What
Is Cyberstalking?
Although
there is no universally accepted definition of cyberstalking, the term is used
in this report to refer to the use of the Internet, e-mail, or other electronic
communications devices to stalk another person. Stalking generally involves
harassing or threatening behavior that an individual engages in repeatedly,
such as following a person, appearing at a person's home or place of business,
making harassing phone calls, leaving written messages or objects, or
vandalizing a person's property. 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
only that the alleged stalker's course of conduct constitute an implied threat.(1)
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.
Nature
and Extent of Cyberstalking
An
existing problem aggravated by new technology
Although
online harassment and threats can take many forms, cyberstalking shares
important characteristics with offline stalking. Many stalkers - online or off
- are motivated by a desire to exert control over their victims and engage in
similar types of behavior to accomplish this end. As with offline stalking, the
available evidence (which is largely anecdotal) suggests that the majority of cyberstalkers
are men and the majority of their victims are women, although there have been
reported cases of women cyberstalking men and of same-sex cyberstalking. In
many cases, the cyberstalker and the victim had a prior relationship, and the
cyberstalking begins when the victim attempts to break off the relationship.
However, there also have been many instances of cyberstalking by strangers.
Given the enormous amount of personal information available through the
Internet, a cyberstalker can easily locate private information about a
potential victim with a few mouse clicks or key strokes.
The
fact that cyberstalking does not involve physical contact may create the
misperception that it is more benign than physical stalking. This is not
necessarily true. As the Internet becomes an ever more integral part of our
personal and professional lives, stalkers can take advantage of the ease of
communications as well as increased access to personal information. In
addition, the ease of use and non-confrontational, impersonal, and sometimes
anonymous nature of Internet communications may remove disincentives to
cyberstalking. Put another way, whereas a potential stalker may be unwilling or
unable to confront a victim in person or on the telephone, he or she may have little
hesitation sending harassing or threatening electronic communications to a
victim. Finally, as with physical stalking, online harassment and threats may
be a prelude to more serious behavior, including physical violence.
|
Offline vs. Online Stalking -- A Comparison(2) Major Similarities Majority of cases involve stalking by former
intimates, although stranger stalking occurs in the real world and in
cyberspace. Most victims are women; most stalkers are
men. Stalkers are generally motivated by the desire
to control the victim. Major Differences Offline stalking generally requires the
perpetrator and the victim to be located in the same geographic area;
cyberstalkers may be located across the street or across the country. Electronic communications technologies make it
much easier for a cyberstalker to encourage third parties to harass and/or
threaten a victim (e.g., impersonating the victim and posting inflammatory
messages to bulletin boards and in chat rooms, causing viewers of that
message to send threatening messages back to the victim
"author.") Electronic communications technologies also
lower the barriers to harassment and threats; a cyberstalker does not need to
physically confront the victim. |
While
there are many similarities between offline and online stalking, the Internet
and other communications technologies provide new avenues for stalkers to
pursue their victims.
A
cyberstalker may send repeated, threatening, or harassing messages by the
simple push of a button; more sophisticated cyberstalkers use programs to send
messages at regular or random intervals without being physically present at the
computer terminal. California law enforcement authorities say they have
encountered situations where a victim repeatedly receives the message
"187" on their pagers - the section of the California Penal Code for
murder. In addition, a cyberstalker can dupe other Internet users into
harassing or threatening a victim by utilizing Internet bulletin boards or chat
rooms. For example, a stalker may post a controversial or enticing message on
the board under the name, phone number, or e-mail address of the victim,
resulting in subsequent responses being sent to the victim. Each message --
whether from the actual cyberstalker or others -- will have the intended effect
on the victim, but the cyberstalker's effort is minimal and the lack of direct
contact between the cyberstalker and the victim can make it difficult for law
enforcement to identify, locate, and arrest the offender.
The
anonymity of the Internet also provides new opportunities for would-be
cyberstalkers. A cyberstalker's true identity can be concealed by using
different ISPs and/or by adopting different screen names. More experienced
stalkers can use anonymous remailers that make it all-but-impossible to
determine the true identity of the source of an e-mail or other electronic
communication. A number of law enforcement agencies report they currently are
confronting cyberstalking cases involving the use of anonymous remailers.
