internet stalking preventing & responding to injuries tuesday, october 28,2009 nona l. wood ...

Internet StalkingInternet Stalking

Preventing & Responding to InjuriesPreventing & Responding to Injuries Tuesday, October 28,2009Tuesday, October 28,2009

Nona L. WoodNona L. Wood Associate Director of Student Rights and ResponsibilitiesAssociate Director of Student Rights and Responsibilities

Dean of Student Life OfficeDean of Student Life Office 250 Memorial Union, NDSU250 Memorial Union, NDSU

[email protected]@ndsu.edu Fargo, ND 58105, 701-231-7754Fargo, ND 58105, 701-231-7754

11

Cyberstalking DefinedCyberstalking Defined

Although there is no one set legal Although there is no one set legal definition at this time, definition at this time, • ““Cyberstalking” has been used to describe a Cyberstalking” has been used to describe a

variety of behaviors that involve (1) repeated variety of behaviors that involve (1) repeated threats and/or harassment (2) by the use of threats and/or harassment (2) by the use of electronic mail or other computer-based electronic mail or other computer-based communication (3) that would make a communication (3) that would make a reasonable person afraid or concerned for reasonable person afraid or concerned for their safety. their safety.

• Source: Fisher, Cullen & Turner, 2000; U. S. Department of Source: Fisher, Cullen & Turner, 2000; U. S. Department of Justice, 2000.Justice, 2000.

22

Two Practical ExamplesTwo Practical Examples

Craig Matthew Feigin, 23Craig Matthew Feigin, 23 Allegedly installed software on a woman’s Allegedly installed software on a woman’s

computer to remotely control a camera on her computer to remotely control a camera on her computer.computer.

Took 20,000 pictures as she moved from room Took 20,000 pictures as she moved from room to room in various stages of undress.to room in various stages of undress.

Was sending them to a European server.Was sending them to a European server. Not clear if the photos were being sold.Not clear if the photos were being sold.

33


Victim became aware when every time she got near her Victim became aware when every time she got near her computer a light came on and her battery life of her computer a light came on and her battery life of her laptop was not nearly as long.laptop was not nearly as long.

Programs found on her computer include freeware Programs found on her computer include freeware known as “Log Me In” & “Web Cam Spy Hacker.”known as “Log Me In” & “Web Cam Spy Hacker.”

Feigin admitted to doing the same to another woman’s Feigin admitted to doing the same to another woman’s computer.computer.

Police fear 8 or 9 more potential victims, some at Police fear 8 or 9 more potential victims, some at University of Florida or Santa Fe College.University of Florida or Santa Fe College.

Source: Gainesville.com, Friday, August 1, 2008.Source: Gainesville.com, Friday, August 1, 2008.

44

Two Practical ExamplesTwo Practical Examples A former business professor from the U of St. Thomas, A former business professor from the U of St. Thomas,

Stephan Grzeskowiak, 34, is facing federal charges in U. Stephan Grzeskowiak, 34, is facing federal charges in U. S. District Court in Madison, WI, for allegedly violating S. District Court in Madison, WI, for allegedly violating state and federal laws governing privacy of electronic state and federal laws governing privacy of electronic communications.communications.

He allegedly tricked his exgirlfriend into downloading He allegedly tricked his exgirlfriend into downloading software that allowed him to read her e-mails at will.software that allowed him to read her e-mails at will.

He used a program called “SniperSpy.”He used a program called “SniperSpy.” In addition, he used an alias to join an online support In addition, he used an alias to join an online support

group called DailyStrength.com to manipulate her group called DailyStrength.com to manipulate her emotionally and to harass her.emotionally and to harass her.

55


He also stalked her outside of cyberspace, using a He also stalked her outside of cyberspace, using a secret key to enter her St. Paul apartment while she was secret key to enter her St. Paul apartment while she was inside.inside.

Both filed restraining orders; he ultimately agreed to Both filed restraining orders; he ultimately agreed to allow the order against him to stand and his was allow the order against him to stand and his was dismissed.dismissed.

