Online Harassment and Online Stalking | Center for the exchange of data protection rights (2023)

Published: June 1, 1994|Revidirani datum: 25. listopada 2018

Please note that this guide is for informational purposes only only. nasI cannot advise victims of stalking. If you need advice or help, visit us
http://ovc.ncjrs.gov/findvictimservices/search.asp

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1. What is cyber harassment?
2. Who is affected?
3. cyberstalking
4. California law
5. federal law
6. resource

1. What is cyberbullying?

Online harassment can include threatening or harassing emails, instant messages, or online postings. It targets specific individuals by contacting them directly or providing their personal information in order to cause them pain, fear or anger.

Cyberstalking is a form of online harassment that uses electronic means to track the victim. This is usually a pattern of threatening or malicious behavior. All states have laws against stalking, but legal definitions vary. Some state laws require perpetrators to make credible threats of violence to victims. Others require only that the stalking practices constitute an implied threat.

2. Who is affected?

In July 2017, the Pew Research Center's American Trends Panel conducted a national surveyquestionnaireInternet users' experiences of online harassment. The survey found that 41 percent of Americans have personally been victims of online harassment, and 66 percent have witnessed harassment by others. Nearly one in five Americans (18%) have experienced particularly severe online harassment, such as physical threats, prolonged harassment, sexual harassment, or stalking.

3. Web monitoring

• Sending manipulative, threatening, abusive or harassing emails from different email accounts.
• Hack the victim's online accounts (such as bank or email) and change the victim's settings and passwords.
• Creating fake online accounts on social media and dating sites, impersonating the victim or attempting to contact the victim using a false identity.
• Post the victim's personal information on Internet message boards and discussion groups, such as B. Home address, phone number, or Social Security number. The posts can also be offensive or controversial — and result in victims receiving a flood of emails, phone calls or visits from people who read the post online.
• Subscribe to numerous online mailing lists and services using the victim's name and email address.

Cyberstalking is difficult to fight because the stalker can be out of state or within three cabins of the victim. Online anonymity can make it difficult to verify the stalker's identity, gather the evidence needed to make an arrest, and track the online stalker to his or her physical location.

Social media poses a safety risk for victims of stalking. Social media profiles can contain information such as your email address, phone number, general (or even specific) address information, birthdays, official names, names of family members, and even information such as the latest news about your location. If the victim has a public profile, the stalker can easily access all the information posted on the social network account. Even with strict privacy settings or a private profile, stalkers can still gain access to your account. Among other things, this can be achieved by:

• hack your account
• Create fake profiles and send "friend requests" or "follow requests". It may even look like the request is coming from a known friend or family member. Make sure your friends and family have an account before accepting requests.
• Access the accounts of your existing contacts (such as Facebook friends or Twitter followers).

Social media is often linked to another form of harassment known as "revenge pornography," or the posting of offensive photos or videos online without the permission of others. There are laws that create criminal and civil liability for revenge pornography, but victims may first want to take steps to remove the material as quickly as possible. Many social media sites have policies for reporting and removing such material from their sites.

If you have become a victim of stalking, consider suspending your social media account until the stalking issue is resolved. If you decide to continue using social media, here are some tips to help you stay safe:

• Use your privacy settings. Some social networking sites may allow you to keep your personal information completely private by checking a box. With other providers such as Facebook, navigating privacy settings can be complicated.
• Take advantage of additional security settings. One of the best examples is two-factor authentication. Enabling this feature requires you to provide your account with information you know (such as a password) and information you have (such as a specific device). So if someone gets hold of your password, they won't be able to log into your account without a specific code that the service sends to your device. For a list of sites that offer two-factor authentication, seehttps://twofactorauth.org/.
• bigSimulate the amount of personal information you post on your accountT.For example, you may not want to include contact information, your date of birth, the city you were born in, or the names of family members.
• Do not accept "friend requests" (or "follow requests") from strangers.If you know the person who sent the request, contact them offline to confirm that they sent the request.
• warn your friends and acquaintancesDo not post any personal information about yourself, especially contact and location information.
• avoid online surveys or quizzes,Especially those asking for personal information.
• Do not post photos of homes that could indicate their location.For example, don't post photos with house numbers or landmarks in the background.
• Be careful when joining an online organization, groups or "fan pages". Never openly register for events displayed online.
• Be careful when connecting your phone to social media accounts.If you choose to link your phone to your online accounts, be careful when giving real-time updates about your location or activity.
• Avoid posting information about your current or future location.Or provide information that a stalker can later use to determine your location, such as restaurant reviews near your home.
• Always use strong, uniquepasswordSuitable for any social networking site.

4. California Law

California was the first state to pass anti-stalking laws in 1990, but all 50 states now have anti-stalking laws.

California has criminal and civil laws against stalking and online harassment. According to the criminal law, a stalker is someone who intentionally, maliciously and repeatedly stalks or harasses another (victim) and makes credible threats with the intention of causing fear for the victim's or his immediate family's safety. The victim does not have to prove that the stalker intended to make the threat. (California Penal Code 646.9)

The California Criminal Online Harassment Act prohibits the use of an electronic communication device to repeatedly contact another person with the intent to harass or harass that person, or to make a single harassing contact if it contains obscene or threatening language. (California Penal Code 653m.) In addition, it is illegal to make credible threats through electronic communication devices, including but not limited to telephones, cell phones, smart phones, tablets and computers. (California Penal Code Section 442.)

