DIGITAL PREDATORS: THE GROWING EPIDEMIC  OF CYBERSTALKING – Neha Jadhav

DIGITAL PREDATORS: THE GROWING EPIDEMIC  OF CYBERSTALKING 

 Neha Jadhav 

Abstract 

This article investigates the alarming rise of cyber stalking, a pervasive form of digital  predation that poses significant threats to personal privacy and security. By examining recent  case studies, legal frameworks, and statistical data, the article highlights the evolving tactics of  cyber stalkers and the challenges faced by law enforcement in addressing this modern crime.  The analysis reveals that current legal protections are often insufficient to safeguard victims,  necessitating urgent reforms in legislation and enforcement practices. The article also explores  the psychological impact on victims and the role of technology companies in preventing and  mitigating cyber stalking. The findings underscore the need for comprehensive legal strategies  and enhanced public awareness to combat this growing epidemic effectively. 

Introduction 

“Technology has the potential to enhance our lives in numerous ways, but it also poses  significant challenges to our privacy and safety, requiring us to constantly balance  convenience with vigilance.” 

¹In 2019, an estimated 1.3% (3.4 million) of all U.S residents age 16 or older were victims of  stalking. 9,285 incidences of stalking were reported in total in 2021, in India which translates  to almost one case every hour and 25 cases each day. ²Cyberstalking occurs when people use  the Internet and information technology (IT) devices, such as computers or cell phones, to send  or post harassing messages of an intimidating, threatening, or social nature over extended  periods of time. Legally speaking, stalking involves the willful, malicious, and repeated  following and harassing of another person. The overall effect of stalking is that the victims feel  their privacy is violated and they are afraid for their safety. In some cases, the “maliciousness”  of stalking comes from the fact that attention is unwanted by the victim, or at least would be if  he became aware he was being spied on. However, many stalkers gain considerable pleasure  

¹ Stalking, Victimization, bureau of justice statistics gov, (Visited on July 14, 2024)  

<https://bjs.ojp.gov/content/pub/pdf/sv19.pdf > 

² Samuel, C., Mcquade, et al., Cyber safety- Cyberstalking and Cyberbullying, 17,18 (Checkmark Books, 2012)

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from secretly following their victims. Stalkers use various tools and methods to collect  information about their victims and to follow them around. As cyber stalking continues to  evolve alongside technological advancements, it is imperative that legal systems adapt to  address this threat, ensuring the safety and security of all internet users. 

Online Cyber Stalking vs. Traditional Offline Stalking 

³To some extent, cyber stalking is fundamentally an extension of traditional stalking in which  the offender utilizes high-tech modus operandi to committing the crime. With cyber stalking  becoming a growing criminological concern in modern times, the offender’s behaviors and  actions need to be investigated more thoroughly. One of the first researchers who investigated  the frequency and effects of cyberstalking was Bocij. For one, both offender’s types, traditional  and online, resort to tactics and behaviors that are primarily intended to harass, and in some  cases, threaten or intimidate the victim.  

Traditional stalkers and cyber stalkers will frequently react aggressively when confronted,  scorned, rejected or belittled by victim. A research literature also suggests that the many cyber  stalkers have a prior criminal record, a history of substance abuse, or a personality disorder that  directly or partly contributes to, and increase the likelihood of such anti-social behaviors. 

Traditional stalking practices are pretty predictable in that the offender will frequently follow  the victim home, to work, or even to school, making it rather easy for investigators to track,  apprehend, arrest, and then punish the offender. Further many stalkers resort to leaving  harassing written messages at the victim’s home or place of employment and in some cases,  the offender will make threating phone calls that are intended to provoke fear and intimidation  in the victim, all of which can often be traced back to perpetrators with relative ease.  

However, a cyber-stalker is more likely to select his or her victims at random. The internet  allows cyber stalkers to easily obtain a tremendous amount of personal information.  Information that was once considered to be private and confidential a few decades ago can  easily be accessed through a variety of brokerage websites that cater specially to individuals  innocently searching for friends or loved ones. One of the numerous benefits that cyber stalkers  

³ Michael L. Pittaro, Cyber stalking: An Analysis of Online Harassment and Intimidation, vol 1 (2), 181,182,  184, (2007).

