Stalking in Yasni Exposé of Nicole Androun

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Nicole Androun, chicago

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Nicole Androun @ chicago
Oct 10  +

9 results for Nicole Androun

Man gets two years in cyberstalking case

    [June 18, 2009] Man gets two years in cyberstalking case Jun 18, 2009 (The Kansas City Star - McClatchy-Tribune Information Services via COMTEX) -- Every night for months she lay in bed, frightened and alone, waiting for the next knock on her door.   More than 30 men showed up "at all hours" looking for sexual encounters they thought she was offering.   For the former Gladstone woman, that was part of a 2 1/2 -year campaign of online harassment from a man she had dated for only a month and a half.   Now married and living in another state, the woman was back in Kansas City on Wednesday to testify in the federal court sentencing of Shawn D. Memarian, who pleaded guilty earlier this year to cyberstalking.   U.S. District Judge Nanette Laughrey sentenced Memarian to two years in federal prison without parole and said she would recommend his placement in a facility where he could receive psychiatric evaluation and possible treatment.   His victim told the judge that, more than anything, she wanted to stop the same thing from happening to somebody else.   "I know how scared I was in the beginning," she said. "I never knew what he was capable of doing." Besides placing the online sexual ads that included his victim's home address and phone number, Memarian sent numerous e-mail threats against her and her family.   Even after she obtained a court restraining order, the harassment continued, she testified. At one point, Memarian, who had claimed to have connections with an organized crime family, sent threatening e-mails purportedly from a member of that family.   He even found her after she moved to another state and began using her married name, she said.   Assistant U.S. Attorney John Cowles said Memarian, 29, deserved the 37-month sentence called for by sentencing guidelines. Cowles called sending numerous strangers to the home of a single woman "particularly chilling." "It was extremely dangerous, reckless behavior that put the victim at risk," Cowles said.   Memarian apologized Wednesday. Defense attorney Brian Gaddy asked the judge to take into account Memarian's combat service in Iraq.   Gaddy said that some of Memarian's traumatic experiences were not an excuse, but that the things he did, even continuing after he knew police were involved, showed that he was not functioning normally.   The judge said she considered Memarian's military service in sentencing him to less time than in the guidelines.   "Absent your military history I would have no hesitation in throwing the book at you," she said.   To reach Tony Rizzo, call             816-234-4435       or send e-mail to trizzo@kcstar.com.   To see more of The Kansas City Star, or to subscribe to the newspaper, go to http://www.kansascity.com. Copyright (c) 2009, The Kansas City Star, Mo.   Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call             800-374-7985       or             847-635-6550      , send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. [ Back To TechZone360's Homepage ]
Nicole Androun @ chicago
22x
yasni 2012-04-07  +  

Sentenced To 5 Years For Cyberstalking

Man Sentenced To 5 Years For Cyberstalking March 22, 2011 7:01 AM Share this Reporting Tony Hanson Filed under Crime and Justice, Heard On, Local, News, Philadelphia, Watch + Listen Related tags Cyberstalking, Prosecutor Michael Levy, Todd Hart PHILADELPHIA (CBS) – A 26-year-old man has been sentenced to just over five years in prison in federal court in Philadelphia in a frightening case of cyberstalking. Todd Hart just couldn’t let go when his girlfriend announced she was moving to California for an educational opportunity. Prosecutor Michael Levy says Hart threatened suicide, but when that didn’t work, the threats and harassment began. He targeted the woman, her family and friends with threatening calls and emails, changed the password of some online accounts and moved money from her banking accounts. “I’m still suffering with some emotional impacts from it,” the woman testified in court. “I am a little paranoid.  I will never use the internet as a dating service again. I feel angry. I feel betrayed. I feel spoofed. I feel stupid.”
Nicole Androun @ chicago
24x
yasni 2011-10-30  +  

