Stalking/Cyberstalking???

[Gopher]

Cyberstalking is defined as sending unwanted or threatening emails or text messages to another. Correct??? so what defines it as unwanted? what if you send text messages that are only insults and does NOT threaten the other individual is this still considered Stalking/Cyberstalking? Thanks. can this be used in court? in Maryland?

That can still be included.

You should not text or email anybody after they clearly tell you to stop.

Or you risk having problems.

[jerryofchicago]

Cyberstalking and the Law

With personal information becoming readily available to an increasing number of people through the Internet and other advanced technology, state legislators are addressing the problem of stalkers who harass and threaten their victims over the World Wide Web. Stalking laws and other statutes criminalizing harassment behavior currently in effect in many states may already address this issue by making it a crime to communicate by any means with the intent to harass or alarm the victim.

States have begun to address the use of computer equipment for stalking purposes by including provisions prohibiting such activity in both harassment and anti-stalking legislation (Riveira, 1,2). A handful of states, such as Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire and New York have specifically including prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation. Alaska, Oklahoma, Wyoming, and more recently, California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws. A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications. Other states have laws other than harassment or anti-stalking statutes that prohibit misuse of computer communications and e-mail, while others have passed laws containing broad language that can be interpreted to include cyberstalking behaviors (Gregorie).

> Recent federal law has addressed cyberstalking as well. The Violence Against Women Act, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. Other federal legislation that addresses cyberstalking has been introduced recently, but no such measures have yet been enacted. Consequently, there remains a lack of legislation at the federal level to specifically address cyberstalking, leaving the majority of legislative prohibitions against cyberstalking at the state level (Wiredpatrol.org).
If you are a Victim of Cyberstalking

* Victims who are under the age of 18 should tell their parents or another adult they trust about any harassments and/or threats.
* Experts suggest that in cases where the offender is known, victims should send the stalker a clear written warning. Specifically, victims should communicate that the contact is unwanted, and ask the perpetrator to cease sending communications of any kind. Victims should do this only once. Then, no matter the response, victims should under no circumstances ever communicate with the stalker again. Victims should save copies of this communication in both electronic and hard copy form.
* If the harassment continues, the victim may wish to file a complaint with the stalker's Internet service provider, as well as with their own service provider. Many Internet service providers offer tools that filter or block communications from specific individuals.
* As soon as individuals suspect they are victims of online harassment or cyberstalking, they should start collecting all evidence and document all contact made by the stalker. Save all e-mail, postings, or other communications in both electronic and hard-copy form. If possible, save all of the header information from e-mails and newsgroup postings. Record the dates and times of any contact with the stalker.
* Victims may also want to start a log of each communication explaining the situation in more detail. Victims may want to document how the harassment is affecting their lives and what steps they have taken to stop the harassment.
* Victims may want to file a report with local law enforcement or contact their local prosecutor's office to see what charges, if any, can be pursued. Victims should save copies of police reports and record all contact with law enforcement officials and the prosecutor's office.
* Victims who are being continually harassed may want to consider changing their e-mail address, Internet service provider, a home phone number, and should examine the possibility of using encryption software or privacy protection programs. Any local computer store can offer a variety of protective software, options and suggestions. Victims may also want to learn how to use the filtering capabilities of email programs to block e-mails from certain addresses.
* Furthermore, victims should contact online directory listings such as WWW.FOUR11.COM, Yellow Pages, White Pages, Maps, and more - Switchboard.com, and People Search - Free people search business yellow pages free white pages US peoplesearch peoplefinder to request removal from their directory.
* Finally, under no circumstances should victims agree to meet with the perpetrator face to face to "work it out," or "talk." No contact should ever be made with the stalker. Meeting a stalker in person can be very dangerous.

Potential Effects of Cyberstalking

Just because cyberstalking does not include physical contact with the perpetrator does not mean it is not as threatening or frightening as any other type of crime. Victims of cyberstalking often experience psychological trauma, as well as physical and emotional reactions as a result of their victimization. Some of these effects may include:

* changes in sleeping and eating patterns
* nightmares
* hypervigilance
* anxiety
* helplessness
* fear for safety
* shock and disbelief

Victims experiencing these reactions and many others might consider seeking out support from friends, family and victim service professionals in order to cope with the trauma resulting from cyberstalking. In order to locate local victim service professionals that may be able to offer assistance, safety suggestions, and information and referrals, please contact the Helpline of the National Center for Victims of Crime at 1-800-FYI-CALL, 8:30 a.m. to 8:30 p.m., Monday through Friday, Eastern Standard Time.

Read more about cyberstalking via the Stalking Resource Center.
For more information, please contact:

The Privacy Rights Clearinghouse
3100 5th Avenue., Suite B
San Diego, CA 92103
(619) 298-3396
Resources on the World Wide Web:

* National Center for Victims of Crime Stalking Resource Center
* National Network to End Domestic Violence (NNEDV)
* Working to Halt Online Abuse (WHOA) - whoa@haltabuse.org
* CyberAngels
* Safety Ed International
* Electronic Privacy Information Center (EPIC)
* Online Privacy Alliance
* Network Solutions WHOIS - Helps determine contents of domain name registration

Your local prosecutor's office, law enforcement, or state Attorney General's office. Check in the Blue Pages of your local phone book under the appropriate section heading of either "Local Government," "County Government," or "State Government."
References

* U.S. Department of Justice. (August 1999). Cyberstalking: A New Challenge for Law Enforcement and Industry -- A Report from the Attorney General to the Vice President. Washington, DC: U.S. Department of Justice, pp. 2, 6.
* Gregorie, Trudy. Cyberstalking: Dangers on the Information Superhighway. The Stalking Resource Center, The National Center for Victims of Crime. Online.
* Riveira, Diane. (September/October 2000). "Internet Crimes Against Women," Sexual Assault Report, 4 (1).
* Wired Patrol. "US Federal Laws- Cyberstalking." Accessed 15 April 2003. Internet Safety, Help and Education : 404 Page Not Found

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Copyright

[jerryofchicago]

Cyberstalking and the Law

With personal information becoming readily available to an increasing number of people through the Internet and other advanced technology, state legislators are addressing the problem of stalkers who harass and threaten their victims over the World Wide Web. Stalking laws and other statutes criminalizing harassment behavior currently in effect in many states may already address this issue by making it a crime to communicate by any means with the intent to harass or alarm the victim.

States have begun to address the use of computer equipment for stalking purposes by including provisions prohibiting such activity in both harassment and anti-stalking legislation (Riveira, 1,2). A handful of states, such as Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire and New York have specifically including prohibitions against harassing electronic, computer or e-mail communications in their harassment legislation. Alaska, Oklahoma, Wyoming, and more recently, California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws. A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications. Other states have laws other than harassment or anti-stalking statutes that prohibit misuse of computer communications and e-mail, while others have passed laws containing broad language that can be interpreted to include cyberstalking behaviors (Gregorie).

> Recent federal law has addressed cyberstalking as well. The Violence Against Women Act, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. Other federal legislation that addresses cyberstalking has been introduced recently, but no such measures have yet been enacted. Consequently, there remains a lack of legislation at the federal level to specifically address cyberstalking, leaving the majority of legislative prohibitions against cyberstalking at the state level