Anonymity
leaves the cyberstalker in an advantageous position. Unbeknownst to the target,
the perpetrator could be in another state, around the corner, or in the next
cubicle at work. The perpetrator could be a former friend or lover, a total
stranger met in a chat room, or simply a teenager playing a practical joke. The
inability to identify the source of the harassment or threats could be
particularly ominous to a cyberstalking victim, and the veil of anonymity might
encourage the perpetrator to continue these acts. In addition, some
perpetrators, armed with the knowledge that their identity is unknown, might be
more willing to pursue the victim at work or home, and the Internet can provide
substantial information to this end. Numerous websites will provide personal
information, including unlisted telephone numbers and detailed directions to a
home or office. For a fee, other websites promise to provide social security
numbers, financial data, and other personal information.
Evidence
suggests cyberstalking is a growing problem
Although
there is no comprehensive, nationwide data on the extent of cyberstalking in
the United States, some ISPs compile statistics on the number and types of
complaints of harassment and/or threats involving their subscribers, and
individual law enforcement agencies have compiled helpful statistics. There is,
moreover, a growing amount of anecdotal and informal evidence on the nature and
extent of cyberstalking.
First,
data on offline stalking may provide some insight into the scope of the
cyberstalking problem. According to the most recent National Violence Against
Women Survey, which defines stalking as referring to instances where the victim
felt a high level of fear:(3)
·
In the United States, one out
of every 12 women (8.2 million) and one out of every 45 men (2 million) have
been stalked at some time in their lives.
·
One percent of all women and
0.4 percent of all men were stalked during the preceding 12 months.
·
Women are far more likely to
be the victims of stalking than men - nearly four out of five stalking victims
are women. Men are far more likely to be stalkers - 87 percent of the stalkers
identified by victims in the survey were men.
·
Women are twice as likely as
men to be victims of stalking by strangers and eight times as likely to be
victims of stalking by intimates.
In the United States, there
are currently more than 80 million adults and 10 million children with access
to the Internet. Assuming the proportion of cyberstalking victims is even a
fraction of the proportion of persons who have been the victims of offline
stalking within the preceding 12 months, there may be potentially tens or even
hundreds of thousands of victims of recent cyberstalking incidents in the
United States.(4) Although such a "back of the
envelope" calculation is inherently uncertain and speculative (given that
it rests on an assumption about very different populations), it does give a
rough sense of the potential magnitude of the problem.
Second,
anecdotal evidence from law enforcement agencies indicates that cyberstalking
is a serious - and growing - problem. At the federal level, several dozen
matters have been referred (usually by the FBI) to U.S. Attorney's Offices for
possible action. A number of these cases have been referred to state and local
law enforcement agencies because the conduct does not appear to violate federal
law.
In
addition, some local law enforcement agencies are beginning to see cases of
cyberstalking. For example, the Los Angeles District Attorney's Office
estimates that e-mail or other electronic communications were a factor in
approximately 20 percent of the roughly 600 cases handled by its Stalking and
Threat Assessment Unit. The chief of the Sex Crimes Unit in the Manhattan
District Attorney's Office also estimates that about 20 percent of the cases
handled by the unit involve cyberstalking. The Computer Investigations and
Technology Unit of the New York City Police Department estimates that almost 40
percent of the caseload in the unit involves electronic threats and harassment
-- and virtually all of these have occurred in the past three or four years.
Third,
ISPs also are receiving a growing number of complaints about harassing and
threatening behavior online. One major ISP receives approximately 15 complaints
per month of cyberstalking, in comparison to virtually no complaints of
cyberstalking just one or two years ago.
Finally,
as part of a large study on sexual victimization of college women, researchers
at the University of Cincinnati conducted a national telephone survey of 4,446
randomly selected women attending two- and four-year institutions of higher
education. The survey was conducted during the 1996-97 academic year. In this
survey, a stalking incident was defined as a case in which a respondent
answered positively when asked if someone had "repeatedly followed you,
watched you, phoned, written, e-mailed, or communicated with you in other ways
that seemed obsessive and made you afraid or concerned for your safety."
