cyberstalking and what you can do about it david vaile, executive director cyberspace law and policy...
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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
02 9385 3589
http://cyberlawcentre.org/2009/cyberstalking/