21.1 How Cyberstalkers Operate

Cyberstalking works in much the same way as stalking in the physical world. In fact, many offenders combine their online activities with more traditional forms of stalking and harassment such as telephoning the victim and going to the victim's home. Some cyberstalkers obtain victims over the Internet and others put personal information about their victims online, encouraging others to contact the victim, or even harm them.

CASE EXAMPLE (ASSOCIATED PRESS 1997):

Cynthia Armistead-Smathers of Atlanta believes she became a target during an e-mail discussion of advertising in June, 1996. First she received nasty e-mails from the account of Richard Hillyard of Norcross, GA. Then she began receiving messages sent through an "anonymous remailer," an online service that masks the sender's identity.

After Hillyard's Internet service provider canceled his account, Ms Armistead-Smathers began getting messages from the Centers for Disease Control and Prevention in Atlanta, where he worked. Then she got thousands of messages from men who had seen a posting of a nude woman, listing her e-mail address and offering sex during the Atlanta Olympics.

But police said there was little they could do - until she got an anonymous message from someone saying he had followed Ms Armistead-Smathers and her 5-year-old daughter from their post office box to her home.

People say "It's online. Who cares? It isn't real. Well this is real," Ms Armistead-Smathers said. "It's a matter of the same kind of small-minded bullies who maybe wouldn't have done things in real life, but they have the power of anonymity from behind a keyboard, where they think no one will find them."

In general, stalkers want to exert power over their victims in some way, primarily through fear. The crux of a stalker's power is information about and knowledge of the victim. A stalker's ability to frighten and control a victim increases with the amount of information that he can gather about the victim. Stalkers use information like telephone numbers, addresses, and personal preferences to impinge upon their victims' lives. Also, over time cyberstalkers can learn what sorts of things upset their victims and can use this knowledge to harass the victims further.

Since they depend heavily on information, it is no surprise that stalkers have taken to the Internet. After all, the Internet contains a vast amount of personal information about people and makes it relatively easy to search for specific items. As well as containing people's addresses and phone numbers, the Internet records many of our actions, choices, interests, and desires. Databases containing social security numbers, credit card numbers, medical history, criminal records, and much more can also be accessed using the Internet. Additionally, cyberstalkers can use the Internet to harass specific individuals or acquire new victims from a large pool of potential targets. In one case, a woman was stalked in chat rooms for several months, during which time the stalker placed detailed personal information online and threatened to rape and kill her. Some offenders seek victims online but it is more common for stalkers to use chat networks to target individuals that they already know.

21.1.1 Acquiring Victims

Past studies indicate that many stalkers had a prior acquaintance with their victims before the stalking behavior began (Harmon et al. 1994). The implication of these studies is that investigators should pay particular attention to acquaintances of the victim. However, these studies are limited because many stalking cases are unsolved or unreported. Additionally, it is not clear if these studies apply to the Internet. After all, it is uncertain what constitutes an acquaintance on the Internet and the Internet makes it easier for cyberstalkers to find victims of opportunity.^[1]

Cyberstalkers can search the Web, browse through ICQ and AOL profiles, and lurk in IRC and AOL chat rooms looking for likely targets - vulnerable, under-confident individuals who will be easy to intimidate.

CASE EXAMPLE

One stalker repeatedly acquired victims of opportunity on AOL and used AOL's Instant Messenger to contact and harass them. The stalker also used online telephone directories to find victims' numbers, harassing them further by calling their homes. This approach left very little digital evidence because none of the victims recorded the Instant Messenger sessions, they did not know how to find the stalker's IP address, and they did not contact AOL in time to track the stalker.^[2]

Of course, the victims were distressed by this harassment, feeling powerless to stop the instant messages and phone calls. This sense of powerlessness was the primary goal the cyberstalker. This stalker may have picked AOL as his stalking territory because of the high number of inexperienced Internet users and the anonymity that it affords.

As a rule, investigators should rely more on available evidence than on general studies. Although research can be useful to a certain degree, evidence is the most reliable source of information about a specific case and it is what the courts will use to make a decision.

21.1.2 Anonymity and Surreptitious Monitoring

The Internet has the added advantage of protecting a stalker's identity and allowing a stalker to monitor a victim's activities. For example, stalkers acquainted with their victims use the Internet to hide their identity, sending forged or anonymous e-mail and using ICQ or AOL Instant Messenger to harass their victims. Also, stalkers can utilize ICQ, AOL Instant Messenger, and other applications (e.g. finger) to determine when a victim is online. Most disturbing of all, stalkers can use the Internet to spy on a victim. Although few cyberstalkers are skilled enough to break into a victim's e-mail account or intercept e-mail in transit, a cyberstalker can easily observe a conversation in a live chat room. This type of pre-surveillance of victims and amassing of information about potential victims might suggest intent to commit a crime but it is not a crime in itself, and is not stalking as defined by the law.

21.1.3 Escalation and Violence

It is often suggested that stalkers will cease harassing their victims once they cease to provoke the desired response. However, some stalkers become aggravated when they do not get what they want and become increasingly threatening. As was mentioned at the beginning of this chapter, stalkers have resorted to violence and murder. Therefore, it is important for investigators to be extremely cautious when dealing with a stalking case. Investigators should examine the available evidence closely, protect the victim against further harm as much as possible, and consult with experts when in doubt. Most importantly, investigators should not make hurried judgments that are based primarily on studies of past cases.

^[1]A victim of opportunity is a victim whom a stalker was not acquainted with before the stalking began.

^[2]Recall from Chapter 17 that netstat can be used to view current and recent TCP/IP connections to a computer. Investigators can use an IP address to track down a cyberstalker.