Cyberstalking is the use of the
Internet or other electronic means to
stalk or
harass an individual, a group of individuals, or an organization.
[1] It may include the making of
false accusations or statements of fact (as in
defamation), monitoring, making threats,
identity theft,
damage to data or equipment, the solicitation of minors for sex, or
gathering information that may be used to harass. The definition of
"harassment" must meet the criterion that a
reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress.
[2]
Cyberstalking is different from spatial or offline stalking in that it
occurs through the use of electronic communications technology such as
the internet. However, it sometimes leads to it, or is accompanied by
it.
[3] Both are criminal offenses.
[4]
Cyberstalking shares important characteristics with offline stalking;
many stalkers – online or off – are motivated by a desire to control
their victims.
[5]
A cyberstalker may be an online stranger or a person whom the target
knows. A cyberstalker may be anonymous and may solicit involvement of
other people online who do not even know the target.
Cyberstalking is a criminal offense that comes into play under state anti-stalking laws,
slander laws, and
harassment
laws. A cyberstalking conviction can result in a restraining order,
probation, or even criminal penalties against the assailant, including
jail.
Definitions
Stalking is a continuous process, consisting of a series of actions,
each of which may be entirely legal in itself. Technology ethics
professor
Lambèr Royakkers writes that:
Stalking is a form of mental assault, in which the perpetrator
repeatedly, unwantedly, and disruptively breaks into the life-world of
the victim, with whom he has no relationship (or no longer has), with
motives that are directly or indirectly traceable to the affective
sphere. Moreover, the separated acts that make up the intrusion cannot
by themselves cause the mental abuse, but do taken together (cumulative
effect).[6]
CyberAngels has written about how to identify cyberstalking:
When identifying cyberstalking "in the field," and particularly when
considering whether to report it to any kind of legal authority, the
following features or combination of features can be considered to
characterize a true stalking situation: malice, premeditation, repetition, distress, obsession, vendetta, no legitimate purpose, personally directed, disregarded warnings to stop, harassment, and threats.[7]
A number of key factors have been identified:
- False accusations.
Many cyberstalkers try to damage the reputation of their victim and
turn other people against them. They post false information about them
on websites. They may set up their own websites, blogs or user pages for
this purpose. They post allegations about the victim to newsgroups,
chat rooms, or other sites that allow public contributions such as
Wikipedia or Amazon.com.[8]
- Attempts to gather information about the victim.
Cyberstalkers may approach their victim's friends, family, and work
colleagues to obtain personal information. They may advertise for
information on the Internet, or hire a private detective.[9]
- Monitoring their target's online activities and attempting to trace their IP address in an effort to gather more information about their victims. [10]
- Encouraging others to harass the victim. Many cyberstalkers
try to involve third parties in the harassment. They may claim the
victim has harmed the stalker or his/her family in some way, or may post
the victim's name and telephone number in order to encourage others to
join the pursuit.
- False victimization.
The cyberstalker will claim that the victim is harassing him/her. Bocij
writes that this phenomenon has been noted in a number of well-known
cases.
- Attacks on data and equipment. They may try to damage the victim's computer by sending viruses.
- Ordering goods and services. They order items or subscribe to magazines in the victim's name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim's workplace.
- Arranging to meet. Young people face a particularly high risk of having cyberstalkers try to set up meetings between them.[11]
Cyberstalking is a form of
cyberbullying.
Motives
Mental profiling of digital criminals has identified factors that motivate stalkers as:
envy;
pathological obsession (professional or sexual); unemployment or
failure with own job or life; intention to intimidate and cause others
to feel inferior; the stalker is
delusional
and believes he/she "knows" the target; the stalker wants to instill
fear in a person to justify his/her status; belief they can get away
with it (anonymity); intimidation for financial advantage or business
competition; revenge over perceived or imagined rejection.
