Today, anyone with a smartphone, social media profile, or GPS-enabled device could become a victim of cyberstalking. In fact, cyberstalking is now more common than in-person stalking, given all of the location-enabled technology available today. Since so many people are vulnerable, it’s vital to delve into the facts about this fast-growing digital crime.
The article below provides comprehensive data from government sources, independent research from non-profit organizations and new proprietary data from Safehome.org through annual surveys we conduct on personal safety in America.
Let's start with some of the alarming statistics that underscore the gravity of cyberstalking:
The Rand Institute defines cyberstalking as the use of communications technology to conduct acts of surveillance, make threats, and express intent to injure, harass, or intimidate victims to the point that they reasonably fear for their safety or feel significant emotional distress.11 Typically, cyberstalking involves a pattern of repeated behaviors rather than a single event.
Cyberstalking can be a very terrorizing experience, and many Americans endure it. It can include hacking into an email account and reading messages, tracking someone’s location via their AirTag or Tile devices, and repeatedly calling someone. Offenders may exploit new technology that most people are not familiar with. Many offenders use common, everyday technology like smartphones or computers.
Here are some cyberstalking examples:
Law enforcement divides stalking into four categories (with the abbreviation SLII): surveillance, life invasion, intimidation, and interference through sabotage or attack.12 Offender behaviors often overlap multiple categories. They can apply to both traditional and tech stalking (cyberstalking).
Between 2010 and 2020, 412 federal cyberstalking cases were filed in district courts across the U.S.13 In these cases, stalkers used a variety of technology to track their victims, but basic texts, calls, and emails were used most frequently. In nearly half of these stalking cases, stalkers used cameras and screen captures to track their victims.
Technology used to cyberstalk victims | Percent of federal cyberstalking cases |
---|---|
Text messaging, email, phone, or cell phone | 61% |
Multimedia such as cameras, photos, and screen captures | 49% |
Social media platforms | 43% |
Tor, remailers, encryption, and anonymous communication | 16% |
Hacking such as phishing and malware | 10% |
Surveillance such as GPS and keylogger spyware | 7% |
Source: Cyberstalking: A Growing Challenge for the U.S. Legal System, RAND Institute, 2023
GPS devices can help keep track of children, pets, keys, and many other items. However, they pose security concerns that many cyberstalkers exploit. For example, nearly one in 10 Americans have had a GPS device such as a smart tag or fitness tracker hacked or tracked without their permission, according to a study conducted by Safehome of more than 1,000 people.
Which of these experiences have you had with GPS-related devices? Select all that apply. | Percentage of respondents |
---|---|
Tracked an item (not a phone) using GPS | 36% |
Tracked a person using GPS (such as my children or older relative) | 27% |
Received an alert that a GPS device, not mine, was tracking me | 6% |
Found an unknown GPS tracker in my belongings | 3% |
Received an alert that an unknown person accessed my GPS device | 2% |
Source: Safehome.org survey of 1,025 Americans
Our study also indicated that 18 percent of Americans own item locators such as AirTags, Tiles, and smart tags. Americans were most concerned about these item locators' security compared to other devices that track location.
Apple and other item locator manufacturers have been somewhat responsive to recent consumer concerns about the safety of these devices, but much damage has been done.
For example, 38 plaintiffs are part of a lawsuit against Apple for failing to prevent stalkers from abusing AirTags to track their locations to devastating effect.14 According to the suit, these tags can be “a weapon of choice of stalkers and abusers” because
U.S. District Judge Vince Chhabria said in a hearing that Apple was likely negligent in its design and oversight of AirTags and should have anticipated stalker misuse.15
Apple has upgraded its tech to send an alert that says “AirTag found moving with you” if an unauthorized tag tracks an iPhone user. However, opponents say the technology is still not stalker-proof enough. A lawsuit against Amazon, Tile, and Life360 was filed for similar reasons.16 It alleges negligence, unjust enrichment, privacy violations, and design defects.
Cyberstalking is a vastly underreported crime. A 2021 review of cyberstalking research noted victimization percentages that ranged from 6.5 percent to nearly 41 percent across various studies.17 This is a vast range, partly due to differing study methodologies, victim reticence in reporting incidents, and a lack of awareness about the behaviors that constitute cyberstalking.
Today, cyberstalking is more common than traditional (in-person) stalking. Approximately 1.5 million people 16 or older (about 0.6 percent of the U.S. population) were cyberstalking victims in 2019 alone, according to the Bureau of Justice Statistics (BJS).18 However, more recent figures estimate that as many as 7.5 million people now experience cyberstalking annually.
