/MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R >> endobj endobj 209 0 obj 17 0 obj 103 0 obj [46][47] Universities would be required to address harassment that focuses on real or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion. 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 143 0 obj /S /P /K 5 180 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. 2018Par. 100 0 obj /K [533 0 R 534 0 R 535 0 R 536 0 R 537 0 R 538 0 R 539 0 R 540 0 R] 56 0 obj >> The list model lists types of offences and provides certainty, but is rather restrictive. 62 453 0 R 63 464 0 R] 69 0 obj /Pg 17 0 R /Comments () 10 [110 0 R 112 0 R 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R /S /P /CS0 [/ICCBased 241 0 R] endobj /MediaBox [0.0 0.0 595.32 841.92] 195 0 R 196 0 R 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R 202 0 R 203 0 R 204 0 R] WebCybercrime is a growing concern to countries at all levels of developments and affects both, buyers and sellers. /P 9 0 R /Annots [229 0 R 230 0 R 231 0 R 232 0 R] /Metadata 2 0 R /Pg 17 0 R null 461 0 R null 462 0 R 620 0 R 462 0 R null 463 0 R null 464 0 R /Rotate 0 << WebCyberstalking is examined with respect to its nature and extent; the steps that law enforcement, industry, victim groups, and others are currently taking to address the problem; the adequacy of current Federal and State laws; and recommendations to improve efforts to address this increasing problem. endobj /P 9 0 R >> >> << /Pg 29 0 R >> /K 1 /K 4 Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? << 74 483 0 R 75 484 0 R 76 485 0 R 77 486 0 R 78 623 0 R << /Annots [324 0 R 325 0 R 326 0 R 327 0 R 328 0 R 329 0 R] /CS0 [/ICCBased 241 0 R] 217 0 obj 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 /Pg 20 0 R << /MediaBox [0.0 0.0 595.32 841.92] /K 8 In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." /Pg 13 0 R 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R >> [12][13], That said, true threats are not considered to be protected speech. << /Pg 22 0 R /TT0 243 0 R /Pg 22 0 R /Type /Page Nothing; existing stalking laws can apply. 159 0 obj /K 5 << endobj 47 414 0 R 48 415 0 R 49 416 0 R 50 418 0 R 51 424 0 R endobj New York state passed the Dignity For All Students Act, focusing primarily on elementary and middle school students. >> /Xf1 227 0 R /Pg 28 0 R ), Victims of Crime (3rd edn, California, Thousand Oaks, 2007), pp. A lock ( /K [2 564 0 R 30 565 0 R 32] << /K [0 407 0 R 22] /Pg 21 0 R %PDF-1.5 endobj << /Type /Pages Jurisdictional and definitional concerns with computer-mediated interpersonal crimes: An analysis on cyber stalking. endobj /S /P 2006Pub. /Endnote /Note >> /S /P /Nums [64 465 0 R 65 466 0 R 66 467 0 R 67 468 0 R 68 469 0 R << /K [22 452 0 R 46] >> << /Pg 26 0 R Download PDF. purposes: (c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. /Pg 15 0 R Prior to February 2013, there were no laws that directly regulate cyberstalking in India. >> /P 9 0 R /TT1 245 0 R << << /S /P 95 0 R 96 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R null 447 0 R 420 0 R null 421 0 R null 422 0 R null 423 0 R null 418 0 R 78 0 R 21 581 0 R 22 359 0 R 23 364 0 R 24 365 0 R 2013Pub. /Font << 124 0 obj /Font << /P 9 0 R endobj /S /P endobj endobj >> 1 0 obj endobj /S /P /Pg 17 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. >> /CreationDate (D:20110216102934+01'00') /Type /Page 103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R 109 0 R 110 0 R 111 0 R 112 0 R /Pg 32 0 R >> [48] In addition, as with the Snchez bill, there are questions as to the free speech implications.[49]. endobj >> << /K 4 >> /K 13 endobj What are the Penalties for Cyberstalking? << (2)(A). Monsey, NY: Criminal Justice Press. endobj [41] << /Pg 25 0 R The other bill, SB 5628, focused on online harassment and was written with the Anti-Defamation League to update the existing law to uphold the First Amendment. /P 9 0 R endobj 67 0 obj 123 0 obj /P 9 0 R /Pg 18 0 R Davis, A.J. >> /Pg 32 0 R International law emphasizes a supranational concept related to cybercrime. In addition to imprisonment, the court may also order the alleged offender to pay a $250,000 fine. /Pg 25 0 R /S /P 55 0 obj /TT2 245 0 R >> [5], Commonwealth offences that criminalise the misuse of telecommunication services are also relevant when technology is used to communicate harassment[6] or threats. 