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Home , Cyberstalking, Electronic harassment

Stalking in

John M. Deirmenjian, MD

The has revolutionized communication on a global level while creating a medium for . Cyberstalking has emerged as a new form of stalking behav- ior. While 10 states have passed laws against electronic , there has been great debate about whether electronic stalking constitutes criminal behavior or whether a perpetrator is entitled First Amendment protection. In the psychiatric literature to date, there are no studies of cyberstalking. This article focuses on relevant cases of stalking on the Internet. Specific legal issues associated with cyberstalking, such as boundary laws and freedom of speech, are examined. The psychological profile of the cyberstalker, as well as methods of intervention, are discussed.

The Internet is an international computer such as cyberstalking. Other cy- network that has pioneered a new me- berspace crimes such as computer hack- dium for communication known as cyber- ing, child , pedophilia, and space. By the year 2000, it is estimated hate crimes are often mistaken for cyber- that 40 million people in the stalking in the popular literature and the alone will be sending 60 billion electronic media. messages annually. ' Cyberstalking refers to harassment on Cyberspace law is developing as a mul- the Internet using various modes of trans- tidisciplinary specialty that encompasses all mission such as electronic mail (e-mail), cases, statutes, and constitutional provisions chat rooms, newsgroups, mail exploders, that impact persons and institutions in and the . Cyberstalkers cyberspace. The distinct components of can obtain personal information about cyberspace law include jurisdiction, free- their victims, such as home addresses or dom of expression, intellectual property, phone numbers. After obtaining this per- , safety, equity, and electronic sonal information, cyberstalkers then ~ommerce.~ have the ability to meet their victims in Safety issues of cyberspace law include person. CyberAngels, an affiliate of the Guardian Angels, offers an online de- Dr. Deirmenjian is a Forensic Psychiatry Fellow in the Dept. of Psychiatry, Case Western Reserve University scription of the stalking phenomenon on School of Medicine, Cleveland, OH, and a Rappeport the Internet, which includes the follow- Fellow of the American Academy of Psychiatry and the Law. This paper was presented at the 29th Annual ing: malice, premeditation, repetition, Meeting of the American Academy of Psychiatry and distress, obsession, vendetta, no legiti- the Law, New Orleans, LA, October 22, 1998. Address correspondence to: John M. Deirmenjian, MD, Forensic mate purpose, directed toward an individ- Psychiatry, University Hospitals, 11100 Euclid Ave., Cleveland, OH 44106. E-mail: jdeirmen@ ual, disregarded warnings to stop, harass- earthlink.net ment, and threat.3

J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 407 Deirmenjian

Four basic motivations for stalking on through an remailer (an on- the Internet include , line service that masks the sender's iden- love obsession, hatelrevenge vendettas, tity). The messages included phrases, and powerlego trips.4 such as "You'd better watch your back," This article will introduce cyberstalk- "Let's get it on bitch," and "I'm your ing as a phenomenon and present specific worst nightmare." After Hillyard's Inter- cases of Internet harassment. net service provider canceled his account, Armistead-Smathers began receiving Relevant Cases messages from the Centers for Disease Stalking on the Internet. Case 1 Control and Prevention in Atlanta where Andrew Archambeau was charged with Hillyard worked. She then received thou- the misdemeanor of stalking a school sands of messages from men who had teacher whom he had met on a video seen a posting of a nude woman (pre- dating ~ervice.~After five days, the sumed to be Arrnistead-Smathers), which teacher realized that she was not inter- listed her e-mail address and offered pros- ested in pursuing a relationship. Archam- titution during the Olympics. Out of fear, beau, however, persisted and sent her (the she moved three times that year, changed teacher) approximately 20 e-mail mes- her phone number frequently, and began sages. When the e-mails were traced to to carry a licensed concealed weapon. Archambeau, he responded that his "call- The police informed her that there was er ID" showed that someone from her little they could do, until she received an area was ringing and hanging up and that anonymous message from someone say- he perceived it as her shy manner of ex- ing that he had followed her 5-year-old pressing interest. She denied the claim daughter and her from the post office box and went to the police after he left a to their home. Hillyard was charged with message on her answering machine say- stalking and later acknowledged getting ing that he had watched her leaving work. He argued that pursuing his romantic in- into an online argument with Arrnistead- Smathers but denied sending the messag- terest via e-mail was nonthreatening, be- 0 cause e-mail messages can be ignored by es." the recipient. However, Michigan's anti- Case 3 Jayne Hitchcock filed a $10 stalking law prohibits nonconsensual con- million lawsuit against the Woodside Lit- tact via electronic communications.6 erary Agency (Woodside) of Archambeau pleaded no contest to the claiming and harassment.' charges and was sentenced to a year's She had answered an e-mail advertise- probation and ordered to undergo a psy- ment posted by the agency. In its re- chiatric e~aluation.~ sponse, Woodside asked Hitchcock for a Case 2 Cynthia Armistead-Smathers monetary fee and additional payments be- of Georgia received obscene e-mails from fore it would represent her. The up-front the account of Richard ~ill~ard.'She fees raised her suspicion because legiti- then began receiving messages sent mate agents generally earn their money

