What Is Cyberstalking? Cyberstalking refers to the use of the Internet, e-mail, or other telecommunication technologies to harass or stalk another person. It is not the mere annoyance of unsolicited e-mail. It is methodical, deliberate, and persistent. The communications, whether from someone known or unknown, do not stop even after the recipient has asked the sender to cease all contacts, and are often filled with inappropriate, and sometimes disturbing, content. Cyberstalking is an extension of the physical form of stalking.
It is estimated that there may potentially be tens or even hundreds of thousands of cyberstalking victims in the United States. A cyberstalker only needs access to a computer and a modem. Due to the enormous amount of personal information available through the Internet, a cyberstalker can easily locate private information about a potential victim with a few mouse clicks or key strokes. Information is power, and stalking of any kind is about power and control. There is little security on-line. Turning on a computer can expose anyone to harassment. Everyone who receives e-mail or uses the Internet is susceptible to cyberstalking.
Cyberstalkers use a variety of techniques. They may initially use the Internet to identify and track their victims. They may then send unsolicited e-mails, including hate, obscene or threatening mail. Live chat harassment abuses the victim directly or through electronic sabotage (for example, flooding the Internet chat channel to disrupt the victim’s conversation). With newsgroups, the cyberstalker can create postings about the victim or start rumors that spread through the bulletin board system. A cyberstalker may also set up a web page on the victim with personal or fictitious information or solicitations to readers. Another technique is to assume the victim's persona on-line, such as in chat rooms, for the purpose of discrediting the victim's reputation, posting details about the victim, or soliciting unwanted contacts from others. Cyberstalking is a course of conduct that takes place over a period of time and involves repeated, deliberate attempts to cause distress to the victim.
(Information for this section came from the U.S. Department of Justice. August 1999. Cyberstalking: A New Challenge for Law Enforcement and Industry—A Report from the Attorney General to the Vice President. Washington, D.C.: U.S. Department of Justice, pp. 2, 6.)
The rapidly advancing technology also makes it possible for abusers to use Spyware which is computer software or possibly a hardware device that allows someone to monitor and get information about someone else’s computer use. The presence of the Spyware is usually totally unknown to the victim. Once installed, the Spyware can allow the abuser to monitor what is done on the computer, cell phone or other handheld devices. This is usually done remotely, so that the victim remains unaware that he/she is being monitored.
Additionally, technology continues to produce cameras that can be hidden in smaller and less obvious places, such as a child’s toy, the bedroom lamp or smoke detector. This makes it possible for abusers to obtain photographs which can then be enhanced and/or modified using various programs. A victim might find these pictures on offensive websites, posted on the victim’s own webpage or distributed throughout the Internet. Some of the cameras also have built-in microphones so the abuser can hear what is being said as well as take pictures.
(This information was provided by the Safety Net project of the National Network to End Domestic Violence with funding from the Mary Kay Ash Charitable Foundation, 2006)
What Are the Effects of Cyberstalking? The fact that cyberstalking does not involve physical contact may create the misperception that it is less threatening or less dangerous than physical stalking. Cyberstalking is just as frightening and potentially as dangerous as a stalker at the victim’s front door. The psychological torment is very real, even in the absence of a distinct physical threat. It totally disrupts a victim's life and peace of mind. Cyberstalking presents a range of physical, emotional, and psychological trauma for the victim, who may begin to develop or experience:
Are There Laws to Protect a Victim From Cyberstalking?
This addresses obscene, anonymous, harassing and threatening communications.
(a) According to West Virginia Code 61-3C-14A it is unlawful for any person, with the intent to harass or abuse another person, to use a computer to:
Make contact with another without disclosing his or her identity with the intent to harass or abuse;
Make contact with a person after being requested by theperson to stop from contacting them;
Threaten to commit a crime against any person or property;
Cause obscene material to be delivered or transmitted to a specific person after being requested to stop sending such material.
(b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this section.
(c) Any offense committed under this section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received.
(d) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in a county or regional jail not more than six months, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in a county or regional jail for not more than one year, or both.
