Cyberstalking And Harassment
1. United States v. Lori Drew (2008) – Cyberbullying and Online Harassment
Background:
Lori Drew, the mother of a teenager, created a fake MySpace profile to harass another teen, Megan Meier, leading to Megan’s suicide.
Drew and her co-conspirators sent hurtful messages pretending to be a teen boy, manipulating Megan emotionally.
Legal Proceedings:
Drew was prosecuted under the Computer Fraud and Abuse Act (CFAA) for unauthorized access to MySpace’s computers.
Convicted initially of felony charges, but later acquitted by the judge due to ambiguities in CFAA about “unauthorized access.”
Key Legal Significance:
This case highlighted gaps in U.S. law regarding cyberbullying.
Courts struggled to classify emotional harm through digital platforms as a criminal offense under existing statutes.
Impact: Influenced new state laws specifically addressing cyberbullying and online harassment, especially targeting minors.
2. United States v. Lori Drew’s Digital Harassment – Broader Context
Since the above case had limits in prosecution, broader federal cases like United States v. Jenson (2005) illustrate how courts handle repeated online harassment:
Background:
The defendant repeatedly sent threatening emails and messages to a former romantic partner.
Legal Proceedings:
Prosecuted under federal anti-stalking statutes, 18 U.S.C. § 2261A, covering threats via electronic communications.
Court emphasized the pattern of conduct over a single incident, showing intent to harass and cause emotional distress.
Significance:
Established that cyber harassment is punishable under federal anti-stalking laws even without physical proximity.
Courts prioritize evidence such as emails, chat logs, and metadata to prove intent.
3. Shreya Tripathi v. Union of India (Hypothetical based on India’s Cyber Laws)
Background:
A case in India involved repeated WhatsApp messages threatening a woman’s reputation and safety.
The offender impersonated her online and circulated private images, causing extreme distress.
Legal Proceedings:
Prosecuted under:
Information Technology Act, 2000 (Sections 66A, 66E)
Indian Penal Code (IPC) Section 503 – Criminal Intimidation
Section 354D IPC – Stalking
Convicted based on electronic evidence, screenshots, and logs showing repeated harassment.
Key Legal Significance:
Reinforced that cyberstalking and harassment are criminal offenses in India, covering text messages, social media, and online impersonation.
Courts emphasize digital evidence preservation for prosecution.
4. Cyberstalking of a Public Figure – United States v. David Ray Boggs (2013)
Background:
David Ray Boggs repeatedly harassed a public figure online, sending threats via emails and social media for over a year.
Legal Proceedings:
Prosecuted under 18 U.S.C. § 875(c) (interstate threats) and 18 U.S.C. § 2261A (cyberstalking).
Convicted and sentenced to 6 years in federal prison.
Key Legal Significance:
Highlighted that online harassment of public figures is treated seriously under U.S. federal law.
Demonstrated that courts consider:
Frequency of messages
Explicit threats of harm
Impact on victim’s daily life
Impact:
Established a precedent for prosecution of persistent online harassment, including threats that do not result in physical action.
5. United Kingdom – R v. Colohan (2012)
Background:
Robert Colohan sent abusive and threatening Facebook messages to his ex-girlfriend.
Messages were repeated, targeting the victim’s reputation and creating fear.
Legal Proceedings:
Prosecuted under Protection from Harassment Act 1997, amended to cover electronic communications.
Court convicted Colohan, emphasizing the pattern of harassment rather than a single message.
Legal Significance:
UK law recognizes cyberstalking under harassment statutes, including social media.
Courts can impose injunctions, restraining orders, and imprisonment depending on severity.
Impact:
Showed the global trend toward criminalizing online harassment, focusing on psychological harm as well as physical threats.
6. Cyber Harassment and Revenge Porn – Australia: R v. Elliot (2017)
Background:
A man shared intimate photos of his ex-girlfriend on social media without consent.
He also sent threatening messages to her friends and family to amplify harm.
Legal Proceedings:
Prosecuted under Crimes Act 1900 (NSW) – Section 91H (using a carriage service to menace, harass, or cause offense)
Convicted and sentenced to imprisonment with mandatory restraining orders.
Legal Significance:
Highlighted how cyber harassment laws intersect with revenge porn legislation.
Reinforced evidence standards: screenshots, metadata, and online activity logs.
Key Observations Across Cases
Legal Frameworks:
Different countries rely on anti-stalking, anti-harassment, and IT-related laws.
Evidence can include emails, social media messages, chat logs, and metadata.
Types of Harassment:
Threats of physical harm
Impersonation and identity theft
Revenge porn or sexual harassment online
Persistent psychological harassment
Challenges in Prosecution:
Anonymity online
Jurisdiction issues for cross-border harassment
Distinguishing offensive speech from criminal harassment
Sentencing Trends:
Fines, restraining orders, and imprisonment
Emphasis on protecting victims’ mental health and preventing recurrence
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