408 J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 Stalking in Cyberspace after selling an author's work. So Hitch- hide the bodies of the people I had to cock (as well as other suspicious writers), kill." The messages ranged from claiming through posting in Internet newsgroups, Teresa Maynard as being unfaithful to informed other writers about possible one message in which the harasser stated, fraudulence. She claims that the company "I have a .45." Kevin Massey, a 30-year- targeted her for retaliation, defaming her old computer consultant with a criminal in its ads and subjecting her to a barrage record for burglary and weapons posses- of assaults. Among the incidents cited in sion, was identified as the harasser. Mas- Hitchcock's legal complaint: e-mail ac- sey claimed that he was responding to counts used by Hitchcock, her literary online attacks initiated by Maynard and agent, and her employer (the University his employers. However, Massey called of Maryland) were flooded with messages himself "The Cyberstalker" and even lob- (mail bombing); and inflammatory mes- bied to be a guest on Howard Stem's sages were posted in newsgroups under radio show. Hitchcock's name. A sexually oriented Case 5 In the United States' first suc- posting made under Hitchcock's name in- cessful prosecution of a hate on the cluded her address and phone number, Internet, Richard Machado, a former stu- which led to a series of unusual phone dent at the University of , Ir- calls, unsolicited magazine subscriptions, vine, was convicted of violating the civil and at least one suspicious package that rights of 59 mostly Asian students by contained incense. Although Hitchcock sending threatening e-mail messages contacted the local police and the FBI, it (signed "Asian hater").". l2 His message was unclear how the author could prove stated, "I personally will make it my her allegations because no actual threat [life's work] to find and kill everyone had been made against her. It would also [sic] of you personally. OK. That's how prove difficult to track the tormentors determined I am. Do you hear me?" He who had altered their e-mail account in- threatened to kill them if they did not formation to conceal their identity. The withdraw their enrollment from school. Jayne Hitchcock legal fund was estab- Initially, a jury was deadlocked nine to lished, and Jayne Hitchcock testified be- three in favor of acquittal. After serving a fore a Maryland subcomittee on behalf of year in jail and undergoing a second trial, a bill to punish instigators of e-mail ha- he was fined $1,000 and was given one rassment in the state of ~ar~land.*.g year of probation, which prohibited his Case 4 Robert and Teresa Maynard, use of the university computer laborato- who helped found Internet America, Dal- ries. 10, 1 I His attorney argued that the las's largest Internet access provider, dis- threat was a "classic flame" (online slang covered harassing messages posted on an for an angry message that is more annoy- Internet new~~rou~.'~Most of the mes- ing than harmful). However, many dis- sages closed with the same poem: "Lord turbed recipients of the e-mail message grant me the serenity to accept the things were prepared to arm themselves with I cannot change.. . and the wisdom to pepper spray, became suspicious of