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have over traditional stalkers is that they usually have a high level of computer competency  and aptitude, which allows the stalker to take critical measures toward evading detection. 

Types and Characteristics of Cyber Stalking  

⁴Internet access is inexpensive and simple to use 

⮚ Email Stalking: Email or electronic mail is the most commonly and heavily used  network based application. Due to the increasing use of emails, it has now become a  most common way to harass, threaten or stalk any individual. In this type, stalkers  basically send spontaneous email in the form of nuisance, including hatred, obscene  words or threating. Email stalkers repeatedly send mails to their target for an attempt to  initiate a relationship, fix a relationship or threaten and hurt a person. 

⮚ Internet Stalking: Stalkers can more widely use internet in order to abuse and  jeopardize their victims. In this type of cyber stalking, stalkers are more concerned  about public element than private. 

⮚ Computer Stalking: The above two categories of cyber stalking can fall over the real  word interaction while in this type of cyber stalking, the stalker controls its victim’s  computer by unauthorized access. A cyber stalker can communicate directly with their  target as soon as the target’s computer connects to the internet. The stalker can take  control of the victim’s computer, and the victim’s sole defense is to disconnect and  renounce their present Internet “address”. 

⮚ Social Media Stalking: The stalker is using the social media platforms for threatening  or harassing the victim like posting morphed photos, sending continuous messages  through social media etc. The victims have to be away from the social media for  escaping from this type of stalking. The normal behavior of cyber stalking is sending  electronic messaging such as classic emails, text messages, twitter, Facebook etc. 

∙ Sending spam mails or sending threatening emails to the victim or family,  friends etc. 

∙ Posting the victim’s personal information such as name, address, phone  numbers, and e-mail address in social media platforms.  

∙ Posting offensive comments in the victim’s name by hacking.  

⁴Jijimon K M, Sajesh, Anil Kumar, Sujith, Ragesh, Arjun, Vishnu, Shameer, BibinB, Aravind Krishnan, Janamaithri- A journal of democratic policing, J. Cyberstalking, 15, 16, (2022). 

<https://fire.kerala.gov.in/wp-content/uploads/2022/08/journal-vol10.pdf >

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∙ Creating and posting sexually explicit images of the victim or victim’s loved  ones for abusing.  

∙ Hacking into the victim’s computer, accounts and mobile devices. 

∙ Subscribing the victim to pornography sites and unwanted advertising.  ∙ Attaching spyware to emails or installing it on the computer.  

∙ Setting up websites that threaten the victim or encourage others to contact,  harass or harm them by using social media accounts of victims.  

Typology of Cyber Stalker 

⁵Cyber stalkers usually post messages on various sites using the victim’s personal information,  including home address, phone number, and/or social security number. These posts are often  lewd or intended to be embarrassing, and result in the victim receiving several emails, calls, or  visits from individuals who read the online posts. The cyber stalkers also sign up for several  online mailing lists and services using a victim’s personal information. Stalkers abuse the  anonymity provided by the internet to harass their victims Because the stalker’s identity is  typically unknown to the victim, the victim feels increasingly scared. 

Cyber stalking is difficult to curtail and prosecute because the stalker could be far removed or  very close to the victim. Because of the internet’s anonymity, it is difficult to verify a stalker’s  identity, gather the necessary evidence for an arrest and trace the cyber stalker to a physical  location. Stalkers almost always stalk someone they know or believe they know, as is the case  with stalkers of celebrities or other public persons. While stalkers they know the celebrity, the  celebrity most often does not know a stalker. One drawback of being a celebrity or public figure  is having to deal with stalkers, who could be obsessed fan. 

Cyber stalkers are motivated by many factors: envy; pathological obsession (professional or  sexual); unemployment or failures with their own job or life; the desire to intimidate and make  others feel inferior; delusion, which makes the stalker believe that he or she knows the target;  desire to instill fear in a person to justify the stalker’s status; belief in remaining anonymous  and thus getting away with it; intimidation for financial advantage or business competition;  revenge over perceived or imagined rejection. A technologically proficient cyber stalker can  cause severe problems for the victim, especially because an increasing number of people use  

⁵ Christopher Anglim, Privacy Rights in the Digital Age, 508,509, (Grey House Publishing, January 16, 2016)

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the internet to pay bills, make social connections, do their work, share ideas, and seek  employment.  