OFFICE OF THE UNITED STATES ATTORNEY WESTERN DISTRICT OF MISSOURI

NEWS RELEASE OFFICE OF THE UNITED STATES ATTORNEY WESTERN DISTRICT OF MISSOURI   JOHN F. WOOD   Contact Don Ledford, Public Affairs ● (816) 426-4220 ● 400 East Ninth Street, Room 5510 ● Kansas City, MO 64106 www.usdoj.gov/usao/mow/index.html   JANUARY 7, 2009 FOR IMMEDIATE RELEASE   KC MAN PLEADS GUILTY TO CYBERSTALKING   FALSE WEB SITE ADS INVITED STRANGERS TO VICTIM’S HOME FOR SEXUAL ENCOUNTERS   KANSAS CITY, Mo. – John F. Wood, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to cyberstalking.   Shawn D. Memarian, 29, of Kansas City, pleaded guilty before U.S. Magistrate Judge Robert E. Larsen this afternoon to using the Internet – including e-mails and Web site postings – to cause substantial emotional distress to his victim and place her in fear of death or serious bodily injury.   Memarian, who worked a civilian software application developer for a defense contractor at the United States military installation at Fort Leavenworth, Kan., met his victim online and they dated for approximately a month during June and July 2006. The victim, a Gladstone, Mo., woman, later moved to Colorado. Memarian admitted that, after she broke off their relationship, he used a variety of aliases and e-mail accounts to conduct his harassment and intimidation of the victim.   Between late July 2006 and September 2006, Memarian, who was posing as the victim, created two online personal ads purporting to seek male suitors for the victim. Memarian posted these false personal ads on Myspace.com and Craigslist.com. Memarian posted the victim’s phone number and home address in these ads. Memarian also described the victim as a “sex freak.”   The victim received phone calls and personal visits from the online suitors, who were responding to Memarian’s false personal ads for sexual encounters. In fact, between Aug. 1 and Sept. 28, 2006, the victim had approximately 30 unknown men arrive at her home in response to Memarian’s e-mails and ads. Many of the visits were at night when the victim was home alone.   Memarian posted additional personal ads on Craigslist.com, Facebook.com and Myspace.com for the purpose of threatening, intimidating or injuring the victim. Memarian also created a Web site on Geocities.com to threaten the victim.   Memarian sent more than 75 threatening e-mails between August 2006 and May 9, 2008. Memarian’s threatening e-mails continued until the date of his arrest on May 9, 2008. Memarian sent many of these threatening e-mails from his work e-mail account.   The cyberstalking began in July 2006, when Memarian sent threatening e-mail messages to the victim. After being told by the victim that she was saving his e-mails for law enforcement, Memarian wrote back: “Yes good thing .... you don’t recall who I used to date I take it.” Memarian was referring to his claims that he had previously dated the granddaughter of an Italian organized crime family. Memarian subsequently created an alias by the name of Sal Civella to threaten the victim with the fear of physical and financial harm that would be dealt by an organized crime family.   Memarian threatened the victim with physical, emotional and financial harm through e-mail messages and online postings in order to “get even” with the victim. Memarian admitted that his purpose was to intimidate her into: (1) reimbursing him $76 for the cost of one of their dates; (2) reimbursing him half the cost of an attorney he retained to defend himself in connection with the orders of protection the victim sought against him; and (3) returning personal effects he had loaned or given to her during their relationship.   Under federal statutes, Memarian is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.   This case is being prosecuted by Assistant U.S. Attorney John E. Cowles. It was investigated by the Gladstone, Mo., Police Department and the Federal Bureau of Investigation. **************** This news release, as well as additional information about the office of the United States Attorney for the Western District of Missouri, is available on-line at www.usdoj.gov/usao/mow/index.html
Nicole Androun @ chicago
29x
yasni 2011-09-15  +  

REMEMBER: PROTECT YOURSELF!

