Cyber Stalking

What is Cyber Stalking?

Cyber-stalking, simply put, is online stalking.
In other words, the use of the internet or other
electronic means to stalk or harass an individual, a
group of individuals, or an organization.

Definition

Although there is no universally accepted definition of cyberstalking, the

term is used in this report to refer to the use of the Internet, e-mail, or
other electronic communications devices to stalk another person.
Stalking generally involves harassing or threatening behavior that an
individual engages in repeatedly, such as following a person, appearing at
a persons home or place of business, making harassing phone calls,
leaving written messages or objects, or vandalizing a persons property.
Most stalking laws require that the perpetrator make a credible threat of
violence against the victim; others include threats against the victims
immediate family; and still others require only that the alleged stalkers
course of conduct constitute an implied threat.

Ways of Stalking
false accusations,
monitoring,
threats,
posting personal informations
Continuously following the victim in
online

How do Cyberstalkers meet their

Targets?

Types of Stalkers

Types of Stalkers
Rejected stalker has had an intimate relationship with the
victim (although occasionally the victim may be a family
member or close friend), and views the termination of the
relationship as unacceptable. Their behavior is characterized by
a mixture of revenge and desire for reconciliation.
Intimacy Stalker attempt to bring to fruition a relationship
with a person who has engaged their desires, and who they may
also mistakenly perceive reciprocates that affection.
Resentful stalkers harass their victims with the specific
intention of causing fear and apprehension out of a desire for
retribution for some actual or supposed injury or humiliation.
Predatory stalkers who stalk for information gathering
purposes or fantasy rehearsal in preparation for a sexual attack.

Other types
Delusional stalker: this one has a history of mental
illness which may include schizophrenia or manic
depression.
Erotomaniac: this stalker is also delusional and
mentally ill and believes he or she is in love with you and
will have created an entire relationship in their head.
Harasser stalker: some stalker types like to be the
centre of attention and may have an attention-seeking
personality disorder; they may not be stalkers in the
strict sense of the word but repeatedly pester anyone
(especially anyone who is kind, vulnerable or
inexperienced) who might be persuaded to pay them
attention.

Contd
Love rats: These may not be
sense of the word but they
characteristics. Love rats surf the
of starting relationships and
simultaneous relationships.

stalkers in the strict

have many similar
web with the intention
may have several

How they get data to stalk

others?
The proliferation of social media websites and features
like geotagging have made it remarkably simple to
trace various details about a person including
photographs, location, phone number, workplace and
preferences.

Who are all the victims?

Mostly women
celebrities or those who trust easily
who overshare

Motives behind Stalking

to control the victims.

rape threats and other threats of violence
posting of womens personal information
Sexual Harassment
Obsession for love - This could begin from an online romance,
where one person halts the romance and the rejected lover
cannot accept the end of the relationship. One of the problems
with obsession stalking is that since it often starts as real
romance, much personal information is shared between persons
involved. This makes it easy for the cyber stalker to harass their
victim.
Revenge & Hate

Where does cyberstalking occurs?

Email
News Groups/ Message Boards
Internet Sites
Chat Rooms
Third Party Instant Messages
Service User Profiles

Email
In this form of cyberstalking, the
cyberstalking sends email to the victim that
may be threatening, alarming, or anything
of a harassing nature. This is the most
commonly used form of cyberstalking.

News Group/ Message Boards

This type of cyberstalking usually occurs
when the offender post threatening or
defamatory statements that are directed
toward a specific group of people or an
individual.

Internet Sites
In this form of cyberstalking, the offender
can post very alarming or threatening
comments to a web site. The cyberstalker
could also create a website that contains
defamatory, personal, and degrading things
about a person.

Chat rooms
In this form of cyberstalking, the offender
has the capability to send threatening
material directly to the victim and real
time, and anyone else in the chat room is
allowed to view it.

The Most Popular Key Factors

Ordering goods and services
They order items or subscribe to magazines
in the victim's name.
Encouraging others to harass the victim
Many cyberstalkers try to involve third parties in the
harassment.
Attempts to gather information about
the victim
Cyberstalkers may approach their victim's
friends, family and work colleagues to obtain

Third Party instant Messages

This form of cyberstalking occurs when the
offenders has software that tracks when
the victim logs onto a messenger service,
and then proceeds to harass the victim in
real time.

Service User Profiles

This type of cyberstalking is when a user creates
a false profile pretending to be the victim. The
cyberstalking may post false information and
personal information such as, phone numbers
and addresses that directs unwanted attention
towards the victim.

Types of Stalking
Email Stalking: Direct communication through email.
Internet Stalking: Global communication through the
Internet.
Computer Stalking: Unauthorised control of another
persons computer.

Various ways of Stalking

Collect all personal information about the victim
such as name, family background, Telephone
Numbers of residence and work place, daily routine
of the victim, address of residence and place of
work, date of birth etc.
The stalker may post this information on any
website related to sex-services or dating services,
posing as if the victim is posting this information
and invite the people to call the victim on her
telephone numbers to have sexual services. Stalker
even uses very filthy and obscene language to
invite the interested persons.

