Cybercrimes are a relatively new area of law, and regulations continue to evolve. /TT0 243 0 R /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] >> Particularly in instances where there are no laws explicitly against cyberbullying, it is not uncommon for defendants to argue that their conduct amounts to an exercise of their freedom of speech. Halder, D. & Jaishankar, K. (2008). /S /P /StructParents 19 >> << 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 endobj endobj /K [4 469 0 R 40 470 0 R 42 471 0 R 44 472 0 R 46] /S /Footnote On the Internet, public messages can be accessed by anyone at any time. /K 4 /Rotate 0 /P 9 0 R travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United, places that person in reasonable fear of the death of, or, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a, Pub. >> 45 0 obj 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. /P 9 0 R /S /Footnote 104 0 obj << 33 0 R 364 0 R 41 0 R 365 0 R 41 0 R 366 0 R 42 0 R] /P 9 0 R >> /Pg 31 0 R /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] /K 5 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. 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 << >> /K [8 415 0 R 28] << Webfocuses on the difficulties of dealing with international crime in general and international (cyber)stalking in specific. 139 0 obj /S /P << /CS0 [/ICCBased 241 0 R] /P 9 0 R << /Contents 316 0 R /Pg 17 0 R endobj Abstract /StructParents 6 /Pg 27 0 R /StructParents 4 55 0 obj 2006Pub. << /Pg 25 0 R /K 2 >> /K 20 146 0 obj >> /P 9 0 R [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. >> /TT1 285 0 R >> As part of his sentence, the court also entered a restitution order of $164,295.01, payable to the victims of the offense. /TT0 243 0 R << /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] Despite the fact that Canada does not have any formal laws that deal specifically with cyberstalking, existing stalking laws do encompass electronic stalking as a criminal activity. 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. << endobj /S /P 135 0 R 527 0 R 136 0 R] 21 0 obj /K [393 0 R 394 0 R 395 0 R 396 0 R 397 0 R 398 0 R 399 0 R 400 0 R 401 0 R] /S /P /Pg 27 0 R 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 /K [556 0 R 557 0 R 558 0 R 559 0 R 560 0 R 561 0 R] 212 0 obj endobj << /Pg 19 0 R Cyberstalking can result in a lifelong prison sentence if the actions resulted in the victims death. /CropBox [0.0 0.0 595.32 841.92] 26 0 obj /P 9 0 R For example, in the case of United States v. Lori Drew, in which Megan Meier had committed suicide after being bullied on MySpace, three of the four charges against the defendant (Drew) were actually in response to alleged violations of the Computer Fraud and Abuse Act, since specific statues against cyberbullying were not on the books. << /K 6 /Type /Page >> << In an interesting paper, Chik discusses international cyberstalking regulatory considerations. /P 9 0 R /Parent 3 0 R /P 9 0 R [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. /F2 224 0 R /Pg 18 0 R /K 3 /Pg 28 0 R /S /P << >> /S /P Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a persons relative right to privacy, and manifests in repeated actions over time [2]. Classifying common police problems: A routine activity approach (Crime Prevention Studies, Vol. /K 1 /TT2 244 0 R << /Rotate 0 /K 1 endobj /K 15 << /Type /Pages /P 9 0 R >> >> /K [2 574 0 R 15 575 0 R 576 0 R 577 0 R] /K 2 [2] Not only is the issue of cyberbullying extensive, it has adverse effects on adolescents: increased depression, suicidal behavior, anxiety, and increased susceptibility of drug use and aggressive behavior.[3]. endobj << /Annots [310 0 R 311 0 R 312 0 R 313 0 R 314 0 R 315 0 R] << 514 0 R 131 0 R] /Pg 22 0 R However, this distinction is one of semantics, and many laws treat bullying and stalking as much the same issue. /TT3 245 0 R Monsey, NY: Criminal Justice Press. >> /S /P >> 174 0 obj /Pg 13 0 R << /Pg 27 0 R /CS0 [/ICCBased 241 0 R] /P 9 0 R /P 9 0 R uuid:271fb036-f088-4ba0-9cbc-b0d52ee3eb8a /S /P /Font << endobj This is the Convention on Cybercrime, signed by the Council of Europe in Budapest on November 23, 2001. 185 0 R null 578 0 R null 635 0 R 636 0 R] >> /Keywords () Opponents point out that harassment on college campuses is already prohibited under existing laws; furthermore, they point out that harassment based on sexual orientation is also covered under existing statutes. endobj /S /P << /Type /Page << >> << 72 0 obj << /Pg 21 0 R 86 0 obj /P 9 0 R /Resources << /K 4 /Font << >> /Type /Page >> endobj endobj 69 470 0 R 70 471 0 R 71 472 0 R 72 621 0 R 73 482 0 R endobj /S /Sect /Pg 27 0 R /K 5 << 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 /S /P >> << endobj WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. 