The Internet is a wonderful place to work, play and study. But don't let that fact make you blind to its down side. The Net is no more and no less than a mirror of the real world, and that means it also contains electronic versions of real life problems. Stalking and harassments are problems that many people especially women, are familiar with in real life. These problems can also occur on the Internet, in what has become know as "cyberstalking" or "on-line harassment". If you thought that owning a computer and having an Internet account would make a person considerate and respectful; then think again. There are just as many predators in cyberspace as anywhere else. It is only their methods that have changed. Some predators might harass you by trailing around after you in live channels like lovesick puppies; unable to take NO for an answer and pestering you with email messages. In other cases this harassment may become a systematic campaign against you; where your harasser bombards you with threatening messages of hate and obscenities. Although distressful enough, the situation can even escalate to the point where your harasser traces your home address and telephone number; causing you to face not just emotional distress but also physical danger. It should come as no surprise to you that the "bad guys" are making use of this wonderful technology to harass people and prey on the innocent. Why wouldn't they? Not all bad guys are street punks with no education. Some are university graduates with computers. There have been many examples of cyberstalking crossing over to "IRL" stalking (In Real Life stalking). Sadly, those users who have been victims of cyberstalking, tell a similar story: That no one took the harassment seriously until it became "IRL". Cyberstalking can be a devastating experience for a person online. As they discover that the difference between the "Brave New World" of the Internet and the Real World is that in the real world people listen when you tell them you are being stalked and harassed. In cyberspace people say things like "well just turn off your computer". Such incomprehension is common. "You can't be hurt on the Internet - it's just words" is commonly heard and "If you can't handle it, then you shouldn't be online" is another commonly hear comment. The online stalking is just as frightening and distressing as off-line stalking, and just as illegal. girls and guys may be stalked on-line, but statistics show that the majority of victims are female. Girls/Women are the minority of the Internet population which means that their attention is generally a fierce competition between male users. This part of the Internet, resembles crude online single bars, with little in the way of politeness. Unfortunately the immediate and relative anonymity of live chat communications facilities enable users to be rude and insensitive. Cyberstalking and online harassment are also much easier to practice than real life stalking. In cyberspace, a stalker can harass their victim without ever have to leave the comfort of their own home, or have any witnesses to the incidents. Online users are vulnerable to being targeted as cyberstalking victims in three areas. 1) Live Chat or IRC (Internet Relay Chat): in which a user talks live with other users. This is the most common place for cyberstalking. 2) Message boards and Newsgroups: a user interacts with others by posting messages, conversing back and forth. 3) Email box: a user has the ability to write anything and even attach files to the email. Example: a user enables your email, via live chat or newsgroup postings, then emails you with obscenities, and attaches porno pictures. A common area regarding cyberstalking is at the "edu" sites, which are educational institutes, such as colleges and universities. One user might know another user personally and interacts on the Internet anonymously, so starting the cyberstalk. One student can enter the Internet as easily as another student, therefore not letting his true identity be known. And since user names can be unknown alias, who would ever know the identity or be able to prove the identity. In such cases, the stalker usually has the ability to trace the victim's phone number and sometimes the address of his victim. Other forms of online harassment: 1) Unsolicited email 2) Live Chat 3) Hostile Usenet Postings about you 4) Spreading vicious rumors about you 5) Leaving abusive messages on site guestbooks 6) Impersonation of you online 7) Electronic sabotage, (sending viruses, etc) 8) Threatening phone calls 9) Threatening mail 10)Vandalism of property 11) Physical attack. There are many precautions that you can take NOW to protect yourself in advance from the unwelcome attention of a cyberstalker. Remember: The goal of a cyberstalker is CONTROL. Your task is to reverse this situation. Keep control of who you communicate with on the Internet. To do this, you may like to consider the advice below. Remember, the time to deal with cyberstalking is before you become a target. CYBERSTALKING PREVENTION TIPS If you are being harassed online by a cyberstalker, the chances are that you are not the first person they have stalked. Cyberstalkers, like other predators, are opportunists. They know what they are looking for and how to get it. "Stalking" is a "power" crime, the stalkers has the power to make you suffer and enjoys that power. Stalkers' self-esteem rises when they attack your self- esteem. The more pain and suffering they can cause, the better they feel about themselves. The best protection against becoming a target of stalking is not to reveal anything personal that you might have in common. Often, stalkers are mentally unstable, paranoid, delusional, and extremely jealous, and have extremely low self-esteem. Stalkers may display selfishness, malice, sadism, be very cunning and arrogant. Most are anti-social, and to put it in layman's terms, be a "control freak", enjoying manipulating other people. They crave power over others, and enjoy the type power that hurts other people. harassment is common enough in live chat on the Internet. The three most common ways it can start are: 1) sexual harassment; 2) a flame war (argument that gets out of hand); 3)users that show their technological power by attacking innocent users, channels or even networks. Those who regularly start flame wars online are rude an obnoxious people, often having poor social and communication skills. Their idea of fun is throwing obscene abuse at another just to upset them. These kind of harassers are often loners who don''t have a companion and their attempts to attract your attention is often clumsy and crude. Care should always be taken when turning them away, as they are highly sensitive to rejection and humiliation, and could cause a vendetta to start against you. Understand that although clumsy and crude in most cases, the stalker is not stupid, they are very organized and usually experienced in their war against you. Stalking is a form of obsession. The difference between a normal cyber harasser and a cyberstalker, is this: harasser moves on to others and forgets you and a stalkers will come back to stalk you another day. The Internet enables the stalker, his powers, in most cases, merely a knowledge of the technology is all required to have the ability to stalk another user. Most stalkers, having been rejected desire to instill fear in users, therefore, upsetting the normal enjoyment of the Internet. Note that educated, smooth talking, responsible people also can be stalkers, appearing to be a perfect gentleman or lady with perfect manners. The major "clue" to cyberstalking, is when the stalker pushes for information regarding you personal life, private life, or life away from the net. Rule of thumb, as it may be referred to is: "NEVER GIVE ANY PERSONAL INFORMATION ACROSS THE INTERNET!" Online meetings should stay online, the individuals are, in fact, strangers. Online, the physical warning signs usually in the "body language" are missing. Also the clues of personality within the voice and eyes are missing. All there is to determine a personality is the skill in which they type there messages. There is no code of honor in protecting privacy on the Internet. Each user should therefore take steps to protect their privacy online. 1) never specify gender 2) use neutral-gender names 3) change your password often 4) edit your online profiles often 5) review your email headers and signatures often 6) use secure chat programs that do not permit tracking of your isp# 7) use a good chat network 8) use standard names, passive names to as to not draw attention to you 9) use anonymous remailer. 10)use an anonymous browser 11)use encryption to authenticate email 12) discuss privacy with your server. And last: learn your technology. REMEMBER: PROTECT YOURSELF!
Nicole Androun @ chicago
45x
yasni 2010-10-14  +  