The study found that 581 women (13.1 percent) were stalked and reported a total
of 696 stalking incidents; the latter figure exceeds the number of victims
because 15 percent of the women experienced more than one case of stalking
during the survey period. Of these 696 stalking incidents, 166 (24.7 percent)
involved e-mail. Thus, 25 percent of stalking incidents among college women
could be classified as involving cyberstalking.(5)
Current
Efforts to Address Cyberstalking
The
law enforcement response
Cyberstalking
is a relatively new challenge for most law enforcement agencies. The first
traditional stalking law was enacted by the state of California in 1990 - less
than a decade ago. Since that time, some law enforcement agencies have trained
their personnel on stalking and/or established specialized units to handle
stalking cases. Nonetheless, many agencies are still developing the expertise
and resources to investigate and prosecute traditional stalking cases; only a
handful of agencies throughout the country have focused attention or resources
specifically on the cyberstalking problem.(6)
Law
enforcement response: awareness and training are key factors
Based
on recent informal surveys of law enforcement agencies, it appears that the
majority of agencies have not investigated or prosecuted any cyberstalking
cases. However, some agencies - particularly those with units dedicated to
stalking or computer crime offenses - have large cyberstalking caseloads. As
noted above, the New York Police Department's Computer Investigation and
Technology Unit and the Los Angeles District Attorney's Stalking and Threat
Assessment Team estimate that 40 and 20 percent of their caseloads,
respectively, involve cyberstalking-type cases.
The
disparity in the activity level among law enforcement agencies can be
attributed to a number of factors. First, it appears that the majority of
cyberstalking victims do not report the conduct to law enforcement, either
because they feel that the conduct has not reached the point of being a
criminal offense or that law enforcement will not take them seriously. Second,
most law enforcement agencies have not had the training to recognize the
serious nature of cyberstalking and to investigate such offenses.
Unfortunately, some victims have reported that rather than open an
investigation, a law enforcement agency has advised them to come back if the
cyberstalkers confront or threaten them offline. In several instances, victims
have been told by law enforcement simply to turn off their computers.
Another
indication that many law enforcement agencies underestimate the magnitude of
the cyberstalking problem is the wide disparity in reported cases in different
jurisdictions across the country. For example, one state attorney general's
office in a midwestern state indicated that it received approximately one
inquiry a week regarding cyberstalking cases and that it is aware of
approximately a dozen prosecutions last year alone. In contrast, the state
attorney general's offices in neighboring states indicated they have never
received an inquiry into this type of behavior. Although one would generally
expect some disparity in differing jurisdictions, the size of the disparity
suggests that some law enforcement agencies do not have the training or
expertise to recognize the magnitude of the problem in their jurisdictions.
Law
enforcement response: jurisdictional and statutory limitations may frustrate
some agencies
Some
state and local law enforcement agencies also have been frustrated by
jurisdictional limitations. In many instances, the cyberstalker may be located
in a different city or state than the victim making it more difficult (and, in
some cases, all but impossible) for the local authority to investigate the incident.
Even if a law enforcement agency is willing to pursue a case across state
lines, it may be difficult to obtain assistance from out-of-state agencies when
the conduct is limited to harassing e-mail messages and no actual violence has
occurred. A number of matters have been referred to the FBI and/or U.S.
Attorney's offices because the victim and suspect were located in different
states and the local agency was not able to pursue the investigation.
The
lack of adequate statutory authority also can limit law enforcement's response
to cyberstalking incidents. At least 16 states have stalking statutes that
explicitly cover electronic communications,(7)
and cyberstalking may be covered under general stalking statutes in other
states. It may not, however, meet the statutory definition of stalking in the
remainder. In many cases, cyberstalking will involve threats to kill, kidnap,
or injure the person, reputation, or property of another, either on or offline
and, as such, may be prosecuted under other federal or state laws that do not
relate directly to stalking.
Finally,
federal law may limit the ability of law enforcement agencies to track down
stalkers and other criminals in cyberspace. In particular, the Cable
Communications Policy Act of 1984 (CCPA) prohibits the disclosure of cable
subscriber records to law enforcement agencies without a court order and
advance notice to the subscriber. See 47 U.S.C. 551(c), (h). As more and more
individuals turn to cable companies as their ISPs, the CCPA is posing a
significant obstacle to the investigation of cybercrimes, including
cyberstalking. For example, under the CCPA, a law enforcement agency
investigating a cyberstalker who uses a cable company for Internet access would
have to provide the individual notice that the agency has requested his/her
subscriber records, thereby jeopardizing the criminal investigation. While it
is appropriate to prohibit the indiscriminate disclosure of cable records to
law enforcement agencies, the better approach would be to harmonize federal law
by providing law enforcement access to cable subscriber records under the same
privacy safeguards that currently govern law enforcement access to records of
electronic mail subscribers under 18 U.S.C. 2703. Moreover, special provisions
could be drafted to protect against the inappropriate disclosure of records
that would reveal a customer's viewing habits.