Contd
People of all kind from nook and corner of the World,
who come across this information, start calling the
victim at her residence and/or work place, asking for
sexual services or relationships.
Some stalkers subscribe the e-mail account of the
victim to innumerable pornographic and sex sites,
because of which victim starts receiving such kind of
unsolicited e-mails.
Some stalkers keep on sending repeated e-mails asking
for various kinds of favors or threaten the victim.

Contd.

In online stalking the stalker can make third party to harass the
victim.
Follow their victim from board to board. Many times they will
blame their victim (becoming argumentative, insulting) to get
their attention.
Stalkers will almost always make contact with their victims
through email. The letters may be loving, threatening, or sexually
explicit. He will many times use multiple names when contacting
the victim.
Contact victim via telephone. If the stalker is able to access the
victims telephone, he will many times make calls to the victim to
threaten, harass, or intimidate them.
Track the victim to his/her home.

Laws on Cyber Stalking

Section 72A of IT Act : 2008

Amendment
any person including an intermediary who, while

providing services under the terms of lawful contract,

has secured access to any material containing
personal information about another person, with
the intent to cause or knowing that he is likely to
cause wrongful loss or wrongful gain discloses,
without the consent of the person concerned,
or in breach of a lawful contract, such material to any
other person shall be punished with imprisonment for
a term which may extend to three years, or with a
fine which may extend to five lakh rupees, or with
both.

Indian Penal Code

Section 441 of the Indian Penal Code, which covers
criminal trespass. If the victim is a woman,
Section 509 of the IPC, which covers word, gesture or
act intended to insult the modesty of a woman, is
applicable.

Section 354(D) - Criminal Law

Amendment Ordinance,2013
Under Section 354(D) if any person follows a woman and

tries to contact with her in order to foster personal

interaction despite the womans disinclination then he is
committing stalking.
Secondly, if a person monitors the use by a woman of the
internet, email or any other form of electronic
communication, he commits the offence of stalking.
shall be punished with imprisonment of either description
for a term which shall not be less than one year but shall
extend to three years and shall also be liable to fine.

Example for Section 354 (D)

Mr. X who was following Mrs. Y on Twitter but
was blocked for some reasons.
He made an another account and followed her
and commented on the posts of Mrs.Y.
He would be liable, prima facie, under section
354(D) for it fulfils the condition that he was
monitoring her since dictionary meaning of it is
to observe and check the progress or quality
of (something) over a period of time.

MANISH KATHURIA CASE / RITU

KOHLI CASE

The first reported case of cyber-stalking in India and the reason for
the 2008 amendment to the IT Act,
Manish Kathuria case involved the stalking of a woman named Ritu
Kohli.
Kathuria followed Kohli on a chat website, abused her by using
obscene language and then disseminated her telephone number to
various people.
Later, he began using Kohlis identity to chat on the website
www.mirc.com.
As a result she started receiving almost forty obscene telephone calls
at odd hours of the night over three consecutive days.
This situation forced her to report the matter to the Delhi Police. As
soon as the complaint was made, Delhi Police traced the IP addresses
and arrested Kathuria under Section 509 of the Indian Penal Code.

Issues in the Jurisdiction

Extradition treaty

Problems in enforcement
If the cyber stalker is from abroad

Tips to prevent stalking

Maintain vigilance over physical access to your
computer and other Web-enabled devices like
cell phones. Cyber-stalkers use software and hardware
devices (sometimes attached to the back of your PC
without you even knowing) to monitor their victims.
Be sure you always log out of your computer programs
when you step away from the computer and use a
screensaver with a password.
Make sure to practice good password management
and security. Never share your passwords with others.
And be sure to change your passwords frequently.

Contd
Do an online search for your name or
your family members now and then to
see whats available about you and your
family or friends online and be sure to
remove anything private or inappropriate.
Delete or make private any online
calendars or itineraries even on your
social network where you list events you
plan to attend. They could let a stalker know
where youre planning to be and when.

Contd
Use the privacy settings in all your online
accounts to limit your online sharing with
those outside your trusted circle. You can use
these settings to opt out of having your profile
appear when someone searches for your name.
Block people whom you dont want to see even
your display pictures or cover pictures on
Facebook etc.
As always, use good, updated security
software to prevent someone from getting
spyware onto your computer via a phishing attack
or an infected Web page.

Suggested Section for Cyber

Stalking
Section 66AA: Punishment for cyber-stalking:
(1) Any person who, with intent to harass, intimidate, torture,
annoy or embarrass another person, makes communication
by means of a computer resource or any other electronic
device, with such other person or a third party:
(a) using any obscene or indecent words, images or language
or suggesting the commission of an obscene or indecent act;
(b) anonymously and repeatedly irrespective of whether a
conversation occurs or not
is guilty of the crime of cyber-stalking.

Conclusion