As part of the 2000 Violence Against Women Act, Congress extended the federal interstate stalking statute to include cyberstalking.
18 U.S.C. §2261A(2). It is a federal crime, punishable from five years to life in prison, to stalk another person across state, tribal or international lines using regular mail, e-mail or the internet. The defendant must have the intent to kill or injure the victim, or to place a family member or a spouse or intimate partner of the victim in fear of death or serious injury.
In 2000, Congress also passed the Amy Boyer’s Law, 42 U.S.C. Section 1320 B-23 (P.L. 106-553), which prohibits the sale or display of an individual's social security number to the public, including sales over the Internet, without the person's expressed consent, submitted either electronically or in writing. The law allows a person harmed by wrongful release of a social security number to sue the seller or displayer for equitable relief and monetary damages in a U.S. District Court. In addition, the Social Security Commissioner can impose on any such violator a civil penalty of $5,000 for each violation, with increased penalties (maximum of $50,000) if the violations constitute a general business practice. This new law applies to violations effective on December 21, 2002, two years after its enactment. (Amy Boyer’s Law is named after a young woman who was murdered after her stalker purchased her social security number over the Internet.)
West Virginia Law Regarding Child Pornography §61-8C-3)
Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two years, and fined not more than $2,000.
What Should You Do If You Are A Victim of On-line Stalking?
If you are being harassed on-line, there are several things you should do.
1. Trust your instincts.
If you suspect that someone knows too much about you and/or your activities, it is possible that you are being monitored.
2. Plan for Safety.
Advocates at your local rape crisis center or domestic violence shelter are available to help you develop a safety plan. You can also use national hotlines such as 1-800-656-HOPE, the National Sexual Assault Hotline or a website such as www.fris.org or www.rainn.org.
3. Be extra cautious if your abuser is very technologically savvy.
Again trust your instincts. You may want to talk to an advocate or to the police.
4. Use a safer computer.
If you suspect that your computer is compromised, use a computer at the public library, church, or a community center.
5. Create a new email account(s).
Look for free web-based email accounts. Use an anonymous name and don’t provide much information in the profiles that an abuser could use to find you.
6. Check your cell phone settings.
Consider turning it off when not in use. If your phone has GPS enabled, consider turning it off.
7. Change passwords and pin numbers.
Use gender neutral passwords. Try to avoid using birthdates, numbers or phrases that your abuser may recognize. Don’t give your passwords to anyone and keep them in a safe, not easily accessed place.
8. Minimize the use of cordless phones and baby monitors.
Turn these devices off if you do not want your conversation overheard. Use a corded telephone whenever you want your conversation to be more private.
9. Use a donated or new cell phone.
If the local rape crisis center or shelter provides cell phones or if you can
obtain a new phone, do so. Consider the use of a prepaid phone or phone cards as well.
10. Ask about your records and date.
Many court systems and government agencies are publishing records to the
Internet. Ask agencies about their policies regarding publishing and protection of victim records. Find out if there are ways that your records can be sealed or if access can be restricted in some way to protect your safety.
11. Get a private mailbox and don’t give out your real address. This will give you a safer address to give out to doctors, businesses, etc. Try to keep your actual address out of national databases.
12. Search for your name on the Internet. This can help you determine what information is online and whether search engines have access to your contact information.
(This information was modified from information created June 2003, Revised May 2004 by Safety Net: the National Safe & Strategic Technology Project at the National Network to End Domestic Violence www.nnedv.org)
Did You Know That...
Over 50 million children and teens have access to the Internet. Only 1/3 of the households that have Internet access are proactively protecting their children and teens by using filtering or blocking software.
An alarming 75% of children share personal information about themselves willingly over the Internet in exchange for goods and services.
Only 25% of our children will tell a parent about an encounter with a predator who approached or solicited sex while on the Internet.
In the United States, 1 out of 5 teens who regularly log on to the Internet have received unwanted sexual material through the web. This material includes requests to have sex, to have sexual conversations, and to give personal sexual information.
Online predators will contact 77% of youths by the age of 14, and 22% of children ages 10 to 13 will be approached.
