international cyberstalking laws

/Pg 31 0 R << 9 620 0 R endobj /Type /Page The law prohibits both online taunting and physical or emotional abuse, and mandates training for faculty and students at schools. >> /S /P >> endobj /P 9 0 R /CS0 [/ICCBased 241 0 R] << /Contents 280 0 R >> /Parent 6 0 R >> << 514 0 R 131 0 R] >> >> Cyberbullying and cyberstalking, by their nature, define adversarial relationships. /K 4 208 0 obj /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] >> 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 << 182 0 obj << /Resources << << /TT2 244 0 R 12 [125 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R null 504 0 R null endobj L. 115334, 12502(a)(1)(A), added cl. Web18 U.S. Code 2261A - Stalking. /S /P /P 9 0 R /K 1 122 0 obj /P 9 0 R 163 0 obj /Pg 30 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. endobj /P 9 0 R /P 9 0 R 135 0 R 527 0 R 136 0 R] null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R /P 9 0 R endobj 204 0 obj 83 0 obj 102 0 obj /S /P << 130 0 obj /Pg 15 0 R 7 [600 0 R 601 0 R 602 0 R 603 0 R 604 0 R 605 0 R 606 0 R 607 0 R 608 0 R 609 0 R /MediaBox [0.0 0.0 595.32 841.92] /Resources << endobj /S /P >> /Rotate 0 endobj [36] However, the constitutionality of this law has been challenged in courts, with Judge Ronald B. Leighton of the United States District Court for the Western District of Washington ruled in February 2019 that the law as written could include "a large range of non-obscene, non-threatening speech" and that "As a result even public criticisms of public figures and public officials could be subject to criminal prosecution and punishment". 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. >> >> << >> 20 0 obj /K [7 528 0 R] /MediaBox [0.0 0.0 595.32 841.92] endobj However, it merely focused on financial crimes and neglected interpersonal criminal behaviours such as cyberstalking (Behera, 2010; Halder & Jaishankar, 2008; Nappinai, 2010). /P 9 0 R /Pg 20 0 R /CropBox [0.0 0.0 595.32 841.92] /MarkInfo << 21 0 obj endobj /TT0 243 0 R null 448 0 R null 449 0 R null 450 0 R null 451 0 R null 444 0 R /K 7 /S /P >> >> endobj >> 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). /P 9 0 R >> >> /Parent 8 0 R The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. /S /P /Type /Pages 12 0 obj /Pg 21 0 R 62 0 obj /Rotate 0 endobj [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. /Resources << /K 2 31] 186 0 obj Cyberstalking: A new challenge for law enforcement and industry. /Pg 32 0 R Cyber Crimes against Women in India: Problems, Perspectives and Solutions. << 171 0 obj /P 9 0 R 127 0 obj >> /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. >> >> << >> << 157 0 obj >> >> /TextBox /Art 92 0 obj Journal of International Commercial Law and Technology, 5(1), 22-27. 548 0 R null 549 0 R null 627 0 R 628 0 R 550 0 R 151 0 R] /Superscript /Span /P 9 0 R /CS0 [/ICCBased 241 0 R] 152 0 obj >> Behera, A. As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. State laws can deal with some forms of cyberbullying, such as documents containing threats,[4] and threats to destroy and damage property. 66 0 obj >> /TT1 245 0 R /S /P /P 9 0 R /Font << 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 /P 9 0 R /Resources <> >> /K 6 /S /Footnote /P 9 0 R The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. /TT0 243 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 >> /Annots [354 0 R] endobj WebAuthored by Congressman Brian Fitzpatrick (PA-08), the Combat Online Predators Act [H.R. /CropBox [0.0 0.0 595.32 841.92] << /K 2 /P 9 0 R /Parent 3 0 R 191 0 obj /Pg 30 0 R Cyberstalkers can use chat rooms to slander and endanger their victims. /K 23 >> >> << << /ColorSpace << >> /P 9 0 R /S /P /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] >> endobj 95-849, eff. /P 9 0 R /P 9 0 R /StructTreeRoot 4 0 R >> /P 9 0 R /MediaBox [0.0 0.0 595.32 841.92] << 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 /ColorSpace << [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. /ColorSpace <> /P 9 0 R endobj /CS0 [/ICCBased 241 0 R] /S /P /Type /Page 63 0 R 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R /Contents 353 0 R /K [431 0 R 432 0 R 433 0 R] /K [1 465 0 R 32 466 0 R 34] /StructParents 2 /P 9 0 R /ColorSpace << /P 9 0 R 195 0 obj /CropBox [0.0 0.0 595.32 841.92] 89 514 0 R 90 516 0 R 91 517 0 R 92 524 0 R 93 525 0 R /Type /Page /K 13 endobj [52], International law emphasizes a supranational concept related to cybercrime. endobj 146 0 obj /K [3 527 0 R 32] >> >> endobj Spitzberg, B. H., & Hoobler, G. (2002). endobj << /P 9 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 /ColorSpace << /S /P endobj /Pg 31 0 R In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. /Contents 257 0 R >> /TT2 244 0 R /P 9 0 R >> /Pg 27 0 R /Rotate 0 >> << endobj 77 0 obj /P 9 0 R << /P 9 0 R Tampa, Florida U.S. District Judge Thomas P. Barber has sentenced Christopher Buonocore (35, Hicksville, NY) to 15 years in federal prison for cyberstalking multiple victims. 