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AniaR
04-09-2013, 10:00 PM
In light of a recent death in my community that began as cyberbullying, and the plight of a few people in our community, I present to you a handy-dandy guide for dealing with cyberstalking and cyberharassment! Lots of people come to me for help with this stuff, hopefully now you'll be able to manage it on your own. (You may have seen the news story today that prompted this: http://ca.news.yahoo.com/blogs/dailybrew/cyber-bullying-claims-another-sexual-assault-victim-nova-212003391.html very sad stuff read with caution)

So, the first thing we need to do is recognize that there are NO standard definitions for cyber stalking, cyber harassment, or cyber bullying accepted worldwide, or in some cases even country wide. While many countries are working hard to create legislation, what each state/province/country determines as the definition and legal definition are determined on a location by location basis.

Here are some general definitions from reputable sources:
http://netforbeginners.about.com/od/c/f/What-Is-Cyberstalking.htm
http://www.bullguard.com/bullguard-security-center/internet-security/internet-threats/what-is-cyberstalking.aspx
http://www.cyberguards.com/CyberStalking.html
http://www.cyberangels.org/security/stalking.php
http://www.stopbullying.gov/cyberbullying/what-is-it/index.html

Here are some examples of location specific laws:
In Canada:

"In Canada, cyberstalking is defined as a pattern of harassment by electronic means which causes a person to have a reasonable fear for their life or safety of person." from http://www.cyberstalking.ca/en
This is also a more specific link for Canada: http://www.justice.gc.ca/eng/pi/fv-vf/pub/har/part1.html
Here's an example of the laws in California that's a little more detailed and specific, and similar to the laws found in other states:


A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort:


The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, or harass the plaintiff. In order to establish this element, the plaintiff shall be required to support his or her allegations with independent corroborating evidence.
As a result of that pattern of conduct, the plaintiff reasonably feared for his or her safety, or the safety of an immediate family member. For purposes of this paragraph, "immediate family" means a spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any person who regularly resides, or, within the six months preceding any portion of the pattern of conduct, regularly resided, in the plaintiff's household.
One of the following:

The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety, or the safety of an immediate family member and, on at least one occasion, the plaintiff clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct.
The defendant violated a restraining order, including, but not limited to, any order issued pursuant to Section 527.6 of the Code of Civil Procedure, prohibiting any act described in subdivision (a).




For the purposes of this section:
"Pattern of conduct" means conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "pattern of conduct."
"Credible threat" means a verbal or written threat, including that communicated by means of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent and apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
"Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or terrorizes the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
A person who commits the tort of stalking upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294.
In an action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction.
The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.
This section shall not be construed to impair any constitutionally protected activity, including, but not limited to, speech, protest, and assembly.

From: http://www.haltabuse.org/resources/laws/california.shtml

When you look at these examples, or even google, you'll see that the majority of the laws do overlap with each other. The common issues are that the stalking or harassment is a repetitive behaviour, you need to be able to prove it happened, the victim feels their safety in danger and/or the stalker/harasser actually makes a threat, and in some places the victim has expressed not wanting any contact with the person and they continue contact.

Cyberstalking and cyberharassment may only happen on one website, but often it spreads across many. According to the majority of these laws, It can come in the form of "repeated contact through email, multiple accounts on a website or email made in order to bypass a block and contact someone with the purpose of harassing them, willful slander, repeated text or phone calls, delivered through chat rooms, forums, portraying someone else (identity theft), creating website/pages for the soul purposes of targeting an individual, sending viruses to a person on purpose, hacking someone's account, running kiddy scripts on a person, using spy-ware or key-logging software against a person, sending harassing messages to the victim’s employers, co-workers, students, teachers, customers, friends, families or churches or sending harassing messages forged in the victim’s name to others." (pulled from the resources already listed above).

So- what can you do about it? Often we're *told* we can't do much, but that simply isn't true!
First, prevention is key! Here's some tips from the Canadian website:




Be careful about posting personal or private information.
Check the harassment policies of your Internet Service Provider (ISP).
Do not use your full name for your user ID, and change your password often.
Report harassing e-mail or chat room abuse to your ISP. If you know the ISP of the person, tell that ISP too. They can cut off the person's account if it is being used to harass others. Ask about tools to block unwanted communication.
Do a Web search on cyberstalking. You will find many sites with tips and information. Some can help track down harassers, document their origin and send reports to you or
the police.



