international cyberstalking laws

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 Section 67A of the Information Technology Act, 2000 punishes a person who sends or causes to send or publish any material containing sexually explicit acts or conduct in electronic media. >> /CS0 [/ICCBased 241 0 R] An Empirical Study. /S /P 2018Par. 179 0 obj /S /P /TT2 244 0 R 153 0 obj /Pg 22 0 R /Type /Page /Rotate 0 /S /P 154 0 obj >> 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. /P 9 0 R /Pg 17 0 R /K 25 /MediaBox [0.0 0.0 595.32 841.92] L. 116249 substituted section 2261(b) or section 2261B, as the case may be for section 2261(b) of this title in concluding provisions. >> 207 0 obj >> 77 0 obj >> [23] It also lists those states that do not have laws yet and related laws from other countries. /Font << /K 6 217 0 obj /Pg 32 0 R /P 9 0 R Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? << /F3 225 0 R /P 9 0 R /ColorSpace << /K [8 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] endobj 70 0 obj /P 9 0 R /CS1 [/ICCBased 242 0 R] endobj /K [2 499 0 R 25 500 0 R 27 501 0 R 502 0 R 503 0 R] 87 0 obj /K 0 /Contents 353 0 R 199 0 obj On the Internet, public messages can be accessed by anyone at any time. /CropBox [0.0 0.0 595.32 841.92] >> /K [0 389 0 R 23 390 0 R 25 391 0 R 27 392 0 R 29] /Rotate 0 WebAccording to Florida Statute 775.082, if an individual is convicted of first-degree misdemeanor cyberstalking, the individual will be punished with up to one year in jail, and a fine of up to $1,000. >> /Count 10 >> /CS0 [/ICCBased 241 0 R] 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. /P 9 0 R Cybercrimes are a relatively new area of law, and regulations continue to evolve. 116 0 obj /TT3 245 0 R /Count 6 >> /K 2 /CropBox [0.0 0.0 595.32 841.92] 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to /Resources << /TT0 243 0 R WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. << Cyber stalking generally involves unwarranted, repeated and threatening conduct of the offender via the Internet or social media platforms, which causes fear, distress or alarm to the victim. /MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R /S /Footnote /P 9 0 R 2. L. 1134, set out as a note under section 2261 of this title. endobj /S /P /Resources << 45 0 obj /Pg 30 0 R << /Pg 31 0 R /K [454 0 R 455 0 R 456 0 R 457 0 R 458 0 R 459 0 R 460 0 R 461 0 R 462 0 R 463 0 R] /S /P ), In response to Phoebe Prince's suicide, as well as that of Carl Walkerboth of whom had been bullied before taking their livesthe Massachusetts legislature in 2010 passed what advocates call one of the toughest anti-bullying laws in the nation. /Pg 28 0 R >> In the US, in practice, there is little legislative difference between the concepts of "cyberbullying" and "cyberstalking." endobj /K 14 In the case of Tyler Clementi, who killed himself after video of his homosexual encounter was broadcast on the Internet, prosecutors charged the defendants with invasion of privacy and computer crimes. /P 9 0 R 63 0 obj endobj /K 16 << /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R << endobj 190 0 obj /S /P 69 0 obj << /TT0 243 0 R a. /P 9 0 R >> 62 453 0 R 63 464 0 R] /Parent 6 0 R <> Washington, DC: U.S. Department of Justice. >> /S /P Citation is disfavored, but may be /S /P Halder, D. & Jaishankar, K. (2008). << endobj >> [12][13], That said, true threats are not considered to be protected speech. /ColorSpace << /K [9 482 0 R 28 483 0 R 30 484 0 R 32] An official website of the United States government, Department of Justice. /P 9 0 R /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] [52], International law emphasizes a supranational concept related to cybercrime. endobj /Pg 21 0 R /K 2 << /Pg 30 0 R /Pg 22 0 R << /K [1 465 0 R 32 466 0 R 34] << /K 8 << /P 9 0 R << ), Victims of Crime (3rd edn, California, Thousand Oaks, 2007), pp. Cyber Crimes against Women in India: Problems, Perspectives and Solutions. /Type /Page WebCybercrime is a growing concern to countries at all levels of developments and affects both, buyers and sellers. /Annots [246 0 R 247 0 R] /S /P >> /P 9 0 R