international cyberstalking laws

>> << /Pg 30 0 R 30 383 0 R 31 384 0 R] 7 0 obj /TextBox /Art 93 0 obj /Pg 32 0 R 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 >> endobj /P 9 0 R << /K 12 /Pages 3 0 R 149 0 obj endobj 171 0 obj /F1 223 0 R /Pg 23 0 R endobj 122 0 obj endobj /K 5 >> /P 9 0 R Nothing, existing international cyber stalking laws apply b. /Rotate 0 endobj >> /Type /Catalog /Type /Page Browse; Reporter N.C. App. /Type /Metadata /K 3 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. /TT1 244 0 R /S /P /S /P 205 0 obj 161 0 obj Prior to amendment, section related to stalking. /Annots [354 0 R] There are laws that only address online harassment of children or focus on child predators as well as laws that protect adult cyberstalking victims, or victims of any age. 178 0 obj /P 9 0 R 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null /K 15 /Pg 24 0 R North Carolina State Supreme Court Strikes Down Cyberbullying Statute. endobj This article explores the definition of stalking and cyberstalking and clarifies their similarities and differences and analyze the prevalence of cyberstalking in modern society. Official websites use .gov /Company (Tilburg University) /S /P endobj << /Pg 19 0 R 16 0 obj /Pg 32 0 R /CS1 [/ICCBased 242 0 R] << endobj /K [2 524 0 R 26 525 0 R 28 526 0 R 30] /Resources << >> << Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. /ColorSpace << This chapter advises that all governments should enact new laws that specifically target electronic stalking activities. /P 9 0 R 166 0 obj << endobj /Pg 15 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. /CS1 [/ICCBased 242 0 R] Spitzberg, B. H., & Hoobler, G. (2002). 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. <> (1)(A)(iv). /Contents 353 0 R /P 9 0 R <> 29 0 obj << /Rotate 0 Section 67A of the Information Technology Act, 2000 punishes a person who sends or causes to send or publish any material containing sexually explicit acts or conduct in electronic media. /S /P /K [571 0 R 572 0 R 573 0 R] 4 0 obj endobj /Limits [32 63] /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] 595 0 R 596 0 R 597 0 R 598 0 R 599 0 R null 431 0 R null 432 0 R null << /ParentTreeNextKey 116 /P 9 0 R /Rotate 0 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 /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 /P 9 0 R /MarkInfo << /Type /Page >> According to "Who@: Working to Halt Online Abuse": (a) Harassment through electronic communications is the use of electronic communication for any of the following Also, law enforcement officers must be trained to deal with endobj 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 endobj << >> << /P 4 0 R /Annots [286 0 R 287 0 R 288 0 R 289 0 R 290 0 R] /K [9 416 0 R 30 417 0 R] [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. /Font << >> 105 0 obj /Link /Span /K 11 >> 31] 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 /K 5 /Type /Page >> 30 0 obj /MediaBox [0.0 0.0 595.32 841.92] /Annots [249 0 R 250 0 R 251 0 R 252 0 R 253 0 R 254 0 R 255 0 R 256 0 R] << >> >> /Resources << endobj << << /Pg 31 0 R 202 0 obj endobj /P 9 0 R 23 0 obj << >> Secure .gov websites use HTTPS /K 0 /Pg 17 0 R << [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. /P 9 0 R >> 214 0 obj /Diagram /Figure /Pg 31 0 R << /Pg 25 0 R /S /Footnote xV]sF4/m::%aN4!-W~Ho^XJkH{V[?7tp5v^ymqS_ `.O>LjimLi41?u(j&Yh?Zm\lZ !Gs'#~?#U << 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. /Endnote /Note << endobj endobj endobj /S /P /Resources << endobj /S /P /S /P Cybercrimes are a relatively new area of law, and regulations continue to evolve. 