Video: Cyber Harassment and Cyber Stalking: The New Frontier of Civil Rights in the Twenty-First Century

By Carolyn Davies, Contributing Content Blogger

Hello, I've discovered and am sharing a lengthy but worthy video from Case University School of Law in the US. The first 10 minutes are background room noise with no speaker so fast forward your cursor prompt to roughly 9:45 inwards for the main introduction and 15:26 for the true start.The video discussion seminar is Cyber Harassment and Cyber Stalking: The New Frontier of Civil Rights in the Twenty-First Century. It's a bit dry but worth viewing. Raised are important questions facing us today and in the future with civil rights or free speech and how it bands to the legal processes not only in the US but around the democratic world.

Cyber harassment is not a patch problem.

By Abigail Clarke: Contributing Content Blogger

I've always been of the mind it's a mistake to approach the fixing of any problem from the outside in.  How many times have we seen the patch method applied to anything from relationships to government policy? We do this time and again even though we know truly solving any problem is to deal with it at its root! The same concept applies to that of cyber harassment. General beliefs of legislators are to handle the issue by passing new laws and laws are beginning to pop up everywhere. Having good laws in place restricting or at least discouraging the criminal actions of those who harm others on the Internet is a proper and necessary thing to do. A framework and structure is quite necessary but this is merely a step toward the solution. 

A complete solution can only occur when in conjunction with laws cyber harassment is addressed in the home. It starts firstly with the parents and should be reinforced by those adults managing young people in educational systems. The real solution to this problem requires an overhaul in the thinking of young people or what you might say a reprogramming of human interaction. It's here where the consistent teaching and encouragement of empathy for others comes in.  It's also important to keep communication open assuring young people they are safe to tell about what is going on. 

I shouldn't have to tell parents or other adults to demonstrate by example!  It's well known that young people from all cultures observe adults in the home and use these observations as the framework for their own beliefs and behaviours. This is not a patch fix,so let’s not get caught in the mind trap of thinking it is.

(Series Piece 10) Anna Kavanaugh - Syndicated Columnist - Weekly Column - Cyber Abuse: The Virtual Violent Crime

By David Simms, Senior Contributor

The Global Institute for Cyber Safety and Standards

Today we proudly publish for syndication this week's installment of our featured columnist, Anna Kavanaugh, and her brilliant column, Cyber Abuse: The Virtual Violent Crime. This is Series Piece 10 and an excellent read in her column series. Anna's is a distinctive and ardent voice of expertise and wisdom in defining and describing what she rightly deems a global pandemic of virtual confusion whereby a societal breakdown of empathy and compassion confuse and pose serious threat to legal boundaries and civilised conduct. In this piece she discusses the exploitation of search engines used by cyber-abusers in 'victim kill' campaigns to damage the reputations and lives of their victims. It is our honour to now present you with another perceptive and powerful installment of Anna's weekly column. Comments are open on the full article page for feedback and to encourage discussion.

Cyber Abuse: The Virtual Violent Crime. (Series Piece 10)

Written by Anna Kavanaugh, Syndicated Columnist

Published for syndication by: The Global Institute for Cyber Safety and Standards (GICSS)

If you are in the business of information, you had better get it right.

Search engines. We use them every day. Google, Bing, Dogpile, Yahoo, and all the others, give us immediate access to infinite amounts of organized data that we can use to learn something we did not know, keep up with world events, connect and communicate with others, or simply feed the insatiable and voyeuristic curiosities so many people somehow find time to indulge themselves in. The immense index that serves as the roadmap for our individual online experience in navigating the World Wide Web is now such a seamless part of daily life that most of us would feel lost or anxious without it. By way of gradual conditioning, the subconscious notion has been ingrained in us that tangible resources such as dictionaries, encyclopedias, and other general reference materials, have become less reliable and far more cumbersome sources of information. That is both a sad and incredibly frightening reality.