These statistics are alarming, but parents do have tools to help prevent problems when their children are on-line.
Online predators will contact 77% of youths by the age of 14, and 22% of children ages 10 to 13
will be approached. These statistics are alarming, but parents do have tools to help prevent problems when their children are on-line. In order to better protect yourself online:
Use a gender-neutral screen name.
Never give your password to anyone, especially if someone sends you an instant message (IM).
Don’t provide your credit card number or other identifying information as proof of age to access or subscribe to a web site run by a company with which you are unfamiliar.
Tell children not give out their real name, address, or phone number over the Internet without permission.
Don’t give your primary e-mail address out to anyone you don’t know.
Spend time on newsgroups, mailing lists, and chat rooms as a “silent” observer before speaking or posting messages.
When you do participate on-line, only type what you would say to someone in person.
Don’t respond to an e-mail from a stranger; when you reply, you are verifying your e-mail address to the sender.
On a regular basis (at least once a month), type your name into Internet search engines to see what information, if any, pops up. To have your name removed from any directories, contact each search engine on which you are listed and request to be removed.
What About Sexual Exploitation of a Child on the Internet?
There is always the possibility that a child will be exposed to the dangers of sexual exploitation. Predators (pedophiles) use the Internet to identify and cultivate children that are potential victims. Generally, these individuals target children and begin to seduce them in stages. The predators’ willingness to invest large amounts of time into the relationship and their patience allows them to successfully seduce children, first with words and ideas, and then physically.
Predators begin by cultivating relationships with children—giving attention those children may not feel they are getting at home.
The predator listens, sympathizes with complaints about family or friends or trouble at school and encourages the child to share fears. The predator responds in ways that reinforce feelings of alienation for the child. The predator will converse with the child about music, hobbies and interests, and about the child’s friends and enemies. If there is some problem between the child and parent, the predator will use that to his advantage. He will encourage feelings that the child’s parents are wrong, no matter what the problem is. He will always be on the child’s side. He will put the child’s parents down and may even tell the child that he is the only one who really loves or cares for her/him.
As time progresses and the predator feels that the child is comfortable with him, he will start to be more affectionate and will probably begin to give small gifts to the child. During this part of the grooming process, the predator will invest large amounts of time being available to the child and encouraging dependence on this relationship to the exclusion of others. Keep in mind that thus far, the child still probably believes he is talking to a peer, or if he/she knows that it is an adult, he probably feels that this is a sympathetic “Uncle” type of friend. Children love to be taken seriously by adults, and this is one adult who makes the child feel very special.
As the relationship progresses, the predator may work to lower the child’s natural inhibitions—asking innocent sounding questions at first like, “What are your favorite clothes?” or “When do you usually shower, morning or night?”. By working questions such as these into conversations about busy schedules or shopping for the right clothes at the right shops, the predator introduces concepts that he can build on in future conversations that can slowly evolve into “What are you wearing right now?” or “What do you sleep in?”. Even a description of a child's favorite shirt or outfit can lead to an “I’d love to see a picture of you in that Chicago Bulls jersey!” kind of request.
Progressing further into the relationship, sexual themes will begin to develop with starting points as various as “My parents were having sex last night, and I heard them! Disgusting!” or “My friend brought a Playboy magazine to school yesterday and got caught with it!” There are ways that the predator can introduce sexual themes into the conversation.
The predator may at some point begin sending pornographic pictures to the child, sometimes of other children, to further lower their resistance to what is commonly referred to as “Cybersex”. Cybersex can be defined as sexual relationships using text and pictures as the stimuli. During cybersex, the predator will use words to explain what he would be doing if he were with the child, or what he is doing while he talks to the child. During this verbal intercourse, the predator is masturbating and telling the child how he feels while doing so. He may also tell the child what he wants him/her to say back. He may ask the child to do things to his or her own body and verbalize how it feels.
Once the predator has built a relationship with the child, there are three avenues the predator might choose:
If the child begins to withdraw (uncomfortable with the progression of the relationship), the predator may try to use some form of blackmail to force the child to continue or to progress. He may request nude photographs of the child, and threaten to tell the parents about the relationship if the child refuses. If he already has photographs of the child, he may threaten to publish them or share them if the child doesn't agree to meet.
