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Cyber-stalking resources

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Gabey8 - 12 Jul 2005 22:15 GMT
Since there seems to be no shortage of harassment taking place these days,
right down to veiled threats to contact people's employers, here is the
URL of a site that belongs to the US Department of Justice.

http://www.ojp.usdoj.gov/vawo/grants/stalk98/appende.htm

There are laws against people posting defamatory content online, as well
as using the internet as a way to stalk or harass people.

Have we any attorneys posting or lurking here who might like to provide
input, perhaps on things like the proper method of seeking legal redress
against online stalking and harassment?

It appears, at least to my non-legally-trained eye, that some behavior on
this board has exceeded the boundaries of mere trolling. There are posts
on this newsgroup that might well give the intended victim legal recourse
to take action against the persons who've posted them.

Donna
CatNipped - 12 Jul 2005 22:34 GMT
> Since there seems to be no shortage of harassment taking place these days,
> right down to veiled threats to contact people's employers, here is the
[quoted text clipped - 15 lines]
>
> Donna

Thanks for the link.  I didn't bother reporting the nasty, threatening email
I got because it was sent through an anonymous re-mailer (and quite a few of
these posts are sent the same way).  In those cases, I don't think there's
anything that can be done since the re-mailer host is in another country!

Hugs,

CatNipped
Cheryl - 12 Jul 2005 23:44 GMT
On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
rec.pets.cats.anecdotes
(news:65ff17dff5135951bbaa41477ae8cd7f@localhost.talkaboutpets.com)

> Since there seems to be no shortage of harassment taking place
> these days, right down to veiled threats to contact people's
[quoted text clipped - 18 lines]
>
> Donna

I think that anyone being harrassed by Mary (who lives in NC)
needs to report her to the FBI.  NC law doesn't accept this type
of behavior.

<http://www.wiredsafety.org/cyberstalking_harassment/us_states/northcarolina.html>

(b) It is unlawful for a person to:

(2) Electronically mail or electronically communicate to another
repeatedly, whether or not conversation ensues, for the purpose of
abusing, annoying, threatening, terrifying, harassing, or
embarrassing any person.

Signature

Cheryl

Mary - 13 Jul 2005 00:17 GMT
> On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
> rec.pets.cats.anecdotes
[quoted text clipped - 35 lines]
> abusing, annoying, threatening, terrifying, harassing, or
> embarrassing any person.

I think this is a great idea. Call the FBI, and I will tell them
all about my Free Conan campaign.

You are such an idiot, Cheryl.
Mary - 13 Jul 2005 00:37 GMT
> On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
> rec.pets.cats.anecdotes
[quoted text clipped - 35 lines]
> abusing, annoying, threatening, terrifying, harassing, or
> embarrassing any person.

Hey Drama Queen,

You missed this part, at the end:

(e) This section does not apply to any peaceable, nonviolent, or
nonthreatening activity

intended to express political views or to provide lawful information to
others. This section

shall not be construed to impair any constitutionally protected activity,
including speech,

protest, or assembly. (2000-125, s. 1; 2000-140, s. 91.)
jkjh,jhjh,jh, - 13 Jul 2005 00:51 GMT
>> On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
>> rec.pets.cats.anecdotes
[quoted text clipped - 50 lines]
>
> protest, or assembly. (2000-125, s. 1; 2000-140, s. 91.)
Trish - 13 Jul 2005 00:52 GMT
> > On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
> > rec.pets.cats.anecdotes
[quoted text clipped - 26 lines]
> > needs to report her to the FBI.  NC law doesn't accept this type
> > of behavior.

<http://www.wiredsafety.org/cyberstalking_harassment/us_states/northcarolina
.html>

> > (b) It is unlawful for a person to:
> >
[quoted text clipped - 17 lines]
>
>  protest, or assembly. (2000-125, s. 1; 2000-140, s. 91.)

Just a note in general, but its interesting how people scream for freedom of
speech, til they hear what they don't want to hear then they scream for
censorship
Mary - 13 Jul 2005 01:18 GMT
>> > On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
>> > rec.pets.cats.anecdotes
[quoted text clipped - 56 lines]
> speech, til they hear what they don't want to hear then they scream for
> censorship

This is true. But then, I am now Public Enemy Number One for wanting
to spring a 14-lb tabby from cruel imprisonment. (I don't think Conan
is wanted for anything--or by anyone, for that matter.)
fdfsdgsdgdsgsd - 13 Jul 2005 01:29 GMT
>> > On Tue 12 Jul 2005 05:15:47p, Gabey8 wrote in
>> > rec.pets.cats.anecdotes
[quoted text clipped - 55 lines]
>speech, til they hear what they don't want to hear then they scream for
>censorship
Mary - 12 Jul 2005 23:55 GMT
> Since there seems to be no shortage of harassment taking place these days,
> right down to veiled threats to contact people's employers, here is the
[quoted text clipped - 4 lines]
> There are laws against people posting defamatory content online, as well
> as using the internet as a way to stalk or harass people.

Guess what, genius? When it's a fact, it's not defaming, libeling, or
slandering. Everything I have claimed about Dan Mahoney of
Highland, California is not only true but completely documented
in public records.

> Have we any attorneys posting or lurking here who might like to provide
> input, perhaps on things like the proper method of seeking legal redress
> against online stalking and harassment?

Why, yes, I think we might have a few attorneys posting here.:)

> It appears, at least to my non-legally-trained eye, that some behavior on
> this board has exceeded the boundaries of mere trolling. There are posts
> on this newsgroup that might well give the intended victim legal recourse
> to take action against the persons who've posted them.