Online Stalking

Many people are under the illusion that online stalking is somehow different from offline stalking. Some of those that believe this are the stalkers themselves. And so they assume that the police will not act. I for one know that the police can act on these laws, and do. Online stalkers are put in jail, just like stalkers that don't use computers. There is absolutely no difference. The police can get records for online stalkers directly from the service providers, so those hiding by using fake names can be easily identified. Even the telephone number that they use to dial in to the server can be traced. And there are a lot of other ways law enforcement can trace the stalker. These officers are networked with computer crimes officers all over the country so no matter where the stalker lives, they can be arrested for stalking you, no matter where you live. They can even put a trace on the stalkers email, and trace everything this stalkers sends no matter what ISP's the stalker is using. WHO DO YOU CONTACT ABOUT AN ONLINE STALKER? For most crimes, you would normally contact your local police, the sheriff's office or the state police, and you can do that with online stalkers. However, many of those offices are simply not equipped with trained personnel who can work effectively to have an online stalker that may reside in another state arrested. However, under a new federal mandate all states are now required to have a new Computer Crimes Division, that is headed by the state's Attorney General. These people deal specifically with crimes by stalkers and pedophiles and can make arrests no matter what state the stalker is in. :-)
Nicole Androun @ chicago
45x
yasni 2010-10-05  +  

ONLINE STALKERS CAN BE PUT IN JAIL

I have been researching heavily, and have found that indeed, the law does not differentiate between offline stalking and online stalking. If someone uses a computer to stalk you it is no different from if they were doing it by phone or in person. THEY CAN BE PUT IN PRISON! Do not threaten to have the stalker arrested. Don't even let them know the police have been contacted. They might slow down for a while, but they will return, and the next time they will be more careful making it harder for the police to catch them. You should notify the police the very first time someone threatens to stalk you. You should follow up with the police each time they harass you. Once the police catch the stalker you should PRESS CHARGES (Never let the stalker talk you out of pressing charges - don't believe their false promises to stop). In court, you should go in front of the judge and ask for the maximum punishment available by law.
Nicole Androun @ chicago
41x
yasni 2010-10-05  +  