44 0 obj /Type /Page >> 7, 2013, see section 4 of Pub. /P 9 0 R /P 9 0 R /Pg 30 0 R "Electronic communication" includes transmissions by a computer through the Internet to another computer. First Amendment concerns often arise when questionable speech is uttered or posted online. << 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. /P 9 0 R 48 0 obj endobj << /Subscript /Span /K [8 371 0 R 372 0 R 373 0 R] [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. >> >> << 30 383 0 R 31 384 0 R] >> /S /P /S /P 33 0 obj /Count 5 /Type /Page endobj << /P 9 0 R /S /P /Pg 30 0 R >> << /Font << /Chart /Figure endobj /K 1 Cyber Crimes And Law In India. /Annots [249 0 R 250 0 R 251 0 R 252 0 R 253 0 R 254 0 R 255 0 R 256 0 R] /CropBox [0.0 0.0 595.32 841.92] << /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] /S /P >> /Contents 284 0 R 19 [185 0 R 186 0 R 187 0 R 188 0 R 189 0 R 190 0 R 191 0 R 192 0 R 193 0 R 194 0 R 42 404 0 R 43 405 0 R 44 406 0 R 45 407 0 R 46 413 0 R Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious In 2013, Indian Parliament made amendments to the Indian Penal Code, introducing cyberstalking as a criminal offence. Pub. /P 9 0 R /Contents 302 0 R >> endobj /K 16 L. 115334, 12502(a)(1)(A), added cl. >> << >> /K [7 566 0 R 567 0 R 568 0 R 569 0 R 570 0 R] /CS0 [/ICCBased 241 0 R] endobj endobj 178 0 obj /Contents 316 0 R /Pages 3 0 R << 111 0 obj >> >> /P 9 0 R 197 0 obj /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.. /S /P /Pg 25 0 R /Font << 126 0 obj ;.d.CLX2Xs?hwn;.q`oG{cO`&>x!] _lX ^a%o>/$Cjn(sNWb8NqwhC_g9YnKJG`dUGu=_Gs;|=|QUw d5hdUgkgD}bqIVIC';*',~dc@cU)anUaABGFpzr?Em-Mz~n.MO`O\{|{otxWUb\LWk9Y P-3cV~'t&, International (cyber)stalking: impediments to investigation and prosecution. /S /P Tilburg University However, like the Megan Meier Cyberbullying Prevention Act, this bill also has its detractors. /S /P One person (or group), the provocateur, is exerting a view or opinion that the other person (or group), the target, finds offensive, hurtful, or damaging in some way. /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] /Pg 22 0 R /P 9 0 R /S /P 165 0 obj /Pg 15 0 R endobj /K [2 581 0 R 4] /K 11 /K 1 >> The motivation behind the bill in 1990 where 50 U.S. states and the federal government passed a bill to "criminalize" stalking was due to the cases of stalking against celebrities (Spitzberg & Hoobler, 2002). /Pg 19 0 R (Source: P.A. >> /MediaBox [0.0 0.0 595.32 841.92] Federal Criminal Cyberstalking Statutes [13] Both section 2261A(2) and section 875(c) are federal criminal statutes used to prosecute cyberstalking cases. /K 3 >> /P 9 0 R More technologically sophisticated e-mail harassers send "mail bombs," which fill a person's mailbox with hundreds or even thousands of unwanted messages in the hope of making the account useless. /P 9 0 R /S /P /Pg 30 0 R >> /S /P /K [0 389 0 R 23 390 0 R 25 391 0 R 27 392 0 R 29] endobj /P 9 0 R The jury eventually found Drew innocent of the charges (but guilty of a misdemeanor), a verdict that was later set aside by the judge. << endobj /Pg 27 0 R /P 9 0 R /P 9 0 R /Pg 31 0 R endobj /S /P /MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R Washington state has enacted a criminal cyber-stalking statute that threatens its citizens with prosecution and incarceration for innocent online speech protected by the First Amendment. /K 3 1-1-09; 95-984, eff. 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 Webprosecution of international (cyber)stalking and whether some of these problems could be solved. /Title (International \(cyber\)stalking: impediments to investigation and prosecution) /P 9 0 R /P 9 0 R /S /P /P 9 0 R [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /S /P /Rotate 0 /S /P endobj null 516 0 R 133 0 R 517 0 R 133 0 R 524 0 R 135 0 R 525 0 R 135 0 R 526 0 R null 519 0 R null 520 0 R null 521 0 R null 522 0 R null 523 0 R 14 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 93 0 obj /Rotate 0 Cyberstalking: A new challenge for law enforcement and industry. /Parent 6 0 R 210 0 obj /K 3 /K [2 418 0 R 19] /S /P /Pg 13 0 R /P 9 0 R /CS1 [/ICCBased 242 0 R] /K [5 510 0 R 23 511 0 R 25 512 0 R 27 513 0 R 29 514 0 R << << /S /P endobj /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 Africa the lowest (72 