With respect to the charge of aggravated harassment, the offense requires the defendant to have communicated with the victim, either anonymously or otherwise, through telephone, telegraph, mail, or any other form of written communication.
Since Barber did not send the photos to his girlfriend, the judge concluded he could not be held responsible under this section of the penal code.
In the world of criminal law, federal cyber-stalking laws, in place since 2011, include language allowing prosecutors to go after people using electronic tools to harass.
She was denied by the court, in a decision that demonstrates the “practical limits” of tort law for stopping online abuse, said Citron.
Where victims have had a modicum more success in the civil sphere, is by threatening to sue, or even actually suing, for copyright violation if a website is displaying photos that were originally taken by the victim.
Citron is an expert in the area of cyber-stalking, and recently published the book called .
Citron told me that cyber-stalking can include threats of violence (often sexual), spreading lies asserted as facts (like a person has herpes, a criminal record, or is a sexual predator), posting sensitive information online (whether that’s nude or compromising photos or social security numbers), and technological attacks (falsely shutting down a person’s social-media account).
Citron said approximately half of the states in the U. have also updated their laws to allow authorities to press charges against people engaging in cyber stalking and cyber harassment.