⁶ According to the Privacy Clearinghouse, if a victim has a public online presence, a stalker  can simply access any information submitted to the social networking account. Even with  strong privacy settings or a hidden profile, a stalker may have access to a victim’s account  through: 

Hacking the victim’s bank accounts, creating false profile and sending a friend request or  follow request. The request may even look to come from a known friend or family member. Victim’s should verify with their friends and family members that one of them owns the  account before accepting the request. Gaining access to the victim’s Facebook account.  Stalking victims should consider suspending their social networking accounts until the stalking  has been resolved. If the victim continues to use social networking sites, he or she should use  privacy settings, use any available security settings, including two-factor authentication, limit  how much personal information is posted to the account, refrain from accepting friend request  from those who are not known to them.  

Psychological and Emotional Impact on Victims 

⁷ Nearly everyone has felt oddly watched or followed at some point in their lives. Maybe it was  in an original shopping boardwalk, with a sense of being watched from before by someone  sneaking around or lurking from places unseen. Stalking can also feel like this, except that the  experience is repeated over and over, sluggishly wearing down a victim over a period of time.  Sharpers find numerous ways to manipulate people and make them feel sad, angry, and  spooked. Victims of cyberstalking in turn experience considerable quantities of fear, internal  torture, and cerebral detriment. These goods worsen over time if attacks aren’t stopped. In  addition, impacts of stalking cannot be fluently reversed. Once started, gossip spreads, and so  does the damage it causes to victims. also, particular or sensitive information or photos  formerly distributed online may come viral and not be retrievable. Indeed, if bogarting,  draining, hanging or embarrassing content could be taken offline before spreading, it cannot also be canceled from the minds of people who read or saw it. Indeed, constant studies of the  bully’s conduct remain at the front and center of a victim’s mind. As a result, the victim gets  

⁶ Christopher Anglim, Privacy Rights in the Digital Age, 508,509, (Grey House Publishing, January 16, 2016) ⁷ Samuel, C., Mcquade, et al., Cyber safety- Cyberstalking and Cyberbullying, 74-80, (Checkmark Books, 2012)

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sweat of re-victimization day after day, occasionally for weeks or months. In habitual cases  managing with the impact may bear professional comforting, psychiatric treatment, or other  medicals. 

According to exploration, youthful people reported being worried, alarmed, or embarrassed  about half of the time as a result of stalking. One out of three victims reported symptoms of  stress following cyberstalking, causing numerous to stay off the internet. Some victims also  reported an incapability to stop allowing about the online stalking, or a feeling of unease or  restiveness. Among adult victims of stalking, 46 percent felt stressed by not knowing what a  perpetrator would do next, and 29 percent were hysterical or felt vituperative. Feeling sad, angry, embarrassed, hurt, or spooked is common and impeccably normal among  victims of cyberstalking. constantly they come doubtful of whom to trust and come  decreasingly reticent to partake particular information so as to feel less vulnerable and more  defended. Social insulation generally results in victims withdrawing from sports or club  conditioning and chancing further effects to do alone. Cyber stalking can beget stress, trauma,  and internal detriment. When cerebral detriment rises to a position taking professional  treatment in the form of comforting, tradition medicines, or visits to exigency apartments, fiscal  costs can snappily soar to hundreds and indeed thousands of bones. A person who’s victimized  by a snooper faces emotional torture that can hamper progress in their academy or plant. 

Statics and Data of Cyber Stalking  

30 

Stalking 

25 

20 

15 

10 

5 

0 

Under 18 18-25 26-30 31-40 41-50 51-60 61-70 Over 70 

Figure 1: Data Handed Highlights of the frequency of stalking. 

