+Cyber-Stalkingand SocialSurveillance Triple Ns’ Aymee Terada Paul 60s Sprite The Diva
+ We want to explore… What cyber-stalking is What social surveillance is The differences between them Can we draw a clear line between them? Is there a grey area? What should be in it?
+ Contents Stalking (Sprite) definition actions involved types of stalkers psychological reasons for stalking Cyber-stalking (Aymee and Sprite) definition actions involved types of stalkers psychological reasons for cyber-stalking further information – statistics and observation
+ Contents Social Networking Sites (SNS) (Aymee) trends and background social surveillance or cyber-stalking? example: girls around me app case study Grey area (Paul 60) is there an exception? What should be considered as “acceptable”
+ Stalking: definition Stalking is a crime (NSW Police Force) Stalking is defined as "the willful, malicious and repeated following and harassing of another person" (Meloy, 1998). "Virtually any unwanted contact between two people [that intends] to directly or indirectly communicates a threat or places the victim in fear can be considered stalking“ (National Center for Victims of Crime, 2002) General description according to Domestic and Personal Violence Act in 2007 : Watching over a person, Following of a person, Approach to a person‟s place of residence, business, work place or anywhere that a person frequents (Crimes (Domestic and Personal Violence) Act,2007)
+ Stalking: common forms Repeatedly sending unwanted emails, texts, letters, notes and messages on social networking sites, etc. Repeatedly making unwanted phone calls Repeatedly following and spying Threatening a person and people around him/her (NSW Police Force)
+ Stalking: types of stalkers5 types of stalkers (Mullen et al, 1999):1) Rejected stalkersaim at correcting, reversing and avenging a rejection by their ex-partnersoften experience anger, loss, frustration, depression and jealousy2) Resentful stalkersmotivated by the desire to frighten and distress the victimnot necessarily deserving of injusticethe sense of grievance against the victims developed inside them3) Incompetent suitorsdesire intimacyhave poor social and courting skillsvictims are very often already in a relationship4) Intimacy seekershope to develop an intimate and loving relationship with their victimerotomaniabelieve themselves and the victims are meant to be together5) Predatory stalkersspy on the victimare always prepared to place an attack (often sexual) to the victim
+ Stalking: psychological reasons Jealousy especially towards ex-partners and their current partners Obsession and attraction attracted to someone sexually and mentally (the movie – fatal attraction) Erotomania A stalker‟s belief that someone‟s in love with him/her Growing up background personal experiences can develop personal flaws and delusions
+ Cyber-stalking: definition The use of internet to facilitate stalking Extension of “traditional stalking” utilising high-tech “modus operandi” (Petherick W., 1999)
+ Cyber-stalking: definition (law) Australian law definition http://www.caslon.com.au/stalkingnote2.htm “There is no global legal protection against cyberstalking and progress towards a global agreement has been glacially slow.” Apprehended violence orders (AVOs) states: While stalking is qualitatively different from the legitimate pursuit of a love interest, it is difficult to clarify at what point the behaviour warrants criminal sanction.
+ Cyber-stalking: definition (law) The legislation was updated by the Crimes (Stalking) Act 2003, which extended the definition of stalking to include - contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever; (ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material - (i) relating to the victim or any other person; or (ii) purporting to relate to, or to originate from, the victim or any other person; (bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person; (bc) tracing the victims or any other persons use of the Internet or of e-mail or other electronic communications Associated legislation includes the Crimes (Family Violence) Act 1987.
+ Cyber-stalking: common forms Repeatedly sending unwanted emails and messages on social networking sites Repeatedly spying over the internet Threatening a person and people around him/her over the internet such as harassment
+ Cyber-stalking: common forms defendants must not (exact quotations): 1) assault, molest, harass, threaten or otherwise interfere with the protected person/s (eg a partner and children) or a nominated third party (eg a persons partner) 2) Reside at the premises at which the protected person/s may from time to time reside or work, or other premises 3) enter premises at which the protected person/s may from time to time reside or work, or other specified premises 4) go within the premises at which the protected person/s may from time to time reside or work, or other specified premises 5) approach, contact or telephone the protected peron/s except as agreed in writing or for the purpose permitted by an order or directions under the Family Law Act 1975 as to counseling/mediation or for the purpose of arranging or exercising access to children under the Family Law Act 1975
+ Cyber-stalking: common forms (continued) defendants must not (exact quotations): 6) contact the protected person/s by any means (including through a third person) except through the defendants legal representative; 7) fail to surrender all firearms and related licenses to Police 8) Approach the school or other premises at which the protected person/s may from time to time attend for the purposes of education or child care or other specified premises 9) approach the protected person/s within twelve hours of consuming intoxicating liquor or drugs 10) destroy or deliberately damage or interfere with the property of the protected person/s.
