Cyber Stalking

Law & Cyber Stalking 1

Posted by : Mohadeseh Pourbehzadi | Tuesday, November 2, 2010 | Published in

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).