The internet has put the world literally at anyone’s fingertips with a vast quantity of information is a mouse-click away. Information that was once only available in obscure reference libraries or card catalogs can be accessed by everyone. Unfortunately the internet is an equal opportunity tool, and those with virtuous as well as nefarious intentions can use this open resource to further their efforts to levels heretofore unheard of. The internet is also soapbox for free speech that epitomizes the intentions of the founding fathers to allow everyone the same opportunity to have their opinions aired. There is a line that often blurs between legitimate and illegal behavior, when does harsh criticism become bullying, when does an expression of affection become harassment and how do the authorities differentiate between someone looking up an old classmate for rekindle a friendship and stalking a former girlfriend that spurned their overtures. The constitutional protections of free speech and requirements of specificity of regulations make the criminalization of inappropriate behavior difficult. The more than four decades that have passed since the earliest incarnations of the internet and the exponential growth of the previous decade has outpaced the federal and state government’s ability to protect potential victims from harm from those that seek to abuse the world wide web.
The term cyberstalker has been assigned to individuals that use the resources of the internet to follow, harass, prey upon, intimidate or humiliate the targets of their attention, through means that are hard to define and sometimes legal (Pittaro, 2007, p.180). The legality of some aspects of the crime and difficulty in drawing a line between harmless and inapp...
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...delineation between legitimate and illegal intent is held by the individual engaging in the activity. In an effort to criminalize behavior often the courts err on the side of freedom. There are numerous laws that do seek to protect individuals from stalkers, and the translation of these laws to cyberspace is and evolving process.
Works Cited
Jameson, S. (2008). Cyberharassment: Striking a balance between free speech and privacy. Commlaw Conspectus, 17, 231-266.
Gordon, S. and Ford, R. (2006). On the definition and classification of cybercrime. Journal of Computer Virology, 2, 13-20.
Pittaro, M. (2007). Cyberstalking: An analysis of online harassment and intimidation. International Journal of Cyber Criminology, 1(2), 180-197.
Szoka, B. & Thierer, A. (2009). Cyberbullying legislation: Why education is preferable to regulation. Progress on Point, 16(12), 1-26.
The National Conference of State Legislatures (2013) defines Cyber stalking as the use of the internet, email or other electronic communications to stalk. It generally refers to a pattern of threatening behaviors or malicious intent. The NCSL considered it the most dangerous of cyber harassments. According to the Louisiana statute, Cyberstalking is the actions of any person to perform the following:
Faceless-oriented policing comprises of guardians who see the internet being utilized as a faceless venue to commit crimes and what benefits their investigation of these crimes is that they view the cyber investigator and the offender both as faceless entities. (Walker, Brock, & Stuart, 2006) Most cyber criminals engage in the routine activities approach to crime, which suggests that criminal behavior often occur due to these three components: motivated offender; suitable target; and absence of a capable
Cyberstalking is the act of “using the Internet to harass, threaten, or intimidate another person” according to Chuck Easttom (2012). The following provides a synopsis of five recent cases where people have been convicted of cyberstalking or Internet fraud. Each case is analyzed for its relevance in contemporary legal issues, as well as any laws that pertain to the case.
As the world becomes more and more technologically advanced, cyberbullying has become a growing issue. It is an issue not just for teens and kids but even adults. Most cyberbullying occurs through social media, which in this world of technological communication, is a must for the youth to “be cool.” Although social media and others sources may be used beneficially (business-wise) it may also be used abusively, which is where cyberbullying plays in.
McQuade, Samuel C. "research on cybercrime." Issues: Understanding Controversy and Society. ABC-CLIO, 2011. Web. 21 Jan. 2011
Every day, millions of people surf the web for educational and entertainment purposes. Now that more and more people are using technology on a daily basis, there has been much discussion on whether or not cyberbullies should be prosecuted for writing vulgar or inappropriate messages towards other people. Cyberbullies should not be prosecuted for the statements they make on social media. Prosecuting cyberbullies would infringe on American’s first amendment, squander taxes, and discourage citizen’s responsibility. Although prosecuting cyberbullies may be beneficial, this proposal would have many negative consequences.
There have been many examples of cyberstalking crossing over in to real life stalking. And those users who have been victims of cyberstalking, tell a similar story, that no one took the harassment serious until it became real life stalking. Cyberstalking can be a devastating experience for a person online. But in cyberspace people say things like “well just turn off your computer” and “ you can’t be hurt on the Internet, it’s just words”. (Laughren, 1998, p.1) The online stalking is just as frightening and distressing as off-line stalking, and just as illegal.
