Old Codger
2008-01-19 14:42:01 UTC
On Sat, 19 Jan 2008 10:59:56 +0000, Malcolm
Can I suggest you expand your legal knowledge, such as it is, by looking
up exactly what is entailed in the offence of "stalking", or indeed
"cyber-stalking"? Responding to someone's posts on a public forum such
as an internet newsgroup does NOT fall within the definition.
For you to squeal about "stalking" merely reveals your total inability
to cope with the results of your own posting.
Interesting to see your post confirms you are fully aware of what
cyberstalking is and it's legal implications. This means, in short,
you are fully cognizant to the suffering of your victims. Although
ignorance was never a plea in court!
The following fits you and *the gang* to a T in each and every section
and I should advise all parties concerned at your bullying should
archive this post for future use.
The following is a reference to cyberstalking as practiced by the
following stalkers/bullies
Cyberstalking
Cyberstalking is the use of the Internet or other electronic means to
stalk someone.
It has been defined as the use of information and communications
technology, particularly the Internet, by an individual or group of
individuals, to harass another individual, group of individuals, or
organization. The behavior includes false accusations, monitoring, the
transmission of threats, identity theft, damage to data or equipment,
the solicitation of minors for sexual purposes, and any form of
aggression. The harassment must be such that a reasonable person, in
possession of the same information, would regard it as sufficient to
cause another reasonable person distress.
Definitions
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).
CyberAngels has written about how to identify cyberstalking:
When identifying cyberstalking "in the field," and particularly when
considering whether to report it to any kind of legal authority, the
following features or combination of features can be considered to
characterize a true stalking situation: malice, premeditation,
repetition, distress, obsession, vendetta, no legitimate purpose,
personally directed, disregarded warnings to stop, harassment, and
threats.
Paul Bocij identifies a number of key factors:
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
for this purpose. They post allegations about the victim to newsgroups
and chat rooms.
Attempts to gather information about the victim. Cyberstalkers may
approach 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.
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. Bocij writes that this phenomenon has been noted in a
number of well-known cases.
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.
Arranging to meet. Young people face a particularly high risk of
having cyberstalkers try to set up meetings between them.
Behaviors
Cyberstalkers meet or target their victims by using search engines,
online forums, bulletin and discussion boards, chat rooms, Wikipedia,
and more recently, through online communities such as MySpace,
Facebook, Friendster and Indymedia, a media outlet known for
self-publishing. 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.
More commonly they will post defamatory or derogatory statements about
their stalking target on web pages, message boards and in guest books
designed to get a reaction or response from their victim, thereby
initiating contact. In some cases, they have been known to create fake
blogs in the name of the victim containing defamatory or pornographic
content.
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.
A 2007 study, led by Paige Padgett from the University of Texas Health
Science Center, found that there was a false degree of safety assumed
by women looking for love online.
Cyberstalking legislation
In the United States
The first U.S. cyberstalking law went into effect in 1999 in
California. Other states include prohibition against cyberstalking in
their harassment or stalking legislation. In Florida, HB 479 was
introduced in 2003 to ban cyberstalking. This was signed into law on
October 2003.
Some states in the U.S. have begun to address the issue of
cyberstalking:
Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire and New
York have included prohibitions against harassing electronic, computer
or e-mail communications in their harassment legislation.
Alaska, Florida, Oklahoma, Wyoming, and California, have incorporated
electronically communicated statements as conduct constituting
stalking in their anti-stalking laws.
Texas has the Stalking by Electronic Communications Act, 2001.
A few states have both stalking and harassment statutes that
criminalize threatening and unwanted electronic communications.
Other states have laws other than harassment or anti-stalking statutes
that prohibit misuse of computer communications and e-mail, while
others have passed laws containing broad language that can be
interpreted to include cyberstalking behaviors
Cyberstalking has also been addressed in recent U.S. federal law. For
example, the Violence Against Women Act, passed in 2000, made
cyberstalking a part of the federal interstate stalking statute.
Still, there remains a lack of legislation at the federal level to
specifically address cyberstalking, leaving the majority of
legislative prohibitions against cyberstalking at the state level.
Most stalking laws require that the perpetrator make a credible threat
of violence against the victim; others include threats against the
victim's immediate family; and still others require the alleged
stalker's course of conduct constitute an implied threat. While some
conduct involving annoying or menacing behavior might fall short of
illegal stalking, such behavior may be a prelude to stalking and
violence and should be treated seriously.
Online identity stealth blurs the line on infringement of the rights
of would-be victims to identify their perpetrators. There is a need to
debate how internet use can be traced without infringing on protected
civil liberties.