Tips for Stalking Victims

These tips will help you guard your personal information and lessen the chance that it will get into the hands of a stalker or harasser. However, some of these tips are extreme and should only be used if you are indeed being stalked. Harassment can take many forms, so this information may not be appropriate in every situation and may not resolve serious stalking problems. 1. Use a private post office box. Residential addresses of post office box holders are generally confidential. However, the U.S. Postal Service will release a residential address to any government agency, or to persons serving court papers. The Post Office only requires verification from an attorney that a case is pending. This information is easily counterfeited. Private companies are generally stricter and will require that the person making the request have an original copy of a subpoena. Be sure to get a private mailbox that is at least two ZIP codes away from your residence. Use your private post office box address for all of your correspondence. Print it on your checks instead of your residential address. Instead of recording the address as "Box 123," use "Apartment 123." If you must use a traditional home mailbox, make sure it has a lock. 2. Do not file a change of address with the U.S. Postal Service. Send personal letters to friends, relatives and businesses giving them the new private mailbox address. Give true residential address only to the most trusted friends. Ask that they do not store this address in rolodexes or address books that could be stolen. 3. Sign up for your state's address confidentiality program. As of October 2007, 28 states had an address confidentiality program, though many of the other states and territories had some mechanism in place to protect victim confidentiality. Address confidentiality programs offer a no-cost mail-forwarding program that enables victims of domestic violence and stalking to protect their residential address. A few states limit the program to just the driver’s license or voter records. For a list, visit the Stalking Resource Center's Address Confidentiality Programs Chart. 4. Obtain an unpublished and unlisted phone number. The phone company lists names and numbers in directory assistance (411) and publishes them in the phone book. Make sure you delete your information from both places. Do not print your phone number on your checks. Provide a work number or use an alternate number such as a voice mail number when asked – that is, a message-only number that is used solely for receiving recorded messages from callers. Consider replacing you landline with a cell phone if you haven't already done so. (see below) Always use caution when sharing your number. 5. If your state has Caller ID, order Complete Blocking (called "Per Line" Blocking in some states). This can help prevent your phone number from being disclosed when you make calls from your home. Be aware that blocking is not 100% effective. Programming “glitches” can sometimes inadvertently reveal blocked numbers. At least one company now offers a service that can “unblock” blocked numbers. It does this by forwarding your call to a toll-free number, which can then capture your phone number. For the best protection, use a pre-paid calling card from a pay phone (but this may reveal the general location of the pay phone). As payphones are become less prevalent, you may also try a pre-paid cell-phone (see below). Consider using a Caller ID Spoofing service to mask your number. Also see PRC Fact Sheet 19: Caller ID and My Privacy. 6. Buy a pre-paid cellular phone with cash. You typically do not need to provide a billing address or sign a contract for these kinds of phones. Be sure to get a phone number with a different area code from your current location. The most secure phones are those that do not connect to the Internet. When activating your phone, provide little or no personal information. Immediately disable any location tracking services (talk to your carrier or refer to the manual to learn how to do this). Try to keep a charged cell phone readily accessible to call for help in the event of an attack. Some websites advertise a service to pinpoint the physical location of any cell phones (including those with location tracking disabled) using triangulation of signals to cell towers. Regardless of what these websites promise, it is extremely unlikely that anyone other than law enforcement agents and telecommunications companies have the ability to track the location of cell phones in the U.S. unless the phones have location tracking enabled or special software installed. Most of the time, a stalker would need physical access to your phone to install software in order to use location tracking devices. At a minimum, a stalker (or even the police) would need to know a victim's phone number in order to track his or her location through the phone. You can protect your phone number by using a Caller ID Spoofing service when you make phone calls. This will allow you to choose whatever number you want to appear on the recipient's Caller ID. Remember that when the phone is powered off completely, not even the police or a telecommunications carrier can track its location. If your stalker somehow learns your phone number, change your number by contacting your carrier. For maximum security, replace the phone entirely (especially recommended if your stalker gets physical access to your phone). Some domestic violence shelters offer free cell phones to battered women. 