J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 409 Deirmenjian strangers, and refused to go out alone in percent of their sample qualified for a the dark. personality disorder diagnosis, including Case 6 Jake Baker, a student at the antisocial, schizoid, borderline, avoidant, University of Michigan, was arrested by paranoid, and personality disorder not FBI agents on February 9, 1995 and otherwise specified. They noted, how- charged with "transmitting threats across ever, that in comparison with a random state lines" to a pseudonymous Arthur group of mentally disordered offenders, Gonda.I3 The charge came about after it obsessional followers more frequently was discovered that Baker had posted an have a Cluster B diagnosis other than erotic fantasy on the Internet in which he antisocial personality disorder. However, raped and tortured a character with the paranoid personality disorder (Cluster A) same name as one of Baker's real-life and dependent personality disorder (Clus- classmates. The charges were later re- ter C) have also been identified. vised to making a "threat to injure another The psychological profile of the cyber- person," but in the meantime Baker had stalker reveals a sophisticated perpetrator been suspended from the university, and (i.e., one who is computer literate and is his story had made headlines around the often financially able to support subscrip- world. Baker was eventually acquitted, in tions to online services). The typical cy- part because his story was determined to berstalker is the emotionally disturbed be self-expression and did not constitute a loner who seeks attention and compan- threat. ionship in cyberspace and often becomes obsessed with someone he met in a chat Discussion room.'' After obtaining personal infor- Stalking is defined as the willful, ma- mation about the acquaintance, the stalker licious, and repeated following and ha- may seek a close, often smothering rela- rassing of another person that threatens tionship. If spurned, the stalker launches a his or her safety.14 Meloy and Gothard'' campaign of cyberspace harassment, which report that stalkers (also known as obses- can extend from online to physical harass- sional followers) are likely to be older, ment if the stalker has obtained personal more intelligent, and better educated than information about his victim. The stalker other offenders with mental disorders. can experience sigmficant attachment is- One federal study revealed that approxi- sues and transference as a result of elec- mately one million women and 370,000 tronic communication. The cyberstalker men are stalked each year.I6 One of every projects narcissistic linking fantasies 12 women claims to have been stalked at upon victims, especially in the absence of some point in her life. ~eloy'~profiles sensory perceptions.I7 The pursuit by a the majority of stalkers as males who are cyberstalker tends to have an obsessional, likely to have prior criminal or Axis I angry nature, usually as a result of rejec- mental disorders, such as drug or alcohol tion. In contrast, sexual predators have a history, mood disorders, or schizophre- sexualized, deceptive pursuit. l9 nia. Meloy and Gothard" found that 85 Cyberstalking provides the perpetrator

410 J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 Stalking in Cyberspace with and the opportunity to Amendment, activities in cyberspace conceal gender and identity and to use must abide by state and federal legisla- multiple anonymous remailers, as well as tion. The absence of geographic borders the ability to gain computer access in in cyberspace makes the application of public domains. For example, Richard territorial legal doctrine difficult. On a Hillyard used computers at his place of global level, the issue of borders becomes employment, which would make a direct even more convoluted. Even if a new set link to him more difficult. Moreover, the of laws were created for cyberspace, the lack of vocal intonation and facial expres- enactment of such laws, often in foreign sion in electronic communication can af- countries, would be nearly impossible. fect the recipient's impression of the se- For example, it was impossible to find riousness of a threat. In cyberstalking, the "Arthur Gonda," the Canadian recipient evidence in proving a credible threat is of Jake Baker's messages. It has been based upon the interpretation of the writ- difficult enough for authorities to act ten word. Exclamations, repetition of upon threats of cyberstalking locally, phrases, and the use of boldface print can much less on an international level. In provide clues regarding the seriousness addition, there may be a greater burden of and emotions of the sender. Electronic proof imposed upon an accuser to prove communication provides objective data, that there is imminent danger or threat. whereas harassment via the telephone and However, illegal activities, such as the following are usually based upon subjec- distribution of child pornography, may be tive reports by the victim or witnesses. easier to apprehend. If a certain behavior The lack of social constraints connected is legal in one country and not in another, with cyberstalking means that social anx- it must be determined which laws apply. iety, which typically serves to inhibit The evolution of the Internet has aggressive behavior, is nonexistent.17 brought forth an ongoing debate on However, some people consider commu- whether constitutional law, such as free- nication on the Internet as safe, without dom of speech, applies to the Internet, social inhibitions, and protected against and if so, to what extent should the gov- personal embarrassment or cornrnunica- ernment impose regulations on online ac- ble diseases. While the Internet has been ti~ities.~'The free speech issues resulting thought to provide a therapeutic outlet for from the development of the cyberspace anxieties that would otherwise be sup- medium include anonymity, accountabil- pressed, others believe that fantasy can ity, defamation, discrimination, harass- serve as a precursor to threat, such as in ment, obscenity, and liability of online the Jake Baker case.13 services and Internet service pr~viders.~ Global communications on the Internet The Communications Decency Act of raise the issue of borders in cyberspace 1996 made it a crime to make "indecent" where there are no physical b~undaries.~' or "patently offensive" material available Cyberspace must be governed by a new to minors over the ~nternet.~~'23 In June set of rules. While protected by the First 1997, in a landmark ruling, the Supreme

