Cyber Stalking

""This paper presentation is about the potential understanding of the development of defamation, Cyber Defamation respectively. The paper will further assess the development of defamation (origin, meaning, types of defamation, elements and the aspect of innuendo) from traditional defamation to modern means that is Cyber Defamation (Part II). A Detail Discussion on Whether Defamation Differs from Cyber Defamation (Part III) and personal assessment will conclude the work (Part Iv).
The main questions in this presentation will be;
Why users of the Internet are more likely than ordinary citizens to be found publishing comments which are actionable as defamatory, and;
What problems (or, looking at it from the other side of the fence, opportunities) arise if those who are the victims of defamatory comments on the net attempt to seek compensation by taking legal action .
The answers to these two questions will influence at large extent as to whether defamation differs from the cyber defamation.
""

Today, Cybercrime has caused lot of damages to individuals, organizations and even the Government. Cybercrime detection methods and classification methods have came up with varying levels of success for preventing and protecting data from such attacks. Several laws and methods have been introduced in order to prevent cybercrime and the penalties are laid down to the criminals. However, the study shows that there are many countries facing this problem even today and United States of America is leading with maximum damage due to the cybercrimes over the years. According to the recent survey carried out it was noticed that year 2013 saw the monetary damage of nearly 781.84 million U.S. dollars. This paper describes about the common areas where cybercrime usually occurs and the different types of cybercrimes that are committed today. The paper also shows the studies made on email related crimes as email is the most common medium through which the cybercrimes occur. In addition, some of the case studies related to cybercrimes are also laid down.

The wide availability of the internet has brought massive changes in the ways by which
communication can be achieved and in many instances have replaced traditional methods of
correspondence. Increasingly popular is the use of social network sites which are one of the
many ways by which computer mediated communication can be achieved. The massive
growth of this sort of interaction has consequently attracted a large amount of media attention
particularly following incidents of criminal activity that came to light. The aim of this
dissertation is to explore the extent and nature of criminal activity of most popular social
networking site, Facebook, and to determine whether the risks and warnings highlighted in
the news and other media regarding the use of social network sites are justified. The main
approach adopted for this purpose is a combination of both qualitative and quantitative
collection.
The findings of this project indicate an increase in reporting offences which are in some way 
related to the social network site Facebook. The several factors which contribute to this 
increase, as well as the limitations of the data supplied by the police forces, illustrate the need 
to explore the nature of criminal activity which linked to the social network site. By doing so, 
it was found that more that 100 categories of crime were recorded by the police, in which 
Facebook was mentioned during the report. These offences varied significantly in severity 
and prevalence. 
This study has found that there is a definite need to enhance Facebook users’ awareness in
regards to the available security and privacy options the social network site provides. Many
of the offences reported to the police, could potentially be the result of individuals making
personal information available to online perpetrators who grasp the opportunity to commit an
offence. Although tackling online criminal activity is a challenging task, many of these
offences can be prevented, by enhancing the knowledge of individuals using the social
network as to the risks to which they may be exposing themselves in their extended public
self – presentation.

In today’s society, technology is a key influence in the ways we do business, interact with each other, date each other, etc. We have become more reliant on technology and it is a positive and negative influence on us all. With the increase in technology, comes the increase in cyber-crime. A small component of cyber-crime is cyber-stalking / harassment. They both consist of preying on an individual by means of electronically or technologically tracking and harassing a person or group. With this in mind, law enforcement has slowly progressed to proactively counter these threats, but they are not quite up to speed yet. In order for law enforcement to investigate and prosecute these cases, laws have to be enacted and training needs to be put in place. This research will hopefully describe the current outlook on cyber-bullying / harassment and what the law enforcement community has done so far to combat this threat.

