Cyberstalking is the use of the Internet, email, instant messaging, or other electronic communication devices to stalk another person.
Stalking generally involves unusual behavior such as harassing or threatening an individual. Acts of cyberstalking can be simple things — using social media to follow a person online or in person at home, school, or in public — followed by harassing phone calls, electronic messages, posts, and instant messages.
Most stalking laws require that the perpetrator make a credible threat of violence against the victim. Others include threats against the victim's immediate family. Some require only that the alleged stalker's course of conduct constitute an implied threat.
Using Technology for Stalking
Many stalkers, online or offline, are motivated by a desire to exert control over their victims. Every keystroke, website visit, post, email, and electronic communication leaves clues — identity, location, operating patterns. Users also reveal technical details: browsers, phones, computers, operating systems, MAC addresses, SSIDs, and IP addresses.
Most websites sell IP addresses to generate revenue from alliance partners. Each website visit links an IP address to an average of 4 to 10 other websites, creating an exponential effect.
Evidence suggests the majority of cyber stalkers are men and the majority of victims are women, though cases of women cyberstalking men and same-sex cyberstalking have been reported. In many cases, the cyberstalker and victim had a prior relationship — the stalking begins when the victim attempts to break it off.
Cyberstalking does not involve physical contact, but it can be just as threatening as physical stalking and may escalate to physical violence. Stalkers can take advantage of easy communications and increased access to personal information through Instagram, Facebook, Pinterest, and similar platforms.
The Preliminary Investigation
Once grounds exist for a cyberstalking case, the investigator or law enforcement should encourage a preliminary criminal investigation and obtain specific information from the complainant.
### Step 1 — Identify the Source
Ask the complainant if they know who is sending the harassing messages. Take an investigative interview statement with specific information about the suspect: name, age, address, telephone number, vehicle information, and relationship to the victim. Obtain copies of the messages showing the email address, website URL, nickname, screen name, and message content.
### Step 2 — Establish Motive
Ask open-ended questions about why the harassment is occurring. Record the complainant's explanation in detail — knowledge of the reason often helps identify an unknown harasser.
### Step 3 — Establish a Timeline
Determine when and how the harassment began. Determine if contact has been solely via the Internet or includes other harassment such as telephone calls, texts, USPS letters, or contacts at the complainant's workplace or other locations. Determine whether relatives or friends have also been subjected to harassment.
### Step 4 — Assess Physical Risk
Determine whether the complainant has been threatened with physical harm or physically attacked. Electronic messages often threaten violence, rape, and death. Documentation should detail how these threats were communicated. If the complainant has been attacked, the threat has escalated beyond electronic communication.
### Step 5 — Secure Evidence
Secure any physical evidence available and start the chain of custody. Material should be saved in both paper printouts and electronic files on a disk, CD, or DVD-ROM. Items to request include:
- Email messages. - Chat-room messages. - Instant messages. - Web-page images. - Social-networking messages and wall posts. - Mailing-list messages. - Message-board messages. - Telephone or cell-phone conversations and answering-machine messages. - Text messages. - Postal letters. - Photographs.