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Cyberstalking: A Case Study Narrative
In a recent case, I defended the rights of an individual who was
being stalked in Cyberspace, by a pathological predator. While
the events were every bit as dangerous and palpable as a
physical world stalker, this woman, a working professional and a
mother of three (3) children was reduced into a crouching
fearful knot of nerves, afraid to answer her phone or walk her
dog in front of her own home.
The modus operandi of the perpetrator was to post pornographic
references and images, which were not of my client; along with
her actual business, home and cellular phone numbers.
This produced a response that can only be described as a cascade
of perverted responses and requests for various sex acts. When
she was successful to trace the site and inform them, the matter
was taken down. However, the creepy stalker would then set a new
site referencing similar material renewing the cycle of endless
calls, text messages and interruptions to her home and business.
The unwitting pawns in this serial attack – the men seeking
companionship -- had no idea they were not speaking with the
seductive and depraved image, but to a middle aged mother.
With means and resources, she was able to hire an investigator
and an attorney. She was also able to publicize her plight and
in fact there is an arrest imminent.
However, most victims do not have this type of team to react to
such an assault.
Presently forty five states carry Cyberstalking and related
laws. New Mexico has a pending bill; and four [4] states (Idaho,
Nebraska, New Jersey, Utah) and D.C. have no statutes at all
regarding these crimes.
There are also variances in the coverage, extent and scope of
such laws regarding online harassment of children or that focus
on child predators. With my client, we are addressing listed
laws that protect ( or are too weak to protect) adult
cyberstalking victims (or all victims of any age).
Recently, there was a national case involving Diana Digarmo (an
AMERICAN IDOL finalist) who was stalked continuously for more
than a year. She was able to confront here stalker – a woman –
through an error made in a posting by the stalker. That is not
normal, as these people have all presented themselves as being
very technically savvy and elusive.
Moreover, in the Digarmo case it only resulted in an arrest
because she was able to involve the FBI with a taped extortion
request.
Given the fact my client is in Florida, the protracted and
calculated response by the police is mostly due to the laws they
are able to enforce and the manpower they are able to apply.
In Florida there is H479 a law relating to Cyberstalking passed
and approved by Governor Jeb Bush on May 21 2003 and effective
as of October 1 2003.
Offense of Stalking; defines term "cyberstalk"
to mean communication by means of electronic mail or electronic
communication which causes substantial emotional distress & does
not serve legitimate purpose; includes within offenses of
stalking & aggravated stalking willful, malicious, & repeated
cyberstalking of another person; provides penalties, etc. Amends
784.048; reenacts 775.084(1)(d), 790.065(2)(c), 921.0022(3)(f),(g),
960.001(1)(b).
In Sum
1. With the benefit of our experience, in this case we have
learned there is insufficient strength and protection for
pivotal law enforcement action to remedy through adjudication.
2. We have therefore begun Legislation (pending), which we will
make available to you.
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