He also faces civil charges over the same events.He also faces civil charges over the same events. He was released on an unsecured $100,000.00 bond He was released on an unsecured $100,000.00 bond

and was required to surrender his passport and to avoid and was required to surrender his passport and to avoid contact with his victim.contact with his victim.

66

Prevalence of CyberstalkingPrevalence of Cyberstalking

Los Angeles District Attorney’s Threat Los Angeles District Attorney’s Threat Assessment Unit, 20% of their cases involve Assessment Unit, 20% of their cases involve some form of cyberstalkingsome form of cyberstalking

Manhattan Sex Crimes Unit, 20% of their cases Manhattan Sex Crimes Unit, 20% of their cases involve e-mail or electronic communicationsinvolve e-mail or electronic communications

New York City Computer Investigations & New York City Computer Investigations & Technology Unit, 40% of their cases involve Technology Unit, 40% of their cases involve electronic harassment and/or threat electronic harassment and/or threat

Source: U.S. Attorney General, 1999Source: U.S. Attorney General, 1999

77

Cyberstalking CharacteristicsCyberstalking Characteristics

Some may be . . .Some may be . . .• Socially withdrawnSocially withdrawn• May have antisocial or narcissistic borderline May have antisocial or narcissistic borderline

personality disorderspersonality disorders• May use the Internet to pursue romantic May use the Internet to pursue romantic

relationshipsrelationships• May use cyber connections to pursue sexual May use cyber connections to pursue sexual

gratification, either directly or indirectlygratification, either directly or indirectly

88

Cyberstalker CharacteristicsCyberstalker Characteristics

““Most stalkers believe that male dominance equals Most stalkers believe that male dominance equals female submissiveness.” female submissiveness.”

““Cyberstalkers now may be younger, more intelligent Cyberstalkers now may be younger, more intelligent and better educated than other criminals. They are and better educated than other criminals. They are described as fairly lonely, isolated, highly intelligent, described as fairly lonely, isolated, highly intelligent, impulsive, cunning, resourceful, understand how to be impulsive, cunning, resourceful, understand how to be anonymous, and know computers.” Barbara Fullerton, anonymous, and know computers.” Barbara Fullerton, December 22, 2003, “CyberAge Stalking”December 22, 2003, “CyberAge Stalking”

Anonymity may be ensured by use of Anonymizer or Anonymity may be ensured by use of Anonymizer or MixMaster tools.MixMaster tools.

99

Cyberstalking BehaviorsCyberstalking Behaviors

May include:May include:• E-mail & I-M harassment, including e-mail bombsE-mail & I-M harassment, including e-mail bombs• Exposure to unwanted violent and/or pornographic Exposure to unwanted violent and/or pornographic

content or messagescontent or messages• Forged message board postingsForged message board postings• Harm to one’s reputation & livelihoodHarm to one’s reputation & livelihood• Identity theftIdentity theft• Text Messaging via Cell Phones (texting)Text Messaging via Cell Phones (texting)• Voice mail Voice mail • Sources: Magliozzi, 2007; Finn, 2004; Finn & Sources: Magliozzi, 2007; Finn, 2004; Finn &

Banach, 2000; Kandell, 1998; Leibs, 1995.Banach, 2000; Kandell, 1998; Leibs, 1995.

1010

Other Cyberstalking BehaviorsOther Cyberstalking Behaviors

Disinhibition—a willingness to do or say things on the Internet that Disinhibition—a willingness to do or say things on the Internet that individuals would not do or say in person.individuals would not do or say in person.

An illusion of invisibility.An illusion of invisibility. No tangible visual or auditory feedback.No tangible visual or auditory feedback. Online social norms may be supportive of cyberbullying and/or Online social norms may be supportive of cyberbullying and/or

cyberstalking.cyberstalking. Victim fear of retaliation, perhaps worse than the original bad act.Victim fear of retaliation, perhaps worse than the original bad act. Belief that freedom of speech has no limitations.Belief that freedom of speech has no limitations. Source: Nancy Willard, J.D., Center for Safe & Responsible Internet Source: Nancy Willard, J.D., Center for Safe & Responsible Internet

Use.Use.