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⁸ The study also demonstrates that stalking happens across all demographics rather than just  specific orders. As a result, the National Survey discovered no statistically significant  difference in the frequency of stalking victimization among white and nonage women, nor  between Hispanic and on-Hispanic women. Hall adds to these findings in her report on 145  stalking victims who donated to still questions about their guests. Her findings show that  persons of all periods and employment may be victims of stalking. Five of the victims were  under age 18, while two were over age 70; 20 percent were age 41- 50, while nearly one- fourth  were periods 18- 25. These snooper victims’ occupations also varied greatly; they were  professionals (31 percent), directors (20 percent), specialized workers (17 percent), deals  workers (16 percent), scholars (12 percent), retired (3 percent), and housekeepers (3 percent).  Pathe and Mullen’s study of Australian stalking victims set up an analogous pattern of diversity.  Among their sample of 100 victims, the age of the stalking victims ranged from 9 to 66 times,  with utmost being in their medial to late 30s. At the onset of the stalking, 36 percent of the  victims were employed as professionals, in colorful fields as drug, law, or education. One  population is, still, surprisingly subject to being stalked battered women who i.e. have separated  from their batterer. Indeed, as noted away, it’s homicide and stalking against that group that  motivated numerous countries stalking laws. One of the many studies to examine the  prevalence of stalking among these women, conducted by Mechanic and associates, set up that  13 to 29 percent (depending on the description of stalking used) of their sample of 144  bombarded women reported being stalked in the six months incontinently following separation.  Another study, by Tjaden and Thoennes, set up that16.5 percent of all domestic violence calls  involved allegations of stalking. The more important question, still, is what proportion of  stalking involves domestic violence. The National Violence Against Women Survey set up that  slightly further than half (54 percent) of all stalking is done by current or former compadres or  dating mates. This group comprised 59 of womanish stalking victims and 32 of manly snooper victims. However, still, dating mates who hadn’t rented are barred, If. 

Laws against Cyberstalking  

India has the following laws in place to combat cyberstalking: 

⁸ Neal Miller, Stalking Laws and Implementation Practices: A National Review for Policymakers and  Practitioners, (2002), 18,17.

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∙⁹Section 67 of the Information Technology Act of 2000: Penalizes stalkers who send or  cause to be sent or published obscene posts or content on electronic media with up to three  years in prison and a fine. 

∙ Section 67A of the Information Technology Act of 2000: Penalizes anyone who sends or  causes to be sent or published in electronic media any material containing sexually explicit  acts or conduct. Up to five years in prison and a fine of up to five lakh rupees are the  penalties. 

∙ Section 354D of the Indian Penal Code, 1860: Section 354D of the Indian Penal Code,  1860 states that if someone monitors a woman’s use of the internet, email, or any other form  of electronic communication, they may face up to three years in prison and a fine. First- time  offenders can be released on bail, but repeat offenders cannot  If a woman is the victim of cyberstalking, she can lodge a complaint to any cybercrime unit,  regardless of where the incident occurred. 

Preventive measures 

¹⁰ To avoid being a victim of cyberstalking, you should adopt the following habits: 

∙ Hide your IP address: Many apps and services display your IP address to the person  you’re speaking with. It may not appear to be particularly relevant, yet it is closely tied  to your personal information. Your IP address, for example, is linked to your internet  bill, which is delivered to your home and paid for with a credit card. Cyber stalkers can  utilize your IP address to find your credit card and physical address. 

∙ Adjust privacy settings: One of the first measures you may take is to change your  privacy settings. Most social media networks and other online accounts let you choose  who can see and contact you.  • Avoid sharing critical information: Unexpectedly, many people provide personal  information about themselves when completing questionnaires or registering for  coupons. This raises the risk of someone accessing your personal information, thereby  making cyberstalking more accessible. 

∙ Update your software: To prevent information leaks, regular software upgrades are  essential. Developers are constantly updating and producing new patches to address  

⁹ Ansuhuman Singh, what is Cyberstalking and How to prevent it, Shiksha.com, (visited on 16 July 2024), < https://www.shiksha.com/online-courses/articles/cyberstalking-how-to-prevent-it/> 

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security vulnerabilities and protect the safety of your data.  • Maintain a low profile: Some people find it challenging to keep a low presence online.  However, you should always avoid posting personal information like your phone  number and address, and think twice before disclosing real-time information about  where you are and who you are with. 