Next, if you find yourself stuck with any of these behaviours the very best thing you can do is start taking screen shots and saving them to your computer! SAVE EMAILS, don't throw them away! Keep track of ANY unwanted communication the person gives you.
Don't know how to screen shot something? read the guide here: http://mernetwork.com/index/showthread.php?391-How-to-quot-Screen-capture-quot
Making use of a website's feature to block someone is helpful, but sometimes that person will try to get around your block by making alt accounts. For some websites you can report those suspicions directly to the website and they'll investigate. If you're suspicious that someone is doing this to you via FB you can put their email address(es) into the search bar. It will bring up any and all accounts connected to them. If they're using a fan page, you can click to see who the owner of the page is. On FB, just like on mernetwork, you can report individual comments. You can also ban people from your fan page though this doesn't stop them from viewing it or creating other accounts in order to bypass the ban. Remember to keep record of all the steps you take along the way.



If a person is sending you multiple messages, under the ruse of being someone else, simply keep track of it all. Frequently they slip up and post the same thing from both contacts. Even if you're not sure, document it anyway- you can submit it all to the police.
On tumblr, you can install a pageview monitor. It will also give you the exact IP addresses EVEN when a person is posting to you via ANON. If you don't know who your cyber-stalker is, putting that IP in google maps is a great way to find out.
On twitter you can report individual posts and also mark them as spam.
Many social network websites will ban people for repeated offenses


Ignoring won't make the problem go away in most cases. Cyber bullying/harassment/ and stalking tends to be defined by how relentless it can be. But not engaging with the person is also a good prevention tip, and makes any future legal processes easier. It's okay to warn them that their contact is unwanted, and you will press charges with the police if they can continue. Here's a good link on the topic of "ignoring" cyber bullying: http://regainyourname.com/news/ignoring-cyberbullying-is-not-the-answer/

You can also use aps to add secondary validation to your email, facebook, and many other websites. Not only will a hacker need to guess your password, they'll also need your random key-code generated that only you'll have! (and it changes every time!) You can already set up FB for this under their settings.

Yes, You can get the police involved!

When in doubt or scared, call the police. Yes, they actually can help. The police can use a warrant to gain information from the social networking sites, the internet service provider, cell phone company, and other areas. If the person is using an ip blocker, the police have specific tools to get around that. Especially if your harasser has been sending you a lot of things.

Even if the police can't help you right away, it's always better to OPEN A FILE with them and continue to submit your screen shots and proof. You can also hire a lawyer to send a cease and desist letter to the individual if you know specifically who they are and where they are.

According to Regain Your Name, here are some ways to spot a cyber bully: (obviously doesn't apply to everyone or every situation)
They're obsessed with their victim's name & never their own, They publish a victim's contact data for no valid reason, They attribute their own psychological defects to their victims, They think they're anonymous, but in fact they're always traceable, They solicit strangers & encourage them to retweet/share lies, When you don't respond they invent one-sided conversations, They rely on the mob argument, They have many alter egos - all with the same spelling errors, They copy old photos of you and make nasty comments, They make lurid allegations, but never provide any evidence.
(some of these are specific to twitter as the site focus a lot on twitter and facebook)

Hopefully none of you have to deal with this. I have had a cyber stalker who turned into a real life stalker. After I got my first publication a man started calling me and emailing me. He literally emailed me almost 100 times a day, and I don't even know how many times he called because I'd always get notifications on my phone in the double digits. Eventually he showed up somewhere that I was in person and very clearly followed me around. This happened 2 more times when I called the police. I didn't think I had much to go on... but I forwarded them the emails and showed them the phone records. It was enough and that addressed the man and put a stop to it.

The main thing the officer explained to me is that people need to report so that there is a legal record of what's been happening. If you ever want to put in a place a restraining order, or press charges, it'll be much easier when you have things documented. It's also better to go with your gut, because even if you think a person isnt dangerous- you could be wrong.

Hopefully you'll find this helpful. You can also check out these associated links:
http://www.stopcyberbullying.org/
http://www.cyberbullying.ca/
http://www.unlikecyberbullying.ca/
http://mediasmarts.ca/cyberbullying
http://regainyourname.com/

MerEmma
04-09-2013, 10:15 PM
Good post! I've only had one issue before and it was dealt with immediately. If I ever need more about it, I know where to come!