When stalking occurs in the workplace, the employer can file for a restraining order or restraining order on behalf of the employee who is the victim of stalking. (California Code of Civil Procedure 527.8)

Victims can also ask the California Department of Motor Vehicles (DMV) to stop disclosing vehicle registration and driver's license information to anyone except court and law enforcement officers, other government agencies, or certain financial institutions, insurance companies, and attorneys. (California Vehicle Code 1808.21, 1808.22) Victims may also request that voter registration information, name and address changes, and other personally identifiable information remain confidential. Knowingly publicizing the personal data of a victim of stalking or domestic violence with the intention of harming or fearing harm is prohibited. (California Government Codes 6205-6210)

Many other states also have secrecy programs that allow victims to withhold personal information.

California also has laws against "revenge pornography," or posting explicit photos online without the permission of others. Taking explicit photos or videos of others and distributing them in a way that is intended to cause emotional pain is a criminal offence. This applies both to the dissemination of photographs of the victim taken by the perpetrator and to the dissemination of photographs taken by the victim. If the victim is a minor or the perpetrator has been punished, the punishment is more severe. (Cal. Penal Code 647(j), 647(k)). For laws against revenge porn in other states, seehttp://www.cagoldberglaw.com/states-with-revenge-porn-laws/.

5. Federal law

Federal laws dealing with stalking and harassment:

Unauthorized Information: The Computer Fraud and Abuse Act creates civil and criminal liability for individuals who gain unauthorized information from networked computers. Additional civil and criminal remedies exist for those who fraudulently gain access to a computer. This law could be useful in situations where victims are secretly recorded on their own computers or where perpetrators obtain sexual photos or videos through unauthorized access to victims' computers. (8 USC 1030)

Copyright Infringement: Victims who post intimate photos or videos online without their consent (revenge pornography) can file a civil lawsuit for copyright infringement if the victim is the person who originally took the image and therefore owns the copyright. (17 USC 50)

Wiretapping: If the perpetrator originally obtained published material without consent by intercepting electronic communications, they may be subject to criminal and civil liability. (18 U.S.C. 2511)

Interstate Threats and Extortion: People who post or threaten to post private photos or videos of others with the intent of forcing their victims to do something they would not otherwise do can be charged with extortion if the perpetrator travels interstate with the victim Commercial channels of communication (telephone, computer, internet, etc.) (18 U.S.C. 875)

• Interstate Stalking: Section 2261A(1) makes it a federal crime to stalk another person across state, tribal, or international lines with the intent to "kill, injure, harass, or be surveilled, with intent to kill, injure, harass, or intimidate" anyone else . "In addition, the travel must cause a reasonable fear of death, serious bodily injury, or serious emotional distress in the victim or his family, spouse, or domestic partner. Section 2261A(2) provides that, whether by mail, email, or the Internet, federal is the crime of stalking, tribal or international. The stalker must fear killing, harming, harassing, intimidating or causing serious emotional distress or causing death or serious bodily injury to the victim or a family member, spouse or intimate partner of the victim.(18 Section 2261A of the United States Code)

• Interstate domestic violence: Pursuant to section 2261(a)(1), travel across state, tribal, or international borders with the intent to kill, injure, harass, or intimidate a spouse or intimate partner and commit or attempt to commit a federal crime against the spouse or partner commits a violent crime . 2261(a)(2) makes it a federal crime to induce a spouse or intimate partner to cross state, tribal, or international lines and commit a criminal or violent act against the spouse by force, coercion, coercion, or fraud. (18 U.S.C. Section 2261)

• Interstate Violation of a Protective Order: Pursuant to section 2262(a)(1), it is a federal offense to travel across state, tribal, or international borders for the purpose of violating a protective order and subsequently participate in the violation of this order.

• Interstate Telephone Harassment: The Act makes it a federal crime to use a telephone, the Internet, or any other telecommunications device to harass, abuse, harass, or threaten another person at a called number. (47 U.S.C. section 223(a)(1)(C))

• Caller ID spoofing: Callers can disguise their identity by spoofing the phone number displayed on the recipient's caller ID. This is known as "false caller ID processing" and is illegal under the Caller ID Truth Act, which prohibits submitting false or inaccurate caller ID information with the intent to defraud, harm, or improperly obtain something of value. Violators will be fined up to $10,000 per violation. If you suspect that your caller ID has been tampered with, you can file a complaint with the FCC.

• Caller ID Blocking: Federal law protects callers' privacy by requiring phone companies to allow blocking of their own phone numbers. For all international calls, callers must have the option to reveal or block their number. To block all calls to your number, dial *67 before the call. To unlock your number, dial *82.

6. Resources

National Center for Victims of Crime

• 2000 Meter Street NW, Ste. 480
  Washington, DC 20036
  Phone: (202) 467-8700
  mesh:http://www.victimsofcrime.org/
  
• Read the guidelines for victims of stalking on the Stalking Resource Center page.http://www.victimsofcrime.org/our-programs/stalking-resource-center

Office of Victims of Crime (US Department of Justice)

• OVC has an online offerCrime Victim Services Directory.The directory allows you to search by state or country for services that match a particular form of victimization.

National domestic violence hotline

• NDVH helps victims find safe accommodation.
  (800) 799-SAFE
  mesh:www.ndvh.org

National Network for Stopping Domestic Violence

• Focus on technology-based tracking
• mesh:www.nnedv.org

Web Trace Resources:

• We work hard to stop online bullying,www.haltabuse.org
• 12 tips to protect yourself from cyber stalkinghttp://womensissues.about.com/od/violenceagainstwomen/a/Cyber​​Prevention.htm

Other pages:

• stop tracking in the USwww.esia.net
• Association of Threat Assessment Experts,www.atapworldwide.org(no implied endorsement)
• C.A. Goldberg's Lawhttp://www.cagoldberglaw.com/how-to-report-revenge-porn-on-social-media/