J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 41 1 Deirmenjian

Court struck down the Communications ficers are being given specialized training Decency Act, ruling that constitutional to monitor Internet newsgroups for the free speech protections apply just as purpose of apprehending cyberspace much to online systems as to books and criminals. Will County has also made an newspaper^.^^ extensive effort to educate the public To date, only 10 of the 50 states (Ala- about Internet crimes.26 bama, , , , Del- Organizations such as Women Halting aware, Michigan, Maryland, , Online (WHOA) and CyberAngels New York, and ) have enacted have formed to educate the community laws against computer harassment. While about online harassment and to protect laws exist against telephone harassment individuals from cyberstalkers. CyberAn- where the motive is to annoy, threaten, or gels is a network of volunteer sleuths that alarm another person, the difficulty with watches the information superhighway computer harassment lies in convincing and investigates more than 10,000 harass- local authorities that such cases are wor- ment complaints a year.27 CyberAngels, thy of investigati~n.~~?26 Often, the diffi- which started in June 1995, has more than culty appears to be that to merit the time 1,200 members in 32 countries, creating a and resources of the police, an imminent global "neighborhood watch" for cyber- danger or threat must be present. Thus, space.28 Its director, Colin "Gabriel" the victim must provide proof or evidence Hatcher reports that cyberstalkers can be that a crime has been committed. For violent, paranoid, often with poor social example, in the Machado and Hillyard skills, malicious, and obsessed with the cases, it was the responsibility of the object of their hatred.3 prosecution to prove the presence of a CyberAngels distributes a pamphlet credible threat. It is clear in those two entitled "Cyberstalking and Internet On- cases that the victims demonstrated fear line Harassment" that offers suggestions for their safety to the extent that they for preventing and dealing with cyber- altered their living circumstances and stalkers. In the pamphlet, Hatcher advises daily activities. In the Jovanovic case, the the reader to choose online user names accused was not perceived to be a threat with care and to avoid feminine names, until the alleged encounter took place. which will immediately draw people Finally, Jake Baker was eventually ac- seeking targets. Instead, he suggests quitted because he was not found to be a choosing gender-neutral names and ad- credible threat. Some police departments vises against giving out personal informa- are now forming threat assessment units tion such as home addresses, school specialized in cyberstalking to facilitate names, workplaces, or phone numbers. the investigation of these crimes. For ex- He recommends ignoring online harass- ample, in Will County, IL, a special In- ment at first notice to avoid a "flame ternet prosecution unit was formed for war," following which further hate mail prosecuting all Internet-related crimes and other forms of electronic harassment within the county. In addition, police of- can ensue. If harassment continues, he