Thalassa
04-09-2013, 11:45 PM
Great info, Raina, and it's good to see you back. :-)

AniaR
04-10-2013, 10:49 AM
A lot of people in the community come to me for help about these issues, and in an effort to not get pulled into things that don't involve me, I figured I'd make this thread with all the info to redirect people to. I hope it helps. =)


Great info, Raina, and it's good to see you back. :-)

I'm super busy with my book I can't wait to get it out :D

Morticia Mermaid
04-10-2013, 12:06 PM
Great post Raina. Hope you don’t mind if I add a bit of info to it, you missed a big chunk on cyber harassment.

http://www.wisegeek.org/what-is-cyber-harassment.htm


Cyber harassment (http://www.wisegeek.com/what-are-the-different-types-of-harassment.htm) and cyber stalking (http://www.wisegeek.com/what-is-stalking.htm) are often used synonymously to describe the actions of persons who relentlessly pursue others online with the intention of frightening or embarrassing the victim. Sometimes a harasser intends to teach the victim a lesson or solicit information from the victim, and stalkers generally want revenge or attention. Laws against cyber harassment vary depending on the country, and victims should report their case to local authorities. To prevent crimes from occurring, it is important for everyone to protect their identity while on the Internet.


A cyber harasser often will post comments to the victim that are intended to cause distress and will try to incite others to do the same.
I’d like to add to this that the comments don’t have to be said to the victim, and can be said indirectly. As long as the statements have the harassers desired effect on the victim.

Also, Cyber Harassment can also be classed as criminal harassment.

http://criminal.findlaw.com/criminal-charges/harassment.html?DCMP=GOO-CRIM_Harassment-CyberStalking&HBX_PK=cyber+harassment+laws


Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them.

Cyber bullying, stalking and harassing isn’t always done directly towards the victim(s).

AniaR
04-10-2013, 12:50 PM
Actually those things ARE covered in the links above, and in some of what I quoted...? Like I said, the actual *law* varies from place to place, and instead of copy and pasting every single law for every single state/country, I put the above links so people can check for their own location for specifics ;) (and obviously, showing the laws implies the behaviour is against the law?) The wise geek link you quoted points that out in the second and fourth paragraph (Wise Geek is not all the laws listed, rather a general summary such as the ones I have already posted), along with another few interesting points.

Hopefully people in the community can utilize some of these tools and directions for tracking and reporting.

Whisper
04-10-2013, 12:57 PM
I for one, as I am sure there are others, am grateful to you both for providing information to the community. It shows caring that you both are willing to take time and research a subject that many people do not know much about.

Yes, the laws vary from state to state. There are also federal laws to take into account I am sure.

Thank you both for taking time to share this information. Raina for starting the discussion and Morticia for adding information to it.

Morticia Mermaid
04-10-2013, 12:57 PM
Actually those things ARE covered in the links above, and in some of what I quoted...? Like I said, the actual *law* varies from place to place, and instead of copy and pasting every single law for every single state/country, I put the above links so people can check for their own location for specifics http://mernetwork.com/index/images/smilies/wink.png The wise geek link you quoted points that out in the second and fourth paragraph (Wise Geek is not all the laws listed, rather a general summary such as the ones I have already posted), along with another few interesting points.

I know. The main point I was making is that cyber stalking, bullying and harassing is not always direct, but can be indirect. I've read over the main post a few times and didn't notice any mention of that in there. If it is there and for some reason I just hadn't seen it, then I am sure others would have missed that point and am glad I was able to help make the fact a bit more prominent :) Wasn't pointing out any specific laws (reread my post a couple times and am not seeing mention of any laws at all), just providing a bit more info than what was already in the original post :)

AniaR
04-10-2013, 12:59 PM
Here's a great master link that links to all the cyber bullying law in the states, Canada, and the UK. It also breaks it down into specifics, phone numbers and agencies to call, and *related* cybercrime (hacking, identity theft, endangerment of a child etc)

http://listcrime.com/reportcybercrime.html

If anyone else continues to find relevant links, feel free to post them!

Morticia Mermaid
04-10-2013, 01:05 PM
Thanks for the link Raina. I'm sure there are a lot of people who will find that link useful :)

Whisper
04-10-2013, 01:08 PM
I for one, as I am sure there are others, am grateful to you both for providing information to the community. It shows caring that you both are willing to take time and research a subject that many people do not know much about.

Yes, the laws vary from state to state. There are also federal laws to take into account I am sure.

Thank you both for taking time to share this information. Raina for starting the discussion and Morticia for adding information to it.