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What happens when social media forums are used for credible threats?

By Abigail Clarke: Contributing Content Blogger

Quite recently, the Supreme Court in the US heard a case concerning what exactly constitutes a threat made through social media sites such as Facebook and Twitter. A man was sentenced to 44 months in prison for making credible threats toward his ex-wife over Facebook and properly so in my view of things. What maddens me is this bit. This man somehow caught the ear of the high court in the states who were willing to hear his case as to why his sentence was wrong. Pardon? This was allowed? There should be no interpretation about the matter. We already know that threats made online are often carried out in the real world. People are killed or injured. Despite the reality scare, in court it was argued under the US Constitution and federal threat statute that a jury there must not only find that a reasonable person would interpret words seen online as threatening but that the harasser actually intended the words to be threatening. This sounds like picking at horse hairs to me. The man who made the threats that were identified at the time as credible, in court tried to say of course he was “joking” around and just having a bit of “venting” so that he never intended to act on any of the statements he made. What else might he say when trying to get off a 44 month prison sentence? Assuming for a moment that he was really just joking it wasn't taken that way by his ex-wife who experienced mental trauma as a woman. She knew him, had been married to him, and knew well and firsthand of his violent tendencies and behaviours. Therefore these threats were credible and an ongoing demonstration of the abuse she'd already endured in the marriage. The US Supreme Court is set to make a ruling on this case this year but what really is there to consider in this case? Using social media in the way this man did is another method of cyber stalking and should be treated as such.

Cyber-Stalking Is Not About Sex

By David Simms, Senior Contributor

The Global Institute for Cyber Safety and Standards 

The psychology of cyber-stalking remains largely misunderstood with many incorrectly assuming it involves an element of sexual obsession. Research findings point to other factors. It is seen as motivated by hostility and aggressive behaviours stemming from power and control issues rather than material gain or sexual obsession. Cyber-stalking is fueled by rage and anger that, in many cases, is triggered by a victim’s action or inaction. The research suggests the number of cyber-stalking incidents will continue to mount, in part, because the internet presently provides a safe-haven in which an offender can theoretically hide and conceal their identity behind a shroud of anonymity. This is one of the primary differences between real-world stalking and that of the cyber-variety. Because these stalkers typically have a high level of computer proficiency and aptitude, they can be more skilled at avoiding or evading detection and therefore, accountability. Also, whereas in traditional stalking cases the offender and victim often live or work within relatively close proximity, cyber-stalkers could be harassing their victim from next door, a library in the next state, or even another country. 

Cyber-stalking rarely involves direct physical contact and so, unfortunately, most police officers intaking reports of this crime tend to minimize their seriousness and dismiss the victim’s fears as a nuisance. This is beginning to change in the UK for example as stricter more serious resolutions are passed, but in the US this is still much the case. In reality, cyber-stalking cases can easily escalate to other more dangerous and disturbed behaviours, some ending in violence and death.

An oft overlooked aspect to cyber-stalking is that it doesn’t necessarily include one perpetrator. Even though most stalkers act alone, the internet has made it much easier for cyber-stalkers to conspire and incite third-parties to harass victims in chat rooms, discussion boards, and other social networking platforms. In fact, researchers have coined the term ”stalking by proxy” to describe the process by which cyber-stalkers lure others such as family members and friends to aid in harassing the victim. Some cyber-stalkers have even been known to hire private investigators to follow and report on the victim’s daily activities and whereabouts. 

There is no doubt cyber-stalking continues to evolve at an astonishing rate in all parts of the world. With each new development in technology, a new avenue for cyber-stalkers opens up. Part of the solution must come from the allowance of law agencies everywhere to use the same technologies being developed, to swiftly identify and act. At current trends, this is becoming vitally necessary – and something, by the way, that supersedes any bickering about free speech as is bandied about so much in America in particular due to their constitutional documents their society is based upon.