endobj /K 1 /ParentTreeNextKey 116 /MarkInfo << 86 0 obj /K 15 95 0 obj null 529 0 R 141 0 R 530 0 R 141 0 R 531 0 R 141 0 R 532 0 R 141 0 R 541 0 R /CS0 [/ICCBased 241 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. /P 9 0 R >> /P 9 0 R << /K [5 510 0 R 23 511 0 R 25 512 0 R 27 513 0 R 29 514 0 R 55 0 R 384 0 R 56 0 R 385 0 R 56 0 R 386 0 R 56 0 R 387 0 R 56 0 R 388 0 R >> 3 [62 0 R 64 0 R 65 0 R null 393 0 R null 394 0 R null 395 0 R null /K [10 485 0 R 34 486 0 R 36] /K 12 endobj /S /P >> /P 9 0 R [14], Organizations such as the American Civil Liberties Union have taken the view that cyberbullying is an overly expansive term, and that the First Amendment protects all speech, even the reprehensible; this protection would extend to the Internet. 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 endobj Governor Signs Landmark Anti-Bullying Law", "Missouri Gov. endobj 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 75 0 obj /P 9 0 R /Annots [286 0 R 287 0 R 288 0 R 289 0 R 290 0 R] >> /P 9 0 R >> endobj endobj /Pg 32 0 R /K [2 403 0 R 33 404 0 R 35 405 0 R 37 406 0 R 39] >> << /Pg 28 0 R 218 0 obj endobj /TT0 243 0 R an immediate family member (as defined in section 115) of that person; causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or, places that person in reasonable fear of the death of or. /S /P >> endobj /Type /Page /Pg 30 0 R /Pg 24 0 R /S /P /K 1 [21], Finally, it's not uncommon for cyberbullying to be coupled with "traditional", in-person bullying, for example, in the suicide of Phoebe Prince. /Pg 27 0 R /K [5 473 0 R 474 0 R 475 0 R] [40] III. /MediaBox [0.0 0.0 595.32 841.92] 46 0 obj /K 2 >> /Pg 21 0 R endobj endobj /TT2 258 0 R 213 0 obj /Type /Page /S /P /SourceModified (D:20110216092838) /K 7 (2008). /Parent 7 0 R /P 9 0 R /P 9 0 R 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. /S /P >> 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 endobj /Pg 20 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] /P 9 0 R /S /P 99 532 0 R 100 541 0 R 101 542 0 R 102 543 0 R 103 544 0 R /K [518 0 R 519 0 R 520 0 R 521 0 R 522 0 R 523 0 R] endobj /P 9 0 R 29 0 obj /CS0 [/ICCBased 241 0 R] /Resources << /TT0 243 0 R >> << /K [20 579 0 R] endobj << 7-39). /Pg 18 0 R This case is now considered a landmark in the realm of First Amendment issues on the Internet.[17]. endobj (iv). /ColorSpace << 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 /P 9 0 R L. 115334, 12502(a)(1)(A), added cl. /P 9 0 R /S /P 3 However, there are other federal laws that can be applied to /P 9 0 R /P 9 0 R << /CS0 [/ICCBased 241 0 R] << /P 9 0 R /Parent 8 0 R 106 0 obj Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. >> 74 483 0 R 75 484 0 R 76 485 0 R 77 486 0 R 78 623 0 R >> 151 0 obj /Rotate 0 /DropCap /Figure /Pg 30 0 R Web18 U.S. Code 2261A - Stalking. c/o ISBS, 5804 N.E. /Font << 186 0 obj /K [435 0 R 436 0 R 437 0 R 438 0 R 439 0 R 440 0 R 441 0 R 442 0 R 443 0 R] << << endobj >> /Pg 31 0 R /Type /Catalog /K 4 Pub. /A 434 0 R endobj /K 15 /P 9 0 R endobj /Pg 24 0 R [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. >> UNCTAD - Palais des Nations, 8-14, Av. >> >> 163 0 R 164 0 R 165 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R /F1 223 0 R /Pg 13 0 R Google Scholar Eck J. E., Clarke R. V. (2003). /CS0 [/ICCBased 241 0 R] /Annots [281 0 R 282 0 R 283 0 R] >> /Comments () >> [24] (646.9 of the California Penal Code. endobj 47 414 0 R 48 415 0 R 49 416 0 R 50 418 0 R 51 424 0 R North Carolina State Supreme Court Strikes Down Cyberbullying Statute. >> 133 0 R 134 0 R 135 0 R 136 0 R 137 0 R 138 0 R 139 0 R 140 0 R 141 0 R 142 0 R /TT0 243 0 R /S /P /K [408 0 R 409 0 R 410 0 R 411 0 R 412 0 R] /ColorSpace << 132 0 obj 111 0 obj << /P 9 0 R /K [1 529 0 R 22 530 0 R 24 531 0 R 26 532 0 R 28] /S /P /S /P null 375 0 R null 376 0 R null 377 0 R null 378 0 R null 379 0 R /Annotation /Span 54 0 obj 142 0 obj Some U.S. states have begun to address the problem of cyberbullying. /Rotate 0 << << /Pg 20 0 R /S /P endobj endobj endobj 68 0 obj 28 0 obj Amendment by Pub. /K 14 Law Order endobj /Pg 14 0 R 109 0 R 470 0 R 109 0 R 471 0 