CYBERSTALKINGTINA LARSEN

WHAT IS CYBERSTALKING?

Cyberstalking is stalking facilitated by technology.● Email● Texting or instant messages● Social media posts● Etc.

What is Stalking?● “...engaging in a course of conduct directed at a specific

person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.”

(United States Department of Justice)

THE IMPACT OF CYBERSTALKING

Common cyberstalking behaviors include:● Threats toward one’s self or loved ones● Attempts to damage victim’s reputation● Attempts to access a victim’s private information● Monitoring via the internet

These behaviors can have a profound effect on victims’ lives.● Anxiety● Depression● Paranoia● Insomnia● Nausea, appetite loss

QUOTES FROM VICTIMS

“My whole life stopped because I was in so much fear.”

“I began to fall apart and would be sick when I had to addressincoming email.”

“You are made to feel with less control of your life.”

“I feel it is something I will never entirely escape.”

SOURCE: Victims’ Voices: Understanding the Emotional Impact of Cyberstalking and Individuals’ Coping Responses (Worsley et. al., 2017)

QUOTES FROM VICTIMS

“The police didn’t take this seriously enough and I felt reallystupid and humiliated.”

“Some police officers even found the situation comical during the years.”

“The police did take me seriously but I was also made to feelhelpless about the situation.”

SOURCE: Victims’ Voices: Understanding the Emotional Impact of Cyberstalking and Individuals’ Coping Responses (Worsley et. al., 2017)

CYBERSTALKING STORY

Full story: https://www.youtube.com/watch?v=r0oSMPZjbbc

A GROWING PROBLEMThe first cyberstalking case occurred in Michigan in 1994

● Less than 30% of people in the United States owned a computer

● By 2016, that number hadreached nearly 80%

A GROWING PROBLEMToday, internet and computer use is nearly ubiquitous.

● In a recent Pew Research Center survey...● Only 10% of American adults reported that they do not use

the internet● 0% age 18-29

CHILDREN ON THE INTERNET

Many children are internet users.● Children do not know how to protect themselves● Children are naive● Children are susceptible to grooming

The internet provides predators access to children● Use the internet to meet children● To communicate with children

○ Grooming○ Arranging meetings

● Parent may not know what is happening

CYBERSTALKING LAWS

Cyberstalking is prohibited under the federal law 18 U.S. Code § 2261A.

“Whoever—

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—

(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),

shall be punished as provided in section 2261(b) of this title.”

CYBERSTALKING LAWS

In other words...

It is punishable by federal law to use an electronic device or service in such a way that causes another person to fear for their own safety or that of another person or animal, or in such a way that either does or could reasonably be expected to cause someone to suffer from a significant amount of emotional distress.

CYBERSTALKING LAWS (MINNESOTA)

609.749 STALKING; PENALTIES.

Definition of Stalking:“...“Stalking" means to engage in conduct which the actor knows or has reason to know

would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.”

No proof of specific intent required:“...The state is not required to prove that the actor intended to cause the victim to feel

frightened, threatened, oppressed, persecuted, or intimidated.”

CYBERSTALKING LAWS (MINNESOTA)

Stalking crimes:

“...directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act”

“...follows, monitors, or pursues another, whether in person or through any available technological or other means”

“...repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues”

“...uses another's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person”

SOME CONTROVERSY

“...fears about on-line activity and content which prompt calls for heavy-handed legislation are often founded on misconceptions as to the nature and the scale of the problem.”

Cyber-stalking: the Regulation of Harassment on the Internet, Ellison and Akdeniz, 1998

● Refer to cyberstalking as a “moral panic”● Other “moral panics:”

○ “The use of the Internet by paedophiles to distribute child pornography”○ “The use of the Internet by Neo-Nazis and other racist groups”

SOME CONTROVERSY

More recently, some have argued that laws intended to prevent cyberstalking violate the right of free speech.● Some of these laws may place restrictions on types of speech that fall

under “free speech.”● These laws can be viewed as a form of censorship.● Which is more important: preserving the rights of people to say whatever

they wish, or protecting people from the pain that such speech can cause?

ETHICAL ANALYSIS: KANTIANISM

Cyberstalkers harass and torment their victims for these reasons:● to manipulate them● to ruin their victims’ reputations● for their own satisfaction

The cyberstalker is violating Kant’s second Categorical Imperative.● They use their control over their victims for their own personal

gain or satisfaction● This is at the expense of the victim● The cyberstalker is using their victim as a means to an end

ETHICAL ANALYSIS: ACT UTILITARIANISM● Victims experience:

○ Fear, anxiety○ Depression○ Humiliation○ Etc.

● But it may benefit the cyberstalker:○ Revenge○ Manipulation○ Enjoyment, sense of control○ Etc.

VICTIM SUFFERS: Fear -1

Depression -1 Paranoia -1

Stops using email -1 Lasting damage -1

CYBERSTALKER BENEFITS:Gains something +1 Feels satisfied +1

TOTAL -3

CONCLUSION

● Cyberstalking is stalking facilitated by technology.● Stalkers…

○ cause their victims to fear for their safety○ cause their victims to fear for the safety of another○ cause their victims to experience substantial emotional distress

● Cyberstalking is a growing issue.○ technology make it easy to do○ internet use is nearly ubiquitous

● Children are vulnerable to cyberstalking.● Cyberstalking is punishable by law in the U.S.● Cyberstalking is unethical under several ethical theories.

QUESTIONS?