212 0 R 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] /S /P 194 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 << Spitzberg, B. H., & Hoobler, G. (2002). WebCaselaw Access Project cases. << /S /Footnote << /P 9 0 R /Type /Page endobj 2 0 obj endobj /Parent 8 0 R << /S /P /P 9 0 R /P 9 0 R Senator Frank Lautenberg (D-NJ) and Representative Rush D. Holt, Jr. (D-NJ-12) introduced the "Tyler Clementi Higher Education Anti-Harassment Act", which would mandate that colleges and universities that receive federal funding have policies in place to address harassmentincluding cyberbullying. /MediaBox [0.0 0.0 595.32 841.92] /StructParents 14 /Contents 323 0 R >> An early example, the Violence Against Women Act, passed in 2000, included cyberbullying in a part of interstate status on harassment. /Pg 31 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 /P 9 0 R 60 0 obj 48 0 obj << [29] In addition, Section 1708.7 of the California Civil Code outlines grounds for an individual suing their cyberstalker and any accomplices for general damages, special damages, and punitive damages for cyberstalking. /S /Footnote /S /P << 50 0 obj /Pg 30 0 R 23 0 obj 9 620 0 R << Also, law enforcement officers must be trained to deal with cyberstalking. /CS1 [/ICCBased 242 0 R] >> /Font << /K [0 407 0 R 22] endobj /P 9 0 R /Subscript /Span << In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." /S /P No one shall be subjected to torture or to cruel, inhuman or degrading treatment. /CS0 [/ICCBased 241 0 R] >> >> /P 9 0 R 219 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 135 0 obj >> /Pg 15 0 R endobj /Parent 8 0 R Lurigio and S. Herman (eds. endobj 106 0 obj /K 4 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 /Kids [23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R] >> /CS1 [/ICCBased 242 0 R] << >> /Type /Pages /Pg 32 0 R 144 0 obj 96 0 obj to make someone else afraid or concerned about their safety [1]. >> /Pg 20 0 R 369 0 R null 370 0 R null 367 0 R 44 0 R 368 0 R 44 0 R] /TT0 243 0 R /K [4 428 0 R 33 429 0 R 35 430 0 R 37] /Pg 22 0 R /K 5 /S /P /TT2 245 0 R WebAs a first degree misdemeanor, cyberstalking in Florida is punishable by up to 12 months in county jail and up to a $1000 fine. /Rotate 0 /P 4 0 R /K 17 /Pg 26 0 R /K 13 endobj << /Font << /Pg 29 0 R /Resources << >> 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null /MediaBox [0.0 0.0 595.32 841.92] /StructParents 16 121 0 R 122 0 R null 476 0 R null 477 0 R null 478 0 R null 479 0 R /K 3 << endobj /K 16 /CS0 [/ICCBased 241 0 R] /P 9 0 R >> /P 9 0 R /CS0 [/ICCBased 241 0 R] 92 0 obj endobj /K 1 Under this statute, cyberstalking includes harassment through the use of electronic communications as well as accessing or attempting to access the online accounts or internet-connected home electronic systems of another person without that persons << >> /K 6 >> /P 9 0 R >> /P 9 0 R Pittaro M. L. (2007). /Resources << endobj >> "Electronic communication" includes transmissions by a computer through the Internet to another computer. 147 0 obj /Rotate 0 However, state laws vary in how they handle cyberstalking.Technology can quickly be put to use by stalkers; for /S /P >> endobj endobj 183 0 obj << /CreationDate (D:20110216102934+01'00') /TT2 244 0 R 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). In 2009, Representative Linda Snchez (D-CA) brought legislation titled the "Megan Meier Cyberbullying Prevention Act" before the U.S. House of Representatives. /P 9 0 R /P 9 0 R /Count 10 It stipulates various ranges of imprisonment for anyone who uses endobj /TT1 244 0 R endobj /Pg 30 0 R xV]sF4/m::%aN4!-W~Ho^XJkH{V[?7tp5v^ymqS_ `.O>LjimLi41?u(j&Yh?Zm\lZ !Gs'#~?#U /K 14 << >> WebThis chapter advises that all governments should enact new laws that specifically target electronic stalking activities. /P 9 0 R /S /P >> /Pg 14 0 R /S /P << 105 0 R 465 0 R 106 0 R 466 0 R 106 0 R 467 0 R 107 0 R 468 0 R 108 0 R 469 0 R >> endobj >> /Resources << << /P 9 0 R 53 0 obj State laws can deal with some forms of cyberbullying, such as documents containing threats,[4] and threats to destroy and damage property. 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. endobj /K 26 << /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] endobj /K 1 << /K 5 2011-02-16T10:29:38+01:00 << 169 0 obj /S /P << null 456 0 R null 457 0 R null 458 0 R null 459 0 R null 460 0 R WebSection 127 can be used as an alternative offence to such crimes for example as hate crime (including race, religion, disability, homophobic, sexual orientation, and transphobic crime), hacking offences, cyber bullying, cyber stalking, amongst others. 141 0 obj endobj << >> /Annotation /Span The DRB was open about the absence of precedent for the specific federal crime of cyberstalking and searched nationally for a comparable case, said Roger Plawker of Pashman Stein Walder Hayden. /Pg 23 0 R [26] After sending hundreds of threatening e-mails to an actress, another male convicted after spending months in jail waiting for trial was sentenced in 2001 to five years probation, forbidden access to computers and forced to attend mental health counseling. /S /Footnote /K 5 This website contains the federal and individual state laws on cyberstalking. 58 0 obj >> /Parent 8 0 R 105 0 obj /Pg 22 0 R >> /P 9 0 R /Pg 31 0 R 37 390 0 R 38 391 0 R 39 392 0 R 40 402 0 R 41 403 0 R >> 116 0 obj /K 2 (1)(A)(iv). >> 625 0 R 626 0 R 510 0 R 131 0 R 511 0 R 131 0 R 512 0 R 131 0 R 513 0 R 131 0 R /S /P Retrieved October 14, 2019, from. endobj /K 6 >> Judge Leighton placed an injunction on the law to block its enforcement pending appeal. /S /P /S /P /Pg 27 0 R Indian Journal of Criminology & Criminalistics, 31(1), 16 30. /P 9 0 R /Pg 31 0 R http://www.haltabuse.org/resources/laws/federal.shtml. 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