What Dan has done in lying to us, derailing the adoption we planned
for Conan, and putting him in a cage for two weeks is fact. My speaking
out against what he has done and urging him to take this cat to the home
we had planned, or to any home, is my legal right and, in my view, a
moral imperative.

So sure, let's go. Bring it to litigation. I haven't spent my mad money
for the past three quarters. :O)
vh,hjgh,hgm,fgm,fgvmn - 13 Jul 2005 00:09 GMT
>> Since there seems to be no shortage of harassment taking place these days,
>> right down to veiled threats to contact people's employers, here is the
[quoted text clipped - 29 lines]
>So sure, let's go. Bring it to litigation. I haven't spent my mad money
>for the past three quarters. :O)
Enfilade - 13 Jul 2005 00:11 GMT
Why is this arguing on rpca, instead of on the newsgroup where it
started?  I don't know a damn thing about what Dan has or has not done,
and honestly, I don't care.  I come here to read stories about cats,
not look at thread after thread of name-calling, finger-pointing,
disgusting images, and arguing about an issue I have never been
involved in and that has nothing to do with me.

If you have an issue with someone, TAKE IT TO EMAIL or TAKE IT TO
INSTANT MESSENGER or something.

PLEASE keep it from disturbing everyone else who has never been
involved with it!

--Fil
whitershadeofpale - 13 Jul 2005 00:25 GMT
Seems ok to me? I bet there are just some sore losers in here.

Panty wads, and panty waists

> Why is this arguing on rpca
> PLEASE keep it from disturbing everyone else who has never been
> involved with it!
>
> --Fil

Hey, this discussion has all the elements of the sign on the door.

Hello! PING Enchilada

Help help! They make me read these posts.

Look, if someone can post about taking a dump, I think you can handle
this...what do you think.

Stop stop, you're disturbing my eyes!
hjkghtjkgh - 13 Jul 2005 00:35 GMT
>Seems ok to me? I bet there are just some sore losers in here.
>
[quoted text clipped - 16 lines]
>
>Stop stop, you're disturbing my eyes!
Wendy - 13 Jul 2005 01:32 GMT
> Why is this arguing on rpca, instead of on the newsgroup where it
> started?  I don't know a damn thing about what Dan has or has not done,
[quoted text clipped - 10 lines]
>
> --Fil

Could be because someone here(Donna) started the thread. One of your
regulars I presume as I haven't notice this person in the other ng,

W
Biskybabe - 13 Jul 2005 02:41 GMT
> Since there seems to be no shortage of harassment taking place these days,
> right down to veiled threats to contact people's employers, here is the
[quoted text clipped - 8 lines]
> input, perhaps on things like the proper method of seeking legal redress
> against online stalking and harassment?

I'm not a lawyer, but my company does work with ISPs and law
enforcement in cases of online abuse and harassment as part of the
consulting services we offer.

There are two ways to go about this: civil and criminal. Criminal is
going to the local police station and filing a report. For criminal
activity there must be a clear threat against a person or actual
physical damage. Monetary damage counts, too, but the threshold is
quite high and not relevant here.

Civil, you need to talk to a lawyer in your area and find out if you
have a cause of action and what the relevant laws are regarding suing
someone outside of the area. Do you need to sue them in a local court,
or can you sue them in a court local to them. If you sue in your
jurisdiction, be prepared for them to file a motion to dismiss because
that court doesn't have jurisdition over that person. That's before you
get to the actual facts of the case.

> It appears, at least to my non-legally-trained eye, that some behavior on
> this board has exceeded the boundaries of mere trolling. There are posts
> on this newsgroup that might well give the intended victim legal recourse
> to take action against the persons who've posted them.

I've certainly seen worse behaviour that was not legally actionable.
That doesn't mean that what's happening here isn't, and I have
killfiled a large number of people because I can't make heads or tails
of WTF is going on or even who is on which side so I might have missed
more of the more specific problems.

However, it tends to be expensive and take a very long time to run
anything through the courts.

Personally, I recommend to clients that they employ a killfile and do
not get into pissing matches online. Typically (although not always)
there are two sides to the story and often the victim has unclean hands.

I've had 3 or 4 serious run-ins with people online, two involving the police.

In one case, I received an anonymous threat from someone. Not so
unusual, given the business I'm in and some of the free websites my
company runs, but the wording and specificity of this threat really
bothered me. My partner checked his mail and had a similar threat from
the same person. We were in the police station filing a report in less
than an hour. The police subpoenaed the ISP and had a chat with the
person who sent the threat. Problem solved.

I also pissed off an individual on USENET back in '97 or '98. She ended
up harassing me and other members of the HRS chapter I worked with for
months. We did end up putting traces on both their phone lines and
mine. Again, there was a police report, but it didn't help.

In another case, there is someone who believes with all his heart that
I have been spreading lies about him and that I am responsible for the
fact that he has been unemployed since 2001. This was the hardest one
for me to deal with, because he is irrational on this issue as am I. My
word and my integrity are extremely important to me. Anyway, for a
while this person was basically following me around and calling me a
liar and challenging anything I ever wrote. It was difficult, but I
tried to ignore him and "take the high road". I failed at it a couple
times, but even then tried not to engage him or challenge him but just
calmly and professionally tell my side of the story. He still does it,
and I occasionally still get an email from someone saying "Yo!
so-and-so sent me this email behind the scenes." My reply is either
silence or a lighthearted "wow, it's been 5 years since I've been in
that job, he's still hung up on that!?!?" Not easy but I believe, in
the long run, his behaviour has reflected more on him than on me.

Certainly if people are calling bosses and harassing at work then this
is an issue that needs to be dealt with, but, in general, engaging with
them in public is the absolute wrong thing to do.

So, long story short, legal action is almost always the wrong answer
when it comes to dealing with problems (or problematic people) online.

b
 
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