<< 5 0 obj endobj L. 106386, div. endobj /K 5 endobj 191 0 obj /Font << >> /Author (Svdraa) << /Annots [324 0 R 325 0 R 326 0 R 327 0 R 328 0 R 329 0 R] The U.S. Federal Government has passed a number of important pieces of legislation that can be used to prosecute cyberstalkers, although as this chapter indicates, none are comprehensive, and all contain loopholes. null 380 0 R null 381 0 R null 582 0 R 583 0 R 382 0 R 55 0 R 383 0 R Official websites use .gov /Contents 342 0 R What Federal Laws Exist To Protect Stalking Victims? 42 U.S.C. Section 3796 and 42 U.S.C. Section 14031 authorize grants for law enforcement agencies to develop programs to reduce stalking and for states to develop local, state, and national databases regarding stalking. 42 U.S.C. Section 14036 requires judges to ensure they review the stalker's criminal history prior to issuance of a civil court orders in stalking cases. /Annots [259 0 R 260 0 R 261 0 R 262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R] << endobj Equality Act 2010 The Equality Act 2010 ( c 15) is an Act of Parliament of the United Kingdom. Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. 38 0 obj /TT2 245 0 R 625 0 R 626 0 R 510 0 R 131 0 R 511 0 R 131 0 R 512 0 R 131 0 R 513 0 R 131 0 R << /TT1 245 0 R << /K 2 /S /P In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.[1]. /K 3 /K 1 /K 1 73 0 obj /Type /Page endobj /S /P endobj >> /Pg 31 0 R Monsey, NY: Criminal Justice Press. 115 0 obj /P 9 0 R << << /Parent 8 0 R /P 9 0 R /P 9 0 R /Pg 31 0 R /S /P endobj 189 0 obj /Pg 21 0 R TMC Academic Journal, 3(10), 48-62. /S /P /K [2 384 0 R 32 385 0 R 34 386 0 R 36 387 0 R 38] >> /CS0 [/ICCBased 241 0 R] /K 4 >> endobj /K 8 >> /K 17 2 [40] III. 149 0 obj /K 9 Under the Dormant Commerce Clause, a state or local law is unconstitutional when it imposes a burden on interstate commerce that is clearly excessive in relation to the putative local benefits. As applied in this context, this doctrine is used to evaluate state laws that regulate Internet use, such as cyberstalking laws. >> /P 9 0 R << 109 0 obj /S /P /Parent 6 0 R /Pg 31 0 R /K [27 453 0 R 48] endobj /K [3 468 0 R 38] endobj /P 9 0 R /K 5 << >> 183 0 obj /K 10 >> /P 9 0 R /P 9 0 R endobj 106 0 obj /Font << /CS1 [/ICCBased 242 0 R] 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to /CropBox [0.0 0.0 595.32 841.92] /Resources << /P 9 0 R << Nappinai, N, S. (2010). endobj /MediaBox [0.0 0.0 595.32 841.92] [24] (646.9 of the California Penal Code. /P 9 0 R 214 0 obj /P 9 0 R << /K 15 << /P 9 0 R 80 0 obj /Superscript /Span /CS0 [/ICCBased 241 0 R] /P 9 0 R endobj >> /S /P /Pg 15 0 R /P 9 0 R << << It further mandates that school administrators inform parents of bullying that occurs within the schools themselves. endobj /Pg 22 0 R In addition to imprisonment, the court may also order the alleged offender to pay a $250,000 fine. >> endobj >> 15 [144 0 R 146 0 R 147 0 R 148 0 R 149 0 R 150 0 R 151 0 R 152 0 R 153 0 R null /CropBox [0.0 0.0 595.32 841.92] /StructParents 18 61 0 R] /S /P >> Learn how and when to remove this template message, United States District Court for the Western District of Washington, "Cyberstalking, Cyberharassment and Cyberbullying Laws", "Current perspectives: the impact of cyberbullying on adolescent health", "CRIMES ACT 1900 - SECT 31 Documents containing threats", "CRIMES ACT 1900 - SECT 199 Threatening to destroy or damage property", "Government reveals further details on cyberbullying laws - Paul Fletcher MP", "Judge