Bharti Vidyapeeth
New Law College
CYBER LAW ASSIGNMENT- 1
Submitted by- Kush Tiwari
Class- BBA LLB SEM 6
DIVISION- A
ROLL NO- 61
Abstract
Our society has come to rely on the sheer size, technological power, and lightning fast speed of the
Internet to seek out immeasurable pages of information, explore the unknown, and communicate
with virtually anyone, anywhere, and at any time across the globe. Conversely, the Internet has
opened windows of previously unknown criminal opportunities that not only challenge, but also
transcend all physical boundaries, borders, and limitations to detect, punish, and diminish what
appears to be a mounting problem of global proportion. As such, the Internet has literally become a
fertile breeding ground for an entirely new and unique type of criminal offender hereafter known as
the cyber stalker – an offender who uses the Internet as a tool or weapon of sorts to prey upon,
harass, threaten, and generate immense fear and trepidation in its victims through sophisticated
stalking tactics. This paper presents a glimpse into the deviant behaviours and tactics associated with
cyber stalking crimes, legislative intervention measures, and preventative initiatives created
specifically to curtail this emerging global crime.
Keywords: Cyber Stalking; Harassment; Intimidation; Internet; Deviant behaviour.
Introduction
The Internet has undergone rapid growth in this millennium in that it has promoted advances in just
about every aspect of society and is available and accessible impractically every corner of the globe
(McFarlane & Bocij 2003; Jaishankar & Sankary2005). The predicted benefits to society are
incalculable. The Internet is primarily responsible for developing and enriching global commerce to
previously inconceivable heights, fostering remarkable advancements in education and healthcare,
and facilitating worldwide communication that was once perceived to be limited and costly
(McFarlane & Bocij, 2003; Jaishankar & Sankary 2005). However, the Internet, with its infinite size
and previously unimaginable capabilities, has a dark side in that it has opened windows of previously
unknown criminal opportunities that not only challenge, but also transcend all physical boundaries,
borders, and limitations to detect, punish, and diminish what appears to be a growing social problem
of global proportions. The Internet has literally become a fertile breeding ground for an entirely new
and unique type of criminal offender hereafter known as the cyber stalker. The cyber stalker is one
who uses the Internet as a weapon or tool of sorts to prey upon, harass, threaten, and generate fear
and trepidation in his or her victims through sophisticated stalking tactics, which for the most part,
are largely misunderstood and in some cases, legal. Despite nearly a decade of prominent
criminological research, there is no concise, universally accepted definition of traditional stalking and
to make matters worse, there is even less literature available in reference to cyber stalking
(McFarlane & Bocij 2003).Consequently, the cyber stalkers’ behaviors, patterns, and tactics are
largely misunderstood and to a certain extent – unknown (Mustaine & Tewksbury 1999). The term
cyberstalking generally refers to the use of the Internet, email, or other electronic communication
device to create a criminal level of intimidation, harassment, and fear in one or more victims
(Petrocelli 2005; Reno 1999). As mentioned, there is very little known about cyber stalking, but what
is accepted is that cyber stalking behaviors can vary from a non-threatening email to a potentially
deadly encounter between the stalker and the targeted victim (Hutton & Haantz 2003). The obvious
key to distinguishing traditional stalking from cyber stalking is that cyber stalkers rely predominantly
on the Internet and other electronic communication devices to harass, threaten, and intimidate their
targeted victims. Most cyber stalking behaviours are premeditated, repetitious, and can be quite
aggressive in their approach, but border on being illegal under current statutory law inmost states
(Hutton & Haantz 2003).
Since cyber stalking is largely misunderstood, many incorrectly assume that cyberstalking involves an
element of sexual obsession; however, the research findings are not as conclusive in that regard
(Mustaine & Tewksbury 1999). Mustaine and Tewksbury (1999)propose that stalking is a criminal
offense motivated by interpersonal hostility and aggressive behaviors stemming from power and
control issues rather than material gain or sexual obsession. Cyber stalking, like traditional offline
stalking, is fuelled by rage, power, control, and anger that may have been precipitated by a victim’s
actions or, in some cases, the victim’s inactions. The research suggests that the number of cyber
stalking incidents will continue to mount, in part, because the Internet provides a safe haven in
which an offender can theoretically hide and conceal one’s identity behind a veil of
anonymity(Bowker & Gray 2004). With anonymity, an offender can literally pretend to be someone
completely different, which is similar to an actor who conjures up a convincing persona to persuade
the audience that the actor’s guise is, in fact, genuine (Bowker & Gray 2004).The anonymity of the
Internet also affords the perpetrator an opportunity to contact virtually anyone with Internet access,
at any time, with little fear of being identified and even less fear of being arrested and prosecuted
under the current legal system in many jurisdictions (Bowker & Gray 2004).
