098
Jason Tusk
By CIndy and Michael Lalonde
Cyberstalking Explained
(C) 2007 Ottawa Sun
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What is \"Cyberstalking?\"
Because cyberstalking is a form of stalking, it may be helpful to start
by defining \"stalking.\" While there have been a number of definitions
offered in the literature and laws, the common elements of the
definitions seem to be:
(1) repeated and unwanted behaviors whereby one individual attempts to
contact another individual, and
2) the behavior causes the victim to feel threatened or to feel some
sense of fear or dread.
Most definitions do not require explicit threats of harm or violence. Nor
is there any requirement that the stalker intends to cause the victim to
feel threatened (even though some laws do require intent for
criminalization of the behavior).
Consistent with the above, the term \"cyberstalking\" refers to situations
where someone pursues and repeatedly attempts to contact someone via the
Internet -- via E-mail, chat rooms, instant messaging, bulletin boards,
web-based discussion fora, IRC, and/or usenet groups -- and the pattern
of behavior results in the victim feeling threatened. Note that repeated
unwanted emails do not necessarily constitute \"cyberstalking,\" because
there is a difference between \"harassment\" and \"stalking.\" The generally
accepted standard is whether the communications are such that \"any
reasonable person\" would experience fear or dread.
As used here, cyberstalking and cyberharassment may also involve signing
the individual up for mail lists so that they receive objectionable
material or attempting to gain control of the victim\'s computer or
hardware (through \"cracking\" or transmission of trojans).
What distinguishes \"cyberstalking\" from \"cyberharassment\" are the
pursuit
and fear aspects: the cyberstalker follows the individual around the
Internet (e.g., signing up for mail lists that the individual is likely
to be on, reading and/or posting to usenet groups the individual
frequents, using web sites to research and obtain personal information
about the individual, etc.), sending email to the person or posting about
the person -- and as a result of that behavior, the individual
experiences fear or some sense of dread or threat.
Not all cyberharassers engage in cyberstalking. Similarly, not all
cyberstalkers may turn to offline harassment or stalking. Although the
traditional legal definitions of \"stalking\" generally incorporate some
threat of violence to the target or the target\'s family, instances of
cyberstalking where there has been no clear threat of violence but
evidence of \"real life\" harassment should also be treated seriously as we
currently have no data to help us predict whether a cyberstalker will
turn violent. All we can do is predict based on offline stalking patterns.