56 0 obj /Annots [259 0 R 260 0 R 261 0 R 262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R] /Contents 356 0 R /Pg 32 0 R /Pg 32 0 R /Pg 22 0 R 55 0 obj /MediaBox [0.0 0.0 595.32 841.92] /Rotate 0 null 536 0 R null 537 0 R null 538 0 R null 539 0 R null 540 0 R 65 0 obj /ColorSpace << It also mandates that schools develop policies to address the problem. endobj /S /P >> /K [7 413 0 R 24 414 0 R 26] /Xf1 227 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 369 0 R null 370 0 R null 367 0 R 44 0 R 368 0 R 44 0 R] << << 209 0 obj endobj /ColorSpace << The Department of Homeland Security (DHS) works with other federal agencies to conduct high-impact 143 0 obj /TT0 243 0 R << /StructParents 14 << << 185 0 obj << 3 0 obj /S /P /Resources << << shall be punished as provided in section 2261(b) or section 2261B, as the case may be. 6 0 obj /Parent 8 0 R endobj endobj [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. /Length 1250 /TT1 245 0 R /K 7 endobj However, it merely focused on financial crimes and neglected interpersonal criminal behaviours such as cyberstalking (Behera, 2010; Halder & Jaishankar, 2008; Nappinai, 2010). endobj /P 9 0 R /Type /Page 131 0 obj /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] /Type /Page WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. /K 1 /S /Footnote 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). /P 9 0 R /P 9 0 R 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. /Type /Page 66 0 obj /S /Table /P 9 0 R endobj >> /Resources << >> L. 106386 reenacted section catchline without change and amended text generally. 176 0 obj /P 9 0 R >> /S /P [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. endobj >> /K [0 464 0 R 30] endobj 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.. /CropBox [0.0 0.0 595.32 841.92] /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] /P 9 0 R FBI Law Enforcement Bulletin, 73, 10-17. /Pg 16 0 R /K [3 468 0 R 38] /K 16 endobj /MediaBox [0.0 0.0 595.32 841.92] /Pg 21 0 R /Type /Pages >> /P 9 0 R >> /Pg 28 0 R /P 9 0 R /StructParents 4 >> endobj /Pg 32 0 R << /TT0 243 0 R 163 0 R 164 0 R 165 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 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. >> 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 A cyberstalking conviction can be accompanied by up to five years in prison and a $250,000 fine. /Subscript /Span >> 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. /S /P >> /Pg 24 0 R /S /P /P 9 0 R /Pg 15 0 R /P 9 0 R endobj /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] /S /P << << /Pg 30 0 R >> << Prior to February 2013, there were no laws that directly regulate cyberstalking in India. /K 2 /TT1 244 0 R /CS0 [/ICCBased 241 0 R] endobj 2006Pub. /Pg 24 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. 42 0 obj /ColorSpace << /S /P It further mandates that school administrators inform parents of bullying that occurs within the schools themselves. >> 73 0 obj >> 1. 88 0 obj /Contents 291 0 R endobj 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 /CropBox [0.0 0.0 595.32 841.92] /MediaBox [0.0 0.0 595.32 841.92] Finally, individuals should become informed about the dangers of the Internet and ways to protect their privacy while using the Internet. >> endobj /TT1 245 0 R /TT1 245 0 R /P 9 0 R /CS0 [/ICCBased 241 0 R] /Font << What are the Penalties for Cyberstalking? /Pg 22 0 R /Pg 24 0 R /TT0 243 0 R The federal penalties for cyberstalking are up to five years in prison without the possibility of parole at a minimum. << ) or https:// means youve safely connected to the .gov website. /P 9 0 R /Pg 30 0 R /K [2 541 0 R 30 542 0 R 32 543 0 R 34] [21], Finally, it's not uncommon for cyberbullying to be coupled with "traditional", in-person bullying, for example, in the suicide of Phoebe Prince. 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. 156 0 obj 36 0 obj /TT0 243 0 R /S /P 497 0 R 124 0 R 498 0 R 124 0 R 499 0 R 125 0 R 500 0 R 125 0 R] 189 0 obj /S /P << /S /P /K 1 173 0 obj 222 0 obj /P 9 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 /StructParents 11 /K 1 /TT2 245 0 R endobj /Type /Page WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. 