41 2 J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999 Stalking in Cyberspace suggests sending one polite written warn- likely will influence future cases. The Detroit News home page, Mar 23, 1996 ing without showing fear or anger or 8. Hendren J: Online harassment bill gains making threats. He also recommends log- momentum. , May 25, ging all evidence from the start and sav- 1997, p E4 9. McFadden RD: Suspect in New Jersey stran- ing all relevant e-mail, which may be gling was reportedly sex-case victim. New collected for evidence if stalking persists York Times. Oct 3, 1997, p A1 10. Whitelaw K: Fear and dread in cyberspace. and the police are in~olved.~ US. World & News Report, 121(1 8):50, 1996 11. Hua T: Ex-student sentenced for hate e-mail. Los Angeles Times, May 5, 1998, p A24 Conclusions 12. Maharaj D: U.S. to retry man in hate e-mail A new form, of stalking has emerged, case. Los Angeles Times, Dec 2, 1997, p A3 13. Heather Brooks-Szachta, U.S. v. Jake Baker: known as cyberstalking. To date, no stud- the role of unique features of electronic mail ies in the psychiatric literature have ex- in a "true threat" analysis. (visited June 18, amined cases of cyberstalking. In this ar- 1999) (http://www.libraries.Wayne.edu/-jlit- man/brooks.html) ticle, six cases of cyberstalking are 14. Cal. Penal Code 5 646.9 (West 1999) presented. The psychological profile of 15. Meloy JR, Gothard S: Demographic and clin- ical comparison of obsessional followers and the cyberstalker, in its rudimentary form, offenders with mental disorders. Am J Psy- is discussed. In addition, controversial le- chiatry 152:258 -63, 1995 gal issues such as boundary laws and First 16. Ackerman E: When obsession turns ominous. U.S. News & World Report, 123(20):43, 1997 Amendment rights are identified, sur- 17. Meloy JR: The Psychology of Stalking: Clin- rounding the application of the Internet to ical and Forensic Perspectives. San Diego: Academic Press, 1998 existing laws. Finally, there is a brief look 18. Stephens G: Crime in cyberspace. Futurist at current modes of intervention, ranging 29(5):24-29, 1995 from community organizations to state 19. Meloy JR, personal communication. Oct 1998 20. David R. Johnson and David G. Post, Law and laws. Cyberstalking currently remains an borders-the rise of law in cyberspace. 48 open area for future investigation. Stan L Rev 1367 (1996) 21. Sableman M: Responsibility on the net: home grown or imposed? St Louis Journalism Rev References 26: 11, 1995 22. Communications Decency Act: 47 U.S.C. § Anna Bevilacqua, Electronic harassment (last 223 (1999) modified May 2, 1997). (http://www.wings. 23. Reuben R: The court logs on: decency act buffalo.edu/complaw/complawpapers) decision may change the nature of the Inter- Stuart Biegel, What is cyberspace law? (last net. Am Bar Assoc J 83:42, 1997 modified June 9, 1999). The UCLA Online 24. Reno v. American Civil Liberties Union, 521 Institute for Cyberspace Law and Policy. U.S. 844 (1997) (http:Nwww.gse.ucla.edu/iclp/institute.html) 25. Reiter L: Stamp out e-mail harassment. The Gabriel Hatcher, What is cyberstalking? Record, May 5, 1998, p LO9 (http:Nwww.cyberangeIs.org) 26. Ziembhca S: Will County focusing on internet Gabriel Hatcher, Why do cyberstalkers stalk? criminals. Chicago Tribune, May 26, 1998, p 1 (http://www.cyberangels.org) 27. Fleming M: Stalking on net poses real danger. Lewis PH: Persistent e-mail: electronic stalk- The Indianapolis Star, Nov 30, 1997, p B01 ing or innocent courtship? New York Times, 28. O'Connor C: Women battle online stalking; Sept 16, 1994, p Bl1 harassment threats in cyberspace seem to be Mich.Comp. Laws 5 750.41 1h (1998) increasing experts say. Dallas Morning News, Associated Press: E-mail stalker sentencing Oct 12, 1996, p 1A

J Am Acad Psychiatry Law, Vol. 27, No. 3, 1999