Cyberstalking and what you can do about it David Vaile, Executive Director Cyberspace Law and Policy Centre UNSW Law Faculty March 2009

Cyberstalking Cyberstalking and what you can do about itand what you can do about it

David Vaile, Executive Director

Cyberspace Law and Policy CentreUNSW Law FacultyMarch 2009http://cyberlawcentre.org/2009/cyberstalking/

OutlineOutlineNot a law lecture, sorryAbout cyber stalkingLegal issuesOnline featuresRole of evidence

Cyberstalking contextsCyberstalking contextsSchool, youthRelationship/familyCommunitiesStrangers?WorkPolitics/public lifeInternational scammers?‘Erotomania’ - rare? Not intend

harm?

Media: the ‘cyber’Media: the ‘cyber’EmailOld web (static) – rare? Inc images, cartoonsSocial networking web sites: Facebook,

MySpaceSMS or voice on mobileCamera on mobile Instant messagingVirtual worlds (avatars)Bulletin boards/discussion groupsWikisTwitter Computer hijacking/malware (cybercrime)

MeansMeansThreats (= assault?)PesteringDefamationImpersonation (US case), trickerySurveillance, monitoring, trackingAllegations and complaintsSocial shunning (exclusion)Images, still/video, capture/sendPartial ID theft

What’s tWhat’s thehe same? same?IntimidationDisempowermentIsolation?Fear or oppressionPerpetrator not ‘the full quid’,

distorted motivation, mistake-pronePotentially criminalAttempt to concealRisky engaging to get evidence?

What’s differentWhat’s differentAnonymityPseudonymityNature of evidenceRemote/distance/jurisdictionTools and their implications

Other On-line/Off-line Differences Other On-line/Off-line Differences Uses recording

deviceAnywhere, anyonePerp. hard to ID?Leaves meta-data,

logsUses IT and networksPerp feel safe?Prone to forensic

data analysisAbuse of controlled

space (organisers)

No recording device?More localPerp easier to IDLeaves little trace?May use basic/no

toolsPerp conscious of

riskPhysical forensics?

Not within controlled space

PPrevention: revention: Don’t give yourself awayDon’t give yourself awayOnline privacy: easy to overlookRisks obscure, thrill obviousPersonal information securitySocial networking sitesYoung people w. no experience baseOlder people unaware of tech

realitiesNeeds broad public awareness

campaignPrivacy policies and interface bad?

Treatment: Legal aspectsTreatment: Legal aspectsLegislative provisions, offences etc.◦General stalking, offline◦Cyberstalking ◦Cybercrime (using computer for offence)◦Child abuse material if U18?◦Defamation?

Jurisdiction: Fed/State/InternationalCases: DPP v Sutcliffe, cartoon, swingComplex and inadequate?

Cyberstalking laws: diff by jur.Cyberstalking laws: diff by jur.Qld S.395B Ch.33A Qld Crim Code add email,

ph, tech - No need for specific intentSA s19AA SA Crim Law Consolidation Act 1935

specific intent, 2 occasionsNSW S545 Crimes Act 1900 Stalking or

intimidatn, intent cause fear physical/mental harm

Cth CyberCrime Act and Crim Code no use?Crimes Legn Amdt (Telecoms Offences & other

Measures) Act 2004 (No. 2) – cl 474 Crim Code Act

See Urbas, Internet Law Bulletin 10:6 Sep 07 p.62

Don’t rely on law/convictionDon’t rely on law/convictionWill/motivation: compromised?Assistance: expensive or rarePolice: various limitationsLaws: not fit the behaviour?Evidence: essential, missing?Conviction: often failsRemedies: too late?

Self help: the role of evidenceSelf help: the role of evidenceNo evidence = no chance to convictEvidence = weapon, perp weaknessUseful in many stages, not only

courtTrigger for assistance, credibilityTrump card?Turn the tables, take controlBecome the hunter?Guess what: a computer is a data

recorder!

Get tGet thehe evidence evidenceWhy? - to take controlWhat? - whatever, authenticated◦Transcripts, recordings, notes◦Screen dumps◦Copies, downloads◦Names, dates, times, places...

How? - built-in/extra tools, knowledge

When? - live, after, retain it all

Train people to get evidenceTrain people to get evidenceWeb guideBookletSchoolsAdvice lines with tech helpSelf help groups/supportersKeep it simple but concreteExamples for each medium, OSOffer extra detail for keen beans

Not a panacea, but central Not a panacea, but central Can be useful for everything from

request to buzz off to prosecution brief/admissible evidence

If it’s serious need to emphasize provenance, reliability, credibility of source and process

A useful exercise: to develop the supporting tools to encourage and enable active evidence gathering

Use it: Evidence at workUse it: Evidence at workNegotiationsInsurance?Reporting to system ownersSeeking helpReporting to policeBasis for prosecution or AVOPermanent record in case

escalation(Make sure you backup! duplicates)

What’s wrong with this picture?What’s wrong with this picture?While generally safe to collect, certain

uses may trigger further risksSome people not interested or ableAuthentication requires some thought

(and perhaps training resources)Not a magic bulletPerp may be too cunning?Prosecution may not be able to exploit

David Vaile, Executive Director

Cyberspace Law and Policy CentreUNSW Law Faculty

d.vaile@unsw.edu.au

02 9385 3589

http://cyberlawcentre.org/2009/cyberstalking/