R 109 0 R 472 0 R 109 0 R] /K 9 185 0 R null 578 0 R null 635 0 R 636 0 R] 420 0 R null 421 0 R null 422 0 R null 423 0 R null 418 0 R 78 0 R << endobj /Contents 358 0 R An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. /Annots [275 0 R 276 0 R 277 0 R 278 0 R 279 0 R] <> endobj /S /P << /P 9 0 R /Parent 8 0 R WebDavid's Law is a state law in Texas, that labels cyberstalking a misdemeanor crime, but it also lays out several other rights victims or parents of victims have in ensuring justice. /Pg 22 0 R /CS0 [/ICCBased 241 0 R] 19 0 obj /Pg 31 0 R >> >> /CS0 [/ICCBased 241 0 R] /Font << /CS0 [/ICCBased 241 0 R] /K 5 /TT1 244 0 R /S /Footnote /P 9 0 R endobj /Type /Pages << /K [3 544 0 R 36 545 0 R 546 0 R 547 0 R] << /Parent 8 0 R /Subtype /XML /K 3 /F2 224 0 R WebFlorida Statute 784.048 makes stalking (harassment), including cyberstalking, a crime. endobj 149 0 obj << /Pg 31 0 R In the United Kingdom, cyberharassment can be prosecuted under the Protection from Harassment Act of 1997 or the Malicious Communications Act of 1988. Cyberstalking can result in a lifelong prison sentence if the actions resulted in the victims death. /S /P endobj /TT2 245 0 R << /Pg 19 0 R /Rotate 0 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). endobj [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. endobj /P 9 0 R >> /Resources << Download PDF. >> << >> Cyberstalking has been illegal since 2011. >> << 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. /P 9 0 R >> /Pg 19 0 R /P 9 0 R << /Annots [357 0 R] 20 [204 0 R 205 0 R 206 0 R 581 0 R 206 0 R 207 0 R 208 0 R 209 0 R 210 0 R 211 0 R 162 0 obj /Kids [219 0 R 220 0 R 221 0 R] << /Endnote /Note 2 /TT1 245 0 R /Annots [229 0 R 230 0 R 231 0 R 232 0 R] Under U.S. federal law, someone commits the felony of stalking if that person: places another person in reasonable fear of death or serious bodily injury to him- or herself, his or her immediate family member, or spouse or intimate partner. 119 0 obj /K [4 428 0 R 33 429 0 R 35 430 0 R 37] <> /Pg 22 0 R << 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null ) or https:// means youve safely connected to the .gov website. >> /Pg 22 0 R /K 6 /S /P 33 0 obj /S /P /S /P << /Pg 19 0 R /S /P /K 17 >> 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. 25 0 obj endobj The list model lists types of offences and provides certainty, but is rather restrictive. >> /K 13 Svdraa >> /Pg 26 0 R 369 0 R null 370 0 R null 367 0 R 44 0 R 368 0 R 44 0 R] /MediaBox [0.0 0.0 595.32 841.92] 114 0 obj /P 9 0 R Cyberstalking Laws When it comes to laws against cyberstalking, this type of harassment falls under the Violence Against Women Act of 1994 at the national level. << /ColorSpace << /S /P /Contents 323 0 R /S /P >> /Pg 14 0 R >> /Rotate 0 /K 4 /Contents 302 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 Verified Attorney /P 9 0 R 121 0 R 122 0 R null 476 0 R null 477 0 R null 478 0 R null 479 0 R /Font <> /K [447 0 R 448 0 R 449 0 R 450 0 R 451 0 R] 88 0 obj >> /K [7 388 0 R 40] /Parent 7 0 R 493 0 R null 494 0 R null 495 0 R null 623 0 R 624 0 R 496 0 R 124 0 R endobj endobj >> %PDF-1.5 188 0 obj endobj /Pg 13 0 R /S /P << endobj /P 9 0 R 184 0 obj /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] WebThis chapter advises that all governments should enact new laws that specifically target electronic stalking activities. /TT0 243 0 R >> endobj Explanation : Cyberstalking involves using electronic means, including the Internet, to stalk or harass a person or group of people. Article 5 of the Universal Declaration of Human Rights. /P 9 0 R 212 0 obj Also, law enforcement officers must be trained to deal with cyberstalking. 27 0 obj 113 0 obj /K [0 407 0 R 22] 2020Pub. /Pg 31 0 R In addition, some of these newly written laws (like one in Connecticut) put more of an onus on the school system, mandating that the school's administration must intervene at the first sign of bullying. /S /P /Parent 3 0 R << /Contents 274 0 R endobj /Pg 16 0 R endobj /ColorSpace << >> >> WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. /S /Footnote /K 1 << endobj endobj >> /K 1 What are the Penalties for Cyberstalking? [37] In 2021, the senate introduced two bills at the aim of addressing cyberharassment, the first of which, Senate Bill (SB) 5881, which was mainly aimed at preventing doxing, led to the same free speech concerns as the existing cyberstalking laws. /K [2 384 0 R 32 385 0 R 34 386 0 R 36 387 0 R 38] >> << 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 /StructParents 13 xV]sF4/m::%aN4!