NCJ Number
197386
Journal
Crime & Justice International Volume: 18 Issue: 65 Dated: September 2002 Pages: 9,10,28,29
Date Published
September 2002
Length
4 pages
Annotation
This article describes the dilemma of cyberstalking and the legal developments associated with this crime.
Abstract
Cyberstalking is the use of the Internet, e-mail, or other electronic communication devices to stalk another person. It is becoming an increasingly serious problem in the United States. Wired Patrol attempts to aid the victims of cyber crime. There are two types of cyberstalking situations: those in which online cyberstalking and harassment stay online, and those that spread to encompass off-line stalking as well. Cyberstalking victims are typically new to the Internet and unfamiliar with “netiquette” or online etiquette. Women are most at risk for being stalked, but young children are also popular targets of adult pedophiles of other predators. The threatening capabilities of the stalkers multiply when they move to the cyber world. Restraining orders become useless because of the options and anonymity offered by the Internet. These concerns pose unique obstacles for dealing with the legality of anti-stalking legislation and measures. Many current laws neglect to recognize the seriousness of the problem stalking poses. The necessity of a “credible threat” illustrates the focus legislators put on the criminals’ physical actions instead of their effects on the victim. In reality, less than half of stalking victims say their stalkers directly threatened them. Thus, prosecutors would be unable to meet this “credible threat” requirement. The Interstate Stalking Punishment and Prevention Act was one of the first attempts by Congress to combat cyberstalking, but the specific intent aspect of the crime made prosecution difficult. A model Federal stalking statute was proposed that would encompass both stalking and cyberstalking and focus on the effects of the offender’s behavior on the victim rather than the offender’s specific intent or a “credible threat.” Generally, the government and the police are not equipped to combat computer-mediated crime. Victims are likely to encounter problems due to lack of training and awareness when they request police action. However, interagency task forces combining local, State, and Federal agencies are being created to share knowledge and resources.