Aum Gung Ganapathaye Namah
Namo tassa bhagavato arahato samma-sambuddhassa
Homage to
The Blessed One, Accomplished and Fully Enlightened
In the name of Allah, Most Gracious,
Most Merciful
International Stalking and Cyberstalking
in
A
Collection of Articles, Notes and References
References
(Revised:
References Edited By
Notes of a Cyber Victim
Whats in a name? That which we call a rose
By any other name would smell as sweet.
- William Shakespeare
Copyright © 2002-2010 Notes
of a Cyber Victim
The following educational writings are STRICTLY for
academic research purposes ONLY.
Should NOT be used for commercial, political or any other
purposes.
(The following notes are
subject to update and revision)
For free distribution only.
You may
print copies of this work for free distribution.
You may re-format and
redistribute this work for use on computers and computer networks, provided
that you charge
no fees for
its distribution or use.
Otherwise, all rights
reserved.
8 "... Freely you
received, freely give.
- Matthew 10:8 :: New American
Standard Bible (NASB)
1
But mark this: There will be terrible times in the last days.
2
People will be lovers
of themselves, lovers of money, boastful, proud, abusive,
disobedient to their parents, ungrateful, unholy,
3
without love, unforgiving, slanderous, without self-control,
brutal, not lovers of the good,
4
treacherous, rash, conceited, lovers of pleasure
rather than lovers
of God
5
having a form
of godliness but denying its power. Have nothing to do with them.
6
They are the
kind who worm their way into homes and gain control over weak-willed women, who are loaded down with sins and are swayed by all kinds of evil desires,
7 always learning
but never able
to acknowledge the truth.
8
Just as Jannes and Jambres
opposed Moses, so also these men oppose the truth--men of depraved minds, who, as far as the faith is concerned, are rejected.
9
But they will
not get very far because, as in the case of those men, their folly will be clear to everyone.
- 2 Timothy 3:1-9 ::
New International Version (NIV)
The right to be left alone the most comprehensive of rights,
and the right most valued by a free people
- Justice Louis Brandeis, Olmstead
v.
15
I know thy works, that thou art neither cold nor hot: I would thou wert cold or
hot.
16
So then because thou
art lukewarm, and neither cold nor hot, I will spue
thee out of my mouth.
- Revelation 3:15-16 :: King James
Version (KJV)
6 As he saith also in another place, Thou art a priest for ever after the order of Melchisedec.
- Hebrews 5:6 :: King James Version
(KJV)
Therefore,
I say:
Know your enemy and know yourself;
in a hundred battles, you will never be defeated.
When you are ignorant of the enemy but know yourself,
your chances of winning or losing are equal.
If
ignorant both of your enemy and of yourself,
you
are sure to be defeated in every battle.
-- Sun Tzu, The
Art of War, c.
500bc
10 My son, if sinners entice thee, consent thou not.
- Proverbs
Contents
Color Code
Useful Links to Specific Stalking Websites
A Brief Word on Copyright
References
Additional Reference
Educational Copy of Some of the
References
Color
Code
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Color
Code Identification
Main
Title Color:
Pink
Sub
Title Color:
Rose
Minor
Title Color:
Gray 50%
Collected
Article Author Color:
Lime
Date
of Article Color:
Light
Collected Article Color: Sea Green
Collected
Sub-notes Color:
Indigo
Personal
Notes Color:
Black
Personal
Comments Color:
Brown
Personal
Sub-notes Color:
Blue - Gray
Collected
Article Highlight Color:
Collected
Article Highlight Color:
Lavender
Collected
Article Highlight Color:
Aqua
Collected
Article Highlight Color:
Pale Blue
Personal
Notes Highlight Color:
Gold
Personal
Notes Highlight Color:
Tan
HTML Color:
Blue
Vocabulary Color:
Violet
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Useful
Links
Specific
Stalking Websites
Self-Protection
& Crime/Threat Reporting
Stalking
News
Stalking: All the current Stalking news From around the world
CyberSleuths
Crime Awareness
Books
Clark,
Gary A. (November
2002) Without
Consent.
An
online book on cyberstalking
Movies
Swimfan (2002) On a woman who doesnt take a NO for an answer. Doesnt
accept rejection!
The Game (1997) A MUST-SEE movie for any stalking victim in modern times,
where advanced spy devices are being used. Under the disguise of a game, the movie brings out the
horrifying scenario of how the life of any man or woman can be manipulated
Any
stalker or group of predators using high tech spy devices, emission devices etc
can also re-create that game
in todays social environment
where your whole
life is hijacked
to be played with
You have only three choices left
If you are proud, then be a monk or nun and wander
a
wandering mendicant
at least the invisible Lord will be with you
Never turn back
never look back
nor return to the city or
town or village you left
always forward you go
Nyingmapa
monks
work individually in small village chapels and remote cave retreats. The
sect's most visible practitioner is the wandering ngakpa, a
long-haired adept who supports himself by dispensing occult services
(rainmaking, exorcism, divination).
(Reference: Men-Tsee-Khang
Online.)
Lets say life is a mirage, a maya, an illusion
The path of the Blessed One doesnt accept the voluntary
taking away of life. For it is very hard to get human life, according to the
scriptures
So why remove it? Instead, it will be better if you can walk away
from all human settlements (for it is their interference and your interaction
with them that caused all the agony) and retreat to a secluded cave, far, far
away, just to sit still
meditate
Brainwave Scanners/Programs: First program developed in 1994 by Dr. Donald York & Dr. Thomas Jensen.
Description: A personal scanning and tracking system involving the monitoring of an individuals EMF via remote means; eg. Satellite. The results are fed to thought activated computers that possess a complete brainwave vocabulary.
Purpose:
Practically, communication with stroke victims and brain-activated control of
modern jets are two applications. However, more often, it is used to mentally
rape a civilian target; their thoughts being referenced immediately and/or
recorded for future use.
Note:
In conjunction with Neurophone technology, this is a mechanism for remote
interrogation/torture via satellite.
This entire bracket of weapons was referred to by L.Brezhnev in 1978 when he told US President J.Carter that there should be a unilateral ban on certain secret weapons "more frightful than the mind of man has ever conceived". And clearly there are many others that we are yet to learn about; including advanced forms of infrasound weapons that can induce organ damage/illness from remote sources (esp.satellites).
What's needed includes the following:
1. A UN Satellite committee and non-lethal weapons inspectors.
2. An International Criminal Court prepared to handle class actions brought by the victims.
3. A growth in public awareness regarding the testing of experimental technologies.
Finally, it may also be worth
noting the comments of one senior investigator from NASA'S Inspector Generals
Office. Having conceded the existence of such technologies and commenting on
the evil uses to which they are put he advised: "I
suggest you pray".
(Reference:
Baird, Paul.
Satellite
Surveillance and Human Experimentation.)
"It used to be that you thought only the
state had the power and technology to do surveillance. But now that's democratized. It could be your neighbor, your relative."
(Reference: Kornblum, Janet. (
REMEMBER
as
soon as you see that someone is being overly persistent, you need to take the
matter seriously.
(Reference: Are you being stalked?)
http://www.stalkingvictims.com/stalked.htm
a
threat doesn't require words.
(Reference:
Stalking.)
Being
stalked is itself a warning. Any stalking
situation should be regarded as dangerous.
You
cannot reason with a stalker.
(Reference:
Dealing with Stalking.)
A Brief
Word on Copyright
Many of
the articles whose educational copies are given below are copyrighted by their
respective authors as well as the respective publishers. Some contain messages
of warning, as follows:
Republication
or redissemination of the contents of this screen are
expressly prohibited
without the written consent of so and so.
According
to the concept of fair use in US copyright Law,
The
reproduction, redistribution and/or exploitation of any materials and/or
content (data, text, images, marks or logos) for personal or commercial gain is
not permitted. Provided
the source is cited,
personal, educational
and non-commercial use (as defined by fair use in US copyright law) is permitted.
Moreover,
I
believe that satisfies the conditions for copyright and non-plagiarism.
References
Some of
the links may not be active due to various reasons, like removal of the
concerned information from the source database. So an educational copy is also
provided, along with the link.
If the
link is active, do cross-check/validate/confirm the educational copy of the
article provided along.
AP. (Monday, August 04, 2003) As cyberaffairs increase, spouses turn to online spying. Australia:
The Age.
http://www.theage.com.au/articles/2003/08/04/1059849312384.html
Asian School of Cyber Laws. (Monday, June 10, 2002) Man Convicted in US for Cyber Stalking. India: ASCL Cyber Law Newsletter.
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_03.htm
Associated Press. (Saturday, January 22, 2000) Police search home of man accused of stalking bomb victim. USA: Portsmouth Herald.
http://www.seacoastonline.com/2000news/1_22_sb1.htm
Cohen, Adam. Computer Related Articles: Internet Insecurity. USA: Time Magazine.
http://www.softrim.com/article.asp
Cyberlaw
Consultant. (Thursday, July 27, 2000)
Legislation to check cyber stalking needed urgently. India:
Indian Express Newspapers (Bombay) Ltd.
http://www.financialexpress.com/fe/daily/20000727/fco27021.html
Glenn Smith, Charlotte Houston, Marty Lawrence, Pamela Roberts, Jessica Laughren. Computers and Privacy.
http://www.ucalgary.ca/~dabrent/380/webproj/main.html
Gopika Vaidya-Kapoor. (Tuesday, February 18, 2003) Byte by Byte. India: Rediff.com India
Limited.
http://www.rediff.com/search/2003/feb/18crime.htm
Institute for Conflict Resolution, Stalking.
http://www.workconflicts.com/Stalking2.html
Jeffery, Nicole. (Tuesday,
October 14, 2003)
Swim coach accused of stalking. Australia: The Advertiser.
http://www.theadvertiser.news.com.au/common/story_page/0,5936,7553452%255E421,00.html
Julian
Boon and Lorraine Sheridan (Ed.) Stalking and psychosexual obsession. Wiley.
http://www.psychminded.co.uk/book%20reviews/0402/Stalking%20and%20psychosexual%20obsession.htm
Klein,
Matthew. (March
1998) Stalking Situations. American Demographics, Kaleidoscope.
http://www.geocities.com/CollegePark/Campus/5925/ad980311.htm
Lalitha Sridhar. (Sunday, November 17, 2002) Cyber Crimes and the Real World. India: Boloji.com.
http://www.indianest.com/wfs/wfs099.htm
Lee, Craig and Lynch, Patrick. Cyberstalking Is it Covered by Current Anti-Stalking Laws?
http://gsulaw.gsu.edu/lawand/papers/su98/cyberstalking/
McEver, Melissa. (Saturday, July 19, 2003)
Stalking not uncommon crime in Hill Country.