backs student's First Amendment rights", "Court: Cyberbullying Threats Are Not Protected Speech", https://blog.ericgoldman.org/archives/2016/06/north-carolina-state-supreme-court-strikes-down-cyberbullying-statute.htm, https://casetext.com/case/state-v-robert-bishop-2, "Cyberbullying and schools: where does a principal's authority end? 33 0 obj /Type /Page Prior to amendment, section related to stalking. endobj >> /K 4 28 0 obj 4 0 obj 55 0 obj /S /P endobj http://www.haltabuse.org/resources/laws/federal.shtml. /K [9 416 0 R 30 417 0 R] Tilburg University /CropBox [0.0 0.0 595.32 841.92] /K 24 /K 1 >> On this Wikipedia the language links are at the top of the page across from the article title. L. 115334, title XII, 12502(a)(1). >> >> /Parent 7 0 R 26 0 obj /MediaBox [0.0 0.0 595.32 841.92] /K [8 415 0 R 28] << << Web18 U.S. Code 2261A - Stalking. /TT2 244 0 R endobj >> /Pg 17 0 R /Rotate 0 111 0 obj << /S /Footnote /K 1 >> endobj endobj /Pg 29 0 R << /ColorSpace << >> /K 5 /S /P (2008). /K [2 581 0 R 4] /S /P << endobj /StructParents 1 /TT0 243 0 R /Font << uuid:d8c3b813-d862-4a2b-984b-af1190141099 /P 9 0 R /P 9 0 R International law emphasizes a supranational concept related to cybercrime. /ColorSpace << /Pg 28 0 R endobj /Pg 30 0 R /S /P North Carolina State Supreme Court Strikes Down Cyberbullying Statute. In this situation, legislators in Missouri, at the urging of the public and Meier's parents, passed "Megan's Law",[18][19] primarily aimed at the crime of a person over 21 years of age bullying a person under 18 years of age. >> endobj /K [0 389 0 R 23 390 0 R 25 391 0 R 27 392 0 R 29] 6-1-09; 96-328, eff. Volume 96 96 N.C. App. /P 9 0 R /Pg 30 0 R /Strikeout /Span /S /P 135 0 R 527 0 R 136 0 R] /Pg 21 0 R 165 0 obj 173 0 R 174 0 R 175 0 R 176 0 R 177 0 R 178 0 R 179 0 R 180 0 R 181 0 R 182 0 R 18 [164 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R 173 0 R 174 0 R /K 5 /K 1 endobj 44 0 obj /InlineShape /Figure /Resources << << /Rotate 0 endobj 2 0 obj << /Limits [32 63] [42] One of the oft-cited arguments against the bill comes from talk radio, with the concern expressed being that the law would be used to silence political opponents who use the airwaves to espouse divergent viewpoints. 69 470 0 R 70 471 0 R 71 472 0 R 72 621 0 R 73 482 0 R /K 11 << Hassalo Street, Portland, OR 97213-3644, United States. >> >> /K 18 >> << endobj (Source: P.A. /P 9 0 R endobj /K [0 359 0 R 20] /Pg 27 0 R << /P 9 0 R /CropBox [0.0 0.0 595.32 841.92] /P 9 0 R >> /ColorSpace << endobj stream /S /P 201 0 obj 173 0 obj /Font << << /XObject << /Pg 25 0 R /Pg 24 0 R >> /Resources << /S /P >> /Pg 25 0 R >> UNCTAD - Palais des Nations, 8-14, Av. << 100 0 obj 79 0 obj /K 1 /S /P endobj 41 0 obj /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] /Parent 3 0 R /Parent 8 0 R /Length 4275 << /CropBox [0.0 0.0 595.32 841.92] In a general sense, it would seem simple to legislate this type of behavior; slander and libel laws exist to tackle these situations. However, like the Megan Meier Cyberbullying Prevention Act, this bill also has its detractors. /Pg 24 0 R << << /Limits [64 115] /Pg 32 0 R /K [7 364 0 R 22 365 0 R 24] /S /P << /K [5 473 0 R 474 0 R 475 0 R] 76 0 R] /K [419 0 R 420 0 R 421 0 R 422 0 R 423 0 R] /Count 21 83 0 R 84 0 R 85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R /Pg 13 0 R << 211 0 obj 57 430 0 R 58 444 0 R 59 445 0 R 60 446 0 R 61 452 0 R << /S /Footnote /MediaBox [0.0 0.0 595.32 841.92] << /S /Footnote /S /P endobj /Pg 17 0 R /S /Footnote /Pg 19 0 R /P 9 0 R /Pg 32 0 R 166 0 obj /S /P /Pg 23 0 R /S /Footnote WebCyberstalking is the act of threatening, harassing, or annoying someone through multiple email messages, as through the Internet, especially with the intent of placing the recipient << /K 12 endobj << << << 170 0 obj /K 2 /Pg 28 0 R endobj /Pg 21 0 R 51 0 obj endobj L. 109162 amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results in substantial emotional distress to a person within the purview of the offense proscribed. >> /Pg 14 0 R << endobj /K [504 0 R 505 0 R 506 0 R 507 0 R 508 0 R 509 0 R] endobj Webcyber stalking as online harassment, which may include various digitally harassing 6 Heena Keswani, Cyber Stalking: A Critical Study, Bharati Law Review.131, 131-32 (2017). >> /S /P /S /P >> /TextBox /Art /P 9 0 R 128 0 obj /K [571 0 R 572 0 R 573 0 R] << >> This is the Convention on Cybercrime, signed by the Council of Europe in Budapest on November 23, 2001. /S /P /Parent 6 0 R >> /Pg 30 0 R [52], International law emphasizes a supranational concept related to cybercrime. 2020Pub. /P 9 0 R /Kids [219 0 R 220 0 R 221 0 R] /P 9 0 R endobj /StructParents 6 << /P 9 0 R /S /P /Font << /P 9 0 R endobj /TT0 243 0 R >> 2011-02-16T10:29:34+01:00 /Creator (Acrobat PDFMaker 9.1 for Word) /Pg 19 0 R /K 9 94 0 obj << An Empirical Study. endobj endobj << "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. /K 13 What are the Penalties for Cyberstalking? 433 0 R null 428 0 R 88 0 R 429 0 R 88 0 R 430 0 R 88 0 R] endobj >> << /P 9 0 R << 2. /P 9 0 R However, state laws vary in how they handle cyberstalking.Technology can quickly be put to use by stalkers; for endobj endobj 63 0 R 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R << /TT1 245 0 R It also mandates that schools develop policies to address the problem. /S /P A lot is at stake in a federal cyberstalking case, which is why you need aggressive defense on your side. endobj [8], The Australian government has proposed specific cyberbullying laws to protect children.[9]. >> /Parent 8 0 R /Pg 31 0 R /Rotate 0 Thus, something that may be deemed cyberbullying at first glance may, in fact, be more akin to something like parody or similar. /Contents 291 0 R /S /P >> >> /S /P | Cato @ Liberty", "Hate, Cyber-Bullying Bills Could Threaten Talk Radio |", "Bill Summary & Status - 111th Congress (2009 - 2010) - H.R.1966 - THOMAS (Library of Congress)", "Federal bill will help combat harassment and cyberbullying on college campuses", http://thomas.loc.gov/cgi-bin/bdquery/D?d112:2:./temp/~bd1uH9:@@@L&summ2=m&%7C/home/LegislativeData.php%7C, "Problematic 'Tyler Clementi Higher Education Anti-Harassment Act' Returns to Congress", "The Tyler Clementi Act and Threats to Free Speech", Missouri Revised Statutes, Chapter 565, Offenses Against the Person, Section 565.090; August 28, 2010, State Cyberstalking, Cyberharassment and Cyberbullying Laws, National Conference of State Legislatures, United States, State Cyberbullying Laws (United States), A brief review of state cyberbullying laws and policies, Megan Meier Foundation, https://en.wikipedia.org/w/index.php?title=Cyberstalking_legislation&oldid=1124406909, Articles with dead external links from August 2021, Articles with permanently dead external links, Articles with limited geographic scope from June 2015, Articles containing potentially dated statements from 2012, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License 3.0. 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