7. Guard the cell phones of your children. If your child has a cell phone, remember that it too can be an avenue for tracking you. A stalker who intercepts your child's phone, such as a former partner who has partial custody of a child, can load tracking or recording software onto a cell phone. Be just as cautious with a child's phone as you are with your own. 8. Avoid calling toll-free 800, 866, 888, 877 and 900 number services. Your phone number could be "captured" by a service called Automatic Number Identification. It will also appear on the called party's bill at the end of the month. If you do call toll-free 800 numbers, use a pay phone or a prepaid cellular phone (see above) that can be quickly disposed of, should the number become compromised. 9. Have your name removed from any "reverse directories." The entries in these directories are in numerical order by phone number or by address. These services allow anyone who has just one piece of information, such as a phone number, to find where you live. Reverse directories are published by phone companies and direct marketers. Contact the major directories and request that you be removed from their listings: * Haines Criss+Cross Directory, Attn: Director of Data Processing, 8050 Freedom Ave. N.W. , North Canton, OH 44720. By phone: Call (800) 843-8452 and ask for extension 312. * Equifax Direct Marketing Solutions (formerly Polk): By mail: Equifax Direct Marketing Solutions, Attn: List Suppression File, PO Box 740256 Atlanta GA 30374 Include your name, address, ZIP code, phone number and a description of what information you would like suppressed. By phone: (888) 567-8688. Review our list of Online Information Brokers to find out what companies may be publishing your information online. Some of these, such as Switchboard.com, are online reverse directories. Opt-out when possible if you believe they have accurate contact information for you. 10. Let people know that information about you should be held in confidence. Tell your employer, co-workers, friends, family and neighbors of your situation. Alert them to be suspicious of people inquiring about your whereabouts or schedule. If you have a photograph or description of the stalker and vehicle, show a photo or describe the person to your neighbors, co-workers, friends, family and neighbors. 11. Do not use your home address when you subscribe to magazines. In general, don't use your residential address for anything that is mailed or shipped to you. 10a. Do not accept packages at work or home unless they were personally ordered by you. 12. Avoid using your middle initial. Middle initials are often used to differentiate people with common names. For example, someone searching public records or credit report files might find several people with the name Jane Doe. If you have a common name and want to blend in with the crowd, do not add a middle initial. In fact, consider using your first initial and last name only in as many situations as you can. 13. When conducting business with a government agency, only fill in the required pieces of information. Certain government agency records are public. Anyone can access the information you disclose to the agency within that record. Public records such as those held by a county assessor, county recorder, registrar of voters, or state motor vehicles department (DMV) are especially valuable to a stalker, as are business licenses. Ask the agency if it allows address information to be confidential in certain situations. If possible, use a commercial post office box and do not provide your middle initial, phone number or your Social Security number. If you own property or a car, you may want to consider alternative forms of ownership, such as a trust. This would shield your personal address from the public record. (For more information on government records and privacy, see PRC Fact Sheet 11: From Cradle to Grave - Government Records and Your Privacy) 14. Put your post office box on your driver's license. Don't show your license to just anyone. Your license has a lot of valuable information to a stalker, including your date of birth. 15. Don't put your name on the list of tenants on the front of your apartment building. Use a variation of your name that only your friends and family would recognize. 16. Be very protective of your Social Security number. It is the key to much of your personal information. Don't pre-print the SSN on anything such as your checks. Only give it out if required to do so, and ask why the requester needs it. The Social Security Administration may be willing to change your SSN. Contact the SSA for details. (See PRC Fact Sheet 10: My Social Security Number - How Secure Is It?) 17. Alert the three credit bureaus--Experian, Equifax and Trans Union. Put a fraud alert on your credit reports to avoid fraudulent access. Better yet, freeze your credit reports. (See PRC Fact Sheet 17a: Identity Theft - What to Do if It Happens to You for information on establishing fraud alerts and security freezes. See Consumers Union's Guide to Security Freeze Protection) 18. If you are having a problem with harassing phone calls, put a beep tone on your line so callers think you are taping your calls. Use an answering machine or voicemail service to screen your calls, and put a "bluff message" on your machine to warn callers of possible taping or monitoring. Be aware