本帖最后由 酒中仙 于 2014-4-18 01:01 编辑
以下内容引自加拿大皇家骑警网站
http://www.rcmp-grc.gc.ca/qc/pub/cybercrime/cybercrime-eng.htm#threats
Criminal Harassment and Threats of all Kind
People sometimes refer to criminal harassment and other similar types of behavior as online predators, child predators, harassment or criminal harassment. For our purposes we will refer to this type of behavior in an online criminal harassment. Online criminal harassment generally refers to the use of repeated electronic communications to cause another person to feel like they or a member of their family is being threatened. The legal definition of harassment, according to Black's Law Dictionary, is:
"A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose" or "Words, gestures, and actions which tend to annoy, alarm and abuse (verbally) another person."
The Canadian Criminal Code section that applies to cyber stalking is section 264(1) criminal harassment, and would in most cases be the mandate of the local police force in your city or town to enforce.
264(1) Criminal harassment - No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. (2) The conduct mentioned in subsection (1) consists of
(a) Repeatedly following from place to place the other person or anyone known to them;
(b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) Besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) Engaging in threatening conduct directed at the other person or any member of their family.
Harassment is not:- Someone sending you one e-mail or instant message even if it contains obscene comments, pornographic photo attachments, or a virus though they may be separate criminal offence of corrupting morals under section 163 of the CanadianCriminal Code or related sections which refer to child pornography.
- Comment made about you on a public forum (or on someone else's web site) unless the statements are libelous (injuring the reputation of a person or company) in which case the person or company that published them may be guilty of defamatory libel under section 298 of the Canadian Criminal Code.
- A threat made against you or another family to cause death or bodily harm, to damage or destroy your personal property, or to poison kill or injure an animal that is the property of a person. This would be an offence under section 264.1(1) of the Canadian Criminal Code - Uttering threats.
- Spam. If you're online, you have to learn to live with junk e-mail from companies offering all sorts of things to make quick money. There is nothing criminal about sending advertising via e-mail which is what Spam is, however, some of the products you may be offered are not available or may be illegal in Canada. There are things you can do to reduce the amount of spam you receive, but it will never go away completely. Please refer to the section on unsolicited e-mail.
Recommendation- All cases of child pornography, defamatory libel or threats should be reported to your local police department.
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