Stalking Herald

There has been some discussion and confusion about stalking in my circles of Second Life. When does seeking someone become stalking? More specifically, when does seeking someone who does not wish to be found become stalking?

---------- Begin debate. First, establish authority and scope:-------

Excerpt: Second Life Terms of Service

4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Linden Lab deems harmful. ...
In addition to abiding at all times by the Community Standards, you agree that you shall not: ... (x) "stalk", abuse or attempt to abuse, or otherwise harass another user

7.1 Governing Law. This Agreement and the relationship between you and Linden Lab shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

-------Next, define terms-------

Excerpt: CALIFORNIA PENAL CODE , SECTION 646.9. (a)

Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking

Excerpts: Encarta Online Dictionary

~~seek: (v) 1. search for something: to try to find a person, thing, or place. 2. strive for or attempt something: to try to achieve or obtain or do something. 3. ask for something: to consult somebody in order to obtain something such as help or advice. 4. head for something: to go to or toward a place or thing

~~ stalk: (n) 1. stealthy pursuit: the act or process of stealthily following or trying to approach somebody or something. 2. act of steady harassment: the crime of harassing somebody with persistent, inappropriate, and unwanted attention.

~~ha·rass: (v) 1. keep bothering or attacking: to persistently annoy, attack, or bother. 2. exhaust enemy with repeated attacks: to exhaust an enemy by attacking
repeatedly.

~~stealth: (n) 1. action to avoid detection: the action of doing something slowly, quietly, and covertly, in order to avoid detection. 2. furtiveness: secretive, dishonest, or cunning behavior or actions

~~malice: (n) 1. wish to do harm: the intention or desire to cause harm or pain to somebody 2. (law) intent to do harm: the intention to commit an unlawful and unjustifiable act that will result in harm to another.

Excerpt: Second Life Community Standards

... Harassment: Given the myriad capabilities of Second Life, harassment can take many forms. Communicating or behaving in a manner which is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm is Harassment.

------------Argument:-------------

"Stalk" implies malicious, stealthy intention to harm, with threats and repetition. "Seek" does not. Therefore, where malice, secrecy, harmful intent, and threats are missing, stalking did not occur. When there is any evidence of stalking, prudent targets would make reports to legal authorities for the protection of everyone.

------------ Corroboration----------

Excerpt: Second Life Knowledge Base

Whenever you see one of these rules being broken, and you believe it to be intentional or malicious, then everyone present at the incident should file an abuse report. The abuse reporting system exists to make the Second Lives of Residents more pleasant and satisfying.

---------End presentation--------

I yield the podium to other arguments.