Legislation

With the emergence of new technologies and innovations the World is also facing alarming increase in the crimes and a cyber crime is one of the most vulnerable crimes emerging now a day. India too is no exception in the paradigm of cyber crime. Cyber crimes in India are gaining momentum from simple e-mail type of crime to serious crime like hacking, source code theft etc. Cyberstalking is on the rise and women, senior citizens and children are the most likely targets. This paper examines cyber stalking as an example of a crime that is simultaneously both amenable to, and resistant of, traditional forms of legislation, depending upon the way in which the possibilities of the Internet are exploited. The paper attempts to discuss the modes of cyber crimes, categories of cyber stalkers, psychology of cyber stalkers, motives of cyber stalkers and the nature victims. The paper also attempts to suggest measures to prevent the crime and deal cyber stalkers.

The National Center for Victims of Crime has developed The Model Stalking Code Revisited: Responding to the New Realities of Stalking to assist states that are working to strengthen their stalking laws. This report examines and recommends updates to the 1993 Model Anti-Stalking Code for the States developed at the direction of Congress by the National Institute of Justice, U.S. Department of Justice.

Stalking is a crime of terror. It is one part threat and one part waiting for the threat to be carried out. The victim of stalking has no way to resolve the threat and terror she feels. (Most revoked cases involve male stalkers and female victims.) Stalking is also far more common than most people believe, including criminal justice professionals. Together, these two points underscore the reality that stalking is an important policy issue for the criminal justice system, for agencies providing services to victims of crime, and for advocates concerned about violence against women.
 
Stalking has, of course, gathered considerable attention from the mass media. However, notwithstanding a sizable literature about stalking as a legal construct and as a medical issue, - - systematic information about this crime and what is being done about it is largely missing. Most significantly, policy analysis of what needs to be done to improve anti-stalking investigation, prosecution, and provision of services to stalking victims is totally absent.
 

• To fill those gaps in knowledge, this study of the status of stalking laws and their implementation in the United States was conducted.' The study:
• Analyzed stalking and related legislation in the 50 states,
• Reviewed leading court decisions interpreting those laws,
• Conducted a survey of police and prosecutor agencies across the country to determine how the laws are being implemented,
• Undertook field reviews in jurisdictions with innovative, special anti-stalking efforts, and
• Integrated study findings with the existing research literature on stalkers and their behavior.

 
The premise for the research was that stalking is a serious crime against persons2 and is widely prevalent.While there has been significant federal support for state and local agencies to adopt anti-stalking laws and implement anti-stalking initiatives: no comprehensive review of the status of such efforts had been done. Thus, there was no way of knowing what additional measures (such as federal assistance to state and local enforcement agencies, or new initiatives by state and local agencies themselves) might be needed to enhance local anti-stalking efforts.

Federal and state laws have always played a role in protecting minors from criminal victimization. For example, Congress has enacted laws dealing with child pornography, child luring, and child sexual exploitation. However, given its immediacy, anonymity, and accessibility, the Internet offers a forum, through social networking sites,1 for harassment and other social ills committed against minors. The Internet’s nuances present new challenges for federal and state legislators and law enforcement personnel responsible for defining and prosecuting criminal use. This is especially true with the relatively new crime of Internet “harassment.” The term Internet harassment usually encompasses “cyberstalking,” “cyberharassment,” and/or “cyberbullying.” These activities, when committed against minors, may cause emotional harm. Recent high-profile cases involving teen suicides demonstrate the potentially severe consequences of this emotional harm. As such, legislators are faced with determining how to handle the problem.
 
Various laws, not specific to minors, govern traditional crimes such as stalking and harassment, which generally include a threat of harm. These laws generally criminalize unlawful conduct that fails to rise to the level of assault or battery.2 Recognizing that the Internet can be used to stalk or harass individuals, Congress and some states have amended “traditional” stalking and harassment statutes to include Internet activity. However, these statutes are generally inapplicable in situations in which minors suffer emotional harm due to embarrassment or humiliation. When, if ever, should criminal sanctions be imposed for these incidents? Should legislators amend traditional stalking and harassment statutes to cover these situations? Or should legislators create new crimes covering such activity? Should such activity conducted by a neighbor, for example, be prosecuted on the federal level because the Internet was used? Or should prosecution of such activity remain at the state level? These are just some of the questions legislators may consider in addressing the problem of Internet harassment of children. While these policy considerations are noteworthy, this report focuses on the applicable constitutional constraints legislators may consider in drafting legislation in this area.