+ Cyber-stalking: psychology The same as stalking plus: ignorance of behaviours- “the way that people communicate using internet creates a space that perhaps doesn‟t allow perpetrators to be more aware that the way they are communicating is inappropriate” (A quote by psychologist Monica Whitty in the documentary “Cyberstalking Documentary - Crime & Investigation Channel “) stalkers and harassers believe they would not be caught http://www.net4tv.com/voice/story.cfm?storyid=2931
+ Social Networking Sites (SNS) explained Advantages 1) Maintaining existing contacts, friendship family relations etc (59.1%) 2) Establishing new contacts with unknown people or with people whom one hardly knows and can easier contact online (29.8%) 3) Finding and renewing old contacts (19.9%) Disadvantages 1) Data abuse or data forwarding or lack of data protection that lead to surveillance by state, companies, or individuals (55.7%) 2) Private affairs became public and result in a lack of privacy and privacy control (23.1%) 3) Personal profile data (images, etc) are accessed by employer or potential employers and result in job-related disadvantages (such as losing a job or not getting hired) (7.9%)
+ SNS: social surveillance or cyber- stalking? People leave trails all over the internet without realising Personal details on the internet = increase your chance of becoming a victim Cyber-stalker victims‟ 18-30 year old single females Through Facebook or Myspace
+ Studies on „social surveillance‟ SNS also used to ‘virtually watch people aka ‘passive contact’ Study one: - 88% „stalk‟ their exs - 70% use mutual friend‟s profile to „check up‟ on their exs - 74% stalk their exs‟ new partners or people who show interest towards them Study two: - 82% victims said they were cyberstalked by their classmates or exs - followed home, dorms and even around school
+ New SNS apps: “Girls Around Me” purposes for one night stands or „in the mood for love‟ scans your surroundings and help you find where girls are hanging out can check their profile pictures and photo albums uses public API from Google maps, Facebook and Four square not illegal, but creepy?
+ Cyber-stalking: case studiesCase 1ABC News : College student cyber-stalked and arrested College student cyber-stalked by „former college-classmate‟ Using social medias: Facebook, Tweets and YouTube videos “sexually oriented and deranged” took video of himself in front of her workplace sexual device, condom, porn and video camera
+ Cyber-stalking: case studiesCase 2Illinois: ex-boyfriend cyber-stalking former lover “Hacker X” tampering and stalking ex-girlfriend online stealing identities and altering passwords Threatening her with physical harm 20 year sentence in jail
+ Cyber-stalking: case studiesCase 3Perth: Man charged with cyber-stalking 29 year old man in Armadale, Perth Stalker sent naked pictures of victims in the shower Threatening to post the photos on the internet if she reported to the police 128 charges, including: - unlawfully installing optical surveillance equipment, - indecently dealing with a child, and - stalking
+ The Grey Area Grey areas are when it is not clear whether someone‟s actions online are considered stalking or merely social surveillance. Unfortunately, classifying grey-zone behaviour must be done on a case by case basis and there are no „yes or no‟ (as we later found) questions that will classify unacceptable vs. acceptable behaviour. No two people will have exactly the same points of view in every instance. In this way, the grey zone becomes bigger or smaller on a person to person basis.
+ So How do we Define the Grey Zone? It is appropriate then to limit who we are talking about when we classify „acceptable‟ behaviour. For relevance sake, Australians aged between 18 and 35 may be a good sample group to classify acceptable behaviour for. We found that the intentions of the surveyor coupled with the context of viewing somebody else‟s private information defines stalking vs. social surveillance. We also found that repetition of unnecessary and unwanted communication help defines stalker- behaviour.
+ The Grey Zone with a Definition Table? Criteria Score Are the observer’s intentions legitimate? Does the behaviour of the observer have an adverse effect on the observed? Is the observed explicitly disturbed by the observer? Is unwanted communication or observation a repetitive occurrence? Would the observant object to being watched by this person? Stalker Rating: /5
+ However, We discussed the table and found the table to be ineffective. Whilst it helped define very obvious cases of either cyber- stalking or social-surveying, it did nothing to help us deduce guidelines for acceptable behaviour…
+ Conclusion In general terms though, online behaviour becomes unacceptable when someone repetitively communicates with another in a way that disturbs or upsets them. Spying on someone‟s information such as relationship status or general mood in an attempt to somehow benefit is also not acceptable behaviour.
+ Conclusion However, accidentally stumbling across personal information is nearly unavoidable. it is not a crime or stalker-like to have seen such information even if you were not meant to. This is the nature of online social-networking, it is impossible to filter out all questionable information posted online. Not everyone who sees questionable material is a stalker.
+ Conclusion Purpose and intent separate social-surveyors and cyber- stalkers and create a group of people I like to call the „grey zoners‟. This is also not to say that people whom are merely curious are stalkers either. As long as you don‟t want to use the information to harm or manipulate and it‟s publicly available, then there is not a strong case against looking such things up.
+ Conclusion Another grey-zone of acceptable behaviour lies in employers looking up prospective employee‟s information. Any information an employer is able to get their hands is fair game. They are only looking at information you have put online yourself and they have a legitimate reason to be looking at it.