In other countries
Other countries have begun to include online abuse in their
anti-stalking legislation. In Australia, the Stalking Amendment Act
(1999) includes the use of any form of technology to harass a target
as forms of "criminal stalking." In the United Kingdom, the Malicious
Communications Act (1998) classified cyberstalking as a criminal
offense.
Cyberstalking law enforcement
Law enforcement has often not caught up with the times, and officials
are in many cases simply telling the victims to avoid the websites
where they are being harassed or having their privacy violated. Some
assistance can be found by contacting the web host companies (if the
material is on a website) or the ISP of the abuser. Many victims note
that persistence is a key. At times the seriousness of the impact of
this type of violation is not comprehended and the third party
facilitators of cyberstalkers tell the victim to work it out with
their harasser.
Current US Anti-Cyber-Stalking law is found at 47 USC sec. 223.
Complaints about conduct should be addressed to the following. Today
we concentrate on Mr Ogilvie.
Dr Malcolm Alexander Ogilvie
Glencairn, Bruichladdich, Isle of Islay, PA49 7UN
Phone: 01496-850218. Fax: 0870-164-1397
e-mail: ***@indaal.demon.co.uk
employee of SNH and undercover stooge for RSPB,regional representative
BTO,vice-county recorder for the Botanical Society,
his SNH address is
Dr Malcolm Ogilvie
Great Glen House,
Leachkin Road,
Inverness,
IV3 8NW
Tel/fax: 01463 725002
Email: ***@ogilvie.org
If you have a complaint about the conduct of a representative of SNH,
you may take it to the Standards Commission for Scotland,
Forsyth House
Innova Campus
Rosyth Europarc
ROSYTH
Fife
KY11 2UU
Tel: 01383 428061 Fax: 01383 428020
although initially complaints should be addressed thus
http://www.snh.org.uk/about/ab-cc05.asp
Ian Jardine
Chief Executive
Scottish Natural Heritage
Great Glen House
Leachkin Road
INVERNESS
IV3 8NW
You should also complain about his conduct to
Andy CLEMENTS - Director
British Trust for Ornithology
BTO, The Nunnery, Thetford, Norfolk IP24 2PU
Tel: +44 (0)1842 750050 Fax: +44 (0)1842 750030 Email: ***@bto.org
Botanical Society of the British Isles,
The Natural History Museum,
Cromwell Road, London, SW7 5BD
Stop stalking me.
Oh diddums.Can I suggest you expand your legal knowledge, such as it is, by looking
up exactly what is entailed in the offence of "stalking", or indeed
"cyber-stalking"? Responding to someone's posts on a public forum such
as an internet newsgroup does NOT fall within the definition.
For you to squeal about "stalking" merely reveals your total inability
to cope with the results of your own posting.
cyberstalking is and it's legal implications. This means, in short,
you are fully cognizant to the suffering of your victims. Although
ignorance was never a plea in court!
The following fits you and *the gang* to a T in each and every section
and I should advise all parties concerned at your bullying should
archive this post for future use.
The following is a reference to cyberstalking as practiced by the
following stalkers/bullies
Cyberstalking
Cyberstalking is the use of the Internet or other electronic means to
stalk someone.
It has been defined as the use of information and communications
technology, particularly the Internet, by an individual or group of
individuals, to harass another individual, group of individuals, or
organization. The behavior includes false accusations, monitoring, the
transmission of threats, identity theft, damage to data or equipment,
the solicitation of minors for sexual purposes, and any form of
aggression. The harassment must be such that a reasonable person, in
possession of the same information, would regard it as sufficient to
cause another reasonable person distress.
Definitions
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).
CyberAngels has written about how to identify cyberstalking:
When identifying cyberstalking "in the field," and particularly when
considering whether to report it to any kind of legal authority, the
following features or combination of features can be considered to
characterize a true stalking situation: malice, premeditation,
repetition, distress, obsession, vendetta, no legitimate purpose,
personally directed, disregarded warnings to stop, harassment, and
threats.
Paul Bocij identifies a number of key factors:
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
for this purpose. They post allegations about the victim to newsgroups
and chat rooms.
Attempts to gather information about the victim. Cyberstalkers may
approach 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.
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. Bocij writes that this phenomenon has been noted in a
number of well-known cases.
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.
Arranging to meet. Young people face a particularly high risk of
having cyberstalkers try to set up meetings between them.
Behaviors
Cyberstalkers meet or target their victims by using search engines,
online forums, bulletin and discussion boards, chat rooms, Wikipedia,
and more recently, through online communities such as MySpace,
Facebook, Friendster and Indymedia, a media outlet known for
self-publishing. 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.