Law
enforcement response: the challenge of anonymity
Another
complication for law enforcement is the presence of services that provide
anonymous communications over the Internet. To be sure, anonymity provides
important benefits, including protecting the privacy of Internet users.
Unfortunately, cyberstalkers and other cybercriminals can exploit the anonymity
available on the Internet to avoid accountability for their conduct.
Anonymous
services on the Internet come in one of two forms: the first allows individuals
to create a free electronic mailbox through a web site. While most entities
that provide this service request identifying information from users, such
services almost never authenticate or otherwise confirm this information. For
these services, payment is typically made in advance through the use of a money
order or other non-traceable form of payment. As long as payment is received in
advance by the ISP, the service is provided to the unknown account holder. The
second form comprises mail servers that purposefully strip identifying
information and transport headers from electronic mail. By forwarding mails
through several of these services serially, a stalker can nearly perfectly
anonymize the message. The presence of both such services makes it relatively
simple to send anonymous communications, while making it difficult for victims,
providers, and law enforcement to identify the person or persons responsible
for transmitting harassing or threatening communications over the Internet.
Law
enforcement response: specialized units show promise in combating cyberstalking
A
growing number of law enforcement agencies are recognizing the serious nature
and extent of cyberstalking and taking aggressive action to respond. Some
larger metropolitan areas, such as Los Angeles and New York, have seen numerous
incidents of cyberstalking and have specialized units available to investigate
and prosecute these cases. For example, Los Angeles has developed the Stalking
and Threat Assessment Team. This team combines special sections of the police
department and district attorney's office to ensure properly trained
investigators and prosecutors are available when cyberstalking cases arise. In
addition, this specialized unit is given proper resources, such as adequate
computer hardware and advanced training, which is essential in investigating
and prosecuting these technical cases. Similarly, the New York City Police
Department created the Computer Investigation and Technology Unit. This unit
provides regular training for police officers and prosecutors regarding the
intricacies of cyberstalking investigations and prosecutions. The training
includes understanding how chat rooms operate, how to obtain and preserve
electronic evidence, and how to draft search warrants and subpoenas.
The
programs in New York and Los Angeles both ensure that enforcement personnel
receive proper training and have adequate resources to combat cyberstalking.
Other jurisdictions are also taking steps to combat cyberstalking. One of the
critical steps is learning how to trace communications sent over computers and
the Internet. Traditional law enforcement techniques for surveillance,
investigation, and evidence gathering require modification for use on computer
networks and often require the use of unfamiliar legal processes. Law
enforcement at all levels must be properly trained to use network investigative
techniques and legal process while protecting the privacy of legitimate users
of the Internet. These techniques are similar to those used in investigating
other types of computer crime. Just as a burglar might leave fingerprints at
the scene of a crime, a cyberstalker can leave an "electronic trail"
on the web that properly trained law enforcement can follow back to the source.
Thus, technological proficiency among both investigators and prosecutors is
essential.
At
present, there are numerous efforts at the federal and state levels that focus
solely on high technology crimes. These units do not focus on cyberstalking
alone, but they have the necessary expertise in computers and the Internet to
assist in the investigation of cyberstalking when it arises. For example, the
Federal Bureau of Investigation (FBI) has Computer Crime Squads throughout the
country, as well as the National Infrastructure Protection Center in
Washington, to ensure cybercrimes are properly investigated. Additionally, they
have Computer Analysis and Response Teams to conduct forensics examinations on
seized magnetic media. Similarly, in 1996 the Justice Department established
the Computer Crime and Intellectual Property Section within the Criminal
Division. These units have highly trained personnel who remain on the cutting
edge of new technology and investigative techniques. In addition, each U.S.
Attorney's office contains experienced computer crime prosecutors. These
individuals -- Computer and Telecommunications Coordinators -- assist in the
investigation and prosecution of a wide variety of computer crimes, including
cyberstalking. In addition, at the state level, several attorneys general have
established special divisions that focus on computer crimes.
Although
high-tech expertise is essential, police and prosecutors have developed other
strategies for helping victims of cyberstalking. An Assistant U.S. Attorney
reported that in two recent cases of e-mail harassment, he asked an FBI agent
to confront the would-be harasser. The agent advised that such behavior might
constitute a criminal offense. In both instances, the harassment stopped. Such
strategies, however, are no substitute for prosecution under federal or state
law in the appropriate circumstances.
A
critical step in combating cyberstalking is understanding stalking in general.