+ Conclusion These activities outlined are not purely for social surveillance, there are ulterior motives, but they cannot be deemed as „stalking‟ either. Hence they have their own special grey zone category. In reality, behaviour is complex and only by analysing intent, purpose and relationships on a case by case basis can we say anything about the grey zone.
+ References by Sprite The Diva Crime(Domestic and Personal Violence) Act 2007, NSW Legislation. Meloy J. R., 1998, The Psychology of Stalking: Clinical and Forensic Perspectives, 1st edn, Elsevier, London. Mullen, P.E., Path, M., Purcell, R. & Stuart, G.W. 1999, A study of Stalkers , The American Journal of Psychiatry, vol. 156, no. 8, pp. 1244-1249. National Center for Victims of Crime 2002, Stalking Victimization, Office for Victims of Crime. Net4TV Voice News Staff 2000, „Cyber-Extortion Results in Prison Sentence, Net4TV Voice October, viewed 22 September, <http://www.net4tv.com/voice/story.cfm?storyid=2931>. NSW Police Force 2012, What is Stalking?, NSW Police Force, viewed on 24 September 2012, http://www.police.nsw.gov.au/community_issues/domestic__and__family_violence/what_is_stalking. Petherick ,W, 1999, „CYBER-STALKING: OBSESSIONAL PURSUIT AND THE DIGITAL CRIMINAL‟, , viewed 23 September 2012, <http://www.trutv.com/library/crime/criminal_mind/psychology/cyberstalking/1.html> Whitty ,M 2009, video documentary, Crime and Investigation Channel, United Kingdom, <http://www.youtube.com/watch?v=BZ6Lhttp://www.youtube.com/watch?v=BZ6LByl0pgw>. Working to Halt Online Abuse 2011, Cyberstalking Statistics, viewed 23 September 2012, <http://www.haltabuse.org/resources/stats/2011Statistics.pdf>.
+ References by Aymee Terada Brownlee, J. 2012, "This Creepy App Isnt Just Stalking Women Without Their Knowledge, Its A Wake Up Call About Facebook Privacy [Update]" in Cult of Mac, New York, USA, viewed on 14 September 2012, <www.cultofmac.com/157641/this-creepy- app-isnt-just-stalking-women-without-their-knowledge-its-a-wake-up-call-about-facebook-privacy/> Davies, M., 2012, "Man Convicted for Horrific Cyber-Stalking of Classmate" in Jezebel and ABC News, USA viewed on 16 September 2012, <http://jezebel.com/5878418/man-will-serve-2-years-after-horrific-cyber+stalking-of-classmate> Fuchs, C. 2009, "Social Networking Sites and the Surveillance Society." in A Critical Case Study of the Usage of studiVZ, Facebook, and MySpace by Students in Salzburg in the Context of Electronic Surveillance, Salzburg/Vienna, Austria Gaskell, A. 2012, "88% Stalk Their Exes on Facebook" in Technorati, Inc., San Francisco, CA, viewed on 14 September 2012Harry, K.L. 2012, "Cyberstalking is a Crime in Illinois" in Cybercrime, Illinois USA, viewed on 14 September 2012, <http://www.illinoiscriminallawlawyer.com/category/cybercrime/> Hill, S. 2012, "Social Networking Web Sites Encourage Cyberstalking" in Exposing Online Predators & Cyberpaths, California, USA, viewed on 14 September 2012, <http://cyberpaths.blogspot.com.au/2009/02/social-networking- web-sites-encourage.html>Joinson, A. N. (2008) “„Looking at‟, „Looking up‟ or „Keeping up with‟ People?”, in Proc. SIGCHI conference on Human factors in computing systems, pp. 1027-1036, doi:10.1145/1357054.1357213 Moore, A. 2011, "What is cyberstalking" in Womens Issues About.com, California, USA, viewed on 13 September 2012, <http://womensissues.about.com/od/violenceagainstwomen/f/Cyberstalking.htm> Subrahmanyam K., Reich, S.M., Waechter N., Espinoza, G. & Waechter, N. (2008), “Online and ofﬂine social networks: Use of social networking sites by emerging adults” in Journal of Applied Developmental Psychology, Elsevier Inc., Los Angeles, USA, 29(1), pp. 420-433, doi:10.1016/j.appdev.2008.07.003
+ Reference by Paul60s Ellison, L. & Akdeniz, Y.1998, „Cyber-stalking: the Regulation of Harassment on the Internet‟, Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp 29-48. Kamble, R.M. & Vishwapriya C.2008, Nalsar Law Review, NALSAR University of Law, India, 21 September 2012, <http://nalsar.ac.in/pdf/Journals/Nalsar%20Law%20Review- Vol.%204.pdf#page=9>. The Truman Show 1998, DVD, Paramount Pictures, United States, written by Andrew Niccol. Tokunaga, R.S. 2007, „Social networking site or social surveillance site? Understanding the use of interpersonal electronic surveillance in romantic relationships‟ , Computers in Human Behavior , vol. 27, no. 2, pp. 705-713