<< /K 3 /K 6 /Pg 31 0 R /P 9 0 R 38 0 obj /MediaBox [0.0 0.0 595.32 841.92] /K 1 /Resources << endobj >> 47 0 obj 100 0 obj /CS1 [/ICCBased 242 0 R] endobj endobj /S /P >> The punishment includes imprisonment of up to five years and a fine of up to five lakhs rupees. /K 2 145 0 obj /Pg 13 0 R 52 0 obj /K 15 /CropBox [0.0 0.0 595.32 841.92] /K 7 68 0 obj /CS0 [/ICCBased 241 0 R] "Electronic communication" includes transmissions by a computer through the Internet to another computer. /Resources << << /S /P /MediaBox [0.0 0.0 595.32 841.92] WebFederal law provides some tools to combat cyberstalking. /S /P /P 9 0 R In an interesting paper, Chik discusses international cyberstalking regulatory considerations. uuid:d8c3b813-d862-4a2b-984b-af1190141099 endobj /S /P << The first cyberstalking law went into effect just over a year ago in California, and Congress is considering a federal law. << /P 9 0 R /Parent 3 0 R endobj 6 0 obj endobj << /K [4 428 0 R 33 429 0 R 35 430 0 R 37] /Pg 26 0 R /Rotate 0 39 0 obj << >> In this situation, legislators in Missouri, at the urging of the public and Meier's parents, passed "Megan's Law",[18][19] primarily aimed at the crime of a person over 21 years of age bullying a person under 18 years of age. /Rotate 0 Spitzberg, B. H., & Hoobler, G. (2002). /Pg 17 0 R 13 0 obj endobj /K [360 0 R 361 0 R 362 0 R 363 0 R] /Contents 355 0 R /CS0 [/ICCBased 241 0 R] WebThis law is in place to protect privacy and applies to everyones privacy and applies to everyone not just people under 18. 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to endobj /S /P /K 5 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 << /Font << /P 9 0 R Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. << /S /P /Pg 31 0 R /Pg 31 0 R /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] null 519 0 R null 520 0 R null 521 0 R null 522 0 R null 523 0 R endobj /K 7 [7], The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. 2013Pub. /S /P /CS0 [/ICCBased 241 0 R] 51 0 obj << >> endobj Cyberstalking can include many things including threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft, and vandalism . /S /P /S /P >> >> /MediaBox [0.0 0.0 595.32 841.92] 123 0 obj In 2009, Representative Linda Snchez (D-CA) brought legislation titled the "Megan Meier Cyberbullying Prevention Act" before the U.S. House of Representatives. /Pg 29 0 R 9 0 obj /S /P /P 9 0 R >> endobj /P 9 0 R << 91 0 obj WebWhat must exist for cyber stalking to be illegal in a state or territory? /P 9 0 R /S /P /P 9 0 R 2011-02-16T10:29:34+01:00 [43][44] Another issue is that would make violation of the law a felony, rather than a misdemeanor as has been done in most states. endobj << 211 0 obj /Pg 31 0 R [24] (646.9 of the California Penal Code. A lock ( >> /Limits [32 63] >> 109 563 0 R 110 564 0 R 111 565 0 R 112 632 0 R 113 634 0 R << << /Type /Pages endobj /TT2 244 0 R 2018Par. >> >> /P 9 0 R /K [0 464 0 R 30] >> Cyberbullying and cyberstalking, by their nature, define adversarial relationships. >> /Pg 21 0 R /P 9 0 R /CS0 [/ICCBased 241 0 R] /CS1 [/ICCBased 242 0 R] (Source: P.A. 79 0 obj ), 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. 108 0 obj 2020Pub. 141 0 obj A, title X, 1069(a), Pub. In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. 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 30 0 R endobj WebCaselaw Access Project cases. /Kids [219 0 R 220 0 R 221 0 R] /S /P /P 9 0 R << /Pg 17 0 R /K [19 580 0 R] /Contents 349 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] /S /P 191 0 obj /S /P endobj /TT1 245 0 R /S /P /K 1 69 470 0 R 70 471 0 R 71 472 0 R 72 621 0 R 73 482 0 R endobj /S /P 87 0 obj endobj /Parent 8 0 R 1. [53], The Global Cyber Law Database (GCLD) aims to become the most comprehensive and authoritative source of cyber laws for all countries.[54]. Texas enacted the Stalking by Electronic Communications Act in 2001. /S /P >> 162 0 obj /K 18 /K 11 endobj << It often appears as a form of revenge after a fight or breakup. /F2 224 0 R /P 9 0 R /ParentTree 10 0 R 213 0 obj [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. /P 9 0 R << 7-39). /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R /MediaBox [0.0 0.0 595.32 841.92] /P 9 0 R There are several forms of cyberstalking, including: Harassing the victim Embarrassing and humiliating the victim Exerting financial control by emptying the victims bank accounts, or by ruining his credit /Rotate 0 [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. /TT0 243 0 R endobj << /K 23 165 0 obj /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] WebCyberstalking's definition is quite simply, the use of the internet, or other electronic means, to harass and intimidate a selected victim. /S /P [16], Internet free speech issues have certainly made their way through the court systems, even as far back as cases from the mid-90s. /TT1 245 0 R WebCyberstalking is the act of threatening, harassing, or annoying someone through multiple email messages, as through the Internet, especially with the intent of placing the recipient /P 9 0 R /Pg 13 0 R Thus, something that may be deemed cyberbullying at first glance may, in fact, be more akin to something like parody or similar. /CropBox [0.0 0.0 595.32 841.92] Attempts at legislating cyberbullying have been tried at the federal level, primarily because the Commerce Clause of the U.S. Constitution specifically provides that only the federal government can regulate commerce between the states; this includes electronic communication over the Internet. 