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 /ColorSpace << endobj 114 0 obj Monsey, NY: Criminal Justice Press. /K 1 /TT0 243 0 R /Resources << /Author (Svdraa) /S /P Stalking a person online may also involve stalking the person in real life. >> /S /P /CropBox [0.0 0.0 595.32 841.92] International law emphasizes a supranational concept related to cybercrime. /S /P 107 0 obj 143 0 obj >> /Rotate 0 It stipulates various ranges of imprisonment for anyone who uses 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 7 endobj 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. 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. >> << /Pg 30 0 R /TT1 245 0 R /Pg 28 0 R endobj A lock ( /K 1 /P 9 0 R << /Parent 6 0 R 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 /Contents 291 0 R /TT1 245 0 R /Pg 14 0 R /K [0 464 0 R 30] << /CS0 [/ICCBased 241 0 R] /P 9 0 R 180 0 obj 173 0 obj /CropBox [0.0 0.0 595.32 841.92] /Contents 349 0 R 100 0 obj endobj endobj >> /Parent 8 0 R /Pg 26 0 R /P 9 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 /Pg 27 0 R 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. /K 3 /S /P /Pg 13 0 R /Resources << [43], While Snchez' bill was discussed in committee, it has not passed that stage as of 2012[update].[45]. >> [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /P 9 0 R /Pg 20 0 R >> /S /P >> /TT0 243 0 R >> /S /P /K 2 /Resources << Under the Dormant Commerce Clause, a state or local law is unconstitutional when it imposes a burden on interstate commerce that is clearly excessive in relation to the putative local benefits. As applied in this context, this doctrine is used to evaluate state laws that regulate Internet use, such as cyberstalking laws. 222 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 /P 9 0 R 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 <> /S /P >> 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 16 0 R 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 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /S /P >> 75 0 obj 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 >> 91 0 obj /Resources << /CS0 [/ICCBased 241 0 R] /Pg 30 0 R << /S /Footnote /Pg 19 0 R /S /P endobj << /Pg 19 0 R /S /P /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] Distributing intimate images and videos without the consent of the person in them is a common form of cyberbullying. 136 0 obj 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). /K 13 Cyber stalking: An analysis of online harassment and intimidation. null 557 0 R null 558 0 R null 559 0 R null 560 0 R null 561 0 R /Contents 284 0 R 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 << | 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. /P 9 0 R 202 0 obj >> 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. 88 0 obj /P 9 0 R /K [2 541 0 R 30 542 0 R 32 543 0 R 34] endobj /Font << << >> L. 1134 amended section generally. 117 0 obj /K 3 endobj /CropBox [0.0 0.0 595.32 841.92] >> /Pg 26 0 R /S /P >> /S /P /CS1 [/ICCBased 242 0 R] /Metadata 2 0 R endobj /Diagram /Figure It also mandates that schools develop policies to address the problem. /P 9 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] /S /P 123 0 obj [41] /CropBox [0.0 0.0 595.32 841.92] endobj >> endobj 95 0 obj /ColorSpace << /Parent 6 0 R Webprosecution of international (cyber)stalking and whether some of these problems could be solved. /Pg 17 0 R 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). 147 0 obj >> /Pg 30 0 R /Annots [275 0 R 276 0 R 277 0 R 278 0 R 279 0 R] /ColorSpace << /S /P 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. endobj /Pg 25 0 R << << /TT1 285 0 R /K 5 /P 9 0 R /TT1 244 0 R 80 0 obj 52 425 0 R 53 426 0 R 54 427 0 R 55 428 0 R 56 429 0 R /P 9 0 R /S /P /K [1 562 0 R 26 563 0 R 28] /K 8 /S /P /Rotate 0 >> << /S /P << /Pg 15 0 R uuid:271fb036-f088-4ba0-9cbc-b0d52ee3eb8a /P 9 0 R endobj /S /P 141 0 obj endobj /ColorSpace << << 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. endobj /Pg 30 0 R /Pg 30 0 R >> /Pg 25 0 R 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 << 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". 