The lawyer says: what are the Indian laws to prevent cyber stalking?

http://www.cybervictims.edu.tf/

The American laws, the English laws and even the Australian laws identify cyber stalker as one who has a *motive to harm* the followed person.

Indian law specifically does not mention anything about stalking or cyber stalker. If you want a very technical legal answer , “cyber stalker” is actually a free bird in India ( as there is no mention of “cyber stalking” in any laws in India). But wait a second. Cyber stalker, you are an offender in India too. How? Cyber stalker peers into the privacy of the individual with an intention to *disturb* the privacy, which is very well protected by information technology law of India. Then how can we teach these “criminals” a lesson or two? I have seen generally after some strong steps taken by the victim ( if the victim is strong enough to face the situation) , the stalking habit of the perpetrator die down. But when it goes beyond control, you have no other way but to contact the police. Even though the present Cyber law is not equipped enough to punish the stalkers, the Indian Penal code has *strong words* to protect harassment which goes very near to the characters of stalking. Hence remember, once a stalker is convicted by the police, he /she can go through rigorous punishments under both IT Law as well as the Indian penal Code. But then how long will it take for the whole process of “cat chasing and capturing the rat”? My friend “Cyber Cop” assured me that if the victim cooperates , the police can nab the “criminal” and start the judicial procedure to punish him for his misdeeds within a month ( when the stalker resides within India) to six months( when the stalker resides outside India) . However, the grim picture is, still now victims don’t feel comfortable to report.

But readers, don’t think that the cyber stalker can stop within the blue screen of the computer. I know several cases where the stalking actually started inside the net and the NET spread outside the internet also. In my earlier posts I have given many examples of such online –offline stalking. I am sure, many of you my readers, can relate the story to your own cases, even the cases of some of your friends too. Do you know why such incidences are becoming “common stories”? It is because of the Victims of stalking. Be it a man or woman , the victim feels scared first and then feels “why should I report ?” better hide than be object of discussions .Come on, if you don’t report then who else will?

I am watching I am watching……. And here I come to hurt you: Cyber stalking: Part: 3

http://www.cybervictims.edu.tf/

Cyber stalking is such a mischievous idea to “tease” and harass victims. There are some mischief mongers who love to play with the human sentiments and the new joinees in the gang are some real hard nut cyber stalkers. In India the concept of cyber stalking is relatively new (blame on our IT Law which doesn’t say anything about cyber stalkers). But the word created a panic among ordinary net users, especially women. If you consider “hackers” as the “most brilliant” of the cyber criminals, stalkers are most wicked of them. Not necessarily these stalkers are hi-tech people; most of them have a vengeance against their “prey” and some just play with the net-users they randomly choose. Now, what could be the reason of vengeance? Anything…. Jealousy, romantic breakup, revengefulness, and even domestic violence. Jealousy, the green eyed monster, has got suitable arm through internet to hit the “target”. I am sure many of you readers have experienced such cyber effect of jealousy… well, I have. I did get to see how one is followed in the cyber space and the stalker reached not only the victim’s immediate family, but even extended family as well. He first introduced himself as someone who wants to know about the victim for business purpose and then abused the victim to whomever he reached .Finally he was able to create a “bad name” for the victim. Similarly, ending up romantic liaison could be heart breaking. But then, seeing the same man/woman who once promised his/ her life for the partner, turning into a virtual beast is more painful. But then people are only in love and “everything is fair in love and war” .. isn’t it? Imagine what happens when the present or ex husband/wife starts stalking the other spouse just to irritate him/her ……. Somewhere I read about a Chinese couple who *mistakenly* chatted with each other (both in different screen names) and started *following* each other virtually. In no time the followers became stalkers because they realized that they were real life husband and wife who loved to fool each other by involving with may virtual girlfriends and boyfriends respectively…. Phew…..I laughed, rolled on the floor in laughing. But this was not the similar “funny” experience when I heard one of my own friend is being stalked by her ex husband. They are divorced, legally separated, mentally fell apart from each other, but still then the “husband” decided not to leave the wife without teaching a lesson. Through his email id he reached all the common friends as well as her own friends and described her in all the possible disgracing languages one may know. He even entered her social networking circle, found out the groups where she was a member and started making friends with other members to defame her. My friend got alarmed when she received an SOS from her well wishers. But by then the harm was done for no fault of the victim. But she is not the only one… I heard from another friend of mine that a man (whom the victim didn’t know in real life but knew as a friend of her friend in a popular social networking website where she is a member) called her best friend to say he is waiting outside her (the victim’s) office after he “hit” her boyfriend in the middle of the road. He claimed to be a “better person” than the man she was having affair with. The girl was terrified, couldn’t concentrate on her job and didn’t have her lunch until the late evening when she finally got her boyfriend’s line to know whether he was all right and confirmed that she has not told any of her virtual friends about her romantic affair with her boyfriend. Sounds petrifying? Yes … this is the effect of cyber stalking.