Texas, USA: Kerrville Daily Times.
http://dailytimes.com/story.lasso?wcd=6592
Martin, Richard. (September/October
2003)
Confronting Online Fraud. USA: Cisco Systems, Inc.: iQ Magazine.
http://business.cisco.com/prod/tree.taf%3Fasset_id=103848&MagID=103999&public_view=true&kbns=1.html
Orland,
Kevin. (Thursday, February 06, 2003)
Satellite stalking: Latest hi-tech crime. USA:
Associated Press.
http://www.sunherald.com/mld/sunherald/news/politics/5119494.htm
Shiel, Fergus. (Friday, September 20,
2002) Victoria set to make cyber
stalking a crime. Australia: The Age Company Ltd.
http://www.theage.com.au/articles/2002/09/19/1032054912514.html
Wormith, Dr. Steve. (January 2002)
Forensic Lab Notes: Women as Stalkers.
http://www.usask.ca/psychology/forensic/ForensicLabNotesJanuary2002.html
Are you being stalked?
http://www.stalkingvictims.com/stalked.htm
Canada's Criminal Law: Stalking.
Cyberstalking
http://www.stalkingvictims.com/whats/cyberstalking.htm
Dealing with Stalking.
http://www.fullpower.org/Articles/stalking.html
Gender and Electronic Privacy.
http://www.epic.org/privacy/gender/
Stalked in Cyberspace: Woman Tells Congress Horrors of Cyberstalking. (Sunday, December 17, 2000) USA: ABC News.com.
http://abcnews.go.com/sections/world/DailyNews/cyberstalking_990929.html
Stalking.
http://www.capsa.org/Violence/Stalking/index.html
Stalking 101
http://www.stalkingvictims.com/whats/stalking101.htm
Stalking
and bullying: the types of stalking
http://www.bullyonline.org/related/stalking.htm
Stalking In the Workplace.
http://www.esia.net/In_the_Work_Place.htm
Woman
Jailed For Stalking Priest. (Wednesday,
January 15, 2003) USA:
Catholic World News.
http://www.cwnews.com/Browse/2003/01/19720.htm
Additional Reference
Stalking References
http://in.geocities.com/anindianyogi/stalking.html
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Educational Copy of Some of the References
FOR EDUCATIONAL PURPOSES ONLY
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
AP. (Monday, August 04, 2003) As cyberaffairs increase, spouses turn to online spying. Australia:
The Age.
http://www.theage.com.au/articles/2003/08/04/1059849312384.html
As cyberaffairs increase, spouses turn to online spying
Suspicious husbands and wives who once might have hired a private eye to find out if their spouses were cheating are now using do-it-yourself technology to check on an increasingly popular hideaway for trysts - the internet.
Divorce lawyers and marriage counsellors say internet-abetted infidelity, romance originating in chat rooms and fuelled by emails, is now one of the leading factors in marital breakdowns.
With the surge in cyberaffairs, a new market for electronic spying has developed. Websites such as Chatcheaters.com and InfidelityCheck.org describe an array of surveillance products capable of tracking a cheating spouse's emails and online chats, including some that can monitor each key stroke in real time.
"The traditional detective hired to chase information is being replaced by software that's not terribly expensive but can give you 100 times the information," said John Mayoue, a prominent divorce lawyer from Atlanta.
"It used to be that when you wanted to prove adultery, you would prove it circumstantially," he said. "In the computer era, I can have something that is so graphic, so clear, there's not a whole lot of room for argument."
John LaSage, a Southern Californian, established the Chatcheaters website after his wife of 23 years left him and their two teenage daughters without forewarning in 1999 to join a man from New Zealand whom she had met online.
Chatcheaters - which offers advice, surveillance equipment and first-person stories of betrayal - averages 400 visitors a day, mostly women, LaSage said. His wares include $US450 ($A695) vehicle trackers and $US100 ($A155) computer-spying programs.
LaSage said he was devastated to discover, after his wife had left, that she had engaged in erotic email and chat room correspondence with several men.
"I tell people to be careful - you have to be prepared for what you're going to see," he said.
Sandra Morris, a San Diego lawyer who is president of the American Academy of Matrimonial Lawyers, said the spread of internet infidelity has raised some complicated issues about computer privacy.
"A spouse may have a misplaced sense of entitlement to spy," she said. "There are prohibitions against electronic eavesdropping, though a lot of people feel that when someone's cheating, all bets are off."
Mayoue said federal statutes outlawing interception of electronic communications can apply within a marriage.
"A spouse does have a right to privacy even from his or her own spouse," he said. "I've been on both sides of this - it's the most compelling evidence you'll have in a divorce case, but also the most fraught with potential liability."
A suspicious husband or wife may have no legal grounds for breaking into codeword-protected areas of a spouse's personal computer, but may be able to justify reading an email that was easily retrieved on a shared family computer, Mayoue said.
David Greenfield, a Connecticut psychologist and author of the book, Virtual Addiction, said many spouses who engage in cyberaffairs consider their online romances to be harmless.
"But the spouses of those who are cheating don't see it that way," Greenfield said. "It's often done on the same computer they both use at home. It's like having someone else in your own bedroom."
He said the convenience and seeming anonymity of the internet have attracted a new breed of adulterers, people who might have been too timid to make their first forays into infidelity face-to-face.
"Affairs have always existed," Greenfield said. "But the fact that you can connect with people all over the world with relative ease and no cost lowers that threshold."
A University of Florida researcher, Beatriz Mileham, studied internet infidelity as part of her doctoral dissertation, interviewing 76 men and 10 women who used popular chat rooms called Married and Flirting and Married But Flirting.
Most of the participants insisted they loved their spouses but sought a romantic encounter online because of boredom or their partner's disinterest in sex, Mileham found. She said 24 of the participants ended up having a real-life affair with at least one of the people they met online.
AP
(Reference: AP.
(Monday, August 04, 2003) As cyberaffairs increase, spouses turn to online spying. Australia: The Age.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Asian School of Cyber Laws. (Monday, June 10, 2002) Man Convicted in US for Cyber Stalking. India: ASCL Cyber Law Newsletter.
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_03.htm
Man
Convicted in US for Cyber Stalking
The
US had recently amended its stalking laws to include cyber stalking as a
punishable act. The new law has claimed its first stalker in Eric Bowker, 39, of Youngstown, USA. Mr. Bowker
was recently convicted by a jury of the crime of stalking a TV journalist. He
faces the possibility of 10 years in prison when U.S. District Judge John Manos
sentences him in about three months. The convicted person claimed that he was
infatuated with the television reporter.
This
is believed to be Ohio's (USA) first conviction under a federal stalking law
expanded to include the Internet.
The
law covers using the Internet to threaten a person with e-mail messages that
are vulgar and obsessive, stealing mail and interstate stalking. When it went
into effect in 1996, the federal law focused on a person who travels to stalk
someone.
Under
Indian law, cyber stalking is not specifically defined as an offence. However,
a person may be charged for criminal intimidation (section 506 of the Indian
Penal Code), outraging the modesty of a woman (section 509 of the Indian Penal
Code) and section 67 of the Information Technology Act, 2000.
(Reference: Asian School of Cyber Laws. (Monday,
June 10, 2002) Man
Convicted in US for Cyber Stalking. India: ASCL Cyber Law Newsletter.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Associated Press. (Saturday, January 22, 2000) Police search home of man accused of stalking bomb victim. USA: Portsmouth Herald.
http://www.seacoastonline.com/2000news/1_22_sb1.htm
Police search home of man accused of stalking bomb victim
By Associated Press
MEDFORD, Mass. (AP) - Police searched the home of a man accused of stalking a woman who was later killed by a package bomb, but the man denied involvement in the woman's death.
Steven Caruso, 44, of Medford, had not been identified as a suspect in the death of Sandra Berfield. Caruso is ``shocked'' by allegations of his involvement, said his attorney, Elliot Levine, on Friday.
Friends said Berfield
was so afraid of Caruso that she slept with a knife and installed a surveillance
camera at her Everett home.
Berfield may
have let her guard down on Thursday when she carried into her apartment a
package left on her doorstep. The bomb inside exploded, killing her.
Berfield,
32, obtained a civil restraining order
against Caruso in October 1998. In documents written in her own hand, she said
she believed he was responsible for the tires slashed on her car. She said he
had poured antifreeze in her gas tank. And she
accused him of stalking her at home and the restaurant where she worked.
``He was told that I wouldn't wait on him anymore ... because he was scaring me and making me uncomfortable,'' she wrote.
Caruso denied the allegations, according to court documents, chalking them up to Berfield's ``hysteria.'' He was ordered to stay away from her home as well as the Bickford's restaurant in Medford and Josie's Bar in Everett, where Berfield also worked.
``He was a patron where she
worked and he knew her for years and he never had a problem with her. Then, all
of a sudden, she made allegations against him,'' Levine said. ``He never asked her out, never was romantically interested
in her.''
Levine said the restraining order against Caruso wasn't the first that Berfield had taken out. Court records showed that Berfield had taken out another restraining order in 1993 against a boyfriend who was bothering her at Bickford's and at home, The Boston Globe reported.
Caruso was charged with malicious destruction of property in November for the damage to Berfield's car. He was ordered held for 60 days because authorities believed he was dangerous, but was then released on bail before his trial.
His bail was revoked, however, after Berfield said he was lurking outside Bickford's restaurant in violation of the restraining order. He was jailed until his trial, and was convicted in May of property destruction.
Caruso is appealing the conviction, Levine said.
He was sentenced to six months in jail, plus a year's probation, but was released in July.
Caruso was described as a computer wiz and handyman who was competent in electrical, mechanical, plumbing and woodworking jobs. He had studied photography at the New England School of Photography in Boston.
Barbara Freedman, a drama professor at Tufts University, said she had become close friends with Caruso after he did some handiwork for her.
``He is an enormously kind and gentle person who goes out of his way to help people,'' Freedman said. ``The charges of property damage against this woman's car were ridiculous and did not in any way fit his character or the circumstances.''
While not drawing a conclusion in
the case, Middlesex District Attorney Martha Coakley
said Berfield would have had more legal protections had she been
romantically involved with Caruso.
Criminal
restraining orders are reserved for people who are related to or dating their
alleged stalkers or assailants. Berfield never had a
relationship with Caruso, friends said, so the only restraining order available
to her was through the civil courts.
Civil
restraining orders are more difficult to come by. And those who violate them
aren't jailed as often as violators of criminal restraining orders, Coakley said.
Coakley would not say if anything was found during the search of Caruso's home.
Asked
whether the legal system failed Berfield, Coakley
said, ``She's on an autopsy table. I guess I'd have to say yes.''
After
Caruso's release from jail, Berfield was always
looking over her shoulder, friends said.
Daniel Menendez, the general manager at Bickford's, said Berfield would often go to the restaurant's windows to see if Caruso was there.
Berfield had reportedly installed a video camera in her apartment in an attempt to catch Caruso in front of her building after her car had been vandalized. Prosecutors would not confirm the report or say if there was any videotape evidence.
On Friday, officials made a preliminary identification of the victim as Berfield. Coakley said the autopsy was ongoing.
Friends and coworkers described Berfield as giving and kind.
At Bickford's, where she waited tables for 12 years, she befriended a homeless man and would buy him meals out of her tips on a regular basis, Menendez said.
