Online Safety

Cyber-Harassment

Writers, journalists, artists, and activists – especially those who identify as women, BIPOC, and/or LGBTQIA+ – are among those who are disproportionately impacted by online abuse.

However, there are legal protections and other resources available to anyone experiencing or witnessing online abuse.

Defining Cyber-Harassment

Cyber-Harassment is online expression targeted at a specific person that causes the individual substantial emotional distress. In many states, the harassment must be repeated such that it amounts to a “course of conduct” and the perpetrator must act with the intent to harass, annoy, alarm, or threaten. Also referred to as online abuse or online harassment, cyber harassment is defined more broadly than cyberstalking and encompasses a broader range of abusive tactics.

Cyber-Harassment laws

According to NY Penal Law § 240.30, Cyber-Harassment occurs when a person communicates with another person (including anonymously) by transmitting or delivering any form of written communication or causes a communication to be initiated by electronic means with the intent to harass, annoy, threaten or alarm another person. New York considers this a Class A misdemeanor which can result in serving up to one year in prison and paying fines.

According to NY Penal Law § 156.05, the unauthorized use of a computer occurs when a person knowingly uses, causes to be used or accesses a computer, computer network or computer service without proper authorization. New York considers this a Class A misdemeanor which can result in serving up to one year in prison and paying fines.

Learn more:

• Aggravated criminal harassment (includes electronic means): Aggravated harassment in the second degree.
• Criminal electronic harassment (does not expressly include electronic means): Harassment in the second degree.

Stalking

Defining stalking

Stalking is the unwanted pursuit of another person. It includes repeated harassment or threatening behavior. Stalking can also take place over online forums, including email, texting, social media, or other online sites. Victims of stalking may go to criminal court to get an order of protection.

Cyberstalking generally refers to severe forms of abuse or harassment that constitute a credible threat of harm to an individual. In a legal context, cyberstalking is the prolonged and repeated use of abusive behaviors online (a “course of conduct”) intended “to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate” the victim.

Anti-Stalking laws

New York State’s Anti-Stalking laws criminalize the act of stalking by focusing on the perpetrator’s conduct and the harm or potential harm to the victim, such as fear of material harm to health, safety of property and threats to the victim’s job or career. Provisions cover not only the victim but her or his family and acquaintances and provides for increased penalties for repeat offenders.

It is also a misdemeanor for a person, with intent to harass, annoy or threaten, to anonymously or otherwise communicate by telephone or any mechanical or electronic means in a manner likely to cause annoyance or alarm to another person.

Cyberstalking is additionally classified as a felony under United States Code. Although there is no comparable felony under New York law, stalking in the fourth degree is considered a “serious crime” in New York state.

Doxing

Defining Doxing

Doxing (also spelled “doxxing”) is the act of gathering, by licit and illicit means, and posting on the Internet personal identifying information (“PII”) and other sensitive information about an individual, including, for example, addresses, dates of birth, social security numbers, telephone numbers, e-mail addresses, credit information, employers, and details regarding the individual’s children and other family members.

Legal protections

Although there are no specific New York or federal laws against doxing everyday citizens, individuals who are doxed may be able to bring claims under existing harassment or stalking state laws. There are also federal laws covering identity theft, access device fraud, computer fraud, and interstate transmission of threats which can apply in the case of doxing.

Victims of doxing may wish to file a complaint with the Internet Crime Complaint center (IC3), an online portal for reporting criminal internet activity to the FBI. Federal law enforcement often does not respond to IC3 complaints except in cases of very extreme and ongoing harm to the victims. However, one of the main purposes for the IC3 is for federal law enforcers to monitor trends and repeat offenders.

Resource: PEN America’s Online Harassment Field Manual

PEN America’s Online Harassment Field Manual offers concrete strategies for how to identify, prepare for, and respond to online abuse, and provides resources for self-care, legal considerations and contacts, and requesting and providing support.

Select a subject below to open the relevant information in the online harassment field manual. To find more information or read the Field Manual in its entirety, visit PEN America’s Online Harassment Field Manual.

More resources

To find more information and guidance, access these resources in other languages, or to read the Field Manual in its entirety, visit PEN America’s Online Harassment Field Manual.