87 0 obj >> << /StructParents 8 /CS0 [/ICCBased 241 0 R] /Pg 19 0 R /P 9 0 R 3 However, there are other federal laws that can be applied to /Parent 8 0 R D:20110216092838 <> /CS1 [/ICCBased 242 0 R] WebAs a possible solution to this substantial problem of cyberstalking, criminal law has the potential to play an important role in cyberstalking cases. >> "Electronic communication" includes transmissions by a computer through the Internet to another computer. >> /K 5 [43][44] Another issue is that would make violation of the law a felony, rather than a misdemeanor as has been done in most states. Some U.S. states have begun to address the problem of cyberbullying. /P 9 0 R 129 0 obj /Kids [6 0 R 7 0 R 8 0 R] >> << >> 6 0 obj >> /S /P << /Pages 3 0 R endobj null 461 0 R null 462 0 R 620 0 R 462 0 R null 463 0 R null 464 0 R %PDF-1.5 << 174 0 obj /S /P >> endobj /Type /Page << 39 0 obj 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R 13 0 obj 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 /P 9 0 R (2008). 25 366 0 R 26 367 0 R 27 368 0 R 28 582 0 R 29 382 0 R /Annots [303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] >> >> /CS1 [/ICCBased 242 0 R] /CS0 [/ICCBased 241 0 R] /S /P /K 3 /K 1 << /S /P /S /P >> /P 9 0 R /K 6 endobj /K 25 41 0 obj /K 1 << >> endobj /Pg 32 0 R endobj << 104 627 0 R 105 550 0 R 106 629 0 R 107 631 0 R 108 562 0 R /Pg 21 0 R >> << >> endobj /S /P 145 0 obj >> /Pg 23 0 R /K 7 << endobj /F3 225 0 R /StructParents 6 18 0 obj Halder, D. & Jaishankar, K. (2008). /TT1 245 0 R /Resources << <> >> /P 9 0 R /P 9 0 R /Pg 25 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. /S /P shall be punished as provided in section 2261(b) or section 2261B, as the case may be. [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. 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null /S /P /Strikeout /Span /P 9 0 R 158 0 obj /Type /Pages >> /K 16 2 0 obj << 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'? /DropCap /Figure << /K 24 >> [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. /P 9 0 R endobj Prior to February 2013, there were no laws that directly regulate cyberstalking in India. [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. endobj /K 6 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. endobj 17 0 obj Explanation : Cyberstalking involves using electronic means, including the Internet, to stalk or harass a person or group of people. /P 9 0 R /P 9 0 R endobj /K 6 << 125 0 obj UNCTAD - Palais des Nations, 8-14, Av. 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R /S /P Prior to amendment, text read as follows: Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury (as defined in section 1365(g)(3) of this title) to, that person or a member of that persons immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.. /Font << /Font << /P 9 0 R << << 99 532 0 R 100 541 0 R 101 542 0 R 102 543 0 R 103 544 0 R << /Pg 17 0 R Google Scholar Eck J. E., Clarke R. V. (2003). Davis, A.J. /Rotate 0 endobj << endobj /CropBox [0.0 0.0 595.32 841.92] /P 9 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. /P 9 0 R /P 9 0 R 175 0 obj /Producer (Adobe PDF Library 9.0) /P 9 0 R /P 9 0 R This page was last edited on 28 November 2022, at 19:31. 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] endobj /K 5 /Parent 8 0 R << /S /Footnote /P 9 0 R /K [6 550 0 R 17] << /S /P This chapter examines various forms of "cyberstalking;" legal responses by governments in the United States, Canada, the United Kingdom, and Australia; the challenges law enforcement officers face when investigating the problem; and the control and prevention of cyberstalking. /TT0 243 0 R /K [0 359 0 R 20] >> [38][39], Washington takes the approach of putting the focus on cyberbullying prevention and response directly on the schools. /Pg 19 0 R /Font << 104 0 obj 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 /Marked true /P 9 0 R /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] [23] It also lists those states that do not have laws yet and related laws from other countries. /S /P /S /P 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 >> /Pg 14 0 R /Annots [229 0 R 230 0 R 231 0 R 232 0 R] /S /P /K [447 0 R 448 0 R 449 0 R 450 0 R 451 0 R] , a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking 9 R. 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