Berfield lived alone. She had a 12-year-old daughter who died about three years ago from spina bifida. She was known to take part in fund-raisers to help fight the disease.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Cyberlaw
Consultant. (Thursday, July 27, 2000)
Legislation to check cyber stalking needed urgently. India:
Indian Express Newspapers (Bombay) Ltd.
http://www.financialexpress.com/fe/daily/20000727/fco27021.html
Legislation to check cyber stalking needed urgently
CYBERLAW CONSULTANT
--------------------------------------------------------------------------------
Cybercrime seems to have suddenly taken the fancy of many people and it has repeatedly been in the news. Even the Minister for Information Technology, Pramod Mahajan is talking about establishing an e-court for specifically trying Cyber crimes. And none too soon. Because as various cases pertaining to Cyber crime continue to emerge, the authorities are clearly baffled and at a lose end, for they are unsure about how to fight cyber crime. Take for instance, cyber stalking, the latest in the series, which has come to fore in India.
Recently, the Delhi Police arrested Manish Kathuria in India first case of cyber stalking. In the said case, Manish was stalking a person called Ritu Kohli on the Net by illegally chatting on the website www.mirc.com with the name of Ritu Kohli. Manish was regularly chatting under the identity of Ritu Kohli on the said Website, using obscene and obnoxious language, was distributing her residence telephone number and inviting chatter to chat with her on telephone.
Consequently Ritu Kohli was getting obscene calls from different chatters from various parts of India and abroad. Ritu Kohli reported the matter to the police and the Delhi Police swung into action. The police has registered a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.
But the case of Ritu Kohli raises the crucial issue as to what exactly is Cyber stalking? Cyber stalking is defined as unwarranted, threatening behavioral pattern or advances directed by one Internet user against another with the purpose of harassing the other user, by using the Internet as the medium. Cyber stalking is a relatively new phenomenon.
The Ritu
Kohli cyber stalking incident demonstrates how effectively people can use the Internet to harass
others by remaining anonymous and how they can create havoc with the life and
psyche of the victim.
In the case of Ritu Kohli, the accused admitted
his guilt and attributed revenge as the motive of committing the said crime.
However, the present case raises numerous Cyberlaw
issues. Do netizens have
any privacy in Cyberspace? Can their privacy be intruded upon by any person in
cyberspace? If any person intrudes upon another person privacy, what is the remedy?
In the present case, when somebody harasses another person for the purpose of
taking revenge, what should be the punishment?
Various countries have different laws relating to stalking and some states of the United States of America have cyber stalking legislation.
However, in India we do not have any specific legislation relating to cyber stalking. India's first cyberlaw namely The Information Technology Act, 2000 does not contain any thing relating to cyber stalking. Chapter XI of the IT Act, 2000 has stipulated various cyber crimes.
These include tampering with computer source documents, hacking with computer system, publishing of information which is obscene in electronic form, misrepresentation to or suppression of material facts from the Controller or the Certifying Authority for obtaining any licence or digital signature certificate, breach of confidentiality and privacy and publishing Digital Signature Certificate false in certain particulars or publication for fraudulent purpose.
However, a perusal of Chapter IX of IT Act, 2000 shows that cyber stalking is not covered within the same. Even section 509 of the Indian Penal Code only talks of word, gesture or act intended to insult the modesty of a woman. The perusal of the said section mandates that any word should be uttered or sound or gesture be made or any object be exhibited with the intention that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman. However, when one person chats on the Internet in the legal sense, he does nothing of the said things. The sad diagnosis: None of the conditions stipulated in section 509 of IPC cover cyber stalking.
The emergence of cyber stalking in India signals the important fact that the legislature has to take note of the newly emerging cyber crimes. The existing provisions of Indian Penal Code shall not be sufficient to secure convictions of cyber crimes. New legislation regulating cyber crimes specially cyber stalking is the need of the hour.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Institute
for Conflict Resolution, Stalking.
http://www.workconflicts.com/Stalking2.html
Stalking
Stalking is a very complicated issue. There are three distinct stalker profiles:
1. Erotomanic: A delusional state in which the stalkers believe they are loved by another, typically someone of higher status. This delusion is one of idealized love. The person is convinced that the object, usually of the opposite sex, fervently loves him/her, and would return that love if not for external circumstances.
2. Love
Obsessional: There
is no prior relationship between the suspect and the victim. "He/she would
love me if only given a chance !" A campaign is begun by the stalker to
make his existence known to the victim.
3. Simple Obsessional: There is some type of prior knowledge or relationship. Stalking begins:
(a) after the relationship had gone "sour" or
(b) there is a perception by the stalker of mistreatment.
The subject then begins a campaign either to rectify the schism or seeks some form of retribution.
Within each of the above types of stalkers, exist different victim/suspect profiles, motivations and directed patterns of harassment and/or threatening behavior.
The behavior or threats of the
stalker are never to be taken lightly. The prognosis is poor and the possibility of vandalism and violence is very real.
A. It is extremely important that sufficient time and resources be made available to the victim.
B. If we are to be successful in managing and intervening in stalking cases, an accurate assessment must be made as to the type of stalking profile involved.
Victim intervention encompasses three main considerations:
1. Education: Time should be spent to help the victim develop a perspective into her/his problem. The victim should be made aware of the many security options available to help ensure her/his safety both at work and at home.
2. Behavior Modifications: Changing of phone numbers, modifying social habits will help. If the stalker knows victim's residence, a change of address may be necessary. In some instances, job relocation is important.
3. Therapeutic: "You did nothing wrong to warrant what is happening to you!" Victim needs psychological support both from the institution and from law enforcement. Considerable anxiety and fear can be reduced in the process. Support groups are also helpful, including assistance in self-defense. The victim needs to develop a better self-image and feel empowered to become more assertive.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Julian
Boon and Lorraine Sheridan (Ed.) Stalking and psychosexual obsession. Wiley.
http://www.psychminded.co.uk/book%20reviews/0402/Stalking%20and%20psychosexual%20obsession.htm
the legal recognition of
stalking-systematic harassment and intimidation directed at one individual by
another-has only recently been recognised as a distinct form of criminality.
One of the important features of stalking as a crime is that its appearance sometimes presages even more serious criminal acts against the victim, including physical violence and murder.
little is known about the personality and background of the men and women who become stalkers.
Its very ubiquity in Western societies (we know little of stalking in other cultures) may owe something to the ease of communication between individuals that we prize today.
Preface
Stalking was labelled "the crime of the nineties". Even so, despite international media interest, surprisingly little research was conducted into the phenomenon until the late 1990s.
The media coverage of stalking meant that anecdotal and sensationalist accounts were far more prevalent than were systematic investigations. The words of one British victim, writing in 1996, neatly outlines the situation as it was then: "Stalking is one of the most serious crimes of the 1990s, but no one, apart from the victims, seem to realise it".
As we have moved into the 21st century, increased interest from the media, writers, the public, academics, clinicians and law enforcement agencies has led to the emergence of a more informed picture. Stalking is now rightly recognised as a significant social problem. Still, however, there are a number of areas in which any detailed information is extremely scant. One of the most fundamental unresolved issues associated with stalking concerns definition. That is, there exists no agreed definition of what the phenomenon actually constitutes, nor is it entirely clear who the stalkers or their victims are likely to be.
One thing all attempts at defining stalking must address is that it is an extraordinary type of crime. Often it may consist of no more than the targeted repetition of an ostensibly ordinary or routine behaviour. The major legislative difficulty is that the term "stalking" does not apply to a single action or actions which can easily be defined in legal terms and prohibited: rather, it embraces a multitude of activities. For example, stalkers can harass victims using illegal actions, such as making obscene phone calls or committing acts of violence. Frequently, though, stalkers do not overtly threaten, but use behaviour which is ostensibly routine and harmless, and not in itself illegal. Examples of this might include following somebody around a shop, or frequently driving past their house.
As far as the general public is
concerned, it may be that stalking is like great art: they
cannot define it, but know it when they see it.
define "stalking" activity as being composed of "a set of actions which, taken as a whole, amount to harassment or intimidation directed at one individual by another".
Reflecting these objectives, the chapters which follow have been contributed by international figures from a diverse range of backgrounds and expertise. Specifically, the range of issues that have been covered relate to differing facets of victimology, classificatory systems and stalkers, the role of stalker violence, the treatment of offenders, and the global legal context. These are complemented by chapters on aspects of stalking that have been covered less extensively to date, such as stalking from female and young populations, and cyberstalking.
Additional aspects are developed in Chapters 10-12. First, Paul Fitzgerald of Melbourne and Mary Seeman from Toronto discuss eroto-mania in women-from its history to its role in modern stalking cases involving female perpetrators.
Ann Burgess and Timothy Baker look at new developments in cyberstalking, with reference to case examples and advice to victims.
Collectively, the foregoing chapters represent a showcase of that which is currently internationally known about the phenomenon of stalking and psychosexual harassment.
presage
n
1: a
foreboding about what is about to happen
2: a
sign of something about to happen; "he looked for an omen before going
into battle" [syn: omen, portent, prognostic]
v
indicate
by signs; "These signs bode bad news" [syn:
bode, portend, auspicate, prognosticate, omen, betoken, foreshadow, augur,
foretell, prefigure, forecast, predict]
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Klein,
Matthew. (March
1998) Stalking Situations. American Demographics, Kaleidoscope.
http://www.geocities.com/CollegePark/Campus/5925/ad980311.htm
men are more likely to be stalked by strangers, and half of male victims' stalkers had an accomplice.
Of the people who have been victimized by stalkers, 75 percent say they had been spied on or followed,
Incidents of stalking usually end within one to two years, with most episodes lasting less than a year. But the emotional and social disruption caused by the crime can continue after that. One in three victims has sought psychological treatment, while one in five lost time from work and 7 percent never returned to work.
NIJ researchers defined the situation as "a course of conduct directed at a specific person that involves repeated physical or visual proximity, nonconsensual communication, or verbal, written, or implied threats sufficient to cause fear in a reasonable person."
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Lalitha Sridhar. (Sunday, November 17, 2002) Cyber Crimes and the Real World. India: Boloji.com.
http://www.indianest.com/wfs/wfs099.htm
But, as law enforcers are finding out, their effect on the real world is devastating; preventing and detecting cyber crimes is now being given priority.
At times, these assume the character of organized crime, involving accounting, management, administrative and political establishments. Even as law enforcers struggle to cope, other - and newer - violations loom large, the victims falling into an anonymous abyss.
Studies have shown that about 60 per cent of all websites are sexual in content. Twenty per cent of them solicited their visitors, 13 per cent went voluntarily and the rest were pictorially lured.
Cyber stalking happens when a person is followed and pursued online, privacy invaded, and every move watched.
In Mumbai, a 16-year-old-boy was kidnapped by a woman pedophile.
Cyber
victims could be using inappropriate language or displaying an excessive fear
of some places or things.
India is one of the few countries that has adopted the Information Technology Act, 2000.
