Right, I've been doing some research... by
pigeonarmy
on 2008-10-22 02:18:00 UTC
Reply
The section of the act that you should be pursuing in the US, if you charge over there, is section 223 of title 47 in the Communications Decency Act (amended). In particular, you're looking to charge the bastard/bitch under this subparagraph -
"(a) Prohibited general purposes
Whoever-- (1) in interstate or foreign communications--
(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;"
(NB: subsection (h)(1)(C) of this act states(C) "in the case of subparagraph (C) of subsection (a)(1), [telecommunications device] includes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).")
In the UK, you're looking at the Malicious Communications Act 1988 (amended 2001), which states the following -
"(1) Any person who sends to another person
(a) a letter, electronic communication or article of any description which conveys
(i) a message which is indecent or grossly offensive
(ii) a threat or
(iii) information which is false and known or believed to be false by the sender or
(b) any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature,
is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated."
(The relevant section is section 1, subsection a, paragraph ii.)
So there you go. If you need any other legal advice from a first year Law student who's not been admitted to the bar in his country yet and thus is in no way an expert on foreign legislation, don't hesitate to ask (on the plus side, it's free advice, heh).
Bloody bastard... by
Techno-Dann
on 2008-10-20 18:38:00 UTC
Reply
There are two different ways to attack this - cut his E-mail account, and cut his web access. The first is more likely, all you should need to do is forward one of the E-mails with an appropriate note added to abuse@ his E-mail provider. They should deal with it quickly.
The second is a bit trickier - you'll need to open up the MIME headers of his E-mail address. Included in the header is a server-by-server list of how the E-mail got from him to you, including all IP addresses involved. The first one on the list should be his. If it's something at yahoo.com or whatever, he's using a webmail client - go back to technique one.
Once you have his IP, it's relatively easy to reverse-DNS it (or whois) and work out at least generally where he is. Unfortunately, laws on cyberstalking vary wildly by state - some have very strict laws, some have no laws at all. You'll have to play that one by ear.