CYBER STALKING AND THE HELP YOU WILL NEED

Potential Effects of Cyberstalking

Just because cyberstalking does not include physical contact with the perpetrator does not mean it is not as threatening or frightening as any other type of crime. Victims of cyberstalking often experience psychological trauma, as well as physical and emotional reactions as a result of their victimization. Some of these effects may include:

• changes in sleeping and eating patterns
• nightmares
• hypervigilance
• anxiety
• helplessness
• fear for safety
• shock and disbelief

Definition

Cyberstalking can be defined as threatening behavior or unwanted advances directed at another using the Internet and other forms of online and computer communications.

Overview

Cyberstalking is a relatively new phenomenon. With the decreasing expense and thereby increased availability of computers and online services, more individuals are purchasing computers and "logging onto" the Internet, making another form of communication vulnerable to abuse by stalkers.

Cyberstalkers target their victims through chat rooms, message boards, discussion forums, and e-mail. Cyberstalking takes many forms such as: threatening or obscene e-mail; spamming (in which a stalker sends a victim a multitude of junk e-mail); live chat harassment or flaming (online verbal abuse); leaving improper messages on message boards or in guest books; sending electronic viruses; sending unsolicited e-mail; tracing another person's computer and Internet activity, and electronic identity theft.
Similar to stalking off-line, online stalking can be a terrifying experience for victims, placing them at risk of psychological trauma, and possible physical harm. Many cyberstalking situations do evolve into off-line stalking, and a victim may experience abusive and excessive phone calls, vandalism, threatening or obscene mail, trespassing, and physical assault.

Cyberstalking and the Law

With personal information becoming readily available to an increasing number of people through the Internet and other advanced technology, state legislators are addressing the problem of stalkers who harass and threaten their victims over the World Wide Web. Stalking laws and other statutes criminalizing harassment behavior currently in effect in many states may already address this issue by making it a crime to communicate by any means with the intent to harass or alarm the victim.

States have begun to address the use of computer equipment for stalking purposes by including provisions prohibiting such activity in both harassment and anti-stalking legislation (Riveira, 1,2). A handful of states, such as Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire and New York have specifically including prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation. Alaska, Oklahoma, Wyoming, and more recently, California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws. 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 (Gregorie).

> Recent federal law has addressed cyberstalking as well. The Violence Against Women Act, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. Other federal legislation that addresses cyberstalking has been introduced recently, but no such measures have yet been enacted. Consequently, 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 (Wiredpatrol.org).

STATE AND FEDERAL STALKING LAWS ARE SERIOUS ALL STATES HAVE SERIOUS LAWS! HELP IS HERE FOR YOU IF YOU ARE BEING STALKED. KNOW THE LAW!

State and Federal Stalking Laws

Although stalking has been a problem for many years, only in this decade has it received adequate attention from lawmakers, policy officials, and law enforcement agencies. In 1990, California became the first state to enact a specific stalking law. Since that time, all 50 states and the District of Columbia have enacted stalking laws. The National Victim Center website provides the most recent text of all state stalking laws.

Less than one third of the states have anti-stalking laws that explicitly cover stalking via the internet. California, for example, only recently amended its statute to cover cyberstalking in order to prosecute a 50-year-old former security guard who pleaded guilty on April 28, 1999 to using the Internet to solicit the rape of a woman who rejected his romantic advances.

Federal law provides some tools to combat cyberstalking. Under 18 U.S.C. 875(c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet. This is the statute under which Jake Baker was charged.

The shortcomings of 18 U.S.C. 875 are evident from the dismissal of the Baker case. It is construed to apply only to communications of actual threats; thus it does not apply in a situation where a cyberstalker engaged in a pattern of conduct intended to harass or annoy another (absent some threat). Also, it is not clear that it would apply to situations where a person harasses or terrorizes another by posting messages on a bulletin board or in a chat room encouraging others to harass or annoy another person.