But in what is widely acknowledged as a glaring lapse, it does not cover cyber stalking or child abuse. Unlike in a real world crime, a cyber crime is generally not preceded by a motive, the time zones can be different and a crime cannot be pinpointed to a particular hour. The crime could originate in one continent and target victims in another part of the world. Investigators find that data can be easily destroyed while clinching evidence is difficult to collect from voluminous weblogs, network and hard disk contents. Often, only strong circumstantial evidence is available.
"Finding a stalker is difficult, securing evidence even more so. The best defence is certainly prevention," Lalitha says.
Says Sundari
Nanda, Deputy Inspector General of the Indian Central
Bureau of Investigation's pioneering Cyber Crime Cell, set up in 2000:
"Cyber crime is simply a normal crime facilitated by information
technology. Most cutting edge law enforcement
functionaries are not tuned into this yet.
Says Nanda,
"Meaningful linkages and cooperation between agencies is vital to cyber
crime-solving. Cyberspace is an extension of the
human experience. Internet users have to be made aware that there is an
authority to complain to."
"Teenagers exult in an environment without strictures," continues Nanda, "They find their newly-found independence linked to a cyber identity. They find it exciting but they are extremely vulnerable."
Public
awareness, she says, is essential.
"Women, teenagers and
children have to be made wary of dating services and chat rooms for they are
especially risky. No one is required to share personal profiles and information
on 'public' spaces in the computer - hardly 10 to
15 per cent of the data sought is mandatory.
"Although
limited Internet penetration curtails the number of possible victims, connectivity is growing by the day in India and we
must have a strong defence in place. Our greatest challenge is to make users aware of their
rights. We need to evolve proactive measures to catch offenders - old ways
cannot work for new problems."
It took 38 years for radio to reach 50 million people. Television reached the same number in 13 years. The Internet did it in four. By the end of 2002, there are expected to be 800 million Internet subscribers in the world. NASSCOM predicts there will be 23 million Net users in India by 2003.
Cyber
crimes multiply, meanwhile, undetected and little-understood. When the victim
does not even understand what his/her rights are, when the law is unclear about
what precisely constitutes a crime, and when old infrastructure judges
constantly changing technologies, cyber criminals can remain virtually free of
both punishment and repentance.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
McEver, Melissa. (Saturday, July 19, 2003)
Stalking not uncommon crime in Hill Country.
Texas, USA: Kerrville Daily Times.
http://dailytimes.com/story.lasso?wcd=6592
Stalking not uncommon crime in Hill Country
By Melissa McEver
The Daily Times
Published July 19, 2003
Each year, more than a half-million women in the U.S. are victims of stalking. In the Hill Country, an average of four women report being stalked each month, according to a local agency that assists domestic violence victims.
However, many victims dont report stalkers, although the number of reports has increased as awareness has heightened, said Patsy Lackey, victims services coordinator for Hill Country Crisis Council.
The number of cases reported to the Kerrville Police Department in recent years has varied from as high as 10 cases in 2000 to only one case so far in 2003.
Only a few of those cases were prosecuted, said Criminal Investigations Lt. Joe Lanning.
By Texas law, it must be proven that the stalker has the intent or knowledge that his or her actions will instill a fear of death or injury.
Threats can be explicit or implied, and must occur on more than one occasion. The penalty for stalking, which is a class A misdemeanor, is a $4,000 fine or up to a year in jail. If the person has been previously convicted, the act becomes a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000, according to the Office of the Attorney General.
The state anti-stalking law was passed in 1997.
Stalking cases often go hand-in-hand with domestic violence cases, Lackey said. In most instances, the stalker is a former spouse or significant other. According to the National Institute of Justice, more than half of stalking cases involve intimate partners. Only 21 percent of perpetrators are strangers, the agency found.
Intimate partners who become stalkers usually have certain telltale characteristics, Lackey said. These qualities include a tendency to become easily jealous, obsessive, controlling, moody, arrogant and self-centered. They often have trouble taking no for an answer and tend to confuse fantasy and reality, she said.
Stalking, Lackey said, is all about control and intimidation ... These are usually the people who
become abusive.
Stalking behaviors include threatening phone
calls and letters, following a victim or driving by the victims home or office
or vandalizing the victims property.
The best way to handle a stalker, Lanning said, is to report every incident to the police. Filing reports will help the judicial system to get a clear picture of the problem and will allow for prosecution if warranted, he said.
Lackey suggested keeping a diary of stalking incidents and saving any evidence of the stalkers behavior phone bills, answering machine messages or mail, for example. This evidence will help the victim obtain a protective order against the stalker if necessary.
It takes a while to establish a pattern,
she said.
The burden of proof for establishing a pattern of stalking falls on the victim, which can put the victims life in danger at times, Lackey said.
However, she said, I think the stalking law is good at least we have one.
Times Staff Writer Gerard MacCrossan contributed to this report.
Melissa McEver may be reached at [email protected].
(Reference: McEver, Melissa. (Saturday, July 19, 2003)
Stalking not
uncommon crime in Hill Country. Texas, USA:
Kerrville Daily Times.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Martin, Richard. (September/October
2003)
Confronting Online Fraud. USA: Cisco Systems, Inc.: iQ Magazine.
http://business.cisco.com/prod/tree.taf%3Fasset_id=103848&MagID=103999&public_view=true&kbns=1.html
September/October 2003
Confronting Online
Fraud
Companies and
law-enforcement agencies worldwide work to eradicate old scams revived with new
technology.
By Richard Martin
Illustration by Jason
Howard Statts
Article Summary:
The technology changes
but the scams stay the same. While the Internet and networking advancements
improve the way in which global companies conduct business, they also present
opportunities for fraudulent groups and individuals around the world to revive
age-old schemes online. While the wait for international efforts by governments
to address online fraud, companies must protect themselves.
In 2001, two Russian men in Brooklyn, New York, offered a Mercedes-Benz in an online auction. The winning bidder, a North Carolina man, offered $68,000. The sellers asked him to fax a copy of the cashiers check, made out to them, as proof of his good faith, and promised to deliver the car to North Carolina. However, the Russians instead scanned the faxed check and forged new ones made out to various online precious-metals dealers.
They would order $68,000 worth
of Krugerrands, and the dealer would call the bank in
question to verify the check, recalls James Doyle, the New York Police Department
(NYPD) detective who investigated the case as the head of the departments cybercrime unit. He became involved when a postal carrier alerted
the NYPD after noticing the men were receiving large amounts of gold coins.
What do you think the bank said? The check is good, so the dealers would
ship $68,000 in gold coins to Brooklyn.
The NYPD raided the house and arrested the mena successful conclusion to one
of the many online fraud cases investigated by Doyle, now president of
consulting firm Internet Crimes.
The Krugerrand con was an elaborate, if
unsophisticated, example of the growing plague of online fraud, scams, and
theft that are slowing the development of e-commerce, costing businesses
millions of dollars a year, and vexing law-enforcement agencies worldwide.
Proliferation of Fraud
The Internet Fraud Complaint Center (IFCC), with
support of the National White Collar Crime
Center and the U.S. Federal Bureau of
Investigation, referred some 48,252 cases of online fraud in 2002, a
threefold increase over 2001. The $54 million in total losses from those
referred cases was triple those of the previous year. The IFCC collects
complaints worldwide; most come from the United States, but the 2002 totals
include complaints from Australia, Canada, Germany, Great Britain, and Japan.
Auction fraud is by far
the most prevalent form of online fraud reported, representing nearly half of
the IFCCs total cases. Other popular scams include nondelivery of merchandise or payment, and credit- or
debit-card fraud. The most expensive con? The notorious "419" scheme,
named for an article in the Nigerian penal code, in which the target receives
an e-mail requesting urgent help with a transaction and promising thousands of
dollars in fees in return for an up-front payment, often for bribes to be
paid to the Nigerian government. Despite its notoriety, this scam continues to
find victims, whose median losses total $3,864, according to the IFCC.
Most online fraud scams
affect consumers, but businesses suffer greater direct or indirect losses.
According to most experts, companies tend to vastly underreport online fraud
because it looks bad in the news headlines.
These kinds of losses are rarely
reported to the board of directors or to stockholders, says Edward Appel, chief operating officer of the Joint Council on Information Age Crime, a
nonprofit organization that works with law-enforcement agencies and
corporations to battle online fraud and computer intrusions.
Beyond monetary losses,
companies suffer damage to their reputations when scammers misuse a companys
name, logo, or Web site to commit fraud against consumers. Many financial
institutions have seen sophisticated criminals erect fake front-door Web
sites that are almost indistinguishable from a banks real Web page, on which
customers are asked to enter private information.
The costs of online fraud, in
terms of lost revenue, customer dissatisfaction, and even in slowing e-commerce
development, are literally incalculable, says Ira Winkler, chief security
strategist for HP. But these costs pale
when compared with the financial losses related to corporate fraud committed by
company insiders. Were talking about actual, major losses of money, much more
than is involved with online [consumer] fraud, Winkler asserts.
Many experts concur.
While companies focus on preventing well-publicized computer intrusions by
outsiders, employees are backing electronic trucks up to the virtual loading
docks and making off with millions.
Technology moves
faster than the law, and the private sector has an advantage over law
enforcement. One primary flaw is human beings: especially the ones who work for
us, says Appel.
Global Antifraud
Efforts
Both the European Union and the
United States have launched antionline-fraud initiatives. The White House released a report in
September 2002 entitled The National Strategy to Secure Cyberspace. Widely
viewed as toothless, according to Winkler, the plan focuses on recommendations
to prevent hacking but provides little guidance on preventing other types of
computer misuse, such as online fraud.
As online sales volume increases, so will the dollar value lost to online
fraud, according to a report from online payment-verification firm CyberSource Corp.,
which found that nearly 40% of online merchants plan to implement
payer-authentication systems methods of confirming that online purchasers
are the authorized credit-card holdersthis year. The upshot? Consumers will be
asked to provide more information before making purchases online. How this will
affect e-commerce is unclear.
In 2001, the Council of Europea
forum established in 1949 to uphold human rights and promote lawful democracy,
which now has more than 40 member statesapproved the Convention of Cybercrime, the first
international treaty governing computer fraud, Internet pornography, and
network intrusion. Five nations, including three Council of Europe members,
must ratify the nonbinding treaty before it goes into effect.
Unfortunately, the Cybercrime Convention has attracted as much controversy as
solutions to problems it tries to address. In particular, privacy advocates
have attacked the treaty, saying that Internet service providers will be forced
to act as law-enforcement surrogates, collecting and handing over to
authorities confidential information on their customers. The outcry over early
versions of the Convention of Cybercrime caused it to
go through more than two dozen drafts. As of July 2003, 37 nations had signed
the convention, but only 3 had ratified it.
Other efforts have fared better.
The European Working
Party on Information Technology Crime, a coalition of multiple
law-enforcement bodies, was formed in 1990 and meets three times annually. To
date, the Working Party has developed a computer-crime manual for
investigators, presented various training courses for law-enforcement agencies,
and developed a rapid information-exchange system that includes an
international 24-hour response system for high-tech crimes.
