Cyberstalking and Defamation

Status
Not open for further replies.

ConcernedS

New Member
My email was first stolen back in May 2008. I managed to get it back. Then cyberstalker took it back, and changed all the recovery information.
I quickly changed the emails and passwords of accounts I deemed important.
He took over my myspace [which I was no longer using at the time, but still had a few friends on], my youtube account, some consumer accounts, an old blog, and an instant messenger name.
He posted pictures of me in my underwear, that he'd found in my email, on the webpages he took over, and pretended to be me, writing vulgar comments.
He then emailed me at my new email address and said I could have the accounts and my old email back if I sent him completely nude pictures. I never did.

In July of 2008, he contacts me at my new email address, and tells me my social security number. I'm guessing he got this from either the old tax company I used to work for, who has my information online, or my college. He threatens to sell it if I don't send him the pictures. Last I checked, my credit report was fine. But I definitely plan on checking it again soon.

Around October of 2008, he messaged facebook staff from my college email address and tells them that I stole my own account from him. They restore it to him, even though I'd removed my school email from the account, and he couldn't answer the secret question. I attempted to change the password of my school email, but he kept changing it himself because he had my social security number. Eventually, I just had my school shut the email down. Around this time I also received a couple of phone calls on my cell phone that were anonymous. The caller on the line, made derogatory statements towards me, and used a voice which did not sound like a normal one. I only received a couple of these phone calls, not enough to constitute phone harassment I believe.

I was eventually able to get all my accounts back with the exception of three: the school email which I had shut down, my blog, which he himself deleted I think/was shut down for the material he posted on it. And my instant messenger account, which he still uses to date. He posts the half naked pictures of me in there, and writes vulgar comments. My friends still contact me in other ways, asking if it's me.

I have a good hunch that this is a guy I once dated, years ago. Because the ip address from when the hacker emailed me, routed back to the city adjacent to mine, in which this guy lives. And when I confronted the guy via phone call, he completely denied it. But he emailed me after that from another email, and the ip matched that of the hacker/thief of my account. I am aware that ip addresses can be faked, etc. So I have no way of knowing 100% that this is the guy.

Apart from the considerable amount of time I've spent trying to fix everything, and the days of work I've missed, the headache this has caused me, the worry that he has my social and can ruin my credit. Now I am more worried about the amount of time that has elapsed, and whatever grudge he appears to hold against me is still there. He's still trying to defame me. I expected this to have died out as I no longer had contact with the hacker, or the guy I suspected was the hacker. My fear is that it can only escalate into the physical from this point. I am a bit more on edge. I definitely plan on walking with the pepper spray I own. And I feel more paranoid than before.

He contacted me last night via instant messenger, using my old account. And I no longer wish to deal with him, and wondering what might happen. What are my options? Do I have the grounds to file a restraining order? I read once before that you cannot file a restraining order against an unknown person. And I guess that makes sense. But the police certainly have the means to find out for sure who this guy is. And if I cannot file the restraining order, is there anything else I can do? Do I have any grounds to sue for invasion of my privacy and cyberstalking, the impersonation and the defamation, the headache he is causing me?

I thank anyone for their help/advice in advance. And my apologies for the long read. I really did try to condense it.
 
I'd certainly fill out a police report if possible although they wouldn't bother investigating unless there were threats of violence. However, you can report theft of your social security number amongst other pieces of vital information and perhaps they will take you more seriously. You may be able to file a complaint of identity theft online with the FTC: http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/filing-a-report.html

Now if you want the quickest way - use an attorney and get an information subpoena with regard to account information, etc. It may not provide what you are seeking although it's worth a try. Some of this information might be released with a police report with smaller organizations (doubtful, but you can always try.) And at the very worst, you can file a small claims case against him and get an information subpoena as well, should cost you just a few dollars and the court clerk should help you do it yourself.

I wish there were easier ways to combat these problems. Note - you may want to send notices to each service about the problems and to notify them that they should preserve all data, electronic or in other form, concerning the account, the IP address, information provided and any other data that may be related directly or indirectly, including correspondences and other in reasonable anticipation of litigation. This hopefully will prevent the company from purging the data. Good luck with all this.
 
Yes, I've already called the police twice, and went down to the station once. But they said it's out of their hands unless he threatens physical violence. As for him possessing my social? All they told me was I should watch my credit report, and unless he spends money or uses my identity, there is nothing they can do. So I'm gonna try and look at my credit report again.

I'm completely clueless about the information subpoena. I don't quite see how it might help.

Well I've decided to

1. Check my credit report. See if anything is out of the ordinary. If yes, then I think I can file an identity theft report. As far as I know, he only possesses the information. He hasn't done anything with it.

2. Contact his internet service provider and complain. A lot of people have suggested that.

3. File a complaint with the site haltabuse dot org. They seem to know a lot on the subject of online harassment.

So I'll see where that takes me. And hopefully this'll all be resolved soon. [Yes I've got high in the sky apple pie hopes lol.] Thank you so much for your reply! :]
 
With regard to the police, I'd insist on filing a report. They don't have to do anything about it but at least make the filing. As I said, they would resist even doing that part of the paperwork. With regard to the information subpoena, you make a request for the user information that is on file with each company, e.g. IP address, any alternate mailing addresses that the user might have on file, name and address and telephone number, etc. You have to compile as much information as possible and preserve it if you are going to be able to eventually make a case.

Contacting the ISP is the next step but I wouldn't go there for complaint as much as I would preservation of evidence in the same fashion with the information subpoena. If his account is canceled at ISP 1, then all the perpetrator has to do is buy service from ISP 2.

Regarding filing complaints at other sites like what you mentioned, they can't change the process unfortunately. They have a group of affiliate links (they get paid for referring you to another site to hire an attorney) and have some limited resources regarding a collection of law (and you'll still need to do it yourself) and a list of lawyers you can pay to do things for you. I don't know what else they do, if anything.

As I said, your best bet is to compile as much evidence as you can using the existing system tools to build your case. Best of luck.
 
Status
Not open for further replies.
Back
Top