Case Laws 

1. ¹¹People v. Nahjima, 

Victim worked as a cashier in a store where she served defendant; once, when she was  returning his credit card, he grabbed her hand. On several occasions after that he  followed her throughout the store. On October 24,1995, defendant followed her during  her drive home from her elementary school teaching position. He did so again the  following day, cutting across two lanes of traffic when she made a turn and staying no  more than two car lengths away while traveling at speeds up to 60 miles per hour. That  evening, victim saw defendant’s car in the parking lot as she left her cashier job to go  home. Police were summoned and the officers warned defendant that his actions would  constitute a crime if continued. On November 4, victim saw defendant stopping her  parents’ car to talk with her father. A second warning about stalking was given to the  defendant by the State’s Attorney’s Office, to which defendant responded by letter on  November 7 that he would cease his conduct immediately. On November 18, 1995,  victim saw defendant cruising the parking lot where she worked as a cashier, then  parking a few spots away from her car. Defendant was charged with talking. 

2. ¹²People v. Allen 

The defendant and victim had a two- to three-year dating relationship that had ended. On January 12, 1992, defendant threatened victim with two screwdrivers while she was  walking to a friend’s house. On March 8, defendant entered victim’s apartment while  she was taking a shower and hit her, creating a gash over her eyebrow. He then fled.  Later the same evening, victim saw defendant outside her mother’s house. He loudly  stated that he had tom up victim’s clothing and apartment and threatened to throw a  Molotov cocktail at her mother’s house. When victim returned to her apartment that  evening it was indeed severely vandalized-holes in the walls, sink pulled out of the  wall, and faucets pulled out of the sink. The sliding door to her bedroom was broken,  

¹¹ People v. Nahjima, 691 N.E.2d 153 (Ill. App. Ct. 1998). 

¹² People v, Allen, 40 Cal. Gtr.2d 7 (Cal. &. App. 1995).

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as were her bedroom set and dresser. All her clothes were gone. On July 24, the victim  was resting at a friend’s home. She awoke at 1 p.m. to discover the defendant assaulting  her; her face was swelled, and her eye protruded. On October 25, victim’s mother saw  defendant outside her home, riding a bicycle. He came and went four times. Defendant  then threatened to kill both the victim and her mother, pointing a handgun at the  mother. Defendant was arrested for stalking and terroristic threats. 

Conclusion 

¹³It has recently received attention from the legislative and the judiciary. Many incidents have  shown the importance of appropriate legislation, as dealing with such cases becomes extremely  challenging for enforcement organizations. Cyberstalking has been demonstrated to be a  serious crime. It has a significant influence on the victim’s emotional and physical wellbeing. 

We have seen that the intention of the stalker is to harass and threaten his/her victim. Thus, it  involves criminal activity. Many countries have legislations on this subject. None of the present  provisions are capable of handling the cases properly. India has no direct legislation on the  subject. The stalker could be charged under the Information Technology Act and the Indian  Penal Code, which both have laws linked to cybercrime. We should take some precautions for  our safety and if after then such situation arises, we should take recourse to legislative  provisions.  

References 

I. Stalking, Victimization, bureau of justice statistics gov, (Visited on July 14, 2024)  <https://bjs.ojp.gov/content/pub/pdf/sv19.pdf > 

II. Samuel, C., Mcquade, et al., Cyber safety- Cyberstalking and Cyberbullying, 17,18  (Checkmark Books, 2012) 

III. Michael L. Pittaro, Cyber stalking: An Analysis of Online Harassment and  Intimidation, vol 1 (2), 181,182, 184, (2007). 

IV. Jijimon K M, Sajesh, Anil Kumar, Sujith, Ragesh, Arjun, Vishnu, Shameer, BibinB,  Aravind Krishnan, Janamaithri- A journal of democratic policing, J. Cyberstalking, 15,  16, (2022). 

<https://fire.kerala.gov.in/wp-content/uploads/2022/08/journal-vol10.pdf> V. Christopher Anglim, Privacy Rights in the Digital Age, 508,509, (Grey House  Publishing, January 16, 2016) 

¹³ Ms. Henna keswani, Cyber stalking: A critical study, 144, Maniputra.in, (2017).

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VI. Neal Miller, Stalking Laws and Implementation Practices: A National Review for  Policymakers and Practitioners, (2002), 18,17 

VII. Ansuhuman Singh, what is Cyberstalking and How to prevent it, Shiksha.com, (visited  on 16 July 2024), 

< https://www.shiksha.com/online-courses/articles/cyberstalking-how-to-prevent-it/> VIII. Ms. Henna keswani, Cyber stalking: A critical study, 144, Maniputra.in, (2017).