S /P >> Cyber Crimes against Women in India: Problems, Perspectives and Solutions. /S /P /P 9 0 R /Pg 32 0 R >> /MediaBox [0.0 0.0 595.32 841.92] This chapter advises that all governments should enact new laws that specifically target electronic stalking activities. >> /P 9 0 R "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. << >> /CS1 [/ICCBased 242 0 R] This website contains the federal and individual state laws on cyberstalking. /S /P /S /P 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 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 >> /Length 1250 endobj Chat-line users may capture, store, and transmit communications to others outside the chat service. /Parent 8 0 R purposes: (c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. Google Scholar Eck J. E., Clarke R. V. (2003). /Pg 14 0 R >> /P 9 0 R 27 0 obj endobj >> >> 2020Pub. >> /K 4 http://www.haltabuse.org/resources/laws/federal.shtml. /Pg 31 0 R /TT0 243 0 R /P 9 0 R [21], Finally, it's not uncommon for cyberbullying to be coupled with "traditional", in-person bullying, for example, in the suicide of Phoebe Prince. /K 6 /Pg 27 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] endobj /Parent 7 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. 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to 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). >> 156 0 obj Cyberbullying and cyberstalking, by their nature, define adversarial relationships. << /K [490 0 R 491 0 R 492 0 R 493 0 R 494 0 R 495 0 R] /Parent 7 0 R /Pg 30 0 R /Pg 21 0 R /Rotate 0 /S /P /Count 6 >> /Pg 25 0 R /P 9 0 R /Xf1 227 0 R 150 0 obj /P 9 0 R << /Type /Page A lot is at stake in a federal cyberstalking case, which is why you need aggressive defense on your side. << /CS0 [/ICCBased 241 0 R] >> >> /Resources << /S /P /Contents 248 0 R /K 2 11 0 obj >> /TT0 243 0 R /P 9 0 R << Iw6'*Tk5?;IOh"q5e>KFqhe5JN:{:24t5Y5F2\(yQ tkn >> [28] On January 1, 2009, a California law became effective that allows schools to suspend or expel students who harass other students online. endobj Others send electronic viruses that can infect the victim's files. 170 0 obj 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. /Type /Page >> endobj /P 9 0 R /Annots [354 0 R] 107 0 obj >> endobj 69 0 obj endobj /P 9 0 R endobj >> /Parent 3 0 R /Pg 17 0 R endobj /CS0 [/ICCBased 241 0 R] /Pg 25 0 R 58 0 obj 84 0 obj /P 9 0 R /S /P /P 9 0 R Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? 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 369 0 R null 370 0 R null 367 0 R 44 0 R 368 0 R 44 0 R] A lock ( /S /P >> [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 endobj /Pg 21 0 R /K 16 104 627 0 R 105 550 0 R 106 629 0 R 107 631 0 R 108 562 0 R WebFederal law provides some tools to combat cyberstalking. 2 [53 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R null 374 0 R /P 9 0 R >> /MediaBox [0.0 0.0 595.32 841.92] /Type /Page << [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. endobj endobj endobj << [41] >> << endobj /Type /Page /S /P /K 12 << endobj /Pg 31 0 R 4 0 obj /K 2 /P 9 0 R [40] III. /K 20 << >> Secure .gov websites use HTTPS /Rotate 0 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". endobj Prior to February 2013, there were no laws that directly regulate cyberstalking in India. /P 9 0 R >> /S /P /P 9 0 R /Resources << /Parent 8 0 R 47 414 0 R 48 415 0 R 49 416 0 R 50 418 0 R 51 424 0 R 164 0 obj /StructTreeRoot 4 0 R 114 0 obj /Pg 28 0 R 126 0 obj << /K [9 416 0 R 30 417 0 R] First Amendment concerns often arise when questionable speech is uttered or posted online. /TT3 258 0 R 81 0 obj endobj /StructParents 0 [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]. 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 /S /P << 118 0 obj >> /CropBox [0.0 0.0 595.32 841.92] << endobj | Cato @ Liberty", "Hate, Cyber-Bullying Bills Could Threaten Talk Radio |", "Bill Summary & Status - 111th Congress (2009 - 2010) - H.R.1966 - THOMAS (Library of Congress)", "Federal bill will help combat harassment and cyberbullying on college campuses", http://thomas.loc.gov/cgi-bin/bdquery/D?d112:2:./temp/~bd1uH9:@@@L&summ2=m&%7C/home/LegislativeData.php%7C, "Problematic 'Tyler Clementi Higher Education Anti-Harassment Act' Returns to Congress", "The Tyler Clementi Act and Threats to Free Speech", Missouri Revised Statutes, Chapter 565, Offenses Against the Person, Section 565.090; August 28, 2010, State Cyberstalking, Cyberharassment and Cyberbullying Laws, National Conference of State Legislatures, United States, State Cyberbullying Laws (United States), A brief review of state cyberbullying laws and policies, Megan Meier Foundation, https://en.wikipedia.org/w/index.php?title=Cyberstalking_legislation&oldid=1124406909, Articles with dead external links from August 2021, Articles with permanently dead external links, Articles with limited geographic scope from June 2015, Articles containing potentially dated statements from 2012, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License 3.0. 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