1111

Comparing Real World Stalkers Comparing Real World Stalkers & Cyberstalkers & Cyberstalkers

Both types of stalkers desire power and control over their victims’ Both types of stalkers desire power and control over their victims’ lives.lives.

Males dominate as offenders, although female offenders do exist.Males dominate as offenders, although female offenders do exist. Females dominate as victims, although males may also be victims.Females dominate as victims, although males may also be victims. Intimacy between victim and stalker usually pre-exists cyberstalking Intimacy between victim and stalker usually pre-exists cyberstalking

in the majority of cases.in the majority of cases. Online stranger stalkers are more likely to commit violence against Online stranger stalkers are more likely to commit violence against

their victims than nonstranger stalkers (Godwin, their victims than nonstranger stalkers (Godwin, www.investigativepsych.com).www.investigativepsych.com).

Both victims and stalkers Both victims and stalkers maymay come from higher socioeconomic come from higher socioeconomic status groups due to their access to the Internet (Morewitz, 2003).status groups due to their access to the Internet (Morewitz, 2003).

1212

Comparing Real World Stalkers Comparing Real World Stalkers & Cyberstalkers& Cyberstalkers

Cyberstalkers may be anywhere in the world; the Cyberstalkers may be anywhere in the world; the uncertainty of their location increases the fear uncertainty of their location increases the fear factor.factor.

Cyberstalking facilitates the introduction of a Cyberstalking facilitates the introduction of a multiplicity of 3multiplicity of 3rdrd party stalkers, on-line or not. party stalkers, on-line or not.

Cyberstalking allows for harassment without Cyberstalking allows for harassment without physical confrontation — physical confrontation — anyoneanyone may be a may be a cyberstalker. cyberstalker.

Source: Magliozzi, 2007.Source: Magliozzi, 2007.

1313

The Fear FactorThe Fear Factor

The fear factor can be very real.The fear factor can be very real. In April 1999, Gary S. Dellapenta, a 50 year old former In April 1999, Gary S. Dellapenta, a 50 year old former

security guard in North Hollywood, pled guilty under security guard in North Hollywood, pled guilty under California law to one count of electronic stalking and California law to one count of electronic stalking and three counts of solicitation to commit sexual assault on a three counts of solicitation to commit sexual assault on a woman for using the Internet to solicit the rape of a woman for using the Internet to solicit the rape of a woman who rejected his romantic advances.woman who rejected his romantic advances.

He impersonated her in several chat rooms, posted her He impersonated her in several chat rooms, posted her telephone number, address, and claimed that she telephone number, address, and claimed that she fantasized about being raped.fantasized about being raped.

1414

The Fear FactorThe Fear Factor

On at least six occasions, men knocked On at least six occasions, men knocked on her door, wanting to help her fulfill her on her door, wanting to help her fulfill her fantasies.fantasies.

He faced up to six years in prison.He faced up to six years in prison. This cases illustrates some of the This cases illustrates some of the

problems of cyberstalking cases, problems of cyberstalking cases, jurisdictional issues and anonymity.jurisdictional issues and anonymity.

1515

Cyberstalking VictimsCyberstalking Victims

May be any age.May be any age. Persons identified as GLBTQ, or believed Persons identified as GLBTQ, or believed

to be GLBTQ, to be GLBTQ, maymay experience more experience more cyberstalking (Finn, 2004).cyberstalking (Finn, 2004).

A study of over 1500 youths, 10-17 years A study of over 1500 youths, 10-17 years of age (YOA), who regularly use the of age (YOA), who regularly use the Internet found, . . .Internet found, . . .

1616

Cyberstalking VictimsCyberstalking Victims

1/5 received an on-line sexual solicitation 1/5 received an on-line sexual solicitation in the past year, about ¼ of which induced in the past year, about ¼ of which induced fear or distress.fear or distress.

Girls (66%) were targeted about two times Girls (66%) were targeted about two times as often as boys (34%).as often as boys (34%).