[12][13]
Types
Of women
Harassment and stalking of women online is common, and can include
rape threats, and other threats of violence, as well as the posting of
women's personal information. It is blamed for limiting victims'
activities online or driving them offline entirely, thereby impeding
their participation in online life and undermining their autonomy,
dignity, identity, and opportunities.
[14]
Of intimate partners
Cyberstalking of intimate partners is the online harassment of a current or former romantic partner. It is a form of
domestic violence,
and experts say its purpose is to control the victim in order to
encourage social isolation and create dependency. Harassers may send
repeated insulting or threatening e-mails to their victims, monitor or
disrupt their victims' e-mail use, and use the victim's account to send
e-mails to others posing as the victim or to purchase goods or services
the victim does not want. They may also use the internet to research and
compile personal information about the victim, to use in order to
harass him or her.
[15]
Of celebrities and public persons
Profiling of stalkers shows that almost always they stalk someone they know or, via
delusion, think they know, as is the case with stalkers of
celebrities or public persons in which the stalkers feel they know the celebrity even though the celebrity does not know them.
[16]
As part of the risk they take for being in the public eye, celebrities
and public figures are often targets of lies or made-up stories in
tabloids as well as by stalkers, some even seeming to be fans. In one
noted case in 2011, actress
Patricia Arquette quit
Facebook
after alleged cyberstalking. In her last post, Arquette explained that
her security guys chewed her out and warned her Facebook friends to
never accept friend requests from people they do not actually know.
Arquette stressed the importance of differentiating that just because
people were on her page or seemed to be friends or fans did not really
mean they were safe. "I'm going to say it again because it is
important", the actress wrote about persons on her page, "it doesn't
mean they are safe". The media issued a statement that Arquette planned
to communicate with fans exclusively through her
Twitter account in the future.
[17]
By anonymous online mobs
Web 2.0
technologies have enabled online groups of anonymous people to
self-organize to target individuals with online defamation, threats of
violence and technology-based attacks. These include publishing lies and
doctored photographs, threats of rape and other violence, posting
sensitive personal information about victims, e-mailing damaging
statements about victims to their employers, and manipulating search
engines to make damaging material about the victim more prominent.
Victims are often women and minorities.
[citation needed] They frequently respond by adopting pseudonyms or going offline entirely.
[18] A notable example of online mob harassment was the experience of American
software developer and blogger
Kathy Sierra.
In 2007 a group of anonymous individuals attacked Sierra, threatening
her with rape and strangulation, publishing her home address and
Social Security
number, and posting doctored photographs of her. Frightened, Sierra
cancelled her speaking engagements and shut down her blog, writing “I
will never feel the same. I will never be the same.”
[18]
Experts attribute the destructive nature of anonymous online mobs to
group dynamics,
saying that groups with homogeneous views tend to become more extreme
as members reinforce each other's beliefs, they fail to see themselves
as individuals, so they lose a sense of personal responsibility for
their destructive acts, they dehumanize their victims, which makes them
more willing to behave destructively, and they become more aggressive
when they believe they are supported by authority figures. Internet
service providers and website owners are sometimes blamed for not
speaking out against this type of harassment.
[18]
Corporate cyberstalking
Corporate cyberstalking is when a company harasses an individual
online, or an individual or group of individuals harasses an
organization.
[19] Motives for corporate cyberstalking are ideological, or include a desire for financial gain or revenge.
[20]
Perpetrators
Profile
Preliminary work by Leroy McFarlane and Paul Bocij has identified
four types of cyberstalkers: the vindictive cyberstalkers noted for the
ferocity of their attacks; the composed cyberstalker whose motive is to
annoy; the intimate cyberstalker who attempts to form a relationship
with the victim but turns on them if rebuffed; and collective
cyberstalkers, groups with a motive.
[21] According to Antonio Chacón Medina, author of
Una nueva cara de Internet, El acoso
("A new face of the Internet: stalking"), the general profile of the
harasser is cold, with little or no respect for others. The stalker is a
predator who can wait patiently until vulnerable victims appear, such
as women or children, or may enjoy pursuing a particular person, whether
personally familiar to them or unknown. The harasser enjoys and
demonstrates their power to pursue and psychologically damage the
victim.
