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thedrifter
04-06-05, 05:45 AM
CYBERSTALKING
by Jim Kouri, CPP

Although online harassment and threats can take many forms, cyberstalking shares important characteristics with offline stalking. Many stalkers - online or off - are motivated by a desire to exert control over their victims and engage in similar types of behavior to accomplish this end. As with offline stalking, the available evidence (which is largely anecdotal) suggests that most known cyberstalkers are men and the majority of their victims are women, although there have been many reported cases of women cyberstalking men and of same-sex cyberstalking. In numerous cases, the cyberstalker and the victim had a prior relationship, and the cyberstalking begins when the victim attempts to break off the relationship.

However, there also have been many instances of cyberstalking by strangers. Given 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.

The fact that cyberstalking does not involve physical contact may create the misperception that it is more benign than physical stalking. This is not necessarily true. As the Internet becomes an ever more integral part of our personal and professional lives, stalkers can take advantage of the ease of communications as well as increased access to personal information. In addition, the ease of use and non-confrontational, impersonal, and sometimes anonymous nature of Internet communications may remove disincentives to cyberstalking.

Put another way, whereas a potential stalker may be unwilling or unable to confront a victim in person or on the telephone, he or she may have little hesitation sending harassing or threatening electronic communications to a victim. Finally, as with physical stalking, online harassment and threats may be a prelude to more serious behavior, including physical violence. Offline stalking generally requires the perpetrator and the victim to be located in the same geographic area; cyberstalkers may be located across the street or across the country.

Electronic communications technologies make it much easier for a cyberstalker to encourage third parties to harass and/or threaten a victim (e.g., impersonating the victim and posting inflammatory messages to bulletin boards and in chat rooms, causing viewers of that message to send threatening messages back to the victim "author"). Electronic communications technologies also lower the barriers to harassment and threats; a cyberstalker does not need to physically confront the victim.

While there are many similarities between offline and online stalking, the Internet and other communications technologies provide new avenues for stalkers to pursue their victims.

A cyberstalker may send repeated, threatening, or harassing messages by the simple push of a button; more sophisticated cyberstalkers use programs to send messages at regular or random intervals without being physically present at the computer terminal. California law enforcement authorities say they have encountered situations where a victim repeatedly receives the message "187" on their pagers - the section of the California Penal Code for murder. In addition, a cyberstalker can dupe other Internet users into harassing or threatening a victim by utilizing Internet bulletin boards or chat rooms. For example, a stalker may post a controversial or enticing message on the board under the name, phone number, or e-mail address of the victim, resulting in subsequent responses being sent to the victim. Each message -- whether from the actual cyberstalker or others -- will have the intended effect on the victim, but the cyberstalker's effort is minimal and the lack of direct contact between the cyberstalker and the victim can make it difficult for law enforcement to identify, locate, and arrest the offender.

The anonymity of the Internet also provides new opportunities for would-be cyberstalkers. A cyberstalker's true identity can be concealed by using different ISPs and/or by adopting different screen names. More experienced stalkers can use anonymous remailers that make it all-but-impossible to determine the true identity of the source of an e-mail or other electronic communication. A number of law enforcement agencies report they currently are confronting cyberstalking cases involving the use of anonymous remailers.

Anonymity leaves the cyberstalker in an advantageous position. Unbeknownst to the target, the perpetrator could be in another state, around the corner, or in the next cubicle at work. The perpetrator could be a former friend or lover, a total stranger met in a chat room, or simply a teenager playing a practical joke. The inability to identify the source of the harassment or threats could be particularly ominous to a cyberstalking victim, and the veil of anonymity might encourage the perpetrator to continue these acts. In addition, some perpetrators, armed with the knowledge that their identity is unknown, might be more willing to pursue the victim at work or home, and the Internet can provide substantial information to this end. Numerous websites will provide personal information, including unlisted telephone numbers and detailed directions to a home or office. For a fee, other websites promise to provide social security numbers, financial data, and other personal information.