The G8 Subgroup on
High-Tech Crime, meanwhile, has released a raft of documents on online fraud
and network vulnerabilities and has developed its own International
Organization on Computer Evidence, an effort to create an international forum
for law-enforcement agencies to exchange information concerning computer
investigation and computer forensic issues.
Business Protection
For small and medium-sized
companies looking to combat online fraud, the first step is to use common
sense, advises Erik Laykin, president of OnlineSecurity,
an Internet investigation firm. There are very few new frauds, Laykin
points outonly the technology is new.
Even in todays world
of high technology and electronics, most scams come down to human interaction,
says Laykin. It could be an unsolicited phone call
or an e-mail from someone who knows exactly what to say to exploit your
vulnerabilities or some other type of social engineering. Or it may be a more
complex conspiracy of individuals or organizations looking to defraud people.
While international efforts
proceed slowly to unify the myriad national legal systems involved, businesses
must take steps to protect themselves. Establishing an executive-level director
of corporate security is crucial for any company, regardless of size. Its like
battling terrorism, according to Ron Moritz, senior vice president and chief
security strategist at Computer Associates
International.
You really cant do homeland security or
business security without bringing the functions of physical and electronic
protection and business continuity under a single directorate, says Moritz.
Its what the federal government is doing, and its what progressive
corporations have done.
Then, its a matter of
taking concrete and verifiable steps: compartmentalizing online databases so
that few individuals have access to the range of corporate data; using
Internet-trolling or spidering technology to search
out misuse of corporate names or logos; communicating with customers only in
secure settings and keeping them informed of threats and preventive measures;
and, most important, viewing good security and fraud prevention as a
competitive advantage.
The key is to make
security a strategic marketing principle in everything you do, says Appel. A lot of companies dont get that. Theyre afraid
that their main customer base doesnt really care. People do care, and if
youre going that extra step, theyll choose you over another vendor.
Ultimately, the market
will force companies to pay more attention to online fraud. The question is,
How long will it take?
iQ Magazine,
September/October 2003
About the Author
Boulder, Coloradobased
Richard Martin has written for Wired, The Atlantic Monthly, The Asian Wall Street
Journal, Business 2.0,
and many other publications.
(Reference:
Martin, Richard.
(September/October 2003) Confronting Online Fraud. USA: Cisco Systems, Inc.: iQ Magazine.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Orland,
Kevin. (Thursday, February 06, 2003)
Satellite stalking: Latest hi-tech crime. USA:
Associated Press.
http://www.sunherald.com/mld/sunherald/news/politics/5119494.htm
Posted on Thu, Feb. 06, 2003
Satellite stalking: Latest hi-tech crime
KEVIN ORLAND
Associated Press
MILWAUKEE - Connie Adams found it impossible to escape her ex-boyfriend.
He would follow her as she drove to work or ran errands. He would inexplicably pull up next to her at stoplights and once tried to run her off the highway, authorities said.
When he showed up at a bar she was visiting for the first time, on a date, Adams began to suspect Paul Seidler wasn't operating on instinct alone.
"He told me no matter where I went or what I did, he would know where I was," Adams testified at a recent court hearing.
Kenosha police said Seidler had installed a
satellite tracking device in her car that allowed him to pinpoint her every
move.
Police say Adams' case and
several others across the country herald an incipient danger: high-tech stalking. The advent of global positioning
technology has made such devices readily available to the public, but more
people are abusing it.
"As technology advances, it's going to be almost impossible for victims to flee and get to safety," said Cindy Southworth, director of technology at the National Network to End Domestic Violence in Washington.
Police say Seidler
put a global positioning tracking device between
the radiator and grill of Adams' car. Such gadgets use a constellation of
satellites to pinpoint location and can send their coordinates to cell phones
or computers.
Trucking companies use GPS systems to track hazardous cargo and monitor drivers. Corrections authorities use them to monitor sex offenders. Hikers, boaters and motorists use GPS devices to keep from getting lost. The technology is also being built into cell phones to help emergency dispatchers find 911 callers. They're also being used to prevent car theft.
In the Adams case, Seidler pleaded innocent last month to felony counts of stalking, recklessly endangering safety, burglary and a misdemeanor count of disorderly conduct. His trial is pending.
Southworth trains victims advocates, law enforcement and prosecutors on stalkers' use of the technology, which she says is only just beginning to be abused.
The Stalking Resource Center at the National Center for Victims of Crime has found at least one other case of a GPS system being used to stalk a victim.
In it, a Colorado appeals court in July upheld Robert Sullivan's conviction for stalking his ex-wife and installing a GPS device in her car to track her movements.
GPS is not the first technology to be misused by stalkers, who have also employed the Internet, microchip-sized cameras and even caller identification, said Southworth, though it is the most dangerous to date.
Just as she once taught victims how to block caller ID when they use the phone, Southworth now suggests victims occasionally check under the hood of their car.
Tracy Bahm, the Stalking Resource Center's director, said some states are working to update their stalking statutes to include the high-tech variety.
The center typically advises states to keep their statutes broad enough to include technologies that don't yet exist.
"As society and technology evolve, stalkers will always find new ways to harass their victims," Bahm said.
ON THE NET
Stalking Resource Center: http://www.ncvc.org/src
National Network to End Domestic Violence: http://www.nnedv.org
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Wormith, Dr. Steve. (January 2002)
Forensic Lab Notes: Women as Stalkers.
http://www.usask.ca/psychology/forensic/ForensicLabNotesJanuary2002.html
A
recent article of female stalkers has attracted attention in the popular media
and professional publications. Stalking is one of the increasingly varied
topics of interest to and being researched by members (i.e., S.C.) of the
Forensic Research Lab.
Dont
Underestimate Dangerousness Of Female Stalkers, Study Urges
Joan Arehart-Treichel. Psychiatric News, February 1, 2002,
Volume 37 Number 3, p. 22. American Psychiatric Association.
Although
men are more notorious for stalking than are women, women stalkers can be just as dangerous. There are far fewer female stalkers than male
onesonly 12 percent to 13 percent of all stalkers, by some counts. But how do
female stalkers compare with their male counterparts? Are they just as predatory and dangerous?
The answer is yes, according to three
authoritiesPaul Mullen, M.D., a professor of forensic psychiatry at Monash University in Clayton, Victoria, Australia, and
Rosemary Purcell and Michele Pathe, also of Monash University (Psychiatric News, June 15, 2001). They
reported their results in the December American Journal of Psychiatry. (see
Abstract below)
Mullen
and his coworkers decided to obtain subjects for their study from a community
forensic mental health clinic that specializes in the assessment and management of both
stalkers and the stalked. Referrals to the clinic come mostly through the courts, community
correctional services, the police, and medical practitioners.
Mullen
and his colleagues defined stalking for the purpose of their study as persistent (duration of at least four weeks)
and repeated (10 or more) attempts to intrude on or communicate with a victim
who perceived the behavior as unwelcome and fear provoking. This was an
intentionally conservative definition.
Mullen
and his team selected 190 stalkers from the clinic who met their definition150
males and 40 females. They then gathered demographic, psychiatric, and
stalking-behavior information for the subjects and compared it on the basis of
gender.
The
male and female stalkers did not differ in terms of age, the researchers found;
the mean age for both was 37 or 38 years. Nor did the two groups of stalkers
differ in marital status, employment status, or diagnostic profilesmany in
both groups had delusional
disorders, personality disorders, morbid infatuations, and so forth. (Male and female stalkers also tended to use
similar methods of harassment, except that female stalkers favored the phone, and male stalkers physical pursuit.)
Contrary to popular assumption, the female stalkers were no less likely
than their male counterparts to threaten their victims or to attack their
person or property. For instance, one
female stalker damaged the sports car of her victim, her former fiancι. Another
painted obscene messages on the fence of her victims home. Nine of the 40
female stalkers assaulted their victims, and the nature of the assaults did not
differ much from that of the male stalkers, except that the women did not commit any sexual
assaults.
"There is no reason to presume that the impact of being stalked by
a female would be any less devastating than that of a man," Mullen and his coworkers wrote in their
report.
In
contrast, the investigators discovered, there were some differences between the
male and female stalkersfor one, choice of victim. With only two exceptions,
the female stalkers focused on those with whom they had professional contact,
especially psychiatrists, psychologists, and family physicians, although
teachers and legal professionals were occasional targets. Male stalkers, in
contrast, pursued a broad range of victimsnot just professionals, but prior
intimate partners, acquaintances, or strangers. Moreover, whereas female
stalkers were just as likely to pursue women as men, male stalkers were more
inclined to pursue women.
Finally,
both the females and males engaged in stalking because they felt rebuffed, wanted to take revenge,
or thought that stalking would help them get a date. But significantly more female stalkers wanted to
establish an intimate, loving relationship with the person they pursued.
Abstract
A
Study of Women Who Stalk.
Rosemary
Purcell, Michele Pathι, and Paul E. Mullen.
American
Journal of Psychiatry 2001, 158, 2056-2060, December.
OBJECTIVE:
The authors examined whether female stalkers differ from their male
counterparts in psychopathology, motivation, behavior, and propensity for
violence.
METHOD:
Female (N=40) and male (N=150) stalkers referred to a forensic mental health
clinic were compared.
RESULTS:
In this cohort, female stalkers were outnumbered by male stalkers by
approximately four to one. The demographic characteristics of the groups did
not differ, although more male stalkers reported a history of criminal
offenses. Higher rates of substance abuse were also noted among the male
stalkers, but the psychiatric status of the groups did not otherwise differ.
The
duration of stalking and the frequency of associated violence were equivalent
between groups. The nature of the prior relationship with the victim differed,
with female stalkers more likely to target professional contacts and less
likely to harass strangers. Female stalkers were also more likely than male stalkers
to pursue victims of the same gender. The majority of female stalkers were
motivated by the desire to establish intimacy with their victim, whereas men
showed a broader range of motivations.
CONCLUSIONS:
Female and male stalkers vary according to the motivation for their pursuit and
their choice of victim. A female January 31, 2002 stalker typically seeks to
attain a close intimacy with her victim, who usually is someone previously
known and frequently is a person cast in the professional role of helper. While the contexts for stalking may differ
by gender, the intrusiveness of the behaviors and
potential for harm does not.
(Reference: Wormith, Dr. Steve. (January 2002) Forensic
Lab Notes: Women as Stalkers.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Are you being stalked?
http://www.stalkingvictims.com/stalked.htm
Are you being stalked? Most
states define stalking as the willful, malicious and repeated following and
harassing of another person. But in addition to a
pattern of conduct, many mandate that an
imminent, credible threat of violence be made
against the victim for the activity to be
considered stalking.
