Technology has raised the art of stalking to a new level. Mobile phones, emails, text messages, and Internet networking sites such as Facebook, Twitter, LinkedIn, and Second Life are the latest avenues stalkers prey upon their victims. Stalkers can "virtually" follow their victims anywhere, even into their homes. Surveillance technology allows a stalker to visually track a person through global positioning systems and wireless camera monitoring. Some stalking statutes lag behind the latest technologies. "Cyberstalking" is a new addition to the legal lexicon and is proving a challenge to legislators, especially as the stalking affects young Internet users. If current trends continue, crimes like cyberstalking will only grow in scope, creating more quandaries for those who enforce the law.
Stalking and Cyberstalking Defined
The general definition of stalking is persistently harassing a person through tracking that person, making intimidating phone calls, sending threatening mail or objects, or acting in other ways that causes fear in the victim. Stalking laws in most jurisdictions require that the offender makes a credible threat of violence against the victim or the victim's immediate family while other laws only require that the stalker's conduct constitute an implied threat.
The term cyberstalking is relatively new but is generally understood to be stalking through the Internet and various other forms of electronic communication. New technology has only aggravated the existing problem. Because of the distance between stalker and victim, cyberstalking may seem benign as compared to other forms of stalking. But stalkers can easily gain personal information on their victims, including phone numbers and addresses which can facilitate subsequent physical stalking. Courts are especially concerned about cyberstalking when it involves juvenile victims. One of the barriers law enforcement face to bringing cyberstalkers to justice is the anonymity the Internet provides. Cyberstalkers can conceal their identities by using various ISPs and screen names in their computer use.
Laws on Cyberstalking
Statutes may actually impede law enforcement from pursuing cyberstalkers because of jurisdictional issues. Contact on the Internet often occurs between people in different state and the issue of which state laws rule can frustrate investigations. Local law enforcers often have to turn to federal agencies and statutes to pursue any investigation if the parties do not reside in the same state.
Currently only 16 states have statutes stalking statutes that explicitly refer to electronic communications. In the other states, courts can attempt to fit cyberstalking within more general stalking statutes. In those states that cannot fit the crime under their laws, if the cyberstalking involves threats to kill, kidnap, or injure the victim, the states may turn to other federal or state laws that do not directly relate to stalking.
Particular federal statutes may also impede pursuit of cyberstalkers. The Cable Communications Policy Act of 1984 prohibits any disclosure of cable subscribers without a court order or advance notice to the subscriber. If a cyberstalker uses a cable company as his (or her) ISP, such a disclosure may frustrate the investigation.
Find an Attorney
If you are facing allegations of stalking or cyberstalking, you need to find an attorney as soon as possible. Courts are becoming more aggressive in their pursuit of stalkers, no matter the means of the stalking. An attorney will determine the particular stalking laws in your state to ensure that your rights are protected.