46 0 obj 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. << /Pg 31 0 R /CS1 [/ICCBased 242 0 R] endobj /Pg 26 0 R << /TT2 244 0 R << /Rotate 0 >> /Pg 17 0 R endobj /K 8 << /K 13 186 0 obj /S /P Others send electronic viruses that can infect the victim's files. /P 9 0 R 82 0 obj /K 6 18 0 obj /K 6 WebAs a first degree misdemeanor, cyberstalking in Florida is punishable by up to 12 months in county jail and up to a $1000 fine. /PageLayout /OneColumn >> endobj << endobj /K 1 /P 9 0 R /Rotate 0 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 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). /S /P /TT1 245 0 R >> >> >> << /SourceModified (D:20110216092838) /P 9 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] (2)(A). Blunt Signs Bill Outlawing Cyberbullying", "Federal judge blocks Washington state cyberstalking law", "How punishing people for 'doxxing' could prove tricky for Washington lawmakers", "Cyberbullying Bill Gets Chilly Reception", "Federal Cyberbullying Law: 'Worth a Try'? /Pg 22 0 R 167 0 obj /Font << >> /K [7 528 0 R] Distributing intimate images and videos without the consent of the person in them is a common form of cyberbullying. << >> /P 9 0 R endobj WebEven though there is no federal law on cyberbullying, there absolutely is one that covers cyberstalking. /Pg 32 0 R >> endobj /Pg 25 0 R 17 0 obj /MediaBox [0.0 0.0 595.32 841.92] >> << 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 /P 9 0 R /Pg 28 0 R >> << 163 0 obj /P 9 0 R >> /P 9 0 R >> 53 0 obj /P 9 0 R endobj 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". >> WebFlorida Statute 784.048 makes stalking (harassment), including cyberstalking, a crime. endobj /S /P /P 9 0 R endobj >> >> /K 4 191 0 obj /Font << 111 0 obj /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 Online stalkers have been known to post insulting messages on electronic bulletin boards signed with the e-mail address of the person being harassed. << /S /P However, this is limited to the victims of family violence. /Contents 280 0 R /P 9 0 R /Pg 17 0 R Cyberstalking in conjunction with a credible threat is also considered aggravated stalking.[31]. >> >> << /S /P 213 0 obj >> /Pg 13 0 R /P 9 0 R /Contents 330 0 R 13 0 obj >> L. 106386, div. >> "Electronic communication" includes transmissions by a computer through the Internet to another computer. << 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R /Pg 20 0 R endobj >> >> endobj 8-11-09. /P 9 0 R /Pg 22 0 R endobj >> /S /P /S /P /S /P /K 8 133 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 /P 9 0 R 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 << /K [3 527 0 R 32] /TT4 245 0 R 94 0 obj 16, pp. This case is now considered a landmark in the realm of First Amendment issues on the Internet.[17]. endobj <> /Pg 20 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. This is the Convention on Cybercrime, signed by the Council of Europe in Budapest on November 23, 2001. endobj >> 2 0 obj Nappinai, N, S. (2010). /Pg 13 0 R << /Strikeout /Span /K 3 /K 2 52 0 obj /P 9 0 R 8 0 obj << 81 0 obj /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R >> Web18 U.S. Code 2261A - Stalking. 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. >> /S /P >> Cyber Crimes against Women in India: Problems, Perspectives and Solutions. endobj >> >> /S /P /Pg 15 0 R /TT0 243 0 R /K [0 367 0 R 15 368 0 R 17] This website contains the federal and individual state laws on cyberstalking. endobj << /S /P /P 9 0 R 196 0 obj >> 200 0 obj /TT0 243 0 R /Count 5 Federal Criminal Cyberstalking Statutes [13] Both section 2261A(2) and section 875(c) are federal criminal statutes used to prosecute cyberstalking cases. >> /Contents 316 0 R /K [476 0 R 477 0 R 478 0 R 479 0 R 480 0 R 481 0 R] << L. 115334, title XII, 12502(a)(1). While some sites specialize in laws that protect victims age 18 and under, Working to Halt Online Abuse is a help resource listing current and pending cyberstalking-related United States federal and state laws. >> /K [419 0 R 420 0 R 421 0 R 422 0 R 423 0 R] /P 9 0 R Svdraa /Comments () endobj A lock ( /Contents 339 0 R /ColorSpace << Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious /K 1 /K 10 As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. ( a ) ( a ) international cyberstalking laws iv ) 244 0 R ] Spitzberg, H.!, and slander laws 205 0 obj /colorspace < WebFlorida 784.048... Crime, however ; legislation defining cyberstalking and cyberbullying is lacking at the federal level /ICCBased 0... 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