Haley, Jacqueline. "Anonymity of Cyberstalkers: The Cyber-Watchdog's Tough Collar." Georgia State University College of Law May 2001.
With the click of a mouse, the press of a button, words you have written can never be taken back. Due to the advancement of technology and rise of social networking sites, ways to communicate have become so instant. Before technology was reached out to children, schoolyard bullying was more common. Now adolescents use technology to purposely and repeatedly harass, threat, or cyberbully someone just by sitting behind a computer. With the growth of technology, cyberbullying has magnified greater than ever before. The first amendment creates legal, philosophical and practical problems for parents and administrators to help prevent and take action against those who have harmed others with cyberbullying.
If a crime doesn't result in actual physical damage or loss, can it be considered a crime? Or is any act that leaves a victim feeling violated a punishable crime? One way to look at the issue is through the approach that yes, cyber rape and other crimes are punishable. This can be argued through the fact that these crimes effect "real" life and stir up "real" emotion. It is a punishable violation because it involves actual victims and makes them feel violated. Another position is that because these violations can be avoided by the press of a button or the click of a mouse, they are in no way punishable and are more of a game than anything. The internet is something that effects most people, and anyone who logs onto it can become a victim to cyber crime. If found in the situation, users should know what exactly is at stake. In this essay I will examine both sides of the argument, and explain why I personally feel that cyber crimes cannot be prosecuted as actual crimes.
While the internet has brought with it a vast amount of resources, business opportunities, artistic expressions and an endless number of new conveniences, it has not been without its share of criticisms. With the emergence of this virtually unsupervised world, has come the realization that "the internet knows no physical boundaries and also no moral or ethical ones"(Emmans, 2000, p.25). The internet is a world that seems to meet every type of person's needs, wants, and expectations. Therefore, defining a set of ethics and then regulating the content of the web based on it would inevitably violate someone's constitutional rights. A few of the most ethically and morally scrutinized areas of the internet have been the use of the web to display/sell pornography, to present false information or identities, and to provide data and files suspected of enabling and promoting piracy. Aspects of each of these types of internet information have caused a stir among many who question the benefits of the freedom and leeway that the web provides. These questions and controversies introduce "the free speech and censorship debate"(Porter, 1998, p. 122). In the book, Rhetorical Ethics and Internetworked Writing, James Porter examines this debate and recognizes that although free speech is a right, harassment is a form of free speech in which legal action can be taken(1998)
In today's society, many aspects of crime are committed on a regular basis. Civilians take advantage of people all the time using online resources such as fraudulent websites requiring credit card information to get a free monthly trial. Other examples of cyber crimes include online chat websites, full of predators, or websites needing a downloadable program that contains a hacking virus. Sadly, there are many cases of cyber crime all over the internet. The acts of cyber crimes are considered violent acts like any other.
The Internet provides a gateway for an individual to speak freely and anonymously without being targeted to what he or she said. With this said, one of the biggest issues concerning the Internet today is freedom of speech. The issue of free speech on the Internet has been a topic of discussion around the world within the past years. It is a unique communication medium and is powerful than the traditional media[2]. Because the Internet can not be compared equally to other mediums of communication, it deserves the utmost freedom of speech protection from the government. The restriction of speech on the Internet takes away from individual's rights and freedom from experiencing the Internet's benefits and uses. Information found on the Internet is endless and boundless and this poses the question, "should the government be allowed to regulate the information and content being transmitted or posted online?"
All around the United States, the prevalence of cyberbullying ranges from 10-40% of people who get bullied through electronics. Furthermore, this is a problem caused by kids, teens, and adults who target one another online by repeating harmful threats and harassments. This conflict negatively impacts the victims’ life which is why anyone who cyberbullies should pay the consequences and be prosecuted.
Cybercrime is a global issue plaguing the world. The dictionary defines cybercrime as “crime conducted via the Internet or some other computer network”(Merriam-Webster). The definition remains very broad because the word “cyber” is defined as “relating to the culture of computers, information technology, and virtual reality.” Due to the growing number of people gaining access to the internet, rapid development of technology, and the globalization of the world, more of the world population is becoming susceptible to involvement in cybercrime – whether it be as a victim or a criminal. Cybercrime involves different levels of the world on both the victim and criminal side, from an individual citizen, to small groups, businesses, and the government, to the countries of the world.