-W~Ho^XJkH{V[?7tp5v^ymqS_ `.O>LjimLi41?u(j&Yh?Zm\lZ !Gs'#~?#U /S /P >> << 206 0 obj /S /P >> /S /P Webfocuses on the difficulties of dealing with international crime in general and international (cyber)stalking in specific. endobj << /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R Google Scholar Eck J. E., Weisburd D. (1995). /K [21 444 0 R 40 445 0 R 42 446 0 R 44] /Pg 32 0 R << Working to Halt >> /Type /Page >> >> >> /K 13 9 0 obj /K 1 >> /K [0 359 0 R 20] /Count 5 /P 9 0 R /Type /Page >> /Pg 24 0 R 67 0 obj /Pg 31 0 R << >> 79 496 0 R 80 497 0 R 81 498 0 R 82 499 0 R 83 500 0 R /ModDate (D:20110216102938+01'00') [11] The state of North Carolina invalidated such a law in State v. /Pg 23 0 R He notes that there are two basic types of anti-stalking legislations - the list model and the closed model. << endobj /S /P <> /TT2 244 0 R /CS0 [/ICCBased 241 0 R] /TT2 245 0 R Earlier this month, we sent an email containing a hypothetical scenario of cyberstalking, based on a number of real cases we have seen, to all the police forces in the UK, the Crown Prosecution Service and (as suggested by two police forces) the Association for Chief Police Officers ( ACPO ). /P 9 0 R << 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R] 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. /Font << /S /Footnote << endobj << 401 0 R null 389 0 R 62 0 R 390 0 R 62 0 R 391 0 R 62 0 R 392 0 R 62 0 R /Pg 13 0 R /CS0 [/ICCBased 241 0 R] << << endobj 136 0 obj WebPrvn pedpisy o kyberstalkingu - Cyberstalking legislation Kybernetick pronsledovn a kyberikana jsou relativn novmi jevy, ale to neznamen, e zloiny spchan prostednictvm st nelze trestat podle legislativy navren k tomuto elu. /MediaBox [0.0 0.0 595.32 841.92] << /TT0 243 0 R /ColorSpace << /K [1 516 0 R 22 517 0 R 24] >> << 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 << /K 11 Great Britain had its first cyberstalking conviction in 1999 when a Cambridge graduate was prosecuted in 1999 for harassment by e-mail. Online stalkers have been known to post insulting messages on electronic bulletin boards signed with the e-mail address of the person being harassed. 13 [132 0 R 133 0 R 135 0 R 136 0 R 137 0 R 138 0 R 139 0 R 140 0 R null 518 0 R /P 9 0 R /S /P /Pg 27 0 R 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 /TT2 285 0 R /S /P /S /P Behera, A. /Type /Page >> stream /S /P WebInstead of laws specifically covering cyberstalking and cyberharassment, most countries use stalking and/or harassment laws to prosecute the perpetrators of these cybercrimes. /Pg 22 0 R 66 0 obj << /Pg 32 0 R endobj /P 9 0 R 104 0 obj 32 0 obj The focus on legislating cyberbullying and cyberstalking has largely come about as a result of the perceived inadequacy, generally by legislators and parents of bullying victims, of existing laws, whether those existing laws cover stalking, unauthorized use of computer resources, or the like. /S /Sect /Font << /Type /Pages /K 10 Jurisdictional and definitional concerns with computer-mediated interpersonal crimes: An analysis on cyber stalking. /K 4 >> >> /K 4 /Parent 8 0 R >> endobj /Resources << In the United States, cyberstalking is a crime, however; legislation defining cyberstalking and cyberbullying is lacking at the federal level. As such, its generally criminalized under U.S. harassment, anti-stalking, and slander laws. << /S /P endobj >> /S /P << >> /Resources << << /Pg 15 0 R Share sensitive information only on official, secure websites. Stalking a person online may also involve stalking the person in real life. 221 0 obj /Rotate 0 /Pg 13 0 R 178 0 obj /MediaBox [0.0 0.0 595.32 841.92] << 187 0 obj /StructParents 2 ", "Free Speech and "Cyber-bullying" | American Civil Liberties Union", "First Amendment and cyber bullying - Global Voices Advocacy", "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law", "Bill targets adults who cyberbully | News", "N.J. << 18 0 obj endobj /Parent 7 0 R /Pg 18 0 R Cyberbullying and cyberstalking, by their nature, define adversarial relationships. International law emphasizes a supranational concept related to cybercrime. /P 9 0 R >> >> /K 8 /MediaBox [0.0 0.0 595.32 841.92] /K 6 /K 11 >> >> 61 0 R] /P 9 0 R endobj State v. Robert Bishop, 787 S.E.2d 814 (N.C. 2016). 