Written by Kacy Silverstein, Associate Director for Project Safe
As we turn our attention once again to Stalking Awareness Month (January), a fairly new reality may lurk in a place you least expect it: your computer. We crossed into the new millennium with a rapidly growing information superhighway, improving our ability to connect with others at almost every corner of the globe. The internet is advancing our connection to friends and family, improving education, and promoting discussion and dialogue with people from across the street to across the world. Unfortunately, many of the attributes of this technology—low cost, ease of use, accessibility, anonymous nature, among others—make it an attractive medium for a new reality known as “cyberstalking.” Although there is no universally accepted definition of cyberstalking, the U.S. Department of Justice defines it as “the uses of internet, e-mail, and other electronic communications devices to stalk another person” (2005). While cyberstalking may not involve physical contact with the victim, unlike other types of stalking, it is fundamentally an extension of its terrestrial cousin. Many stalkers, whether in virtual reality or physical reality, are motivated by a desire to exert control over the victims and engage in similar types of behavior to accomplish this end. As with other types of stalking, the majority of perpetrators are men and the majority of their victims are women, although there have been reported cases of women cyberstalking men and same-sex cyberstalking.
So, with the internet providing new avenues for stalkers to pursue victims by a few clicks of the mouse or keystrokes, how does this alter the physical and virtual landscape of stalking? 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” (www.usdoj.gov). Cyberstalkers can take advantage of the impersonal, non-confrontrational, and anonymous nature of the web, sending harassing or threatening messages by the simple push of a button. More sophisticated cyber prowlers use programs to send messages to victims at regular or random intervals, even going so far as to post controversial messages in internet chat rooms or on “revenge” bulletin boards. With minimal effort and possibly total anonymity, cyberstalkers are navigating a whole new arena where intellect and tech-skills replace body and brawn to frighten and intimidate victims. While the majority of cyberstalkers reported to law enforcement and WHOA (Working to Halt Online Abuse) appear to know their victim either through past romantic or platonic relationships, stalkers with no prior connection to victims are taking advantage of emerging technologies. Jayne Hitchcock, President of Working to Halt Online Abuse explains, “for the cases where the victim knows their harasser, it’s usually revenge. For the stranger-on-stranger cases it’s most often what I call ‘Internet road rage.’ What is it that causes a person to chase someone down a highway offline? The same goes for the superhighway—it could be something as simple as the harasser not liking the victim’s username to a perceived injustice to not liking what someone posted online” (www.haltabuse.org). While cyberstalking continues to gain the attention of the media and technology experts, there is very little empirical evidence upon which to estimate its actual magnitude. It has been argued, however, that cyberstalking may actually be more common than more traditional forms of stalking. This is because the internet, as a medium of communication, allows cyberstalkers immense contact with potential victims. “We don’t see cyberstalking going away,” explains Jayne Hitchcock. “In fact, it is increasing every day. Currently there are over one billion people online worldwide—if one percent become victims, that’s ten million people” (www.haltabuse.org).
Now that many of us have made the internet a home within the home and cyberstalkers prowl anonymously and with ease, where does the law stand? At the current time, no uniform-federal laws exist regarding cyberstalking. Federal law does provide a number of important tools that are valuable to combat cyberstalking, including 18 U.S.C. 875 (c) “making it 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 or another” (www.cybergaurds.com). Nonetheless, the absence of a clearly defined cyberstalking law at the federal level has forced some states to draft their own specific legislation. As a result, potential victims are often faced with a complicated maze of laws offering varying definitions, protections, and penalties. At last count, 45 states had laws expressly prohibiting harassing conduct through the internet, e-mail, or other electronic means. Tennessee state law regarding stalking was amended in 2002 to include ‘electronic communication, electronic email, or internet services” (www.haltabuse.org). As many state stalking laws have been adapted to either explicitly or implicitly include cyberstalking statutes, it is often difficult for law enforcement to get involved. Until a uniform federal standard exists, the best source for cyberstalking guidance is states with current legislation on the subject. In most cases, taking into account varying state and federal standards, the key to a successful cyberstalking prosecution is to preserve a full electronic trail of evidence. A growing number of law enforcement agencies are recognizing the serious nature and extent of cyberstalking and responding with aggressive action. In larger cities, such as New York and Los Angeles, specialized units have been developed to ensure that special sections of police departments and district attorney’s offices are available when cyberstalking cases arise. As the information superhighway continues to evolve, law enforcement at all levels must become more sensitive to cyberstalking and its nuances.
As cyberstalking is expected to increase as computers and the Internet become more popular and easily accessible, how do we combat this crime? A critical step in combating cyberstalking is an understanding of 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” (www.usdoj.gov). Because cyberstalking is a relatively new criminal phenomenon complicated by Internet anonymity and lack of resources to address the crime, victims of online harassment and threats have had to develop their own informal support networks and informational web sites. Victim service providers recommend that victims make copies of all electronic communications sent by the cyberstalker as evidence of his stalking and advise a victim to let the stalker know that she does not want any further contact with him. In addition, it is important that we all name the behavior as cyberstalking and validate that a crime is occurring when working with victims.
Similar to other forms of violence against women, cyberstalking is a serious crime that is often underreported and lacking public attention. Yet, computers and the Internet are now indispensable parts of American culture and it is not enough to just ‘turn off your computer.” We must all become more sensitive to the fear and frustration experienced by cyberstalking victims and aware that cyberstalking is in many ways simply an extension of other forms of violence against women. As you browse the internet this January, catch up with old friends or even make new ones, take a moment to learn about cyberstalking and how it could impact you and yours. To learn more about cyberstalking, please visit the following web sites:
www.ncvc.org/src The National Center of Victims of Crime, Stalking Resource Center
www.haltabuse.org Working to Halt Online Abuse (Information available about Federal and State Laws) www.usdoj.gov/criminal/cybercrime/cyberstalking.htm “CyberStalking: A New Challenge for Law Enforcement and Industry”
www.search.org The National Consortium for Justice Information and Statistics