of the legal restrictions on taping of conversations. Use an answering machine even if you already have Caller ID. It is possible for a tech-savvy stalker to circumvent Caller ID by having a trusted number appear when he or she calls. This practice is known as Caller ID Spoofing. Consider screening your calls by allowing all incoming calls to go to the answering machine before you pick up. If you have harassing or threatening messages left on your answering machine or voicemail, tape record them in case you need them as evidence for a restraining order or in filing a police report. (See PRC Fact Sheet 3: How to Put an End to Unwanted or Harassing Phone Calls. See also PRC Fact Sheet 9: Wiretapping and Eavesdropping on Telephone Calls. The Reporters Committee for Freedom of the Press offers a 50-state guide to laws regarding taping phone calls.) 19. If you are a victim of cyberstalking, act promptly and firmly to defuse the situation. Take potential threats seriously. Very clearly tell that person to stop, saying something like, “Do not contact me in any way in the future.” Sometimes it is helpful to copy your “stop” message to the abuse department of the harasser’s Internet service provider. (If you have trouble determining that ISP, contact www.Cyberangels.org or www.Haltabuse.org.) Do not respond to any further messages from the harasser or have anyone else contact the harasser on your behalf. Change your email address if necessary. Do not enter any personal information into online directories. See Cyberstalking Resources at the end of this guide and the PRC's Fact Sheet 18: Privacy and the Internet. For a list of state cyberstalking laws, see National Conference of State Legislatures. 20. Keep a log of every stalking incident. Building such a paper trail can make a successful prosecution more likely. Examples of evidence that may help build a case include: Caller ID records, logs of phone calls, copies of threatening letters and email messages, items sent to you in the mail, pictures of injuries, or even photos of the stalker outside your home. Plus, maintain a list of names, dates and times of your contacts with law enforcement. 21. Consider getting professional counseling and/or seeking help from a victims support group. They can help you deal with fear, anxiety and depression associated with being stalked. 22. Make a police report. Consider getting a restraining order if you have been physically threatened or feel that you are in danger. Study your state’s stalking law to gain a clear understanding of what conduct constitutes an offense under the statute. You should contact an attorney or legal aid office if a restraining order becomes necessary. When filed with the court, a restraining order legally compels the harasser to stay away from you, or he/she can be arrested. Be aware that papers filed for a restraining order or police report may become public record. Put minimal amounts of information on such documents and provide only a post office box address. Note: Some security experts warn that restraining orders sometimes lead to violence. Before obtaining a restraining order, consider your options carefully. 23. Be cautious about applying for a domain name. If you use your name as a Web site domain name (for example, www.janedoe.com), it will be relatively simple for potential stalkers to locate your physical address because that information is available in the domain-name databases. Check your current listing by visiting www.domainwhitepages.com. When registering a domain, look into private web registration services. 24. Develop a safety plan. Remember, even restraining orders do not always prevent stalking from escalating into violence. Make sure friends, neighbors, and co-workers know about your situation. Show them photos of the stalker. Keep handy the phone numbers of assisting agencies. Set up easy access to a reserve of money, credit cards, medication, important papers, keys, and other valuables in case you need to leave quickly. Have a safe place in mind that you can go in an emergency. Try not to travel alone. Always vary your routes. Carry a cell phone with you. 25. Password-protect all accounts, even your utilities. A stalker may try to transfer funds out of your bank account, cancel your credit cards or even cancel phone, electric or water service. Protect yourself by having hard-to-crack passwords on all of your accounts. See PRC Alert: 10 Tips for Creating a Hacker-Resistant Password. 26. Be aware of your cellular phone's geolocation technology. Geolocation technology built into your cell phone may enable a stalker to ascertain your location. You are at greater risk if the stalker has had access to your phone or your cellular account, and thereby may have had the ability to turn on geolocation tracking. If you suspect that your phone’s geolocation tracking has been activated, call your carrier to find out. Request that it be turned off. In fact, many domestic violence shelters will remove the battery from a victim's cell phone and/or turn it off to insure that the phone's geolocation feature cannot be used to locate the victim. 27. And these final tips from someone who was stalked for over three years: For your own protection, carry pepper spray. Get a mobile phone. Carry a digital or video camera. Never verify anything like your home address over the phone.
Nicole Androun @ chicago
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yasni 2010-10-05  +  