Regardless of legal definitions, as soon as you see that someone is being overly
persistent, you need to take the matter seriously. Although your pursuer
may never resort to violence, the unwanted
attention will most likely cause you discomfort
and unpleasantness at the very least. So, whether youre dealing with a former lover, a
colleague, or a stranger, you need to play it safe and protect yourself,
your family, your home and your workplace. For even
once the legal and law enforcement systems have caught on and caught up,
individuals will still be the ones best able to
protect themselves.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Canada's Criminal Law: Stalking.
Canada's Criminal Law: Stalking
The following is legal information only, not legal advice. If you have a real stalking situation, you are advised to
see a lawyer or the police without delay.
Stalking is a crime which Canadian criminal law calls criminal harassment. It is clearly defined at section 264 of Canada's Criminal
Code. The Code states that no person shall, without lawful authority and knowing
that another person is harassed (or recklessly as to whether the other person
is harassed):
The punishment for stalking can be as high as a five year jail term.
This new section of the Criminal Code, passed in 1993, makes it much easier for the police to charge a stalker. The Code did contain other sections that were helpful in blatant cases of stalking but they were ineffective against the more passive but just as frightening forms of stalking. For example, the Code prohibits trespassing on another's property at night, uttering threats, indecent or harassing phone calls, intimidation and mischief to another person's property. Under the Criminal Code, you can also get a restraining order or a peace bond against a person, measures which might, in certain circumstances, be preferable in some cases of aggressive or predatory stalking.
The new law now protects you even if the conduct
of the stalker is not done with the intent to scare you. It is enough if it
does scare you.
Actions that might be acceptable in a normal, loving relationship could become criminal harassment when one of the persons wants the relationship to end and the other does not. For example, in these circumstances, giving someone roses could, in some cases, be considered to be stalking as could repeated visits, telephone calls or waiting for the victim after work.
Everybody has a right to end a relationship. A former spouse or partner should stop communicating with you if you have told them that their attention is not welcome. If they persist, section 264 is there to help.
One of the key parts of section 264 of the Criminal
Code is the requirement that when the
conduct being complained of is "following" or
"communicating", it has to be "repeated." There is
no set rule on this. It can mean persistent or
frequent behaviour but the "following" or
"communicating" has to happen more then once for it to constitute
criminal harassment.
But if the conduct is watching, prowling or "besetting" a place where you are visiting, live or work, or if there has been threatening conduct, one incident would suffice in getting a conviction under section 264.
In all cases, the conduct must be such that apprehension or "fear for their safety" is "reasonable." This means having a fear for which there is a reason; not a fear based on exaggeration of the situation or on imagined problems.
The law also excuses those that have "lawful authority" from being convicted under this section. One example of this has been given as the private investigator that has been hired to check into an insurance claim that you have filed.
Some cases which have gone to court under section 264 include:
If you are being harassed, we suggest you talk to the police, a lawyer or a victim services agency. Any of the above should be able to counsel you on your best course of action. You may be advised, for example, to stay away from your home for a short period of time. You should certainly keep a diary of the harassing behaviour in case your memory should later fail in court. If calls are coming in, get a tracing device connected through your telephone company. If you have a restraining order or peace bond, carry it with you at all times.
If you are being stalked, call the police. If you know that the suspect carries or owns weapons, this is important information for the police.
The section has been challenged under sections 2(b) and 7 of the Charter of Rights and Freedoms and, in R. v. Sillip (1995) Canadian Criminal cases, page 394, was found to be compatible with the Charter.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Cyberstalking
http://www.stalkingvictims.com/whats/cyberstalking.htm
Online vendettas can also stem from downright impersonal contact. The beliefs you express online can make you a target if someone disagrees with you. Even the way you express them especially if youre new to the online rules of the road can inadvertently offend or trigger someone. An obvious lack of cyber-smarts can make you a target, the same way a real-life stalker will target the easy mark.
To avoid being targeted, learn netiquette, the rules and regs of online behavior. With that under your belt, follow these tips:
In the end, the responsibility to protect yourself electronically
begins and ends with you. Unfortunately, however, even following every
possible precaution may not be enough to protect you completely, due to the Internets almost total lack of regulation. So user, go carefully into that dark Net.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Dealing with Stalking.
http://www.fullpower.org/Articles/stalking.html
Dealing
with Stalking
In recent months we have had several queries about stalking. People have a sense that they can do something, but aren't sure what it is. Here, we have attempted to give some solid, basic ideas. It is vital that anyone concerned with this subject read Gavin de Becker's book, "The Gift of Fear." (order through our recommended books page.)
Police
forces vary widely in their understanding of stalking and their ability to help
protect an individual. This is rapidly improving in many areas. But, no matter how understanding they are, they can't put
anyone under a 24-hour guard. The ultimate
protection is what each individual can do for themselves.
FEEL FREE
TO PASS THIS ON TO ANY FRIEND
WHO
YOU THINK MIGHT NEED THE INFORMATION.
IF
YOU ARE BEING STALKED
If
you are ever stalked, it's not your fault. You
are not responsible for what he is thinking, feeling or doing. You may feel
powerless, confused and isolated. Being stalked can
take over your life. It can control your
actions and take away your enjoyment of each day. It is vital to know
that there is much you can do to greatly increase your safety. Break out of any
isolation. Get support. Deny him privacy and
control. You can combat this.
WHO
STALKS?
As with other types of predators, most stalkers are acquaintances. Many stalkers were previously in a close relationship with the target and will not let go. Others are neighbors, a friend of a friend, clients, and so on. A relentless pursuer can be thought of as "romantic" and many old stories and songs revolve around this theme. However, be aware that a man who persistently calls and follows you after you have told him to stop is dangerous. He can't give up the power and control. Many inflate some slight contact into a full-blown romance. A minority of stalkers is completely unknown to the target and make up the connection entirely. Some stalkers are not motivated by any of these twisted variations on human relationship, but rather are simply motivated by revenge. This type includes the person angry with some politician and the disgruntled ex-employee targeting his boss and other workers.
WHAT
TO DO IF YOU ARE BEING STALKED
As with any form of potential violence, an important first step is to cut through the denial. Do not deny this could be happening to you at all, or deny this person, who you thought you knew so well, could do something so horrible. A common form of denial is the idea that the stalker is harmless and his activity is just a minor irritation. If you are in a stalking situation, he is not harmless, but neither are you powerless. There are many steps you can take to increase your safety.
One of the most powerful protections against stalking is clear and direct boundary setting. If you know you are being stalked, or you think you might be, tell him once what you want, namely to go away and never contact you again. After that, sever contact completely. Do not speak to him on the phone or in person. Do not try to reason with him. Do not leave more messages on his phone telling him to stop phoning. Do not have large friends go over to "have a little chat". Any contact or communication, even if it is negative, keeps him attached. If you completely break contact, many stalkers will eventually give up.
Tell
everyone that you are being stalked - friends, family, co-workers, your
children's school, your regular grocery store - everyone. If possible,
give them all a photo of the stalker. This closes a possible avenue of
information or even physical access. Remember, most
predators are "nice" at first. It is far too easy for someone
like this to charm or trick your friends or
neighbors into giving them information. He may pretend to be a long-lost
friend, or a husband wanting to track down his children who he says you stole.
Deny him privacy and control. If you tell friends
and neighbors, you will have one more layer of protection.
Other
precautions you can take:
* Record
everything that
happens - every phone call, contact or incident. Even if it seems unimportant, write it down. Report it to police. Ask
for the file number and use it any time you
phone them. If you want or need to take
legal action later, having this report will help. You can file a report with the police without having them
do anything with it right away.
* In some communities a special personal alarm is available that connects you to your local police. Ask a police officer or transition house worker about this.
* If a stalker gets your home phone number, don't change it. Put a answering machine on that line and keep all messages. Make a note of times when someone hung up without speaking. Give these to the police also. Get a second number, unlisted, for yourself and friends.
* If you are receiving harassing phone calls, ask your phone company about the *57 call trace service.
* At work, have co-workers screen
all calls and visitors. Remove your name from the in/out board. Remove any personal information from your desk and
computer.
* Ask all friends, neighbors, co-workers and family to report any contact with the stalker. Record these instances. Give this information to the police.
* Ask trusted neighbors to help watch your home.
* Don't accept any packages unless you ordered something.
* Get
a cell-phone and keep it with you at all times. "With you"
means on your belt or in a pocket, not just in your car or a nearby room. That
also means when you are at home. He may cut your
phone lines. You want to be able to phone for help at any time of the
day or night. Be aware that cell-phone calls can be
listened to with a scanner. Digital phones are more secure.
* Press
*67 (or local variation) before you dial, which prevents your number going to
people with call display.
* Break your old routines and predictable patterns. Leave the house and come home at irregular times.
* Consider moving. Yes, it's completely unfair, but depending on the situation, you may need to consider this option for your safety.
* It is crucial that you take part in a powerful and effective self-defense course.
PROTECT
YOUR PRIVACY TO PREVENT STALKING
Protect your personal information. Your full name, phone number and home address are nobody's business except for trusted friends and family. Avoid putting this information on any public documents or official files. Get a mailbox. Instead of "Box No." put "Suite No." An address including "Suite No." looks like a home address. (Note for U.S. readers - unfortunately your postal regulations do not allow you this protection.) Don't put your first name. Use two initials. Why two? Because one initial too obviously indicates a woman. Using two initials is more commonly a male practice.
Send
change of address cards with your new Suite No. (P.O. Box) to all organizations
and individuals (except those few trusted friends and family members who
already know). Make sure no records anywhere have
your name and address on them. This means everything:
driving
license
doctor's office
car
registration
vet's office
magazine subscriptions
business cards
mail order companies
credit
cards
your children's school
utilities
sports activities
any stores you use that keep personal records (video, dry-cleaners, photo-shop, pharmacy)
and so on ..... everywhere
You may need to push in some
cases, but you can actually get your address
removed from public records. The police officer looking after your file
may be able to help. This may sound like over-reacting, even crazy, but these
really are just sensible precautions to take. These precautions will seem
trivial compared to the hassle you will endure if
you are stalked by a determined predator.
Protect your privacy when you are in public places too.
Just listen to other people when
you are at the counter in a video store, bank or supermarket. Most people
happily give their name, address and phone with several strangers within
hearing range. It is a simple and horrible fact
that picking up information like this is a common tactic of predators.
Never
discard anything with your personal information on it.
Burn
it or double-shred it. Dumpster/trash-can diving is another tactic used
by criminals to gain information. Assume your
trash-can is being viewed by the public.
DANGEROUS
MYTHS ABOUT STALKING
MYTH: It'll
be better for everyone if I let him down easy.
This is in fact, one of the worst
things you can do. Don't try to sugar-coat your "No." Don't agree to
see him "as a friend". You cannot reason
with a stalker. Any way you try to be kind and
soften the impact of what you are saying just invites him to stay.
If you say, "I don't want a relationship right now", he
thinks he just needs to wait.
If you say, "I'm in a relationship right now", he
thinks he just has to win you over, or perhaps that
he has someone to get out of the way.
If you say, "I need to be by myself", he translates that to thinking that you'll be happy when you realize
how much he loves you.
