미국의 사이버스토킹에 대한 형사적 규제 상황 = Criminal Control on Cyberstalking in U.S

다국어 초록 (Multilingual Abstract)

Cyberstalking is when someone uses the Internet or other electronic means to stalk or harass an individual, a group of individuals, or an organization. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass. Cyberstalking is much like normal stalking, except that the stalkers identity can be hidden. Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. Cyberstalkers may send repeated threats directly, or program their messaging system to send their victims at regular intervals. The definition of harassment must meet the criterion that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress. 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. 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. Clear federal and state laws which specifically prohibit cyberstalking may address encouraging others or impersonating the victim to harass her or him. Online identity stealth blurs the line on infringement of the rights of would-be victims to identify their perpetrators. There is a debate on how internet use can be traced without infringing on protected civil liberties. As technology changes, so should the laws. The stalking and harassment laws should be reviewed to ensure that they are adequate to address the new crime of cyberstalking.