Online harassment and cyberstalking are serious issues that can have significant emotional and psychological impacts on victims. The legalities surrounding these behaviors vary depending on the jurisdiction and the specific actions involved. Here is an overview of the legal aspects of online harassment and cyberstalking:
1. Legal Definitions and Anti-Stalking Laws:
All states in the United States have anti-stalking laws, but the legal definitions may vary .
Some state laws require that the perpetrator make a credible threat .
The federal crime of stalking is prohibited under 18 U.S. Code Section 2261A.
2. Types of Cyber Harassment:
Online harassment, or cyber harassment, includes various forms of online abuse such as cyberbullying, cyberstalking, online impersonation, doxxing, swatting, revenge porn, sextortion, and more .
Hate speech is a common form of cyber harassment that involves offensive and discriminatory language or actions motivated by animosity toward aspects of identity such as race, religion, gender identity, etc. .
3. Direct and Indirect Harassment:
Online harassment can be divided into direct and indirect harassment .
Direct harassment includes threats, bullying, or intimidating messages sent directly to the victim via e-mail or other Internet communications media .
Indirect harassment includes spreading rumors about the victim in various Internet forums, subscribing the victim to unwanted online services, or sending messages to others in the victim’s name .
4. Cyberstalking:
Online harassment becomes “cyberstalking” when repeated unwanted communications persist over time to the extent that victims fear for their personal safety and security, experience chronic anxiety about loss of quality of life, and undergo an erosion of certainty and predictability about what to expect each day .
5. Age and Legal Limitations:
Some laws only address online harassment of children, while others protect adult cyberstalking victims .
Current and pending cyberstalking-related United States federal and state laws offer help to victims of all ages .