In many instances, cyberstalking is simply another phase in an overall stalking
pattern, or it is regular stalking behavior using new, high-technology tools.
Thus, strategies and techniques that have been developed to combat stalking in
general often can be adapted to cyberstalking situations. Fortunately, many
state and local law enforcement agencies have begun to focus on stalking, and
some have developed special task forces to deal with this problem. In addition,
the Attorney General submits an annual report to Congress entitled
"Stalking and Domestic Violence." This report compiles valuable
information about what the Department of Justice has learned about stalking and
stalkers and is a valuable resource for law enforcement agencies and others.(8)
Cyberstalking
is expected to increase as computers and the Internet become more popular. Accordingly,
law enforcement at all levels must become more sensitive to cyberstalking
complaints and devote the necessary training and resources to allow proper
investigation and prosecution. By becoming technologically proficient and
understanding stalking in general, agencies will be better prepared to respond
to cyberstalking incidents in their jurisdictions. In addition, state and local
agencies can turn to their local FBI or U.S. Attorney's office for additional
technical assistance. Also, computer crime units and domestic violence units
should share information and expertise, since many cyberstalking cases will
include elements of both computer crime and domestic violence. Finally, law
enforcement must become more sensitive to the fear and frustration experienced
by cyberstalking victims. Proper training should help in this regard, but law
enforcement at all levels should take the next step and place special emphasis
on this problem. Computers and the Internet are becoming indispensable parts of
America's culture, and cyberstalking is a growing threat. Responding to a
victim's complaint by saying "just turn off your computer" is not
acceptable.
Victims
and support organizations
Because
cyberstalking is a relatively new criminal phenomenon, very little public
attention and resources have been committed to addressing this crime.
Consequently, victims of online harassment and threats, often in collaboration
with victim service providers and advocates, have had to step in to fill the
void by developing their own informal support networks and informational web
sites to exchange information about how to respond to these crimes effectively.
Victim
service providers report that the Internet is rapidly becoming another weapon
used by batterers against their victims. Just as in real life, abused women can
be followed in cyberspace by their batterers, who may surreptitiously place
their target under surveillance without her knowledge and use the information
to threaten her or discredit her by putting misinformation on the Internet.
Victim service providers recommend that victims make copies of all e-mails sent
by the batterer as evidence of his stalking and advise a victim to let the
stalker know that she does not want to have any further contact with him. SAFE
House, a domestic violence victim service provider in Michigan, suggests that
victims change their passwords often; refrain from telling anyone what the
password is; do not use a password or other identifying information that the
batterer/stalker can guess; set up a program that requires a password even to
get on the computer; be sure to clear out the history information if programs
such as ICQ, AOL Communicator, and Excite PAL, are used; remember that many
chat rooms have archives that can be accessed later on by anyone; be careful
about what is said in chat rooms and use an alias that is only known to good
friends; be aware that if the screen name of the assailant is known, he can be
blocked from tracking victims through a buddy list on AOL; and, consult the ISP
about the best way to secure their account.
A focus
group convened on October 30, 1998, by the Office for Victims of Crime, a
component within the U.S. Department of Justice, sought to identify the needs
of stalking victims, including victims whose stalkers used the Internet to
track and to harass their victims. The victims at the focus group emphasized
that although the response of law enforcement and victim service providers is
important, stalking victims need a wide range of services from doctors, mental
health providers, day care providers, welfare and child protection workers,
school staff, and employers. In addition, the focus group participants
indicated that community awareness and understanding of what constitutes
stalking behavior is critical to the support and well-being of stalking
victims. Finally, all of the stalking victims reported that the consequences of
not being believed or supported, or having their fears viewed as exaggerated or
unrealistic, can be devastating. Some victims feel isolated and alone, are made
to believe that the stalking is their fault, lose primary relationships, or
fear losing their jobs. These issues are just as relevant to cyberstalking
victims as they are to victims of offline stalking.
Adequacy
of Existing Laws
Although
stalking has been a problem for many years, only in this decade has it received
significant 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.
State
cyberstalking laws
Less
than one third of the states have anti-stalking laws that explicitly cover
stalking via the Internet, e-mail, pagers, or other electronic communications.
California, for example, only recently amended its stalking statute to cover
cyberstalking. This law was used in the prosecution of a 50-year-old former
security guard who pleaded guilty on April 28, 1999, to one count of stalking
and three counts of solicitation of sexual assault after using the Internet to
solicit the rape of a woman who rejected his romantic advances. While the
general stalking statutes in some states may cover cyberstalking, all states
should review their laws to ensure they prohibit and provide appropriate
punishment for stalking via the Internet and other electronic communications.