[22]
Behaviors
Cyberstalkers find their victims by using
search engines, online forums, bulletin and discussion boards,
chat rooms, and more recently, through
social networking sites,
[23] such as
MySpace,
Facebook,
Bebo,
Friendster,
Twitter, and
Indymedia, a media outlet known for self-publishing. They may engage in live chat harassment or
flaming or they may send electronic viruses and unsolicited e-mails.
[24]
Cyberstalkers may research individuals to feed their obsessions and
curiosity. Conversely, the acts of cyberstalkers may become more
intense, such as repeatedly instant messaging their targets.
[25]
More commonly they will post defamatory or derogatory statements
about their stalking target on web pages, message boards, and in guest
books designed to get a reaction or response from their victim, thereby
initiating contact.
[24] In some cases, they have been known to create
fake blogs in the name of the victim containing defamatory or pornographic content.
When prosecuted, many stalkers have unsuccessfully attempted to
justify their behavior based on their use of public forums, as opposed
to direct contact. Once they get a reaction from the victim, they will
typically attempt to track or follow the victim's internet activity.
Classic cyberstalking behavior includes the tracing of the victim's
IP address in an attempt to verify their home or place of employment.
[24]
Some cyberstalking situations do evolve into physical stalking, and a
victim may experience abusive and excessive phone calls, vandalism,
threatening or obscene mail, trespassing, and physical assault.
[24] Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.
[26][27]
A 2007 study led by Paige Padgett from the
University of Texas Health Science Center found that there was a false degree of safety assumed by women looking for love online.
[28][29]
Cyberstalking legislation
United States
The current US Federal Anti-Cyber-Stalking law is found at
47 U.S.C. § 223.
[30]
The first U.S. cyberstalking law went into effect in 1999 in
California. Other states include prohibition against cyberstalking in their harassment or stalking legislation. In
Florida, HB 479 was introduced in 2003 to ban cyberstalking. This was signed into law on October 2003.
[31]
While some laws only address online harassment of children, there are
laws that protect adult cyberstalking victims. While some sites
specialize in laws that protect victims age 18 and under, current and
pending cyberstalking-related United States federal and state laws offer
help to victims of all ages.
[32]
Some states in the U.S. have begun to address the issue of cyberstalking:
- Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire, and New York have included prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation.
- Alaska, Florida, Oklahoma, Wyoming, and California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws.
- Texas enacted the Stalking by Electronic Communications Act, 2001.
- Missouri
revised its state harassment statutes to include stalking and
harassment by telephone and electronic communications (as well as cyber-bullying) after the Megan Meier suicide case of 2006.
In one of the few cases where a cyberstalking conviction was obtained
the cyberstalker was woman, which is also much rarer that male
cyberstalkers.[33]
- A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications.
- Other states have laws other than harassment or anti-stalking
statutes that prohibit misuse of computer communications and e-mail,
while others have passed laws containing broad language that can be
interpreted to include cyberstalking behaviors
Cyberstalking has also been addressed in recent U.S. federal law. For example, the
Violence Against Women Act,
passed in 2000, made cyberstalking a part of the federal interstate
stalking statute. Still, there remains a lack of legislation at the
federal level to specifically address cyberstalking, leaving the
majority of legislative prohibitions against cyberstalking at the state
level.
[24]
Most stalking laws require that the perpetrator make a credible
threat of violence against the victim; others include threats against
the victim's immediate family; and still others require the alleged
stalker's course of conduct constitute an implied threat. While some
conduct involving annoying or menacing behavior might fall short of
illegal stalking, such behavior may be a prelude to stalking and
violence and should be treated seriously.
[41]
Online identity stealth blurs the line on infringement of the rights
of would-be victims to identify their perpetrators. There is a debate on
how internet use can be traced without infringing on protected civil
liberties.