In this article I argue that there is a direct link between existing debates about unauthorised visual images and the issue of sexual assault. In particular, it considers the adequacy of current Australian legislation to properly respond to this issue and to reflect the additional harm caused to victim/survivors of sexual assault when a visual image of the assault is recorded and distributed. This is not to undermine the importance of securing justice and support for victims regarding the original sexual assault. Rather, I argue that it is a continued assault on the victim, facilitated by advances in information and communication technologies (ICTs), when an image of the assault is recorded and distributed.

This legal guidance addresses behaviour which is repeated and unwanted by the victim and which causes the victim to have a negative reaction in terms of alarm or distress. Cases involving stalking and harassment can be difficult to prosecute, and because of their nature are likely to require sensitive handling, especially with regard to victim care. The provision of accurate and up-to-date information to the victim throughout the life of the case, together with quality support, and careful consideration of any special measures requirements are essential factors for the CPS to consider.

Relationships are the domain of the intimate, of the private. When relationships are abusive, this privacy is abused. Fortunately, some recent cases have affirmed the privacy interest of individuals in their intimate relationships. These cases improve the legal options for those victimized by tools widely available to perpetrators of domestic violence, harassment and stalking. Further, the Federal Trade Commission has for the first time taken action against a company marketing “Stalkerware” – spyware sold directly to consumers and marketed for uses such as spying on one’s spouse.

Given the reliance of societies worldwide on information and communication technologies, judges and prosecutors must be prepared to deal with cybercrime and electronic evidence. While in many countries, law enforcement authorities have been able to strengthen their capacities to investigate cybercrime and secure electronic evidence, this seems to have been less the case for judges and prosecutors. Experience suggests that in most cases, judges and prosecutors encounter difficulties in coping with the new realities of the cyber world. Particular efforts are therefore required to enable judges and prosecutors to prosecute and adjudicate cybercrime and make use of electronic evidence through training, networking and specialisation.

The present concept is to support such efforts. It has been developed by the Council of Europe‟s Project on Cybercrime and the Lisbon Network of judicial training institutions in cooperation with a multi-stakeholder working group in the course of 2009.

The purpose of the concept is to help judicial training institutions develop training programmes on cybercrime and electronic evidence for judges and prosecutors and to integrate such training in regular initial and in-service training (that is, to institutionalise it). It will furthermore facilitate networking among judges and prosecutors to enhance their knowledge as well as consistent – rather than ad hoc – support to training initiatives by interested partners.

“[T]hey fell in love; they had children; their relationship became derailed; they felt betrayed; their hearts were broken; they wanted to love and protect their children from the hurt they felt the other caused them to feel. They entered the divorcing process with family and legal cheerleaders; sides were taken; stakes were raised; righteous indignation was fueled; inner fears were stoked.”1

Spyware. Hacking into password protected files. Accessing another person’s online banking information. Grabbing and copying hard drives. Your client has engaged in “self help” e-discovery. Has he or she committed a crime? Where is the line between permissible domestic “spying” and crime? Can you use the “fruit of the poisonous tree”? If you do, are you committing a crime? What are your professional ethics and responsibilities? How can you get this information legally and ethically?

Generally, this is a client driven issue. A spouse may suspect adultery, tax fraud, asset dissipation, or other illicit behavior. Their first concern is to validate and confirm their suspicions. Their distress and sense of betrayal may drive them to extreme, and possibly, illegal behavior. When they show up at our offices, it is our job to advise them. Unless the illicit behavior affects the best interests of minor children, the “evidence” will probably not be relevant in most no-fault jurisdictions. If it is relevant, is it admissible? How can we keep these marital-warriors from drawing us into their battles?2

New technology is now available for purchase by anyone with access to the internet that provides valuable information about individuals, their habits and whereabouts. Most of this technology was created for legitimate purposes, but unfortunately, some users, such as abusive spouses, jealous boyfriends/girlfriends, dishonest employees and others, misuse the technology to the detriment of another.

Family law litigants are often targets of this misuse. Thus, lawyers, litigants, and judges must learn how others misuse technology to protect victims from abusive tactics. It is also important for all to understand how to properly use this  technology so one does not inadvertently violate federal and/or state laws.

Pre-paid phone cards that spoof callers’ originating phone numbers, GPS tracking devices installed in cars or cell phones, and various types of computer spyware are just a few of the many products available for purchase, and most are easily purchased online. Blog sites such as www.chatcheaters.com highlight many of these products that one might use to gain an unfair advantage against another person. Familiarizing ourselves with these technologies and products is critical in family court cases because one cannot properly prepare their case nor can a judge intelligently rule without keeping up with the many advances in this digital age.