You must make a simple, blunt
statement with no explanations, time limits or
loopholes. Then sever contact - completely.
MYTH: A
Restraining Order will stop him.
Stalking victims are usually told
to get a restraining order. These are only of
limited usefulness. It can stop a
"mild" stalker, someone who is still fairly rational and who cares
about social or legal repercussions. However, about
two-thirds of orders are violated. Do not
make the mistake of thinking the predator will respond to a restraining order
the way you would. This legal enforcement
will do nothing to stop a stalker with a
high degree of investment in the situation. This type can include former
intimate partners, a more delusional stalker,
or one motivated by revenge. In some cases, the situation can even be worsened
by this legal tactic. It's too much like an insult to some men,
and can precipitate a violent situation.
If you are considering asking for
a restraining order, find out how they are enforced in your area. Is breaking
the order a misdemeanor (i.e. equivalent to littering or jaywalking), or is it
a felony (a serious criminal conviction)? What will police do if the order is
violated? If the stalker just gets a warning or a "slap on the
wrist," things have just become worse. He now
thinks he is invulnerable, and he can do whatever he likes with no consequence
to him. Talk to local domestic violence organizations and stalking
victim support groups. Find out from them also how orders are enforced in
practice. Put this information together with an
estimate of the level of investment of the
stalker and an estimate of the level of
danger involved. Make an informed decision about the best way to go in
your situation. In any case, far more powerful than
a restraining order is making sure he cannot
get to you, and making sure you can defend
yourself if he does.
MYTH: He
hasn't threatened me, so I'm not in any danger.
The
fact there has been no danger up until now does not mean it won't come.
It's true some stalkers may warn their targets with obviously threatening
statements such as, "We have to be together
forever." or "If I
can't have you, nobody can." However, even if
he hasn't made such an overtly dangerous statement, any words or behaviors that indicate an unwillingness to
let go of his obsession is a red flag to danger. Changing circumstances in the target's life or in the life of the
predator could precipitate violent behavior. One example would be if the target becomes engaged. This could trigger deadly
violence in the deluded creep who sees this as a betrayal of his imagined
relationship with the target.
Also, just
because he doesn't have a criminal record does not mean he is not dangerous.
Many infamous stalker/killers had committed no act
of criminal violence before the murders they are known for. A past
history of violence does indicate a higher possibility of future violence. The
absence of a violent history, on the other hand, means nothing every violent offender has to have a first time.
Law enforcement personnel are becoming more educated in assessing these risks. Being stalked is itself a warning. Any stalking situation should be regarded as dangerous.
SUMMARY
And lastly, read the excellent and important book "The Gift of Fear" by Gavin de Becker. This is simply a MUST for anyone who is the target of stalking.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Gender and Electronic Privacy.
http://www.epic.org/privacy/gender/
Technology can enhance individual
freedom through increased anonymity and privacy. However, the users of new technologies have employed them to
violate autonomy and human dignity of others. Individuals can use privacy invasive technologies and behaviors
against men or women in order to degrade or control.
"It's actually obsene [sic] what you can find out about people on the Internet."
--Liam Youens, the man who used an online information brokerage/pretexting agency to locate and kill Amy Boyer.
Pretexting is the practice of collecting information about a person using false pretenses. Typically, investigators pretext by calling family members or coworkers of the victim under the pretense of some official purpose. This can include calls made under the pretense that the victim is about to receive a sweepstakes award or insurance payment. The family members or coworkers called are deceived by the pretexter, and provide personal information on the victim.
Video Voyeurism, Up-skirt or Down-blouse Cameras, and "Girls Gone Wild"
The availability of inexpensive, high resolution cameras has fueled "video voyeurism," the practice of filming or photographing other persons in a privacy invasive fashion. Video voyeurism is a practice that can be used to degrade men or women, but it is treated here as a gender issue because nearly all high profile cases of video voyeurism involve the secret photography of women.
Much of this voyeurism is focused on fetish photographs images of women's underwear taken from cameras mounted to a voyeur's shoe, down-the-blouse photographs, photographs of feet, and alteration of images where the face of one person is digitally edited to appear on the naked body of another.
Video voyeurism is also known as "cyber-peeping," and individuals who engage in it sometimes treat it as a sport a competition to see how many fetish images can be captured. In recent years, hidden cameras have been discovered in bedrooms, bathrooms, public showers, changing rooms, locker rooms, and tanning salons.
X10 is a company that markets
tiny, high-resolution cameras. Much X10 advertising suggests that the cameras
can be used to photograph women. The marketing is
subtle, but certain aspects of the images--including pictures of women
where they are not making eye contact with the photographer and enticements of
"unexpected" images to be obtained--suggest that the cameras could be used without the consent or
knowledge of the person photographed..
Under traditional precepts of privacy law, individuals do not enjoy a "legitimate expectation of privacy" when they are in public places. Accordingly, practices that may be invasive such as leering, solicitation of sexual relations, and photographing of women in public places are legal in the United States. As Professor Anita Allen has observed, "In the near future, a woman sitting in a coffee shop in Paris may find that live video images of her are being Webcast all over the world, simply because someone equipped with a wearable computer thinks she's a 'babe."'
Additionally, video voyeurism is
difficult to address because of the concealability of modern cameras and the difficulty in
linking up-skirt or other fetish photographs to a particular individual.
Typically, video voyeurs must be caught in the act
of photographing body parts. Once the act is completed and the photographs are
placed on the web, it is not likely that victims will discover the photograph
or link their identity to a particular photograph.
A series of cases reported in the Orange County Register revealed disturbing video voyeurism behavior that could not be addressed by law in 1998. The Register reported one case where a man spent eleven hours at Disneyland taking "up-skirt" images of women. The man did this by sliding camera hidden in a large bag under the legs of women at the park.
Several states have passed legislation to address video voyeurism. However, most states lack specific protections, and existing legislation to address "peeping toms" focuses on the place where the photograph was taken, rather than the intent of the photographer. Existing peeping tom laws also were written well before miniature, wireless cameras were developed and marketed for surreptitious monitoring. Accordingly, most Americans do not enjoy protection from these new technologies, except when they are in their homes. To address video voyeurism, older "peeping tom" legislation will need to be updated to protect the privacy of the person rather than the privacy of the person while in the home.
In a recent Washington State
case, State v. Glas, officials successfully
prosecuted a video voyeur. In that case, a video voyeur who used a shoe camera
to take up-skirt pictures was arrested photographing women in a shopping mall.
In this case, the victims were employees of a clothing store. At trial, the
defendant voyeur argued that he could not have invaded the victims' privacy
because individuals do not enjoy an expectation of privacy in public or in the
workplace atmosphere of a mall clothing store. The court rejected this
argument, finding that the victim had a legitimate expectation of privacy while
in public. On review, however, the Washington Supreme Court reversed the trial
court's ruling. The Washington Supreme Court held that the state's law did not
prohibit taking up-skirt photographs. An attorney for the defendant noted that "the criminal law necessarily lags behind technology
and human ingenuity...Technology has advanced to the point where there are
pretty small video cameras that can be used to tape under a lady's
clothing."
In February 2002, Representative Michael Oxley (R-OH) introduced H.R. 3726, the Video Voyeurism Act of 2002. If passed, the bill would prohibit nude or up-skirt photography of any "any nonconsenting person, in circumstances in which that person has a reasonable expectation of privacy." The bill was referred to the House Judiciary Committee. A companion bill has been introduced in the Senate by Senator DeWine.
A related issue has arisen where women have been photographed in public in various states of dress. These photographs have been amassed into products marketed as "Girls Gone Wild" videos. The tapes, as the reviewer describes below, often are of young women who are intoxicated and coaxed into undressing in public.
Girls Gone Wild, a set of videotape films of women nude in public, is sold widely, including on mainstream web sites such as Amazon.com. One Amazon customer who bought the video commented:
"F-ing awesome!, June 30, 2000
[reviewer name and location redacted]
I bought this tape as soon as I saw the TV commercial. I have almost all of the GGW tape series. This one is my favorite. The flashing never stops. There are unbelieveable close ups, plus tons and tons of beautiful large breasted women between 19-25. The best is a scene about 10 mins long where these three blonde beauties are coaxed out of EVERYTHING! They are drunk out of their minds. AMX Video could sell that 10 mins as a video of its own. I bought the Deluxe version. I highly recommend it."
Videos of the "Girls Gone Wild" genre raise basic questions about the right to privacy in public places and issues involving knowledge and consent. Can there be consent when the subject is intoxicated? Does a person who exposes parts of his/her body in public consent to being videotaped? Does that consent extend to viewing by the crowd, or does it extend to all persons in the future who may purchase a video of the act?
A recent case brought by a Florida State University student illustrates how widespread an individual's likeness can be spread as a result of video voyeurism. The student brought suit against the company that films "Girls Gone Wild" alleging that she was secretly filmed while at a Mardi Gras festivities. Shortly after the Mardi Gras celebration, the student's friends reported seeing her on television ads for the Girls Gone Wild tapes. She also appeared on the cover of the video and on the Internet site associated with the video. Images of the student even appeared on billboards in Europe with the caption "American Girls."
Professor Andrew McClurg of the University of Arkansas School of Law argued
in a 1995 law review article that a new privacy tort, the tort of "public privacy," may address issues of video voyeurism and invasive
videotaping of persons in public. In assigning liability, a court using
the public privacy tort would evaluate a number of factors, including whether the defendant disseminated the information
collect to others, whether there was a news value to the information, and the
defendant's motive.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Stalked in Cyberspace: Woman Tells Congress Horrors of Cyberstalking. (Sunday, December 17, 2000) USA: ABC News.com.
http://abcnews.go.com/sections/world/DailyNews/cyberstalking_990929.html
It got so bad I had to see a psychotherapist to deal with my fears and paranoia,
- Jayne Hitchcock, a cyberstalking victim
Cyberstalking is something I wouldnt wish on anyone, she said. I felt like someone had broken into my house, touched all of my things, didnt take anything and left. I felt violated and scared for my life.
- Jayne Hitchcock, a cyberstalking victim
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Stalking.
http://www.capsa.org/Violence/Stalking/index.html
What is stalking?
Stalking involves one person's obsessive
behavior toward another person. The stalker's actions
may be motivated by an intense affection or an extreme dislike of the
victim. Stalking will usually take the form of
annoying, threatening or obscene phone calls or letters. The calls may
start with one or two a day but can quickly escalate. Stalkers
will conduct covert surveillance of the victim, following
ever move the target makes. Even the
victim's home may be staked out.
A stalker intentionally or knowingly engages in a course of conduct directed at a specific person which would cause a reasonable person to fear bodily injury to self or immediate family member or to suffer emotional distress to self or family member of immediate family. Course of conduct = two or more occasions of maintaining visual or physical proximity to a person or conveying verbal or written threats or threats implied by conduct or any combination thereof directed at or toward a person.
Types of Conduct by Stalkers
Who can be stalked?
