网络跟踪评估的预防和保护措施 [4]
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关键词:网络跟踪Law Essay侵犯隐私电子信息
摘要:本文是一篇关于网络跟踪的Law Essay,网络跟踪,是指一个人在网络上被跟随和追踪,他/她的线上隐私被入侵,并且他/她的一举一动都受到监视。随后当事人会受到骚扰,这会破坏他/她的生活并且/或经常害怕受到威胁。
y, this type of cybercrimes is expected increase phenomenally over the coming years. [9]
Cyber Stalking
Background:
The term stalking acquired broad public recognition in the west during the mid-1990s when a number of criminal cases were widely reported in the media in which the offender had repeatedly subjected his or her victim to either criminal behaviour or forms of harassment which fell short of being criminal. In response to the increasing number of incidents of stalking coming to the attention of the criminal justice system, new legislations were introduced in countries like UK and USA. The Protection from Harassment Act, 1997 of UK and Model Anti-Stalking Code by the National Institute of Justice of USA, for the adoption by its States [10] are examples of these efforts. [11]
Definition:
Model Anti-Stalking Code issued by US National Institute of Justice defines the term stalking as:
“a course of conduct directed at a specific person that involves repeated visual or physical proximity, non consesual communication, or verbal, written or implied threats, or a combination there of, that would cause a reasonable person fear.” [12]
The University of Virginia defines stalking as “Behavior wherein an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person which reasonably and seriously alarms, torments, or terrorizes that person. [13] Bocij & McFarlane define cyber stalking as: A group of behaviours in which an individual, group of individuals or organisation, uses information and communications technology t harass another individual, group of individuals or organization. [14]
In a cyber stalking, a person is followed and pursued online his/her privacy is invaded and his/her every move is watched. He/she is subsequently harassed only to disrupt his/her living and/or often intimidated to be afraid or threatened. Once they confirm access by the victim, they follow the victim and harass and later make telephonic contacts to develop intimacy and if possible sexually exploits them. [15] Stalking generally involves harassing or threatening behaviour that an individual engages in repeatedly, such as following a person, appearing at a person’s home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person’s property. Cyber stalking involves, following a person’s movements across the Internet by posting messages on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. [16]
Most stalking laws require that the perpetrator make a credible threat of violence against the victim; others include threats against the victim’s immediate family; and still others require only that the alleged stalker’s course of conduct constitute an implied threat. While some conduct involving annoying or menacing behaviour might fall short of illegal stalking, such behaviour may be a prelude to stalking and violence and should be treated seriously. [17] The stalkers are motivated by either or all of the four reasons, namely: (i) sexual harassment, (ii) obsession for love, (iii) revenge and hate, (iv) ego and power trips [18] . Stalkers are individuals who are obsessed and very often intimidate the victims and provide repeated messages f
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