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Attorney General Report on CyberStalking Cyberstalking is a growing term I have witnessed inferred on Big Church,,, I have been approached on the matter numerous times here by men and women...There are laws around it...Be informed,,,know your rights,,,take action.........Shalom [Partial article] 1999 REPORT ON CYBERSTALKING: A NEW CHALLENGE FOR LAW ENFORCEMENT AND INDUSTRY Cyberstalking: A New Challenge for Law Enforcement and Industry ___________________ A Report from the Attorney General to the Vice President August 1999 _______________________ Introduction The new millennium is fast approaching, and the information superhighway is undergoing rapid growth. The Internet and other telecommunications technologies are promoting advances in virtually every aspect of society and every corner of the globe: fostering commerce, improving education and health care, promoting participatory democracy in the United States and abroad, and facilitating communications among family and friends, whether across the street or around the world. Unfortunately, many of the attributes of this technology - low cost, ease of use, and anonymous nature, among others - make it an attractive medium for fraudulent scams, sexual exploitation, and increasingly, a new concern known as "cyberstalking." "Make no mistake: this kind of harassment can be as frightening and as real as being followed and watched in your neighborhood or in your home." Vice President Al Gore Recognizing this emerging problem, Vice President Al Gore asked the Attorney General on February 26, 1999, to study the problem and to report back with recommendations on how to protect people from this threat. Responding to this request, this report explores the nature and extent of cyberstalking; surveys the steps law enforcement, industry, victims groups, and others currently are taking to address the problem; analyzes the adequacy of current federal and state laws; and provides recommendations on how to improve efforts to combat this growing problem. As discussed below, the nature and extent of the cyberstalking problem is difficult to quantify. In addition, while some law enforcement agencies are responding aggressively, others are not fully aware of the problem and lack the expertise and resources to pursue cyberstalking cases. Similarly, while some Internet Service Providers have taken affirmative steps to crack down on cyberstalking, others have not, and there is a great deal more that industry can and should do to empower individuals to protect themselves against cyberstalking and other online threats. Indeed, current trends and evidence suggest that cyberstalking is a serious problem that will grow in scope and complexity as more people take advantage of the Internet and other telecommunications technologies. The analysis and recommendations contained in this report offer a framework for an initial response to the problem. These recommendations, however, are only a first step. Important advances can be made if industry, law enforcement, victims service providers and support groups, and others work together to develop a more comprehensive and effective response to this problem. Ultimately, however, the first line of defense will involve industry efforts that educate and empower individuals to protect themselves against cyberstalking and other online threats, along with prompt reporting to law enforcement agencies trained and equipped to respond to cyberstalking incidents. 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. Evidence suggests cyberstalking is a growing problem 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. 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. "Cyberspace has become a fertile field for illegal activity. By the use of new technology and equipment which cannot be policed by traditional methods, cyberstalking has replaced traditional methods of stalking and harassment. In addition, cyberstalking has led to offline incidents of violent crime. Police and prosecutors need to be aware of the escalating numbers of these events and devise strategies to resolve these problems through the criminal justice system." Linda Fairstein Chief of Sex Crimes Prosecution Unit Manhattan District Attorney's Office 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. Law Enforcement: Lack of Training and Expertise Can Frustrate Victims, Hinder Response A recent incident demonstrates how the lack of law enforcement training and expertise can frustrate cyberstalking victims: A woman complained to a local police agency that a man had been posting information on the web claiming that her nine-year-old was available for sex. The web posting included their home phone number with instructions to call 24 hours a day. They received numerous calls. The couple reported the problem to the local police agency on numerous occasions, but the agency simply advised the couple to change their home phone number. Subsequently, the couple contacted the FBI, which opened an investigation. It was discovered that the local police agency did not have a computer expert, and the investigative officer had never been on the Internet. The local agency's lack of familiarity and resources may have resulted in a failure to understand the seriousness of the problem and the options available to law enforcement to respond to such problems. 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: 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 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. 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 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 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. 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 , 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. First Amendment and Other Legal Considerations All 50 States, the District of Columbia, and the federal government have passed laws that criminalize stalking to address the serious harms and dangers that result from stalking, including the fear of violence and loss of privacy and control suffered by the victim. In addition to the direct harms caused by stalking, stalking is also frequently a precursor to physical violence against the victim. By its nature, however, stalking is not a crime that can be defined with a particularized, discrete set of acts. Frequently stalking consists of a course of conduct that may involve a broad range of harassing, intimidating, and threatening behavior directed at a victim. The conduct can be as varied as the stalker's imagination and ability to take actions that harass, threaten, and force himself or herself into the life and consciousness of the victim. As new technologies become available, stalkers adapt those technologies to new ways of stalking victims, as is the case with the Internet and cyberstalking. One of the recommendations in this report calls on states to review and update their statutes, where necessary, to cover electronic communications within their stalking laws. Care must be taken in drafting cyberstalking statutes to ensure that they are not so broad that they risk chilling constitutionally protected speech, such as political protest and other legitimate conduct. A carefully drafted statute can provide broad protections against cyberstalking without running afoul of the First Amendment. |
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Sounds like a plan.
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Welcome Ms Racefan... A growing concern it is with many implications ,,, something I witness happening here even today... It is astonishing that people can trivialize this matter -Big Church people...There are shades of grey and progressions to be made as of yet tho it is being addressed...I encourage you to be aware and advocate for the victims...It's no laughing matter...It could happen to anyone of us......Shalom
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Hello Ms ByScripture...It is my duty to provide pertinent information of the sort...I have been informed that there are people on Big Church working in an occupation like mine and turn a blind eye,,,that is incomprehensible to me...Legislations are constantly on the change...I used this post to point out the laws surrounding cyberstalking...There is an abundance of information you can find on the legal codes...I'll keep you posted too...Shalom
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You are welcome Ms Lily...I will speak up and you have my word...I agree with everything you have said...This is an area of law that I am familiarizing myself with...You are right that the laws are being tweaked and new ones are implemented...Law across borders are being addressed more so now with the rise of technology...Thanks for dropping by......Shalom
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