About 24% of sexual solicitations reported About 24% of sexual solicitations reported were by adults.were by adults.

1717

Cyberstalking Victim ImpactCyberstalking Victim Impact

Can be just as threatening as “real world” Can be just as threatening as “real world” stalking.stalking.

Can lead to: Can lead to: • interference with daily activities, interference with daily activities, • fear for the safety of self & loved ones, fear for the safety of self & loved ones, • anxiety, anxiety, • mental anguish, mental anguish, • physical harm, and physical harm, and • even homicide even homicide • Sources: Kennedy, 2000; Lamberg, 2002; Finn, 2004.Sources: Kennedy, 2000; Lamberg, 2002; Finn, 2004.

1818

Cyberstalking on College CampusesCyberstalking on College Campuses

College populations may be particularly College populations may be particularly vulnerable for the following reasons:vulnerable for the following reasons:• They live in close & relatively closed They live in close & relatively closed

communities.communities.• They have access to high speed, broad band They have access to high speed, broad band

computer access.computer access.• They are technologically savvy.They are technologically savvy.• They fit the age demographic of many typical They fit the age demographic of many typical

stalking victims (18-29 YOA).stalking victims (18-29 YOA).

1919


A National Institute of Justice (1996) study A National Institute of Justice (1996) study estimates that 8% of women and 2% of men estimates that 8% of women and 2% of men have been stalked at some point in their lives.have been stalked at some point in their lives.

On college campuses, a National Institute of On college campuses, a National Institute of Justice (1998) study found that 13.1% of women Justice (1998) study found that 13.1% of women said they had been stalked during a 7-month said they had been stalked during a 7-month period in 1997, and 24.7% of all victims reported period in 1997, and 24.7% of all victims reported that the stalking included e-mail that the stalking included e-mail

Source: Fisher, Cullen, & Turner, 2000.Source: Fisher, Cullen, & Turner, 2000.

2020


Another study of one college campus Another study of one college campus found that between found that between • 26.6% & 35.2% of female students, and 26.6% & 35.2% of female students, and

between between • 14.7% and 18.4% of male students had been 14.7% and 18.4% of male students had been

stalked stalked • Source: Fremouw, Westrup, & Pennypacker, Source: Fremouw, Westrup, & Pennypacker,

1997.1997.

2121


• It is not hard to learn the daily patterns and It is not hard to learn the daily patterns and other key information about other students:other key information about other students:

Class schedulesClass schedules E-mail addressesE-mail addresses Phone numbersPhone numbers Student organizations & activitiesStudent organizations & activities Friends, significant others, roommates, etc.Friends, significant others, roommates, etc.

2222

New Cyber EnvironmentsNew Cyber Environments

MySpace.comMySpace.com FaceBookFaceBook Xanga.comXanga.com P2P networksP2P networks

• KazaaKazaa• BitTorrentBitTorrent• LimewireLimewire

2323

Future ForecastingFuture Forecasting

Increasing numbers of individuals will be using Increasing numbers of individuals will be using the Internet.the Internet.

As numbers increase, Internet crime will As numbers increase, Internet crime will increase. increase.

Internet addictions and/or compulsive on-line Internet addictions and/or compulsive on-line activities may increasingly be identified as activities may increasingly be identified as problematic and/or criminal behaviors.problematic and/or criminal behaviors.

2424

For EmployersFor Employers Have clear and precise monitoring policies (Acceptable Use Have clear and precise monitoring policies (Acceptable Use

Policies, AUP’s)Policies, AUP’s) Follow your AUP’s consistentlyFollow your AUP’s consistently Even if you own a device, have a monitoring policy, and pay for the Even if you own a device, have a monitoring policy, and pay for the

service, monitoring the content of a communication may not always service, monitoring the content of a communication may not always be appropriate, so be careful before automatically monitoring be appropriate, so be careful before automatically monitoring content.content.

Text messaging should be included in your AUP.Text messaging should be included in your AUP. At least in California, assuming that employee communications are At least in California, assuming that employee communications are

public records needs caution. public records needs caution. Source: Andrew Serwin, June 23, 2008, WI Technology Network.Source: Andrew Serwin, June 23, 2008, WI Technology Network.