The BJS report also revealed that
According to the same BJS report, 67 percent of the stalking victims knew their stalker, and often it was a current or former intimate partner. Intimate partners were more likely to use both cyber and in-person stalking rather than one approach alone.
For 35 percent of victims dealing with both tech and in-person stalking, the offender was an intimate partner. By comparison, 18 percent of victims dealing with tech stalking alone had an intimate partner as the stalker, while 11 percent did for traditional stalking. Dealing with both types of stalking made someone more than twice as likely to apply for a restraining order or a similar type of order.
In 1994 the federal government passed the Violence Against Women Act (VAWA). According to the Association of VAWA Administrators, this groundbreaking legislation set the stage for more modern laws protecting people from cyberstalking.19 President Joe Biden, then a senator from Delaware, introduced the VAWA to his colleagues in Congress.
State governments, though, took the lead in creating laws against cyberstalking. Not long after the invention of the World Wide Web, lawmakers began realizing the need for regulations to protect people in the new frontier of the internet. In 1999, California became the first state to enact digital or cyberstalking laws, and several other states followed their lead soon after.20
All 50 states have laws prohibiting stalking,21 and the laws in 47 states also cover electronic or digital stalking means. Nebraska, New York, and Missouri are the exceptions.22
Only six states have laws that specifically mention cyberstalking. They are Florida, Illinois, Louisiana, Maine, Mississippi, and Rhode Island.
In 2013, Congress amended the federal stalking criminal code first established in the 1996 VAWA to prohibit stalking through electronic or computer communications.23
Usually, only the most egregious cyberstalking cases get prosecuted, at least on the federal level. At least 11 federal laws can complement local and state efforts or replace them if stalking has occurred across state lines.24 Federal codes may also confer more severe or appropriate punishments.
These federal codes include interstate communications (threats to kidnap or injure another person) and stalking (including cyberstalking). Enhanced penalties can apply for stalkers of children as well as repeat offenders.
412 federal cyberstalking cases were filed between 2010 to 2020. The number of cases increased each year except for a drop from 2019 to 2020.25 According to the Rand Institute, the overall conviction rate was 90 percent on federal cyberstalking cases. The median prison sentence for cyberstalkers convicted was 2.5 years (30 months), while the average was 64 months. For the average victim, cyberstalking lasted 12 months.
Women are more likely than men to experience cyberstalking: One in three women and one in six men experience cyber or in-person stalking at some point in their lives.26 Law enforcement officials explain that some groups experience stalking at higher rates. They include women, LGBTQ people, people with disabilities, young adults, and immigrants.
They make popular targets for several reasons, including the perception that they are less likely to report being stalked. For example, a stalker may be threatening to expose someone as gay and might think the victim will keep quiet to avoid exposure. A cyberstalking victim who is multiracial may be hesitant to talk to the police due to previous bad experiences with authorities. Immigrants may also have difficulty reporting cyberstalking due to language barriers or fears of prejudice.
If these victims do report, cyberstalkers may think they are less likely to be taken seriously or believed.
Though it is impossible to altogether avoid cyberstalking, by practicing good digital habits, you can reduce your risk. By recognizing the signs of stalkerware computer programs and hacked home security devices, you can increase your privacy and safety.
It’s important never to underestimate the capabilities of stalkerware. For example, some programs let users access your microphone and camera. Offenders can see and hear what's happening around their victims’ phones. Many programs allow stalkers to see the phone's location and your call record, record phone conversations, access your photos, and read texts and emails.
Your phone may have stalkerware if:
Be cautious about removing stalkerware right away since that can erase evidence and tip someone off. Talking with a domestic violence or crime victims advocate, or the police (if you're comfortable with that) can help you preserve evidence and make a safe escape plan.
Do not contact people for help on a device you suspect has stalkerware. If possible, get a new phone that the stalker won't have access to. If you keep using your current phone, a factory reset may remove the stalkerware.
However, document evidence first, if possible, and back up photos and other material you want to keep. The Stalking Prevention, Awareness, and Resource Center has logs you can use to do this.
Cyberstalkers can misuse your home security cameras and similar devices. With a few steps, you can minimize the chances of this happening.
Many best practices for overall digital safety can also help you avoid cyberstalking. Here are some ideas to implement immediately:
Your partner, ex-partner, or someone else in your life may be digitally abusing or stalking you if they:
Cyberstalking is a vastly underreported crime, and this could be due to a lack of awareness of resources available to support victims. If you are being cyberstalked, these are the general steps experts advise you to take.
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