Singapore isn't ignoring Cyber Harassment

By Carolyn Davies, Contributing Content Blogger

Published less than a year ago, this video produced by the Singapore government is a perfect example of a government acknowledging the serious growing problem of cyber harassment.

Post Code Lottery in the UK?

By David Simms, Senior Contributor

In the United Kingdom, there have been many reports suggesting that the authorities do not crack down equally on cyber-crime depending on the region. The large disparity in support and interest taken by law enforcement has led many citizens to begin calling the situation a ‘post-code lottery’ despite clear national ordinances addressing the issue for all communities. The general consensus seems to be that the police are not interested at all in cases of online harassment. Maybe this is because, with the current state of the system, cyber cases are still very difficult to prosecute.

Law enforcement in different countries has been dealing with crime in a traditional sense for so long it appears some are slipping behind the times.  Along with development of new technologies, there has been a social evolution taking place at an exponential rate.  This means that crimes and the way they are committed, are changing faster than society or law enforcement can deal with effectively. When the nature of crime changes as it has with the growth of the internet, law enforcement must accommodate accordingly. The fact is, law enforcement has the means to identify, apprehend and prosecute cyber offenders but they are still operating to a large degree within a system that is outdated. It is also a fact that officials in current decision-making positions are from an older generation accustomed to dealing with things a particular way. This can be a source of hindrance and constraint for officers on the ground. 

We live in a world where technology can easily become obsolete within 6 months so it critical that our protectors stay current and equipped with the latest technology available but just as importantly, that they are educated and knowledgeable about the way criminals think in today’s world.  

The United Nations Weighs in on Cyber Hate

By Carolyn Davies, Contributing Content Blogger

Although this meeting occurred a few years ago, United Nations Secretary-General, Ban Ki-moon speaks about the position of the United Nations on the problem of cyber hate.  It is recognised as a valid worldwide issue that must be addressed.

Online Defamation and Detection

David Simms, Senior Contributor

In all our experience dealing with cyber offenses, the topic of defamation comes up repeatedly. Although defamation laws vary from country to country, they all have the common thread that you can’t make remarks about someone if it results in damage to them. According to the United Nations International Covenant on Civil and Political Rights, "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation and that everyone has the right to the protection of the law against such interference or attacks."

Cyber harassers have become wise to the fact that what they say online can bring legal action against them. This is a primary reason most go to such great lengths in hiding their identities. In countries such as China where online defamation laws are some of the strictest, it is seen that cyber attacks are not diminished as much as would be expected. Even though a single defamation comment can land a Chinese citizen in jail for up to three years, if they are not traced, nothing is done. It is true that many continue to avoid prosecution because of this.The root of the problem then seems to be in the identification of cyber harassers wherever they originate. Unfortunately, along with the advancement of technology and modes of accessing the internet has come greater difficulty in tracing cyber criminals. Smartphone devices are now used more than any other device to access the internet. However, even smartphone users cannot escape being identified indefinitely. Methods are already available to law enforcement agencies around the world and are becoming less expensive to pursue. 

If cyber criminals would live in fear of being identified immediately for their harassment, we would see a dramatic decrease in their ruinous activity and damage assigned to their victims.

Fighting Cyber Crime

By David Simms, Senior Contributor

It is always inspiring to see attempts at forging new and meaningful laws to fight against cyber-crimes. The lines are typically drawn in the sand between those wanting to crack down on cyber criminals holding them accountable while making them stop their destructive activity on the internet and those complaining that privacy rights of citizens will be surrendered. Canada is in the midst of such a debate now. Some lawmakers are attempting to pass a bill that makes cyber criminals accountable for their actions by allowing law enforcement to identify and pursue them.  It has unfortunately spurred the expected backlash among groups of citizens and journalism institutions.