Online Cyber stalking vs. Traditional Offline Stalking
To some extent, cyber stalking is fundamentally an extension of traditional stalking in which the
offender utilizes a high-tech modus operandi to committing the crime(Petherick 2007). With cyber
stalking becoming a growing criminological concern in contemporary society, the offender’s
behaviours and actions need to be examined in greater depth (Desai & Jaishankar 2007). Bocij (2005)
was one of the very first researchers to study the prevalence and impact of cyber stalking. Cyber
stalking behaviours are similar to traditional stalking behaviours in many respects; however, cyber
stalking, at least from a criminological and legal perspective, represents an entirely new form of
deviant, criminal behavior (Bocij & McFarlane 2002). For one, both offender types, traditional and
online, resort to tactics and behaviours that are primarily intended to harass, and in some cases,
threaten or intimidate the victim (Petrocelli 2005). As mentioned, traditional stalkers and cyber
stalkers will frequently react aggressively when confronted, scorned, rejected, or belittled by a victim
(Bocij 2005). The research information suggests that cyber stalkers are demographically more in line
with the stereotypical white- collar criminal as opposed to the street level criminal offender. The
overwhelming majority of cyber stalker offenders are middle to upper class Caucasian males with
stable employment and firmly established ties to the community (Bocij & McFarlane 2002).
Conversely, the research literature also suggests that many cyber stalkers have a prior criminal
record, a history of substance abuse, or a personality disorder that directly or partly contributes to,
and increases the likelihood of such antisocial behaviors (Hutton &Haantz 2003; Reno, 1999).
Although this may be true in some cases, there is very little conclusive evidence to support this claim
in all cases (Mustaine & Tewksbury 1999). The figures cited throughout this report are purely
speculative based on limited empirical evidence in that the actual numbers or percentages can never
be known since most crimes, especially cyber stalking crimes, go unreported or undetected, thereby
contributing to these-called dark figure of crime. In addition, scientific information in relation to
cyberstalking is still in its infancy and is therefore, anecdotal. The evidence collected thus farsuggests
that offender suffers from a personality disorder that may range from anabnormally high level of
paranoia to delusional behaviors and thoughts that can consume the offender (Mullen et.al 1999).
As repeatedly mentioned, many of the behaviors displayed by cyber stalkers resemble that of
traditional stalkers; however, there are many notable differences that clearly distinguish the former
from the latter. One of the most striking similarities is that both offender types are motivated by an
insatiable desire and need to have power, control,and influence over the victim (Reno 1999). If left
unattended, these actions could conceivably escalate to a potentially volatile physical confrontation
between the offender and the victim even though many, including those in law enforcement,
perceive cyberstalking to be relatively harmless (Reno 1999). Traditional stalking behaviors are fairly
predictable in that the offender will often follow the victim home, to work, or even to school,
thereby making it somewhat effortless for investigators to track, apprehend, arrest, and
subsequently prosecute the offender. Further, many stalkers resort to leaving harassing written
messages at the victim’s home or place of employment and in some cases, the offender will make
threatening phone calls that are intended to provoke fear and intimidation in the victim, all of which
can often be traced back to the perpetrator with relative ease (Reno 1999). As stated, the
aforementioned crimes typically leave a physical trail of evidence behind that will undoubtedly be
used to assemble a criminal case against the offender. Another noteworthy comparison between the
stalker and the cyber stalker is the distinctively high probability that both offender types had a prior
intimate relationship, whether real or perceived, with the victim; however the cyber stalker is more
inclined to choose his or her victims at random (Bocij & McFarlane 2003; Reno 1999). According to
Reno (1999), nearly 50% ofall cyber stalking incidents involved complete strangers who were initially
contacted insome perceivably innocent manner via the Internet.
Discussion and Conclusion
The literature on cyber stalking is still in its infancy; however, the incidence of cyber stalking is
expected to increase as the Internet becomes even more popular than it is today, especially amongst
society’s youth (Hutton & Haantz 2003). Simply stated, much of modern life cannot be performed as
effectively without continuous access to the Worldwide Web (Hutton & Haantz 2003). Even though
law enforcement is faced with a series of obstacles, there is hope. Law enforcement at the federal,
state, and local level must unite, share, and disseminate intelligence information. With proper
training and guidance, law enforcement investigators can often trace, with some accuracy, an
electronic trail that has been left behind by the cyber stalker (Reno 1999). Metaphorically speaking,
an electronic trail is the equivalent of burglar who leaves behind a fingerprint at the crime scene
(Reno 1999). With a little work, the electronic trail can often be traced back to its initial point of
origin. In the interim, law enforcement can resort to investigative strategies and tactics that have
proven effective in traditional stalking situations (Reno 1999). Former Attorney General Janet Reno
(1999) suggested that law enforcement refer to an annual report generated by the Attorney
General’s Office to Congress entitled, “Stalking and Domestic Violence” for additional insight into
stalking behaviors. Additionally, it is strongly suggested that law enforcement form a cooperative
partnership with ISPs since both are ultimately working towards the same goal, eradicating online
harassment. Still, not all the law enforcement training and support in the world can replace good ole
fashioned education by informing citizens of the dangers associated with the Internet. Online
harassment is unfortunately only one of the many detrimental components to the Internet. Former
Attorney General Janet Reno (1999) recommended that states review existing stalking statutes to
include a section on cyber stalking Pennsylvania is one of a handful of states that does not have a
separate statute or subsection to address cyber stalking, therefore making it incredibly difficult to
prosecute such offenses. Contrary to critics of cyber stalking literature, cyber stalking is a growing
problem that transcends international boundaries (Bocij & McFarlane 2002). Granted, the
inaccuracies stem from the media’s false depiction of cyber stalking as a problem of epidemic
proportion (Bocij & McFarlanem2002). However, the number of cases is increasing and it expected
to continue to rise over the next decade (Bocij & McFarlane2002). In other words, the attention that
cyber stalking has recently received is warranted and genuine and worthy of further criminological
research (Bocij & McFarlane 2002).