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 135 0 R 527 0 R 136 0 R] /S /P 15 0 obj /Contents 330 0 R | Cato @ Liberty", "Hate, Cyber-Bullying Bills Could Threaten Talk Radio |", "Bill Summary & Status - 111th Congress (2009 - 2010) - H.R.1966 - THOMAS (Library of Congress)", "Federal bill will help combat harassment and cyberbullying on college campuses", http://thomas.loc.gov/cgi-bin/bdquery/D?d112:2:./temp/~bd1uH9:@@@L&summ2=m&%7C/home/LegislativeData.php%7C, "Problematic 'Tyler Clementi Higher Education Anti-Harassment Act' Returns to Congress", "The Tyler Clementi Act and Threats to Free Speech", Missouri Revised Statutes, Chapter 565, Offenses Against the Person, Section 565.090; August 28, 2010, State Cyberstalking, Cyberharassment and Cyberbullying Laws, National Conference of State Legislatures, United States, State Cyberbullying Laws (United States), A brief review of state cyberbullying laws and policies, Megan Meier Foundation, https://en.wikipedia.org/w/index.php?title=Cyberstalking_legislation&oldid=1124406909, Articles with dead external links from August 2021, Articles with permanently dead external links, Articles with limited geographic scope from June 2015, Articles containing potentially dated statements from 2012, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License 3.0. /Font << Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . /Pg 21 0 R << /S /Footnote /Pg 30 0 R /Author (Svdraa) endobj 56 0 obj /Annots [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R] 30 383 0 R 31 384 0 R] >> /TT1 285 0 R << /CropBox [0.0 0.0 595.32 841.92] /S /P << /S /P /Type /Page null 408 0 R null 409 0 R null 410 0 R null 411 0 R null 412 0 R /K 6 /P 9 0 R /Pg 19 0 R /K 2 "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. endobj [20], While some laws are written such that the focus on cyberbullying is the set of acts that occur within a school, others are more general, targeting cyberbullying no matter where it occurs. 48 0 obj However, state laws vary in how they handle cyberstalking.Technology can quickly be put to use by stalkers; for endobj >> /S /Footnote >> In addition, opponents call the proposed sentences (up to two years incarceration) excessive. /TT1 245 0 R /Rotate 0 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. >> endobj /Keywords () /Type /Page /StructParents 19 /S /P /P 9 0 R /Pg 17 0 R endobj /Parent 7 0 R /P 9 0 R /P 9 0 R /K [2 467 0 R 36] << /Pg 17 0 R 84 625 0 R 85 510 0 R 86 511 0 R 87 512 0 R 88 513 0 R Thus, something that may be deemed cyberbullying at first glance may, in fact, be more akin to something like parody or similar. /P 9 0 R endobj endobj << >> /S /P /TT2 244 0 R 23 0 obj >> /Company (Tilburg University) /P 9 0 R /TT2 244 0 R 53 0 obj /K 4 /CS1 [/ICCBased 242 0 R] /K 6 << 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] endobj /Annots [303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] 1 [44 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R null /Pg 27 0 R This article explores the definition of stalking and cyberstalking and clarifies their similarities and differences and analyze the prevalence of cyberstalking in modern society. 610 0 R 611 0 R 612 0 R 613 0 R 614 0 R 615 0 R 616 0 R 617 0 R 618 0 R 619 0 R [50] Stalking has been defined as a man or woman who follows or contacts a man or woman, despite clear indication of disinterest to such contact by the man or woman, or monitoring of use of internet or electronic communication of a man or a woman. 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