Are you pulling your friend in the vicious net?Cyber stalking, Part:2

http://www.cybervictims.edu.tf/
contd from my earlier post....

The last point that I mentioned in the previous post was about CCing the mails. Believe it or not, this attracts cyber stalking as well. I was completely oblivion of this fact (excuse my innocence) until and unless one senior friend of mine pointed out that sending bulk mails is actually a way of pulling your friend in the vicious net . You may have several people in your “list” to inform the good news or even a bad news. You don’t have time to mail every id individually. But then you must remember that the recipient may misuse the email ids he receives in the bulk mail. Well it need not be him, but it could be someone else who may have hacked his email id. Such bulk mail gives a large number of “games” for the hacker and in no time you may find your own email id is hacked as well.

But could CCing be so dangerous? Probably yes. I have one friend who had two ids in her list and whom he used to mail regularly. Well, he knew that these two people had a romantic inclination towards each other in real life but he didn’t know that the relationship has turned sour. The female recipient had put the mail in the spam list and never looked into the content. The male recipient found out his long lost ex sweet heart and immediately took up the thread to continue virtual war. He mailed almost all the recipients of the said mail to know her where about. Some knew the relationship some didn’t know. Virtually he traveled half the globe, reached hundreds of friends and made the girl understand he still remembers her “rude” rejection. Now who is to be blamed for rolling the ball? My poor friend had to close his “doors” in the internet for few months until the war died down again with the help of another common friend. But this is not an uncommon story. This happens to many email users who unknowingly invite trouble for their friends. I suppose the only way to avoid such embarrassment is to stop CCing any personal mail to your “bulk of friends”. Instead, BCCing is better where you may not only save time but you can also spare your friends from falling prey to stalker.

Cyber Stalking in the Indian cyber space: Part 1

http://www.cybervictims.edu.tf/

This is something which caught my attention way back in 2005-6, when I started doing independent researches on cyber crime targeting individuals. Let me begin as how cyber stalking starts. A very easy way to attract stalker is to *publicize* yourself in the internet. This can happen through numerous ways, such as:
1. through your blogs,
2. your social networking profiles
3. your websites
4. your albums in the internet
5. your views for other’s blogs
6. and last but not the least, when you are being CCed by your friend in a bulk message.
I have watched that when you start a blog, you are given option to invite “outsiders” to visit your blog and comment on your blog. You can strictly moderate the comments. But many don’t do so and thereby giving an open invitation to many troubles, one of which is obviously stalking. Social networking also encourages stalking. It is rather an open gateway for stalkers to come in and start stalking especially when you have not used “lock buttons”. The same goes to your website, your albums and your views for other’s blogs. Infact it is true that people express their views, albums, about themselves etc in the internet to get noticed by the millions of net users worldwide. But then do remember that you are being followed by thousand pairs of eyes. Now, we must remember that all stalkers are followers, but all followers are not stalker. Who are the “followers”? Several cyber psychological, cyber criminological, cyber legal articles in peer reviewed journals as well as popular magazines talk about the nature of cyber stalker. One can understand that when a “follower” harmlessly follows any cyber “netizen”, say for example, his blogs, his website his social networking profiles and finally tries to reach him / her through his contact informations, preferably emails etc , he may come with a genuine interest to know the person he is following. He is not a typical “stalker” because he does not intend to harm the followed person. Well, I do follow numerous people in the net. For instance, I am a die hard fan of actor Ashis Vidyarthi, the noted “criminal” of many block buster Indian movies. I started following him in the internet. I read numerous articles about him and finally one day I got him in the Facebook. I first checked whether this was the real profile of the actor or not by checking with my cousins who are in his friends’ list and then approached him to be my friend in the Facebook. Did I stalk him? No, I just followed him. Next in my list was Jayne Hitchcock, President, WHOA . This wonderful lady, who was my main inspiration for opening up the CCVC, had been a “mysterious” figure for me until the day I found her out in the internet. I became a proud member of WHOA and I started following her write ups to know her personally. I never missed any links she gave in the internet and finally I could “see” her in the Facebook too. I came to know about her family, saw her wonderful mother, her lovely dogs, and even her favorite dishes too. I still “follow” her (readers please excuse me for my habit of “following” only *celebs*. But I can’t help it). Well, I do *follow* but don’t *stalk* and I don’t do any crime. But then if anyone follows any individual with a vengeance, it certainly doesn’t remain a pleasant experience for the “followed” individual and then the act turns into “stalking”.

