Identifying and Penalizing Cyberstalkers

The crime of cyberstalking is committed when there is the use of electronic communications devices to harass a victim. Usually, the attacker uses certain electronic communications devices such as the Internet, e-mails or instant messaging (IM), or through social web sites or discussion groups that allow him or her to remain anonymous in order to stalk their victims undetected, sending them with often threatening messages.

Stalking, in general, requires that the perpetrator make a credible threat of violence against the victim, including his or her immediate family, which can either be an actual threat or an implied threat based on the course of conduct of the stalker. Whether the stalking is done offline or online, all perpetrators of the act are motivated by a desire to exert control over their victims through different means, which involves making threats to the victim’s well-being.

People have the misconception that cyberstalking is more benign as compared to physical stalking since there is no physical contact in cyberstalking. However, cyberstalking is actually more menacing nowadays, especially since the Internet is becoming an integral part of our everyday lives. It is now much easier for a cyberstalker to access information about his or her victims with the ease of communications provided by the technology that we have, making access to local private information just a few mouse clicks away.

Why Cyberstalking Happens

Since access to the Internet is readily available to almost everyone with an internet connection, cyberstalking is fast becoming a problem. There are millions of internet users, all of whom can be a victim of cyberstalking. And with the level of anonymity that the perpetrators of cyberstalking can get from the net, it makes it more difficult for law enforcement to monitor, and more importantly stop such events from taking place. Cybercriminals take advantage of the benefits of having their privacy protected for being an internet user.

At present, law enforcement agencies are beginning to launch major efforts to thwart such crimes from happening, especially since cyberstalking is now a serious matter due to the development of stalking crimes from the progression of new technological advancements, such as the Internet. Since stalkers are now creating new ways to commit stalking crimes, law enforcement agencies should also learn to adapt to such change.

There are anti-stalking laws in the states that cover the use of the Internet, e-mail and other electronic communications in stalking, like California’s anti-stalking laws which was amended to include cyberstalking in its provisions. However, not all state laws are able to provide appropriate punishment and prohibition for cyberstalking, which is one reason why the states should review their laws in order to make it applicable to our current situation.

Laws Against Cyberstalking

There are several Federal laws that allows people to combat cyberstalking. 18 U.S.C 875 states that people who transmit any communication in interstate or foreign commerce, which includes e-mail, beeper and the Internet, containing a threat to injure another person are guilty of a federal crime. 47 U.S.C.  223 punishes those who use telephones or any telecommunications devices to annoy, abuse, harass, or threaten any person.

It is important for states to review their laws in order to make sure that their existing stalking laws cover and address the issue of cyberstalking. It is also important for law enforcement agencies to be well-equipped and prepared to handle such crimes in the future, which is why it is important for them to recognize first the severity of cyberstalking, and to get the much needed training and experience in order to handle such crimes.

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