Cyberstalking and Internet Defamation

The headlines are filled with news of Google’s court-ordered exposure of a blogger’s identity after the blogger allegedly wrote defamatory remarks on her website, “Skanks in NYC.” For some reason the blogger, Rosemary Port, thought she was entitled to write anything without consequences because of the First Amendment right to free speech and anonymity. She was wrong. The incident has been referred to as cyberbullying, cyberstalking, internet defamation, online harassment, and cyberterrorism by citizen journalists and bloggers who either don’t know the difference between the terms or don’t care. Because internet law is defining itself before our eyes, it’s easy to get confused. Some recent court cases, though are making the differences between these online offenses clear. On September 19, 2006, Sue Scheff was awarded $11.3 million after a person repeatedly posted statements about Scheff on public forums and internet sites which attacked her personal character and business practices. This was a case of internet defamation or internet libel because the defendant’s statements were published, because they accused Scheff of illegal, immoral or unethical conduct, and because they caused damage to Scheff’s personal and professional reputation. At the time, this was a landmark decision and the largest settlement ever awarded for internet defamation. On August 21, 2009 Keeley Houghton pleaded guilty and was sentenced to spend three months in a young offender institution after verbally attacking another teen on Facebook for four years, and posting a death threat. This was a cyberbullying case because it involved threats, harassment, humiliation, and embarrassment, and because both people involved were minors. In November 2007, Tracy Adams was convicted of 10 counts of computer trespass after he repeatedly hacked into his ex-girlfriend’s computer to retrieve personal information and use it to cause chaos in her life. In July, 2009, 18 year-old Bryce Dixon pleaded no contest to first degree cyberstalking after forwarding photos of his ex-girlfriend’s breasts to others. Dixon could have been sentenced to as much as 30 years in prison in this case, but was sentenced to probation and anger management classes instead. Both of these cases are being referred to as cyberstalking, because they involve the use of technology to maliciously harass, threaten or intimidate out of anger, revenge or desire to control. Cyberstalking is a term that is used liberally, but which is associated mostly with cases involving some sort of sexual communication between an adult and a minor, and cases which involve ongoing harassment, usually by an ex-spouse or romantic partner. On August 6, 2009, a “distributed denial of service” attack (DDos), was launched against Twitter, Facebook, YouTube, LiveJournal, and Blogger, which overloaded their servers, crashing their websites for hours and days. The same type of DDoS attack had been launched against several U.S. government websites In July, 2009, including the Treasury Department, FTC, Pentagon, and Homeland Security Department. These incidents are being labeled as cyberterrorism, although that term is generally reserved for incidents that cause physical harm, extreme financial harm, or death. While boundaries of behavior on the internet are in the process of being defined, the legal rulings so far are basically sending the message that the behaviors that are against the law in the real world are equally criminal in cyberspace. For some reason there seems to be an assumption among many web users that the only rule on the internet is that there are no rules. But freedom of speech has always had legal limits, with defamation legal proceedings dating back to the 1700’s. There has never been complete absolution granted by the First Amendment. Some internet writers, however, seem to be operating under the belief that absolution is possible if they hide behind cyberspace anonymity when they attack, harass, or harm others with words. That belief is wrong. That was the message that the court was sending with the surprisingly high amount of money that was awarded to Sue Scheff, which included $5 million in punitive damages. The judgment sent the clear message that free internet access does not mean the freedom to say or do anything without consequences. In Scheff’s case, the judgment was against a woman who had posted negative comments, insults, and false statements in forums and on websites – hundreds of them in just six months. Some of the negative posts were published under anonymous pseudonyms and some comments were posted as if they were written by Scheff herself, although she hadn’t engaged in the conversation. Because of the frequency of the posts and constant reference to her name, a Google search of “Sue Scheff” returned pages of results that were linked to these online accusations, insults and misrepresentations. In the eyes of those who believe everything they read on the internet, Sue’s personal and professional reputation was destroyed. Sue had become the victim of a “Google bomb.” “A public shaming has to be one of the worst things anyone can experience, whether it takes place in a small community or on the larger stage of media coverage,” Scheff says in her book about the case. “I wasn’t able to sleep. I was starting to cry a lot in private. The smile that had been so quick before had become strained and forced when I attended meetings or public events. I wasn’t hard-pressed to force too many smiles since my invitations were drying up.” Scheff co-authored her book, “Google Bomb,” with the lawyer who helped her secure the landmark judgment, John W. Dozier, Jr. In the book Dozier provides legal insight about internet defamation, and also provides some proactive advice about steps that can be taken to protect your reputation even before you are attacked. “The monsters of the web are thieves in the worst way” Dozier wrote in the book. “They steal your name and your reputation, strip from your grasp the opportunities our America offers, convert your pride to embarrassment and your honor to shame.” At the heart of internet defamation, which seems to have grown to pandemic proportions, is the issue of anonymity. Blogger Rosemary Port has announced her intention to sue Google for revealing her identity as the owner of the Blogger “Skanks” site on which objectionable remarks about a New York model were posted. Port believes that Google has violated her right to privacy by revealing her identity, and consequently, making her accountable for her words. “I would think that a multi-billion dollar conglomerate would protect the rights of all its users,” Port was quoted as saying by the New York Daily News. This issue of internet anonymity is addressed in “Google Bomb” by Dozier, who has watched the concept get challenged in a number of court proceedings. “There is no absolute right to online anonymity,” Dozier says in the book. “The courts have long recognized the need to unmask those who hide behind false identities on the Internet. Those who defame, those who spam, those who hack, and in some circumstances those who use wrongful commercial speech… their anonymity is rarely protected.“ It is this anonymity which makes the internet a breeding ground for defamation. “They are scared to disclose their identity because they don’t have the courage to stand up to their convictions,” Dozier says in “Google Bomb.” He adds, “They are scared to get caught. Free anonymous speech is their virtual ski mask as they threaten and rob families and businesses of their livelihoods and good names.” The media attention given to the “skanks” case, and the court-ordered accountability that Port faced has left the blogosphere buzzing and the Twittersphere tweeting with questions about accountability and limits. There is a heightened awareness about both the motivation and the effect that written words have, especially when they are accessible to billions of people. It is not the right to express yourself freely in a public forum that the court is reining in with these recent decisions. Rather, the limits are being placed on the right to cause harm to others because you have the ability to anonymously access a public forum. For the victims, it’s about regaining the right to life, liberty, and the pursuit of happiness, which internet defamation, cyberbullying, and cyberstalking steal. “I think you have to walk a mile in those shoes to completely grasp the intensity of desertion and despair that those of us who have lived it feel,” says Scheff. “Google Bomb,” written by Sue Scheff and John W. Dozier, Jr. is scheduled for release on September 1, 2009.
Nicole Androun @ chicago
31x
yasni 2010-10-05  +  

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