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A. Cyberbullying
Bullying is a form of unwanted, aggressive behavior among school-age children, generally involving a real or perceived power imbalance that is repeated, or has the potential to be repeated, over time. Cyberbullying is bullying that takes place using digital technology, such as cell phones, computers, social media sites, text messages, chat, and Web sites. Conduct that constitutes cyberbullying may also fall into one of the other terms discussed in this article, but not all forms of cyberbullying constitute federal criminal conduct.
B. Cyberthreats
“Cyberthreats” can simply mean threatening communications that are conveyed via the Internet, cellphone, or other digital means. The communication in interstate commerce of threats to harm a person or property, to kidnap a person, or to damage a person’s reputation, is a violation of federal law pursuant to 18 U.S.C. § 875. Because the Internet is a means of interstate commerce, threats sent online may be federally prosecuted. See 18 U.S.C. § 875(c) (2015). It is axiomatic that “cyberthreats” are “threatening” to the victim, as the perpetrator generally intends the victim to feel threatened.
The term “cyberthreats” can also refer to malicious attempts to damage or disrupt a computer network or system. For instance, after President Obama referred to cyberthreats in the February 2013 State of the Union Address, the White House clarified that “[c]yberthreats cover a wide range of malicious activity that can occur through cyberspace. Such threats include Web site defacement, espionage, theft of intellectual property, denial of service attacks, and destructive malware." Caitlin Hayden, spokeswoman for the White House National Security Council. This definition of cyberthreat is beyond the scope of this article.
C. Cyberstalking
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
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Cyber Espionage Targets
The most common targets of cyber espionage include large corporations, government agencies, academic institutions, think tanks or other organizations that possess valuable IP and technical data that can create a competitive advantage for another organization or government. Targeted campaigns can also be waged against individuals, such as prominent political leaders and government officials, business executives and even celebrities.
Cyber spies most commonly attempt to access the following assets:
• Research & Development data and activity
• Academic research data
• IP, such as product formulas or blueprints
• Salaries, bonus structures and other sensitive information regarding organizational finances and expenditures
• Salaries, bonus structures and other sensitive information regarding organizational finances and expenditures
• Client or customer lists and payment structures
• Business goals, strategic plans and marketing tactics
• Political strategies, affiliations and communications
• Military intelligence
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What is Cyber Espionage?
Cyber espionage, or cyber spying, is a type of cyberattack in which an unauthorized user attempts to access sensitive or classified data or intellectual property (IP) for economic gain, competitive advantage or political reasons.
Why Is Cyber Espionage Used?
Cyber espionage is primarily used as a means to gather sensitive or classified data, trade secrets or other forms of IP that can be used by the aggressor to create a competitive advantage or sold for financial gain. In some cases, the breach is simply intended to cause reputational harm to the victim by exposing private information or questionable business practices.
Cyber espionage attacks can be motivated by monetary gain; they may also be deployed in conjunction with military operations or as an act of cyber terrorism or cyber warfare. The impact of cyber espionage, particularly when it is part of a broader military or political campaign, can lead to disruption of public services and infrastructure, as well as loss of life.
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Electronic surveillance, when utilized as a tool for national security, law enforcement, industrial espionage, or domestic relations can limit and ultimately negate the citizens right to be let alone. The history of the indiscriminate uses to which this technology has been applied on the domestic level, suggests that American citizens are highly vulnerable to attacks on rights to personal privacy. The first, third, fourth, fifth, sixth, ninth, fourteenth and the eighteenth amendments, to some extent, prohibit indiscriminate and illegal invasions to privacy, however the fourth amendment particularly states:
“The right of the people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The fourth amendment appears to establish specific rules for the protection of rights to ownership, and makes plain that warrants be issued by a detached and impartial judge with reasonable cause. The amendment further stipulates that the warrants be specific with regard to location or material objects and particular persons to be seized. This amendment, more than any other, forms the basis for privacy rights under the United States Constitution. (A similar provision is attached to the Connecticut Constitution).
Violations of the fourteenth amendment have been cited in decisions of the Supreme Court because it requires the states to honor and protect the constitutional rights of all United States citizens and contains the all important “due process” clause. It is largely due to the Supreme Court’s interpretation of these amendments in matters relating to personal privacy that the spectrum of civil rights has expanded. It is true, however, that the first amendment was and is the basis for privacy in reference to free speech, associations, and rights to dissent.
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Stalking can include:
• Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email
• Repeatedly leaving or sending the victim unwanted items, presents, or flowers
• Following or lying in wait for the victim at places such as home, school, work, or place of recreation
• Making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets
• Damaging or threatening to damage the victim's property
• Harassing the victim through the Internet
• Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth.
• Obtaining personal information about the victim by accessing public records, using Internet search services, hiring private investigators, searching through the victim's garbage, following the victim, and contacting the victim's friends, family, co-workers, or neighbors, etc.
D. Cyberharassment
According to the National Conference of State Legislatures, cyberharassment differs from cyberstalking in that it is generally defined as not involving a credible threat. Rather, “cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or Web sites dedicated solely to tormenting an individual.” National Conference of State Legislatures, State Cyberstalking and Cyberharassment Laws (Jan. 12, 2015). However, the term cyberharassment is often used synonymously with cyberstalking. There is no general reference to “cyberharassment” under federal law, but conduct that could be considered cyberharassment might nevertheless be prosecuted under other laws, depending on the specific facts. While cyberharassment may be described as less serious than cyberstalking, it can have serious consequences for victims.