Cyberstalking and electronic devices: relevant legal-informatics issues

Abstract

This study addresses the issue of the so-called ‘cyberstalking’, a crime figure formalized in several legal systems, especially in the United States of America, and included even in the text of more general laws on stalking. Generally, cyberstalking is a stalking activity using “electronic devices”; many States have decided to detail the behaviors, the meanings of “electronic” or “electronic communications”, and the typical conduct.

In particular, the first part of the study deals with the definition of cyberstalking, which refers to a wide regulatory reform in the mid-Nineties that occurred in the United States of America and has, since then, materialized also in a legislation reform at a State level. We will analyze several articles which give a definition of cyberstalking, taking into account both general legislation on stalking with occasional references to the electronic medium and norms specifically dedicated to cyberstalking. The analysis, then, moves towards the Italian legislation, to assess the extensibility of Article 612-bis of the Italian Criminal Code in electronic or “virtual” issues. The second part of the Article deals with purely computer-legal issues, such as anonymity, identity theft, impersonation and OSINT (Open SourceIntelligence): these methods are typically used during stalking activities.