Federal
cyberstalking laws
Federal
law provides a number of important tools that are available 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.
Although
18 U.S.C. 875 is an important tool, it is not an all-purpose anti-cyberstalking
statute. First, it applies only to communications of actual threats. Thus, it
would 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 (as in the California
case, discussed infra.).
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.(10)
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.
Thus,
although current statutes address some forms of cyberstalking, there are gaps
in current federal and state law. As outlined in the Recommendations below,
States should review their existing stalking and other statutes to determine
whether they address cyberstalking and, if not, expeditiously enact laws that
prohibit cyberstalking.
Federal
legislation also is needed to fill the gaps in current law. While most
cyberstalking cases will fall within the jurisdiction of state and local
authorities, there are instances - such as serious cyberharassment directed at
a victim in another state or involving communications intended to encourage
third parties to engage in harassment or threats - where state law is inadequate
or where state or local agencies do not have the expertise or the resources to
investigate and/or prosecute a sophisticated cyberstalking case. Therefore,
federal law should be amended to prohibit the transmission of any communication
in interstate or foreign commerce with intent to threaten or harass another
person, where such communication places another person in fear of death or
bodily injury to themselves or another person. Because of the increased
vulnerability of children, the statute should provide for enhanced penalties
where the victim is a minor. Such targeted, technology-neutral legislation
would fill existing gaps in current federal law, without displacing the primary
law enforcement role of state and local authorities and without infringing on
First Amendment-protected speech.
|
Appendix: Cyberstalking Resources Online CyberAngels: Non-profit group devoted to assisting victims of online
harassment and threats, including cyberstalking. www.cyberangels.org. GetNetWise: Online resource for families and caregivers to help kids
use the Internet in a safe and educational manner. Includes a guide to online
safety, a directory of online safety tools, and directions for reporting
online trouble. www.getnetwise.org. International Association of Computer
Investigative Specialists: IACIS is an
international volunteer non-profit corporation composed of law enforcement
professionals dedicated to education in the field of forensic computer
science. IACIS offers professional training to law enforcement agencies in a
wide range of computer crime investigative techniques, provides an opportunity
to network with other law enforcement officers trained in computer forensics, and promotes research and
development of specialized hardware and software to assist computer forensic
professionals. www.iacis.com. National Center for Victims of Crime: The National Center for Victims of Crime (formerly known
as the National Victim Center) provides referrals and advocacy services to
victims through its toll-free national hotline. Through the hotline, victims
are referred to the nearest, appropriate services in their community,
including crisis intervention, assistance with the criminal justice process,
and counseling and support groups. The National Center publishes bulletins on
a number of topics, including domestic violence, sexual assault, and
stalking. www.ncvc.org. National Cybercrime Training Partnership: This interagency, federal/state/local partnership, led
by the Department of Justice with extensive support from the Office of
Justice Programs and the National White Collar Crime Center, is developing
and delivering training to federal, state and local law enforcement agencies
on the investigation and prosecution of computer crime. Information about the
partnership can be found through the NWCCC website: www.cybercrime.org.
Privacy Rights Clearinghouse: Nonprofit consumer information and advocacy program that
offers consumers a unique opportunity to learn how to protect their personal
privacy. PRC's services include a hotline for consumers to report privacy
abuses and request information on ways to protect their privacy, fact sheets
on privacy issues, including one entitled " Are You Being Stalked? Tips
For Your Protection." www.privacyrights.org. Search Group, Inc.: SEARCH, the National Consortium for Justice Information
and Statistics, provides assistance to state and local criminal justice
agencies on a wide variety of information technology issues. SEARCH, through
its National Technical Assistance and Training Program, provides
comprehensive, hands-on training on computer crime investigations at its
headquarters in Sacramento, CA, and at regional training sites around the
country. www.search.org.
Women Halting Online Abuse (WHOA): Founded by women to educate the Internet community
about online harassment, WHOA empowers victims of online harassment and
develops voluntary policies that systems administrators can adopt to create
an environment free of online harassment. WHOA educates the online community
by developing website resources, including the creation of a safe-site and
unsafe-site list to enable users to make informed decisions, and providing
information about how users can protect themselves against harassment. whoa.femail.com. |
Excerpted from http://www.usdoj.gov/criminal/cybercrime/cyberstalking.htm