per cent). << /Pg 19 0 R /Pg 30 0 R [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. << endobj /S /P /StructParents 12 endobj << >> /K 6 /S /P << /TT3 244 0 R endobj /Pg 30 0 R Amendment by Pub. >> 179 0 obj 119 0 obj null 629 0 R 630 0 R 631 0 R 630 0 R 562 0 R 155 0 R 563 0 R 155 0 R 564 0 R >> uuid:d8c3b813-d862-4a2b-984b-af1190141099 endobj /S /P /P 9 0 R /S /P uuid:271fb036-f088-4ba0-9cbc-b0d52ee3eb8a 175 0 R 176 0 R 177 0 R 178 0 R 179 0 R 180 0 R 181 0 R 182 0 R 183 0 R 184 0 R [23] It also lists those states that do not have laws yet and related laws from other countries. /K [7 388 0 R 40] WebInstead of laws specifically covering cyberstalking and cyberharassment, most countries use stalking and/or harassment laws to prosecute the perpetrators of these cybercrimes. Par. 135 0 obj /P 9 0 R For example, a student in California who was suspended from school based on cyberbullying claims took the school district to court, citing a breach of her First Amendment rights; the court agreed with the student and found the school district had overstepped its authority. /Resources << Pittaro M. L. (2007). 213 0 obj /S /P /Pg 31 0 R null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R /Pg 16 0 R WebCyberstalking is the use of the Internet, email, text messaging, or other electronic communications to follow someone in a threatening manner, and generally refers to using /K 1 endobj /Parent 6 0 R /S /P A study on cyberstalking: Understanding investigative hurdles. /P 9 0 R 96 0 R 445 0 R 96 0 R 446 0 R 96 0 R 452 0 R 98 0 R 453 0 R 103 0 R] /S /P endobj >> >> /K 6 /StructParents 3 endobj >> The primary distinction is one of age; if adults are involved, the act is usually termed cyberstalking, while among children it is usually referred to as cyberbullying. /ColorSpace << 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. /Contents 342 0 R /K 17 /P 9 0 R 215 0 obj /Contents 280 0 R /Pg 20 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 /S /P /Parent 3 0 R 141 0 obj /P 9 0 R /Pg 32 0 R "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. /P 9 0 R However, this is limited to the victims of family violence. >> endobj /Annotation /Span 43 0 R 44 0 R 45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R /K 25 >> /Type /Page >> >> 106 0 obj /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] >> A qualitative study on the perception of cyber stalking and the adequacy of the anti-stalking law to regulate such crime in Malaysia is somewhat scarce. endobj /F3 225 0 R /Pg 28 0 R >> << In an interesting paper, Chik discusses international cyberstalking regulatory considerations. 31] /P 9 0 R 39 0 obj /Pg 19 0 R /TT1 245 0 R /TT2 245 0 R /S /P endobj endobj 42 0 obj /S /P << /S /P >> >> /Contents 309 0 R /Font << << /K [6 550 0 R 17] >> >> 169 0 obj 183 0 obj /CS0 [/ICCBased 241 0 R] /TT0 243 0 R >> /K 1 204 0 obj << << endobj 164 0 obj Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. /P 9 0 R endobj /Pg 31 0 R 114 574 0 R 115 635 0 R] /S /P /P 9 0 R Making any comment, request, suggestion or proposal which is obscene with an intent to offend; Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person; Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device; Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or. /K 15 << /S /P /Resources << 206 0 obj [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]. /Resources << /Pg 19 0 R /TT0 243 0 R << >> endobj 127 0 obj 66 0 obj Finally, the Convention on Cybercrime will be analysed to see 402 0 R 64 0 R 403 0 R 65 0 R 404 0 R 65 0 R 405 0 R 65 0 R 406 0 R 65 0 R] 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 49 0 obj 632 0 R 633 0 R 634 0 R 633 0 R 574 0 R 164 0 R] 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. /S /Footnote << << << /P 9 0 R /P 9 0 R /S /P /K 26 << 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. /K 12 In addition, opponents call the proposed sentences (up to two years incarceration) excessive. /Pg 17 0 R /Rotate 0 << >> << /Rotate 0 50 0 obj >> /P 9 0 R /K 4 Secure .gov websites use HTTPS /CropBox [0.0 0.0 595.32 841.92] /S /P /P 9 0 R /K 10 endobj /S /P /TT1 244 0 R /Pg 21 0 R /K 4 /S /P /Contents 291 0 R /TT1 245 0 R 167 0 obj Obj /p 9 0 R /Pg 28 0 R /Pg 22 0 R endobj 67 0 obj /Type Nothing... 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