If the child has successfully been drawn into this relationship, the predator will usually try to arrange a meeting. Children often know that what they are doing is in some way “wrong”, but the practiced pedophile can often overrule this feeling with massive amounts of affection and affirmation. It is important to remember that no matter what the child does, or even if there are feelings of affection (love) for the predator, it is because he/she is, indeed, a child, and has been victimized by a person who was deceitful.
Some children will put a stop to the relationship before it gets too dangerous. If a child has been approached by a predator, and even allowed some behaviors to continue that they knew were wrong, it is important for the child to trust her/his parents enough to be able to tell them what has happened. Parents must make sure that their children understand that they can come to them at any time, with any problem. Remember that the child was victimized. Children will be less likely to be blackmailed into doing further acts if they are not afraid to tell their parents what has already happened.
What Can Parents Do To Reduce the Risk of Child Sexual Exploitation on the Internet?
There are many things parents can do to reduce the risk that their child will fall victim to sexual exploitation on the Internet. Parents should talk to their children while they are on-line and do the following:
Explain the dangers that they might come across while on the Internet.
Put the computer in an accessible place and set limits on Internet use.
Check in with your children while they are on-line; read what they write and receive.
Know your child’s screen name.
Enforce a list of “Do Nots”, including:
Do not give out personal information.
Do not complete personal profiles.
Do not plan to meet face-to-face with someone you met on-line.
Do not allow your child to upload their picture.
Talk with your children about potential on-line dangers. Some sites, such as CyberNetiquette.com, have interactive lessons about on-line safety.
Tell your children if they come in contact with someone suspicious or feel uncomfortable about something they are sent via e-mail or while in a chat room, they should tell you immediately. Keep the lines of communication open at all times.
Check the computer for any downloads from on-line sources or e-mails. This can be a warning sign that a child is in contact with a pedophile.
Screen phone calls a child is getting from people that you don’t know. Have caller ID put on the phone line. Find out about call blocking. There are also devices that can be purchased to show what numbers are being dialed from a home phone.
Use the parental controls that are supplied by your Internet Service Provider. It will make it more difficult for the offender to have access to a child if the monitor can be seen by someone, and the parental controls will block most pornography.
Find out what other computers the child has available (i.e. school, school library, public library and the child’s friends. Check the safeguards that are on those computers.) The predator could get access through these computers if the computer safe guards are not utilized.
Never blame a child if he/she is a willing participant in any form of sexual exploitation. The child is not to blame or at fault. The offender always bears the complete responsibility for his or her actions. The child is the victim and should be treated as such.
If you suspect that a child is being groomed by a pedophile, do not panic. Call and report all facts or circumstances to the National Center of Missing and Exploited Children (800-THE-LOST) to receive an identification number and password that will enable you to log on to the “Cyber Tipline” to report all instances of apparent child pornography.
The “Cyber Tipline” will have a specialized electronic reporting form requesting information from the provider about the suspected violation of child pornography laws. The National Center for Missing and Exploited Children website is http://www.CyberTipline.com.
West Virginia Law Regarding Child Pornography §61-8C-3
Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two years, and fined not more than $2,000.
Find out what other computers the child has available (i.e. school, school library, public library and the child’s friends. Check the safeguards that are on those computers.) The predator could get access through these computers if the computer safe guards are not utilized.
Never blame a child if he/she is a willing participant in any form of sexual exploitation. The child is not to blame or at fault. The offender always bears the complete responsibility for his or her actions. The child is the victim and should be treated as such. If you suspect that a child is being groomed by a pedophile, do not panic. Call and report all facts or circumstances to the National Center of Missing and Exploited Children (800-THE-LOST) to receive an identification number and password that will enable you to log on to the “Cyber Tipline” to report all instances of apparent child pornography.
The “Cyber Tipline” will have a specialized electronic reporting form requesting information from the provider about the suspected violation of child pornography laws. The National Center for Missing and Exploited Children website is http://www.CyberTipline.com.
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