It can happen to anyone. Stalking does
not stay contained to just the immediate target (victim). The problems can
extend to other family members and third parties. A
victim can be stalked for several days, weeks, or even years.
A statistically small, but visible, number of stalking victims are
celebrities. Victims can be casual acquaintances or random targets of a
stalker. Through constant harassment, stalkers have
succeeded in making themselves the focal point in the victim's life. For the victim, life can become a nightmare as the person
becomes a prisoner in his or her own home.
The majority of stalking takes place between people who have known each other intimately. Domestic violence stalkers, as a category, constitute the most dangerous and potentially lethal group of stalkers. Abusers often feel that their victims belong to them, are theirs to control or punish for trying to leave. These abusers often rationalize their inappropriate behavior by blaming the victim. Leaving an abusive relationship requires care in planning and execution. Personnel at CAPSA can be of tremendous help in working out the details. If you are a victim, remember that you do not deserve to be stalked or battered in a relationship.
What to do
If you are a victim
i. "Caller ID"
ii. "Call Trace" -- Available on a pay-per-use basis. Lift the receiver and press *57 or dial 1157 on a rotary phone immediately after hanging up from the call. The number will be recorded by US West and law enforcement action can be taken after the same number is traced three times. You will not be given the name or number of the caller.
iii. "Last Call Return" -- Available on a pay-per-use basis. Dial *69, and you will receive the number of the last person who called you.
iv. Call Rejection" -- To block unwanted calls, dial *60 and follow recorded instructions. If you do not know the unwanted caller's number, activate "Call Rejection" after hanging up from their call. To cancel, dial *80.
v. Keep tapes of calls from the stalker recorded on the answering machine.
vi. Attach a tape recorder to your phone and record the stalker's phone calls to you (this is legal in Utah; however, you cannot record phone conversations that you are not a party to or where you don't have one of the parties' consent to record).
vii. Contact your local police and phone company about this situation.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Stalking 101
http://www.stalkingvictims.com/whats/stalking101.htm
While many stalkers don't attack,
the threat of violence is usually inferred.
Which means that even those victims who aren't
physically harmed suffer tremendously in
terms of fear, anxiety and the disruption of their daily lives.
Unfortunately, victims simply don't know what to do when confronted with being stalked. Neither does law enforcement nor the judicial system. Why? Because in many cases, stalkers successfully terrorize their victims without ever breaking the law.
While there are different kinds
of stalking, invariably the stalker tries to establish a cult dynamic of one. It's a power and control trip through which the stalker
tries to distort the victim's sense of reality. In many ways, stalking is like a rape that goes on and on.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Stalking
and bullying: the types of stalking
http://www.bullyonline.org/related/stalking.htm
"Victims [of stalking] will come
forward much quicker." "At the moment they are made
to feel stupid and they wonder if it's their fault."
- Diana Lamplugh of the Suzy Lamplugh
Trust
A largely-unrecognized effect of stalking is
psychiatric injury.
Internet stalker profile (and any stalker,
especially a male)
If you've been wooed by one of these characters, this profile should bring you back to reality:
He probably has other unpleasant characteristics that sexual harassers possess, and the usual sexual inadequacy including lack of intimacy, controlling behaviour, no concept of the partner's needs, premature ejaculation, and an abnormal belief bordering on obsession in his smallness.
Warning signs
These are the signs to be alert to:
(Reference: Stalking and
bullying: the types of stalking.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Stalking In the Workplace.
http://www.esia.net/In_the_Work_Place.htm
Stalking In the Workplace
According to current statistics from the United States
Labor Department, murder is the leading cause of death for women in the workplace, and one of the top
causes of death for men.
Many
of these deaths are the result of stalking. Studies have found that one in every six violent crimes in
America occurs in the workplace, accounting for approximately 1 million crimes
a year. But multiplying the danger of this problem is the fact that stalking
victims on the job is a fairly new problem for United States businesses. Consequently, many managers
and supervisors don't know how to respond to the danger, and may not afford the
victim the understanding and protection they need. However, top executives are
finally beginning to recognize the seriousness of the problem. Workplace
violence was ranked as the number one concern of executives of America's
Fortune 1000 companies.
According to Sue Meisinger, Executive
Vice President of the Society for Human Resource Management, "people don't
check their problems at the front door." Victims of stalking need the
cooperation of their employer. Experts on personnel management say many
companies stubbornly refuse to think their employees could be in danger. Unfortunately, many employers still view
stalking as a personal problem not a problem the company should be involved in.
Although 15% of workplace homicides are a direct result of stalking, business consultants say
that most companies train their managers to avoid sexual harassment, but very few offer
training on avoiding workplace violence, specifically stalking.
For many employed stalking victims, the worry
is no longer whether they will keep their jobs or be laid off, but rather
whether or not they will be killed on the job by a stalker. Many victims
state they are reluctant to speak with managers and co-workers about their
stalking out of
embarrassment and fear. Employers need to understand that stalking is
something that the victim has no control over.
If you are a victim don't be afraid to inform
your manager.
We're talking about your life and the life of other co-workers if your stalker
goes off the deep end. Obtain as much
information as possible on stalking and share it with your manager,
co-workers, and security personnel.
The very real danger for many stalking victims is that often fellow
employees of the victim seem unaware of the dangers of stalking, particularly
receptionists and others responsible for entry into a business. It is very import for the
victim to notify his/her manager as to what is going on. As a victim,
don't hold back - let your co-workers know. Show photos if possible; give a description of your stalker, the car
he/she drives, any information that may be helpful in identifying your stalker.
Have someone walk you to your car, screen your phone calls
and people that come to your office to meet with you.
If a co-worker receives a call from your stalker or if your
stalker has been seen driving around your place of employment have them report it
immediately to you and document, document, document.
If you have a valid restraining order prohibiting your
stalker from being around your place of employment, call your local police
department immediately and file a report.
Don't be afraid to educate your company on
stalking. The more your
company understands stalking the better protection you and your fellow
employees will have.
Following is a true story of what can happen.
Chandler, AZ Stalking can
affect your place of employment and the people you work with. In 1996 I was asked to resign due to the problems with my
stalker. It was the only way my local
superior knew how to handle the situation.
He viewed it entirely as a personal problem, not a problem our company
should deal with, even though the stalking was something I had no control
over. I refused to resign and thanks to
some very understanding individuals at our corporate office, I am still with the
same company.
In 1998, when the stalking escalated, my company went to bat for
me -- all the way! Our Corporate
Security Office, on the East Coast, stayed in direct contact with me and our
local police department here in Arizona.
My employer went to great lengths to insure my safety and the safety of
my co-workers as my stalker had also threatened many of them when my calls were
not put through to me. He was often
seen driving by our office, leaving notes and dead birds on my car, and
threatening anyone who confronted him. He would bombard our office daily with
calls, often times impersonating police officers and detectives to get through to me, or to obtain
information from fellow employees. He
had also shattered our French glass doors going into our office. Magnetic coded locks were installed on our
office doors and additional security was installed in our office, an expense
that no company should have to endure because of one sick human being. I was also offered a panic alarm which would
activate our security alarm, in the event something were to happen in the parking lot,
restroom, or common areas of our complex.
I will forever be grateful to my employer for their
concern, understanding, and help.
On February 14, 2000 my employer announced the
implementation of a Threat Management
Program for our company nationwide, something that every company (large or
small) should consider doing if a program is not yet established. Does stalking affect just the victim?
The US Bureau of Labor Statistics tabulated 1,103 assorted
on-the-job shooting, stabbings, bombings and other assaults in 1997 alone. The death count reached 856.
The quickie injunctions are designed to bar hotheads from
being near entire places of employment, which protects all employees and
customers at those businesses. Existing
measures merely bar them from being near certain individuals. Injunctions have a sobering effect on most
people, Pace said. "They say, This
isn't worth it. It's gotten to the point
that I've got to make some decisions. I
may be mad, but do I really want to end up in jail tomorrow?" It does work.
It calms them down," she said.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reference
Woman
Jailed For Stalking Priest. (Wednesday,
January 15, 2003) USA:
Catholic World News.
http://www.cwnews.com/Browse/2003/01/19720.htm
Catholic
World News News Brief
Catholic
World News is available for daily delivery by email and news stories may be
browsed and searched online. For details, visit the Catholic World News web
site.
Woman
Jailed For Stalking Priest
LONDON,
Jan 15, 03 (CWNews.com) - A "besotted" woman who
bombarded a priest with love letters and gifts, has been jailed for two years.
Bernadette
Quinn, 43, ignored a restraining order and continued to declare her love for
Father Jonathan Hart, 35, in letters and phone calls, Bradford Crown Court
heard today.
Last
year Quinn was banned by magistrates from having any direct contact with Father
Hart for two years after launching an unsolicited 18-month romantic campaign.
The priest was eventually forced to leave his parish in Halifax, West
Yorkshire, and move 12 miles away to a new parish in Heckmondwike.
Defense
attorney Gordon Lakin told the court that Quinn, had suffered from erotomania,
a psychological condition, which causes a woman to mistakenly believe a man is
in love with her.
In his
ruling, Judge Geoffrey Kamil told Quinn he had no choice but to jail her because he
was "quite satisfied you are going to re-offend."
He said, "What's absolutely clear is that you latched on to this
poor victim and made his life a complete misery."
(Reference: Woman Jailed For Stalking
Priest. (Wednesday, January 15, 2003) USA: Catholic World News.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
besotted
adj
``Besotted devotion.'' --Sir W. Scott.
Erotomania:
people who develop an unreasonable love of a stranger or person not interested
in them.
(Reference: The
Encyclopedia of Unusual Sex Practices: Erotomania.)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Note
Kindly
endorse (Your address is optional) any of the following two online petitions to The Honorable Chief Justice, Supreme
Court of India. Thank you!
Misuse of Wireless Spy
Devices or Misuse
of High Tech Wireless Spy Devices
Written around
Revised around
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
http://www.geocities.com/notesofacybervictim/stalking/refer.html
Published on internet:
1st
Re-publish on internet:
2nd
Re-publish on internet:
Revised:
Wednesday, January 05, 2005
Information on the web site is given in
good faith about a certain spiritual way of life, irrespective of any specific
religion, in the belief that the information is not misused, misjudged or
misunderstood. Persons using this information for whatever purpose must rely on
their own skill, intelligence and judgment in its application. The webmaster
does not accept any liability for harm or damage resulting from advice given in
good faith on this website.
Back to Notes of a Cyber
Victim Homepage Index Also
refer Chapter 2 of Emission
A Mini
Homepage Index
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Thou
belongest to That
Which Is Undying,
and not merely to time alone, murmured the Sphinx, breaking its
muteness at last. Thou art eternal,
and not merely
of the vanishing flesh. The
soul in man cannot be killed, cannot
die. It waits, shroud-wrapped,
in thy heart, as I waited, sand-wrapped, in
thy world. Know thyself, O mortal! For there is One within thee,
as in all men, that comes and stands at the bar and bears witness that there IS a God!
(Reference: Brunton, Paul. (1962) A Search in Secret
Amen