10 Dec 2024Separation from a partner can be one of the most dangerous times for a woman in an abusive relationship, and the phenomenon of cyberstalking has increased the variety of ways an abuser can intimidate their former partner.
Cyberstalking considered stalking under the law
With the wide use and constant innovation of technology, it comes as no surprise that there is now a multitude of ways someone can stalk, intimidate or threaten their ex-partner using technology.
In the context of family law and relationship breakdown, we often see one of the partners experiencing some sort of family violence perpetrated by their ex – whether it be coercive control, financial abuse, harassment, stalking, or even assault.
A person can easily be tracked illegally using the “cloud”, apps like “find my iPhone” and other spy malware apps which are available for download.
Under the Family Law Act 1975 (Cth) section 4AB, stalking comes under the definition of family violence.
Stalking is also a criminal offence in NSW under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), carrying a maximum penalty of 50 penalty units, or imprisonment for five years, or both.
Stalking someone by means of technology is still considered stalking under section 8(1)(c) of the Crimes Act.
High rates of cyberstalking in Australia
The Australian Institute of Health and Welfare found that one in five women and one in fifteen men have experienced stalking since the age of fifteen. (Please see Stalking and surveillance, Australian Institute of Health and Welfare, 9 December 2024.)
It also found that 51% of Australia’s adult population has experienced technology-facilitated abuse, with stalking and surveillance by one of the partners typically beginning when the relationship breaks down.
How to know if your device has stalkerware
“Stalkerware” is a form of spyware which allows someone to monitor another person. Such applications can discreetly be put on mobile phones, without the victim even realising that the application was installed.
Apple and Google claim that stalkerware applications are not available through their services. Most spy applications are usually downloaded through the internet.
In most cases the person must have access to your phone to do this. They can tap into your applications like “find my iPhone” and monitor texts, location, calls and social media chats.
There are signs that spyware may have been installed on your phone.
These include things like your phone battery running out quicker than usual, the phone overheating, the phone not shutting down, mobile date usage being unusually high and websites not looking right. (Please see How to Tell if Your Phone Is Being Tapped (and What to Do About It), PCMag Australia, 30 July 2024.)
Cyberstalking through wearable devices and Apple AirTag
Perpetrators are now also using wearable devices like Apple iWatch, fitness bands and GPS-enabled cameras to stalk others.
Apple AirTags, which track a person’s movements, are used by being placed on or in the victim’s belongings. As they are small, flat token-like devices, they can be attached discreetly.
Wearable devices can also be easily placed within clothing, handbags or cars.
Stalkers can hack into these devices, as they can connect to more than one Bluetooth-enabled device. These wearable devices collect and share data about sleep patterns, exercise and so on.
It is best to use a strong password for such devices, ensure they are only connected to one device, or better still, consider shutting them down during a risky time, like a relationship breakdown. (Please see Wearables and fitness trackers, eSafety Commissioner, 25 June 2024.)
How to protect yourself from cyberstalking
The Australian Government eSafety Commissioner has created a website for women who are at risk of experiencing this type of family violence. The advice applies to all victims of stalking and cyberstalking. (Please see Cyberstalking, eSafety Commissioner, 6 September 2024.)
The website advises taking the following precautions.
- Keep track of all your devices
- Use passcodes and biometric logins
- Keep your phone number on private
- Turn off Bluetooth, GPS and location services, especially for social media accounts
- No “in-app” purchasing
- Always update your phone
- Consider a factory reset of your devices
Legal Aid NSW provides advice on what to do if your personal information is compromised in a data breach and ways to get help if your identity has been stolen. (Please see Victims of cybercrime, Legal Aid NSW.)
Technology-based stalking is now easier than ever, with almost everyone having a mobile phone. Getting comprehensive legal advice from your lawyer about these matters during family law proceedings is essential.
For more information please see the articles below.
Spy phone apps: privacy protection or illegal surveillance?
Coercive control is now a crime
Coercive control to be a crime in NSW and Queensland
Domestic coercive control could soon be criminal in Australia