The backlashers are concerned about their government gaining too much control if the law is enacted because it would allow law enforcement the right to track and record information on any individual they deem suspect.  Journalists worry they might be targeted if they happen to cross the line with sensitive topics, placing constraints on their ability to do accurate and proper reporting. Those in favor of the bill say that cyber criminals must be hit hard, and where it counts. Keeping the existing status quo will do nothing but encourage the growing problem.  It is feared that if laws are not created to curb internet harassment, the already damaging activity will continue to spiral out of control.

If bills like the one in Canada are voted down, it sends the message loud and clear to those perpetrating their cyber hate, to continue doing it.  It implies everyone has the right to hurt others as they deem fit, even if it causes loss of life.  In this case, the media’s interests happen to greatly benefit cyber criminals. They are using their medium to drum up an exaggerated public perception that the law would be a step toward unwarranted privacy invasion by the government. 

As the new congressional cycle is about to begin, we should be praying and supporting those in favor of this bill.  Cyber criminals need something to be scared of.

On Guard Online

By Carolyn Davies, Contributing Content Blogger

The American U.S. federal government has a website called, OnGuardOnline.gov, and is designed to help citizens be safe online. The purpose of the site is to educate about cyber issues and offer tools in preventing offenses before they start. The site appears to have a range of information geared toward parents, educators, and others to help prevent cyberbullying and other offenses made through technology. Resources can be downloaded or sent out in hard-copy form.  

The following link is a video posted on the site aimed at younger children and talking about the very basics of cyberbullying. http://www.onguardonline.gov/media/video-0005-stand-cyberbullying

This is the right idea and there is still so much that people need to be educated on about this troubling issue.  In getting to the root of the problem and finding solutions to it, education needs to begin very early in life.  Cyber harassment in all its forms, is a social problem that will require concerted efforts between parents, teachers, and any youth organisation and so I commend the efforts behind websites such as this. Please watch and share. 

Risky business

By Abigail Clarke: Contributing Content Blogger 

Cyber victims around the world need to know they are not alone!  There are people out there who understand this problem and can be trusted. They need to know there are still people with integrity and honor. The abusive and hateful nature we see on the internet today is a result of people allowed too much freedom.  Human nature tends toward chaos and lawlessness when not governed. Laws must be in place to give society structure, and they are in place for a multitude of other situations already. The internet however is not structured as much as it should be and lacks proper laws that would prevent the heartache and severe damage occurring in people’s lives right now worldwide.  

Adults act like children and children act like reckless adults. Existing cyber laws vary from country to country and in many cases are lacking completely. There is no international governance and no consistency. How then can we expect people to be kind to one another when they have the avenue to unleash their own pent up pain and self hate against others they don’t even know and in many cases they can do it without being identified.

Rising Awareness

By Abigail Clarke: Contributing Content Blogger 

It astonishes me when I think of the rise in awareness toward cyber bullying and other cyber hate crimes. There is so much great work done now to spread the word and expose the problem. More people today know about the life consuming nature of cyber hate than ever before in history and the number is growing. I've not got the numbers, but it may appear cyber hate crimes and the resulting deaths caused by them are increasing and this is spite of all the progress. Any monumental problem requires monumental effort to tackle it. Hope is not lost! This is one of the primary reasons the Global Institute for Cyber Safety and Standards was established. The importance of sustaining the momentum set well in motion throughout the world is to not only uncover injustices terrorising our children and other internet users, but to offer a launch pad for fighting the issue head on. Through education, we are reaching millions, but education alone may not be enough. We must inspire people who hear the message, to act.  This is an age old difficulty that can be seen even in the chambers of lawmakers in all countries.

Certain countries are getting tough by passing laws that hold cyber terrorists accountable for the damage they cause. It is not as easy as it sounds. The majority of countries are still concerned about the overall effect such laws will have on their citizens and are thus hesitant to implement anything similar. Those bold enough to pioneer new laws governing cybercrimes are true global leaders. They set a precedent for the rest, allowing others a front row seat as to their effectiveness.