Certain forms of cyberstalking also may be prosecuted under 47 U.S.C. 223. One provision of this statute makes it a federal crime, punishable by up to two years in prison, to use a telephone or telecommunications device to annoy, abuse, harass, or threaten any person at the called number. The statute also requires that the perpetrator not reveal his or her name. See 47 U.S.C. 223(a)(1)(C). Although this statute is broader than 18 U.S.C. 875 -- in that it covers both threats and harassment -- Section 223 applies only to direct communications between the perpetrator and the victim. Thus, it would not reach a cyberstalking situation where a person harasses or terrorizes another person by posting messages on a bulletin board or in a chat room encouraging others to harass or annoy another person. Moreover, Section 223 is only a misdemeanor, punishable by not more than two years in prison.

The Interstate Stalking Act, signed into law by President Clinton in 1996, makes it a crime for any person to travel across state lines with the intent to injure or harass another person and, in the course thereof, places that person or a member of that person's family in a reasonable fear of death or serious bodily injury. See 18 U.S.C. 2261A. Although a number of serious stalking cases have been prosecuted under Section 2261A, the requirement that the stalker physically travel across state lines makes it largely inapplicable to cyberstalking cases.

Finally, President Clinton signed a bill into law in October 1998 that protects children against online stalking. The statute, 18 U.S.C. 2425, makes it a federal crime to use any means of interstate or foreign commerce (such as a telephone line or the Internet) to knowingly communicate with any person with intent to solicit or entice a child into unlawful sexual activity. While this new statute provides important protections for children, it does not reach harassing phone calls to minors absent a showing of intent to entice or solicit the child for illicit sexual purposes.

[Compiled from
1999 Report on Cyberstalking: A New Challenge for Law Enforcement and Industry, a Report from the Attorney General to the Vice President, August 1999].

[Back to Module V] [Industry Efforts] [First Amendment Issues] [Growing Problem]

When you are Stalked by Someone, No matter who you are Or if you are famous or not it is still a format you must go thru to have your stalker stopped and put in jail or stopped by the courts. 4 million people are stalked every year just in the U.S.A, Many end in Death. 60% of Victims of Stalking do not Report it to the police. Men and women both have stalkers, Men are less likely to report stalking. Children are also stalked, Bullied and Cyber Bullied as the new movie BULLY by The Weinstein company. Brilliant!

FEDERAL INTERSTATE STALKING LAWS-
IT IS A FEDERAL CRIME TO TRAVEL ACROSS STATE TRIBAL OR INTERNATIONAL LINES TO STALK SOMEONE.
THE FEDERAL LAW INCLUDES STALKING BY MAIL, EMAIL, OR INTERNET /CYBER STALKING FEDERAL.

Dear Friends,

Here are just Some of a Stalkers Patterns some are lifetime Stalkers. You will need serious goverment help and A network of people to help you. We will go over the plan here with you. But, if you are in danger call 911. 
Tell everyone your story DO NOT keep it quiet the more people know about your stalker OR cyber bully. There is a much the better chance they will go away and be caught. Help is in numbers.


1.)  All Stalkers like THE Cat and Mouse game they think any interaction with you, Your family,Your Friends, Work, Any social events you may attend, Anything you have a connection or interest in and any other information they can find on or about you is a connection for your stalker to have a connection.

2.) If a Stalker finds something new you are doing they will find or call the people involved. Stalkers become a menice to almost everyone in your life there goal is to BULLY everyone. 
Most everyone becomes afraid of your stalker. Because they do not want there family or life to be ruined either.  Once again, The Cat and Mouse game is very important to your stalker.

3.)  Stalkers are great story tellers, But, When a stalker or bully is put to the test they fail greatly in a investigation they have no facts for the reason they are trying to be in your life. The reasons for the story they have made up in there mind becomes very apparent for the investigator. Stalkers and Bullys tell a very long string of lies and more strange stories to suit the reason for stalking.

4.) The most common reason for stalking is a relationship gone bad. Stalkers don't necessarily have psychological disorders, In fact, research indicates that most stalkers have above average intelligence, but many have emotional and personality disorders.Making someone your focus for no reason is not normal.

5.) These people need to have control over everyone in there life. These people want control because they have no control or power in there own life. It is a Great need for then to Control at any cost.