More to come in the second part

ARE YOU A VICTIM?

Let me start this blog for the CCVC with a complicated question…………...

Are you a victim?

In India majority of the internet users know that they are “victims” when they find their email / profile has been “hacked”, or credit card users find their bank account is leaking without their knowledge. Some however feel that they are victimised when they see that a known / unknown id is repeatedly sending mails to his/ her email id and that of her close acquaintances also. Thanks to the numerous online articles about the nature of the *popular* cyber crimes ………………..these victims suddenly understand that it is nothing but “stalking”. In fact I have felt that hacking is the most dangerous type of cyber offence that can happen to ordinary individual. Once a hacker cracks in, he gets numerous ways to “create” more offences. The hacked email id can be harbor of identity fraud, pornographic sites and even an elementary school for “baby hackers” as well. With the passing of each day a new type of internet offence is being discovered.

But online victimization does not end here.

I feel online victimization can best be compared with melted wax, which when poured in different “shapes” , becomes “wax dolls” of various VIP personalities which attract visitors from all over the world; or even “wax candles” which burn out with time giving new stock of wax to prepare another candle …….. may be of different shape. Say for example, stalking.

You enter a social networking website, make friends and then take part in various discussions. Suddenly you find you are having a long list of follows who start giving their opinions, some even going against you and expressing their own points of views. Some visit your profile to see who you are, some extend their friendships and some just peep in and go off. Then suddenly you get to see some of these new found friends coming over to your “virtual home “to have a tete –e tat with you. And suddenly all hell break loose when you and he / she differ with each other. Finally it turns out to be a verbal war and it even goes public. You feel restless and keep on looking at your mail box whether he / she has replied you again, whether he / she has posted anything against you in the forum board.

Do you think you are an ordinary net surfer now? No, you have become a VICTIM of flaming words and bully. Perhaps you did the same thing to your “friend” too and thus you instantly become an offender too. Some of your “visitors” now start to follow your virtual whereabouts regularly and suddenly you receive an urgent call from your real life friend/ relative that some one has sent “very disturbing stuff” from “your contact”. Slowly this net reaches your office where half of the people come to know what is your "second self ". Don’t be surprised if you get to hear that you play “not mentionable games” in the virtual world. You wonder who did it. And how did he/ she get to know your friends/ relatives? ahoy…. You have become a Victim of stalking now.

Hence the “how you become a victim” probably only your virtual destiny knows (well jokes apart). But before being termed as a “victim” think twice what could have been led you to become one.

center for cyber crime victims

http://www.cybervictims.edu.tf/

Welcome to the blog of CCVC India

If you are a

1. a victim in the social networking websites
2. a victim of cyber harassment in the chat rooms
3. getting harassing emails in your email
4. fearing of being blackmailed through emails,
5. victim of stalking ( online and offline)
6. relative or friend of such victims
7. a corporate organization willing to know about cyber etiquettes and cyber safety measures for your people
8. an educational institution willing to interact with us
9. an NGO willing to interact with us …………………..

We welcome you to contact us at the center's email id @ ccvcindia@gmail.com.

Have a safe virtual life

Debarati Halder

Director, CCVC