Main Index : Writings of Marie A. D'Amico, Esq.

The Law vs. Online Stalking

Marie D'Amico February 1997

The Law vs. Online Stalking

How do laws work for you when your stalker lives in cyberspace?

An estimated 200,000 Americans are being stalked right now. The overwhelming majority of them are women stalked by ex-boyfriends or ex-husbands. Luckily, almost every state has enacted anti-stalking statutes since 1990. Now the Internet, which enables users worldwide to find personal information about you in a few simple key strokes, has become another weapon in the stalker's arsenal.

The problem is called "cyberstalking" (See NetGuide , Dec. 1996, p. 38), and the legal system has to decide how to handle this new kind of harassment.

On Oct. 14th, Texas District Court Judge Joe B. Brown issued the first temporary restraining order to an online stalker. His order states that from Sept. 29 until the court's hearing in October, defendant Kevin Massey harassed Internet America, Inc. , a Dallas Internet service provider, its CEO, Robert Maynard, and his wife and co-founder, Teresa.

The judge's opinion alleges Massey repeatedly posted messages to Usenet groups and sent e-mail to the Maynards alleging that Internet America was engaging in criminal conduct. Massey also allegedly posted accusations that the Maynards were engaged in "vulgar, profane, obscene, and indecent conduct," and he allegedly posted false personal statements about Mrs. Massey designed to cause her emotional distress. Massey also allegedly threatened the Maynards and Internet America employees with imminent bodily harm.

In an unusual move, the judge served the restraining order by posting it on the Internet and delivering it to Massey via e-mail. The judge also issued the temporary restraining order without notifying Massey first, saying the matter was "in the nature of an emergency" and there was not enough time to provide notice. The restraining order has now expired, but both Internet America and the Maynards are pursuing civil claims and damages against Massey for invasion of the Maynard's privacy, harassment of the Maynards, and intentional interference with Internet America's contractual relations.

What can you do if someone harasses you online? Check your state's criminal and civil statutes against stalking. Each state statute defines the activities that constitute illegal harassment or stalking. Consider civil court action, such as obtaining a restraining order. The Maynards used a private investigator to unearth Massey's identity; your service provider may aid you in determining your stalker's true name. If your stalker violates the restraining order, he can be held in contempt of court and fined or imprisoned.

Most security experts recommend taking precautions to protect your privacy online. Ask your online service provider about its privacy policy, and shop around for one that best protects your privacy.

Create a nonsensical password that combines numbers and letters, and change your password frequently. If you're a woman, create an ambiguous online ID. And never leave your computer unattended while you're online.

Unless you encrypt your e-mail with programs like PGP ( Pretty Good Privacy ), assume your e-mail is not private. So limit the personal information you release online and don't create an online biography containing personal information. Also, be careful when you post to Usenet newsgroups. Many online White Pages get their personal information about you from Usenet archives.

As for protecting your children, buy a parental control program to prevent your child from releasing personal information like your home address, telephone number or credit card number via the Internet.

If the worst happens, save all harassing e-mail messages in digital and hard copy form, and contact your service provider about them immediately. It would be wonderful if the Internet were free from the scares of the real world. Unfortunately, it's not. So do what you can to protect yourself.

Marie D'Amico is an intellectual property attorney and writer on legal and technology-related issues. Based in San Carlos, Calif., she can be reached via email ..