89 0 obj 632 0 R 633 0 R 634 0 R 633 0 R 574 0 R 164 0 R] A cyberstalking conviction can be accompanied by up to five years in prison and a $250,000 fine. >> endobj /MediaBox [0.0 0.0 595.32 841.92] [48] In addition, as with the Snchez bill, there are questions as to the free speech implications.[49]. >> 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 /Pg 24 0 R /Pg 30 0 R 170 0 obj /ColorSpace << /S /P [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. >> << 126 0 obj /TT0 243 0 R >> << /Pg 22 0 R /K 11 /Pg 31 0 R /S /P /Pg 19 0 R endobj States that have passed legislation have done so generally in response to incidents within that state, to address what they believe to be shortcomings in federal laws, or to expand protection to victims above and beyond existing statutes. 218 0 obj >> /P 9 0 R << /Pg 18 0 R /K [571 0 R 572 0 R 573 0 R] /Type /Page /K 5 null 557 0 R null 558 0 R null 559 0 R null 560 0 R null 561 0 R >> New Media & Society, 4(1), 71-92. << /P 9 0 R 150 0 obj 219 0 obj /S /P /ColorSpace << /K [1 402 0 R 31] /Font << /StructParents 3 Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? /Pg 28 0 R /S /P << /K 3 endobj Google Scholar Eck J. E., Clarke R. V. (2003). 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 << 11 [122 0 R 124 0 R 125 0 R null 490 0 R null 491 0 R null 492 0 R null [47] Furthermore, the bill addresses not just student-to-student harassment, but also harassment of students by faculty or staff as well. /P 9 0 R /S /P endobj /P 9 0 R >> /P 9 0 R Share sensitive information only on official, secure websites. /K 3 /Parent 8 0 R /Contents 257 0 R /Pg 27 0 R 3 0 obj endobj /K 7 /S /P endobj 9 620 0 R /K [431 0 R 432 0 R 433 0 R] >> /K 3 /P 9 0 R 185 0 R null 578 0 R null 635 0 R 636 0 R] >> 156 0 obj >> >> << >> /Title (International \(cyber\)stalking: impediments to investigation and prosecution) 22 0 obj /Subject () 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] /S /P endobj 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 2006Pub. endobj /Type /Page /P 9 0 R >> 148 0 obj endobj /Pg 30 0 R Some U.S. states have begun to address the problem of cyberbullying. WebAs a possible solution to this substantial problem of cyberstalking, criminal law has the potential to play an important role in cyberstalking cases. /K 10 << /S /P 17 [161 0 R 163 0 R 164 0 R null 571 0 R null 572 0 R null 573 0 R null Prior to amendment, section related to stalking. >> << endobj >> /K [1 529 0 R 22 530 0 R 24 531 0 R 26 532 0 R 28] /Pg 17 0 R >> 153 0 obj >> /Endnote /Note endobj /CS1 [/ICCBased 242 0 R] << >> /Type /Page 25 366 0 R 26 367 0 R 27 368 0 R 28 582 0 R 29 382 0 R /Pg 15 0 R /S /P 2011-02-16T10:29:38+01:00 [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. /K [2 541 0 R 30 542 0 R 32 543 0 R 34] /K 3 /K 13 endobj 114 574 0 R 115 635 0 R] /Pg 30 0 R /MediaBox [0.0 0.0 595.32 841.92] /Pg 13 0 R /K 1 Like the Meier case, the Clementi case spurred legislators (this time, in New Jersey) to pass a law specifically aimed at bullying, an "Anti-bullying Bill of Rights". 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 Journal of International Commercial Law and Technology, 5(1), 22-27. /S /Footnote /Pg 20 0 R /S /P 28 0 obj /MediaBox [0.0 0.0 595.32 841.92] /TT0 243 0 R >> endobj 2000Pub. 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 /S /P 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 >> 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. /Rotate 0 >> /Pg 31 0 R /Pg 31 0 R endobj /CropBox [0.0 0.0 595.32 841.92] 548 0 R null 549 0 R null 627 0 R 628 0 R 550 0 R 151 0 R] << Monsey, NY: Criminal Justice Press. >> /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] These statutes << << /S /P 50 0 obj >> >> << endobj endobj /Pg 19 0 R >> /K [21 444 0 R 40 445 0 R 42 446 0 R 44] << /Resources << >> 53 0 obj /StructParents 20 /P 9 0 R >> endobj << /K [8 366 0 R 26] >> << >> >> /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] /S /P /Type /Page /P 9 0 R Stalking is against the law throughout the U.S. On a federal level, when the Violence Against Women Act was amended in 2013, stalking by any interactive computer service or electronic communication service was included.. /S /P /Resources << 129 0 obj /P 9 0 R /Pg 31 0 R 46 0 obj /ColorSpace << 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. WebEven though there is no federal law on cyberbullying, there absolutely is one that covers cyberstalking. /Pg 22 0 R << /TT2 244 0 R Distributing intimate images and videos without the consent of the person in them is a common form of cyberbullying. /S /P /S /P >> >> California passed the first cyberstalking law in 1999. /K 12 endobj 66 0 obj << /S /P /StructParents 15 20 0 obj /Comments () << >> endobj 34 0 obj Article 5 of the Universal Declaration of Human Rights. 74 483 0 R 75 484 0 R 76 485 0 R 77 486 0 R 78 623 0 R 154 0 obj << >> [27] In 2011, a man was ordered to undergo psychiatric evaluation before sentencing for cyberstalking. /Parent 7 0 R /K 9 endobj /Resources << /Resources << /Chart /Figure >> >> WebAdult cyberstalking victims are protected by separate regulations from those aimed at preventing online harassment of minors. 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