As we all know that Cybercrime has been one of the common practices made by the computer expert. In this paper I have mentioned some of the impact of the cybercrime. Cybercrime is that activities made by the people for destroying organization network, stealing others valuable data, documents, hacking bank account and transferring money to their own and so on. My paper gives detailed information regarding cybercrime, its types, modes of cybercrime and security measures including prevention to deal effectively with cybercrime...Finally I will go for the research on the crime made by the misuse of cybercrime in some of the field and areas like in Financial crimes, Cyber pornography, Online gambling, Intellectual Property crimes, Forgery, Cyber Defamation, Cyber stalking, Email spoofing, Email bombing, Denial of Service attack, Salami attacks, Virus / worm attacks, Web jacking, Data diddling etc. and also try to find which type of cybercrime is most practice in the world and finally I will get the main objective of my term paper. Like this my term paper will be completed.

Cyberstalking is an important issue which causes significant distress but which has been difficult to find a means of regulating, particularly through formal criminal systems. Yet proper regulation of cyberstalking behaviour could have substantial impact upon the wellbeing of many victims – from child to adult. In this article, I suggest that a different from of regulation is required: one based upon a virtual, community-based concept of regulation. Such a concept offers a novel approach based on three elements fundamental to the
discussion of regulation of cyberstalking: (1) the differences between physical stalking and cyberstalking; (2) the character of a virtual community and the effects of social interactions; and (3) the scope of experience and reality. This formulation is based on an expansive view of regulation and ‘normativity’ of a virtual community. The author advocates the formation of codes of conduct based on the ‘rights and responsibilities’
discourse, termed here as ‘protocols,’ which reflect optimal sociological conceptions. The philosophical underpinning of protocols recognises the value of community, essentially the connection between individuals and their community. As such, these protocols will assist in the formation of private laws that are practical and acceptable within the virtual community. The aim of this concept of regulation is to ensure that cyberspace remains a lawful and socially useful space.

The stalker profile involves multiple descriptions, definitions and dimensions. With the advent of the information and communications technology, cyber stalking has gradually grown to become a serious concern for law enforcement and anyone engaged in online activities.

Stalking is a problem that many people especially women face in their real life.  Stalking refers to harassing or threatening behavior that an individual engages towards another person. The legal elements of stalking include a course of conduct like following, telephoning, sending emails, unsolicited virtual conduct, etc. Threat by the stalker and presence of mensrea are the requirements of stalking. The stalker also affects the immediate family or close members. Studies show that 80 percent of victims are “ordinary” people. When these problems occur on internet it is called as “cyberstalking”.  Stalker behavior has been grouped under four heads: simple obsessional, erotomanic, love obsessional and false victimization syndrome. The legal regime on cyberstalking are based on tort law and civil remedy of injunction under CPC (1908) and specific relief act, 1963. The criminal remedy is available under Offence Against Person Act, 1861, under section-153A, 268, 319-325, 349-351,354, 503-510 of IPC (1860), and under section-66A of IT act,2000. The researcher in this paper analyses the legislative provisions with regard to cyberstalking and criticizes the actual implementation and effectiveness of those legislative provisions. The researcher also attempts to make a suggestion for preventing stalking in the cyber world.                                                               
Keywords:
Cyberstalking
IPC
CPC
Section 66A of IT act
Effectiveness

Kriti Singh, having background in media and communication, opines that the menace of trolls seems to be here to stay, but the answer is to not take the bait, and, rather choose discourses and online acquaintances wisely, self-monitor the social media networks and digital conversations, using strong privacy settings, and ultimately using the very technology being misused.

This essay aims at uncovering relations of power underlying the use of Facebook for ‘Facebook stalking’, defined partially by Marwick’s 2012 case study. I then proceed to describe the event using linguistic ethnography, mainly based on Rampton and Zimmerman’s frameworks. I focus on the setting, Facebook, and the constraints associated with it, as well as the different potential participants and goals of the event. I elaborate on incentives to stalk, different cases of stalking and finally, my view and history of Facebook stalking and being stalked. I use Foucault’s Panopticon as the starting point of my analysis to define Facebook’s ‘regime of visibility’, I then analyse the information asymmetry created by stalking, the governmentality and scale-sensitivity associated with donating content and finally, stalking as a strategy of struggle with Facebook as an institution.

As a forensic psychologist with expertise in theoretical criminology and abnormal psychology, this writer has formulated a psychological, and criminological construct for the growing dimension known as cyberspace. This paradigm he has termed iPredator and children and adolescents who engage in cyber bullying of other children using information and communications technology (ICT.) Within this writer's paradigm of iPredator, a significant percentage of those cyber bullies who are conscious of the harm they cause a target child are included.

