The Criminality of Cyberstalking

The Internet is continuously bringing changes to society; however, its influence is twofold with the allure of positive developments and the attraction of negative activities. While there are many positive factors attributed to the ease and ability to communicate globally, the deviance of real world criminal activity is also an issue on the Internet, such as cyberstalking. Cyberstalking is the harassment of an individual or group through the Internet and other forms of telecommunications. The criminalization of some aspects of "cyberstalking" is relatively new. While most of the the behavior is deviant and abnormal, much of what encompasses cyberstalking is not criminal. Most states include within their laws for stalking the issue of stalking and harassment via the Internet on the notion that there has been a violent threat made or some emotional trauma has occurred on the account of the repeated harassment. The anonymity of the Internet has made the harassment and stalking an increasingly troublesome issue. Undoubtedly, while cyberstalking may not always lead to harassment and stalking outside the Internet, the threat is prevalent and the emotional trauma for the victim is legitimate.

The definition of cyberstalking is vast, as it encompasses everything from libel to impersonation. Harassment is already an abstract concept in law. The specification in anti-stalking and harassment laws regarding cyberstalking needs to be set in place or further clarified, especially about topics like defamation. The issues of cyberstalking that are addressed in state laws are somewhat limited, but keep freedom of speech a priority.What has been addressed in laws has not been elaborated extensively federally. Addressing this issue and its prospective criminality brings up the delicate subject of individual rights versus safety. This is a key issue of the legislation of this offense. Individual rights simply do not employ the ideas that an individual can say anything they want, whenever they want to say it. The issues of cyberstalking are broad, but many of the issues cross the fine line between freedom of expression and other important rights, such as the threat of physical safety of an individual. As with the limitations of freedom of expression outside the Internet, criminalizing these same violations on the Internet is necessary.

The anonymity makes it much more difficult for the victim's rights to be validated, but imposing these laws may subject the government to a "big brother" position. Will the government need to answer for an ultimatum between the perpetrator's privacy and the victim's safety? The government must find a position of being "big brother" and completely disregarding harassment of the Internet, a position that states have already taken steps to accomplish. The anonymity of the Internet has made the enforcement of these anti-stalking and harassment laws difficult. So, where does a victim of cyberstalking begin to search for answers? The victim can take matters into their own hands in protecting themselves through simple steps like changing the ISP address, but fortunately, the establishment of anti-stalking legislation will make victims feel safer. Certainly as technology advances, the protection for the victims and decreeing the law for the offender will improve and become easier. Will limitations on freedom of speech need to be imposed or further clarified? What are the consequences of committing these offenses?

Although cyberstalking is relatively new, it's perpetually being committed without a solid foothold on the criminality of its offences. Research on such a topic is probably limited, but a rapidly growing area of interest in crime. A scholarly input at this juncture is most likely available, but minimal on its preciseness on criminality due to cyberstalking's vagueness and novelty.