Thursday, December 14

Section 13 (Cyberstalking) of (Lxxii 2009) is a Knock of Luck For Online Community

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Section 13 (cyberstalking) of (lxxii 2009) is a Knock of luck for online community

S.J.TUBRAZY

In very general terms, stalking refers to harassing or threatening behaviour that an individual engages in repeatedly towards another person. Put slightly more crudely, it is a pattern of goal-directed behaviour, both lawful and unlawful, promoted by a delusional and narcissistic perception of a relationshipand intended to empower the ‘predator’ to feel omnipotent and in control, while reducing the prey’s emotional stability to a stateof vulnerability and fearin quasi-legal terms, stalking canbe defined as a ‘willful course of conduct’ involving repeated or continuing harassmentof another individual that ‘actually causes the victim tofeel terrorized, frightened, intimidated, threatened, harassed or molestedand that would cause areasonable person to feel so.

The fact that cyberstalking does not itself involve physical contact may create the perception that it is not as serious as physical stalking. This is not necessarily true. As the Internet becomes an even more integral part of our personal and professional lives, stalkers can take advantage of the ease of communications, the Net’s instrusive capabilities, as well as increased access to personal information.In addition, the ease of use and non-confrontational, impersonal, and sometimes anonymous nature of Internet communications may remove disincentives to cyberstalking. Whereas a potential stalker may be unwilling or unable to confront a victim in person or on the telephone, he or she may have little hesitation sending harassing or threatening electronic communications to a victim, hiding behind some virtual alias. Finally, aswith physical stalking, online harassment and threats may be a prelude tomore serious behaviour, including physical violence.

In the Prevention of Electronic Crime Ordinance 2007 (Pakistan) the measures of cyberstalking has been engriped very clearly and comprehensively which are as under;

13. Cyber stalking

(1).Whoever with intent to coerce , intimidate, or harass any person uses computer, computer network, internet, network site ,electronic mail or any other similar means of communication to. –

(a). communicate obscene, vulgar, profane, lewd, lascivious , or indecent language, picture or image;

(b). make any suggestion or proposal of an obscene nature;

(c). threaten any illegal or immoral act;

(d). take or distribute pictures or photographs of any person without his consent or knowledge;

(e). display or distribute information in a manner that substantially increases the risk of harm or violence to any other person, commits the offence of cyber stalking.

(2). Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment of either description for a term which may extend to seven years or with fine not exceeding three hundred thousand rupees, or with both:

Provided if the victim of the cyber stalking under sub-section (1) is a minor the punishment may extend to ten years or with fine not less than one hundred thousand rupees, or with both.

Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. Lambèr Royakkers writes that;

Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he has no relationship (or no longer has), with motives that are directly or indirectly traceable to the affective sphere. Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect).

A number of key factors have been indentified,CyberAngels has written about how to identify cyberstalking;

False accusations. Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms or other sites that allow public contributions.

Attempts to gather information about the victim. Cyberstalkers may move toward their victim’s friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective. They often will monitor the victim’s online activities and attempt to trace their IP address in an effort to gather more information about their victims.

Encouraging others to harass the victim. Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his family in some way, or may post the victim’s name and telephone number in order to encourage others to join the pursuit.

False victimization. The cyberstalker will claim that the victim is harassing him.

Attacks on data and equipment. They may try to damage the victim’s computer by sending viruses.

Ordering goods and services. They order items or subscribe to magazines in the victim’s name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim’s workplace.

Cyberstalkers meet or target their victims by using search engines and online forums. They may engage in live chat harassment or flaming or they may send electronic viruses and unsolicited e-mails. Victims of cyberstalkers may not even know that they are being stalked. Cyberstalkers may research individuals to feed their obsessions and curiosity. Conversely, the acts of cyberstalkers may become more intense, such as repeatedly instant messaging their targets.

When prosecuted, many stalkers have unsuccessfully attempted to justify their behavior based on their use of public forums, as opposed to direct contact. Once they get a reaction from the victim, they will typically attempt to track or follow the victim’s internet activity. Classic cyberstalking behavior includes the tracing of the victim’s IP address in an attempt to verify their home or place of employment.

Some cyberstalking situations do evolve into physical stalking, and a victim may experience abusive and excessive phone calls, vandalism, threatening or obscene mail, trespassing, and physical assault. Moreover, many physical stalkers will use cyberstalking as another method of harassing their victims.

The online community can crop fruits of mental peace, security and advantages of advance technology of communication by enacting these cyber laws (cyberstalking ).   

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