Cyberstalking is a special form of stalking and involves the use of information and communication technologies as the means and the medium of harassment or intimidation. Cyberstalking can lead to significant and long lasting psychological, economic or even physical effects, and can be a platform for the commission of violent crimes. In the last decade, cyberstalking has received significant attention from researchers, lawmakers, policy officials, and law enforcement agencies. Yet, although there is a significant body of literature on the topic, which recognizes cyberstalking as a very serious and growing problem and discusses various aspects of it, we believe that the phenomenon is not sufficiently examined, particularly considering the rapidly evolving technologies, which give perpetrators unprecedented capabilities. In this paper, in an interdisciplinary approach, we review relevant research and look into the criminalization of cyberstalking. Our paper extends existing knowledge of the phenomenon by analyzing a number of recent real cases, obtained mainly through an online legal research service, to reveal the nature of cyberstalking. We outline the most important aspects and issues raised by this phenomenon and make a number of recommendations as possible solutions to mitigating the risk, from education and awareness to adequate technology and legal response.

The first legislative response to stalking within Australia was introduced in Queensland in 1993. Since then each state and territory has implemented their own legislation in response to the crime, with several amendments and criticisms still occurring to this day. The current definition of stalking is ambiguous, as each state and territory provide alternate definitions within their legislation. Purcell, Pathé & Mullen (2000) define stalking as " the offence [with] 2 or more such intrusions that are intended to, or actually, render the recipient fearful ". The lack of clear definition has hindered Australia's ability to effectively measure, and therefore combat, the crime of stalking. Legislative language has also hindered effective policing of the offence, as much debate enforced continual legislation change over the definition of harm and intent (Urbas, 2000) .Whilst law enforcement and judicial powers struggle to effectively combat the offence, there is a need to critically analyse the flaws in data collection and the criminal justice responses that can be implemented in response to accurate data. Definition and criminalisation of the offence

Cyberstalking is practiced by Internet abusers to harass, victimize and to mock peers, teachers, co-workers, neighbors and others. While typically framed as an individual pursuit, we suggest that it can best be understood as a collective process, both as a result of internet users' reliance on platforms and third-party services, as well as their engagements with other internet users engaged in related data practices, including doxing. We discuss the Amy Boyer tragedy, a well-known case that led to changes in law designed to better protect individual privacy. Subsequently, the paper discusses the responsibility of data companies within the broad business dimension of Internet companies. Corporate Social Responsibility (CSR) is suggested as a model to follow. Ethical leaders are people who care about the greater good of their employees, organization, and society rather than their own self-interests.

iPredator: iPredator: iPredator: iPredator: A child, adult or group who engages in exploitation, abuse, victimization, stalking, theft or disparagement of others using information and communications technology (ICT.) iPredators are driven by deviant sexual fantasies, desires for power and control, retribution, religious fanaticism, political reprisal, psychiatric illness, perceptual distortions, peer acceptance or personal and financial gain. iPredators can be any age, either gender and not bound by socio-economic status or racial/national heritage. Whether the offender is a cyber bully, cyber stalker, cyber criminal, online sexual predator, Internet troll or cyber terrorist, they fall within the scope of iPredator.

O artigo problematiza a tipificação, por meio da Lei 14.132/2021, do delito de perseguição no art. 147-A do Código Penal brasileiro, perquirindo sobre sua adequação ao princípio da legalidade penal, bem como sobre a necessidade de ratificação, pelo Brasil, da Convenção de Budapeste. O texto encontra-se estruturado em duas seções
que correspondem aos seus objetivos específicos: a) inicialmente, aborda-se, sob uma perspectiva crítica, a tipificação do delito de perseguição no Código Penal brasileiro; b) na sequência, o texto analisa uma das formas mais comuns da prática desse delito – a
perseguição por meio de tecnologias da informação e comunicação ou cyberstalking –, destacando a importância da adesão, pelo Brasil, à Convenção de Budapeste para uma persecução mais eficiente e coordenada aos ciberdelitos.