More commonly they will post defamatory or derogatory statements about
their stalking target on web pages, message boards and in guest books
designed to get a reaction or response from their victim, thereby
initiating contact. In some cases, they have been known to create fake
blogs in the name of the victim containing defamatory or pornographic
content.
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.
A 2007 study, led by Paige Padgett from the University of Texas Health
Science Center, found that there was a false degree of safety assumed
by women looking for love online.
Cyberstalking legislation
In the United States
The first U.S. cyberstalking law went into effect in 1999 in
California. Other states include prohibition against cyberstalking in
their harassment or stalking legislation. In Florida, HB 479 was
introduced in 2003 to ban cyberstalking. This was signed into law on
October 2003.
Some states in the U.S. have begun to address the issue of
cyberstalking:
Alabama, Arizona, Connecticut, Hawaii, Illinois, New Hampshire and New
York have included prohibitions against harassing electronic, computer
or e-mail communications in their harassment legislation.
Alaska, Florida, Oklahoma, Wyoming, and California, have incorporated
electronically communicated statements as conduct constituting
stalking in their anti-stalking laws.
Texas has the Stalking by Electronic Communications Act, 2001.
A few states have both stalking and harassment statutes that
criminalize threatening and unwanted electronic communications.
Other states have laws other than harassment or anti-stalking statutes
that prohibit misuse of computer communications and e-mail, while
others have passed laws containing broad language that can be
interpreted to include cyberstalking behaviors
Cyberstalking has also been addressed in recent U.S. federal law. For
example, the Violence Against Women Act, passed in 2000, made
cyberstalking a part of the federal interstate stalking statute.
Still, there remains a lack of legislation at the federal level to
specifically address cyberstalking, leaving the majority of
legislative prohibitions against cyberstalking at the state level.
Most stalking laws require that the perpetrator make a credible threat
of violence against the victim; others include threats against the
victim's immediate family; and still others require the alleged
stalker's course of conduct constitute an implied threat. While some
conduct involving annoying or menacing behavior might fall short of
illegal stalking, such behavior may be a prelude to stalking and
violence and should be treated seriously.
Online identity stealth blurs the line on infringement of the rights
of would-be victims to identify their perpetrators. There is a need to
debate how internet use can be traced without infringing on protected
civil liberties.
In other countries
Other countries have begun to include online abuse in their
anti-stalking legislation. In Australia, the Stalking Amendment Act
(1999) includes the use of any form of technology to harass a target
as forms of "criminal stalking." In the United Kingdom, the Malicious
Communications Act (1998) classified cyberstalking as a criminal
offense.
Cyberstalking law enforcement
Law enforcement has often not caught up with the times, and officials
are in many cases simply telling the victims to avoid the websites
where they are being harassed or having their privacy violated. Some
assistance can be found by contacting the web host companies (if the
material is on a website) or the ISP of the abuser. Many victims note
that persistence is a key. At times the seriousness of the impact of
this type of violation is not comprehended and the third party
facilitators of cyberstalkers tell the victim to work it out with
their harasser.
Current US Anti-Cyber-Stalking law is found at 47 USC sec. 223.
Complaints about conduct should be addressed to the following. Today
we concentrate on Mr Ogilvie.
Dr Malcolm Alexander Ogilvie
Glencairn, Bruichladdich, Isle of Islay, PA49 7UN
Phone: 01496-850218. Fax: 0870-164-1397
e-mail: ***@indaal.demon.co.uk
employee of SNH and undercover stooge for RSPB,regional representative
BTO,vice-county recorder for the Botanical Society,
his SNH address is
Dr Malcolm Ogilvie
Great Glen House,
Leachkin Road,
Inverness,
IV3 8NW
Tel/fax: 01463 725002
Email: ***@ogilvie.org
If you have a complaint about the conduct of a representative of SNH,
you may take it to the Standards Commission for Scotland,
Forsyth House
Innova Campus
Rosyth Europarc
ROSYTH
Fife
KY11 2UU
Tel: 01383 428061 Fax: 01383 428020
although initially complaints should be addressed thus
http://www.snh.org.uk/about/ab-cc05.asp
Ian Jardine
Chief Executive
Scottish Natural Heritage
Great Glen House
Leachkin Road
INVERNESS
IV3 8NW
You should also complain about his conduct to
Andy CLEMENTS - Director
British Trust for Ornithology
BTO, The Nunnery, Thetford, Norfolk IP24 2PU
Tel: +44 (0)1842 750050 Fax: +44 (0)1842 750030 Email: ***@bto.org
Botanical Society of the British Isles,
The Natural History Museum,
Cromwell Road, London, SW7 5BD