- The Washington Times - Wednesday, March 11, 2009

BUFFALO, N.Y.

The college student had endured months of online and cell phone harassment from her ex-boyfriend. She ignored the barrage of e-mails, changed her phone number and dismantled online profiles to cut him off.

Then one evening, her cell phone signaled a new text message. It was him again.

“You should keep to yourself and stay away from other people,” the message said, according to the student, who spoke on the condition of anonymity because she feared for her safety. Her ex had found her photo online and attached it.

As text messaging has boomed in recent years, it has also given rise to so-called “textual harassment.” Text messages antagonize recipients in a way that is not easily ignored: Most people are never far from their cell phones, and the gadgets tend to blink and chirp until unopened messages are acknowledged. Adding another sting, the victims often are charged by their cell phone companies for receiving the messages.



A study of stalking by the U.S. Justice Department’s Bureau of Justice Statistics released last month confirmed that stalking by texting has become a pervasive problem.

The report found 23 percent of stalking or harassment victims reported in 2006 that the stalker had used some form of cyber stalking, such as cell phone texting or e-mail, to harass them. It was the agency’s first measure of the emerging practice, said Katrina Baum, one of the study’s authors.

“Technology has become a quick and easy way for stalkers to monitor and harass their victims,” the report said.

Unless calling plans include unlimited texting, recipients are charged an average of 20 cents for each message sent or received, wanted or not.

“I was paying to be harassed, which is a lot of fun,” the victimized college student said.

Providers including Verizon Wireless, AT&T; and Sprint say they are willing to work with customers who are charged for unwanted messages.

Having a device deliver a message tends to embolden people and provides a sense of anonymity, even when the messages can be tracked to a sender, said Jayne Hitchcock, president of the volunteer organization Working to Halt Online Abuse.

“They would never do this to someone in person,” Miss Hitchcock said, “yet they use the faceless avenue of cell phones, their computers or home/office phones to perpetrate the harassment.”

States have scrambled to react to the new threat. Forty-six states now have anti-stalking laws that refer to electronic forms of communication, according to the National Conference of State Legislatures.

Only four states - Tennessee, Texas, Utah and Washington - explicitly name text messaging, but laws that are less specific also may be applied to text harassment.

Last year in New York’s Kings County Court, a defendant was accused of sending six threatening text messages to a woman during a 17-hour period. The messages said the defendant was outside the woman’s house and she would end up in the hospital.

The defendant tried to get aggravated harassment charges thrown out by arguing that text messages were not as serious as phone calls or letters and were not covered by state law, but the court disagreed.

Technological developments “along with their many benefits, bring with them ever greater potential for abuse,” the court wrote.

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