Evidence Suggests Cyberstalking Is a Growing Problem
Although there is no comprehensive, nationwide data on the extent of cyberstalking in the United States, some ISPs compile statistics on the number and types of complaints of harassment and/or threats involving their subscribers, and individual law enforcement agencies have compiled helpful statistics. There is, moreover, a growing amount of anecdotal and informal evidence on the nature and extent of cyberstalking.

First, data on offline stalking may provide some insight into the scope of the cyberstalking problem. According to the most recent National Violence Against Women Survey, which defines stalking as referring to instances where the victim felt a high level of fear:
In the United States, one out of every 12 women (8.2 million) and one out of every 45 men (2 million) have been stalked at some time in their lives.

One percent of all women and 0.4 percent of all men were stalked during the preceding 12 months. Women are far more likely to be the victims of stalking than men - nearly four out of five stalking victims are women. Men are far more likely to be stalkers - 87 percent of the stalkers identified by victims in the survey were men.

Women are twice as likely as men to be victims of stalking by strangers and eight times as likely to be victims of stalking by intimates. In the United States, there are currently more than 80 million adults and 10 million children with access to the Internet. Assuming the proportion of cyberstalking victims is even a fraction of the proportion of persons who have been the victims of offline stalking within the preceding 12 months, there may be potentially tens or even hundreds of thousands of victims of recent cyberstalking incidents in the United States. Although such a "back of the envelope" calculation is inherently uncertain and speculative (given that it rests on an assumption about very different populations), it does give a rough sense of the potential magnitude of the problem.

Second, anecdotal evidence from law enforcement agencies indicates that cyberstalking is a serious - and growing - problem. At the federal level, several dozen matters have been referred (usually by the FBI) to US Attorney's Offices for possible action. A number of these cases have been referred to state and local law enforcement agencies because the conduct does not appear to violate federal law.

In addition, some local law enforcement agencies are beginning to see cases of cyberstalking. For example, the Los Angeles District Attorney's Office estimates that e-mail or other electronic communications were a factor in approximately 20 percent of the roughly 600 cases handled by its Stalking and Threat Assessment Unit. The chief of the Sex Crimes Unit in the Manhattan District Attorney's Office also estimates that about 20 percent of the cases handled by the unit involve cyberstalking. The Computer Investigations and Technology Unit of the New York City Police Department estimates that almost 40 percent of the caseload in the unit involves electronic threats and harassment -- and virtually all of these have occurred in the past three or four years.

Third, ISPs also are receiving a growing number of complaints about harassing and threatening behavior online. One major ISP receives approximately 15 complaints per month of cyberstalking, in comparison to virtually no complaints of cyberstalking just one or two years ago.

Finally, as part of a large study on sexual victimization of college women, researchers at the University of Cincinnati conducted a national telephone survey of 4,446 randomly selected women attending two- and four-year institutions of higher education. The survey was conducted during the 1996-97 academic year. In this survey, a stalking incident was defined as a case in which a respondent answered positively when asked if someone had "repeatedly followed you, watched you, phoned, written, e-mailed, or communicated with you in other ways that seemed obsessive and made you afraid or concerned for your safety." The study found that 581 women (13.1 percent) were stalked and reported a total of 696 stalking incidents; the latter figure exceeds the number of victims because 15 percent of the women experienced more than one case of stalking during the survey period. Of these 696 stalking incidents, 166 (24.7 percent) involved e-mail. Thus, 25 percent of stalking incidents among college women could be classified as involving cyberstalking.

Cyberstalking is a relatively new challenge for most law enforcement agencies. The first traditional stalking law was enacted by the state of California in 1990 - over a decade ago. Since that time, some law enforcement agencies have trained their personnel on stalking and/or established specialized units to handle stalking cases. Nonetheless, many agencies are still developing the expertise and resources to investigate and prosecute traditional stalking cases; only a handful of agencies throughout the country have focused attention or resources specifically on the cyberstalking problem

Sources: Los Angeles Police Department, LA County District Attorney's Office, Federal Bureau of Investigation, New York City Police Department, New York District Attorney's Office - Sex Crimes Unit,
National Association of Chiefs of Police, University of Cincinnatti, Bureau of Justice Statistics


Ellie