2525

Cyberstalking & Free SpeechCyberstalking & Free Speech

There are legal limitations:There are legal limitations:• Death threatsDeath threats• Intimidation or extortionIntimidation or extortion• Threats or intimidation involving bias or Threats or intimidation involving bias or

discrimination based on race, gender, religion, discrimination based on race, gender, religion, sexual orientation, etc.sexual orientation, etc.

• Sexual exploitation Sexual exploitation • Source: Nancy Willard, J.D., Center for Safe Source: Nancy Willard, J.D., Center for Safe

& Responsible Internet Use& Responsible Internet Use

2626

Cyberstalking & Case LawCyberstalking & Case Law

United States v. Bowker, 372 F.3d 365 (6th Cir. United States v. Bowker, 372 F.3d 365 (6th Cir. 2004).2004).

United States v. Baker, 890 F. Supp. 1375 (E. D. United States v. Baker, 890 F. Supp. 1375 (E. D. Mich. June 21, 1995), aff’d. sub. nom., U.S. v. Mich. June 21, 1995), aff’d. sub. nom., U.S. v. Alkhabaz, 104 F 3d. 1492 (6th Cir. 1997).Alkhabaz, 104 F 3d. 1492 (6th Cir. 1997).

2727

Technological FixesTechnological Fixes

Blocking SoftwareBlocking Software EncryptionEncryption Filtering softwareFiltering software FirewallsFirewalls Monitoring and tracking softwareMonitoring and tracking software Outgoing filtering softwareOutgoing filtering software PasswordsPasswords

2828

Sources of AssistanceSources of Assistance

Cyber Angels Internet Safety ProgramCyber Angels Internet Safety Program• www.CyberAngels.orgwww.CyberAngels.org

Center for Safe & Responsible Internet UseCenter for Safe & Responsible Internet Use• http://cyberbylly.orghttp://cyberbylly.org

www.StalkingAssistance.comwww.StalkingAssistance.com www.getnetwise.orgwww.getnetwise.org Operation Safe SurfOperation Safe Surf

• www.attorneygeneral.govwww.attorneygeneral.gov WHOA – Working to Halt Online AbuseWHOA – Working to Halt Online Abuse

• http://www.haltabuse.org/http://www.haltabuse.org/

2929

Sources of AssistanceSources of Assistance

www.americalinksup.orgwww.americalinksup.org www.parentech.orgwww.parentech.org www.safekids.comwww.safekids.com <abuse@<domain name of provider><abuse@<domain name of provider> www.consumer.gov/idtheftwww.consumer.gov/idtheft www.privacyalliance.comwww.privacyalliance.com www.privacyrights.comwww.privacyrights.com www.safetyed.orgwww.safetyed.org www.haltabuse.orgwww.haltabuse.org

3030

Other RecommendationsOther Recommendations

Don’t share personal information in public Don’t share personal information in public online places, such as chat rooms and online places, such as chat rooms and newsgroups.newsgroups.

Create user names that are age and Create user names that are age and gender neutral.gender neutral.

Create separate e-mail accounts to use in Create separate e-mail accounts to use in chat rooms and newsgroups.chat rooms and newsgroups.

Send personal information only to secure Send personal information only to secure sites.sites.

3131


If unwanted contact occurs, send a clear If unwanted contact occurs, send a clear message that you will contact authorities if message that you will contact authorities if it continues & follow through.it continues & follow through.

Save print copies of all unwanted Save print copies of all unwanted communications, both e-mail & I-M.communications, both e-mail & I-M.

Contact local law enforcement if you feel Contact local law enforcement if you feel threatened—don’t wait.threatened—don’t wait.

3232


Avoid meeting on-line friends alone at all, Avoid meeting on-line friends alone at all, unless in a very public location. unless in a very public location.

Source: Finn, 2004.Source: Finn, 2004.

3333

internet stalking preventing & responding to injuries tuesday, october 28,2009 nona l. wood ...

Documents