Wednesday, February 6, 2008

How long do cease and desist orders last?

If two high ranking members of opposing forces agreed upon a cease and desist order, is it set for only a certain amount of time? Does it just expire without any common knowledge between the two partners? Or is a cease and desist order so flimsy that as soon as one party breaks their promise, things just immediately roll back to the way there were?

Per the amazing wikipedia resource:

  • Cease and desist (also called C & D) is a legal term used primarily in the United States which essentially means "to halt" or "to end" an action ("cease") and to refrain from doing it again in the future ("desist"). The recipient of the cease-and-desist may be an individual or an organization.
  • These orders usually specify a period of time for the recipient of the order to request a hearing. If a hearing is not requested by the recipient in the given time, the cease-and-desist order becomes final and the agency has the ability to enforce its order in a court of law.

Hrm, so things like that become final.

Something that caught my attention was the word “stalk”: Some types of behaviors that may prompt such cease and desist actions include:

Stalking or other forms of harassment:

Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. Lambèr Royakkers writes that: "Stalking is a form of mental assault, in which the perpetrator repeatedly, unwontedly, and disruptively breaks into the life-world of the victim, with whom he has no relationship (or no longer has), with motives that are directly or indirectly traceable to the affective sphere. Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)."

CyberAngels has written about how to identify cyberstalking: When identifying cyberstalking "in the field," and particularly when considering whether to report it to any kind of legal authority, the following features or combination of features can be considered to characterize a true stalking situation: malice, premeditation, repetition, distress, obsession, vendetta, no legitimate purpose, personally directed, disregarded warnings to stop, harassment, and threats.

A number of key factors have been identified:

  • False accusations. Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms or other sites that allow public contributions, such as Wikipedia or
  • Attempts to gather information about the victim. Cyberstalkers may approach their victim's friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective. They often will monitor the victim's online activities and attempt to trace their IP address in an effort to gather more information about their victims.
  • Encouraging others to harass the victim. Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his family in some way, or may post the victim's name and telephone number in order to encourage others to join the pursuit.
  • False victimization. The cyberstalker will claim that the victim is harassing him. Bocij writes that this phenomenon has been noted in a number of well-known cases.
    Attacks on data and equipment. They may try to damage the victim's computer by sending viruses.
  • Ordering goods and services. They order items or subscribe to magazines in the victim's name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim's workplace.

Holy Crud. Some interesting thoughts for the day. I never realized how bad it actually was.


Katarina Jelly Beana said...

Aw, man!

And I thought you'd like the package from Adam and Eve sent to your workplace. Some people are so sensitive.

(BTW--totally ridiculous that this goes on in any forum. My message to stalkers? GET A FREAKIN' HOBBY. Knitting. Playing the Sims. Go for a walk. Something to make you as interesting as you think you might be.)

Duck said...

Are you being cyber stalked? what kind of bizzare forum is this - I have to go check it out.

Duck said...

Just checked out webmd - it's totally unorganized - how do you find anything? I found the TTC 6+ month board.
I dunno - if you looking for some new forum places i go to - people are nice, it's super organized and - they have a good vet area that you may want to check out.

Jenera said...

I have had a few run-ins with people that have done this very thing to me. After repeatededly telling them to stop, they would have other family members contact me and my mom to continue the harrassment. It wasn't until I threatened legal action that they finally stopped. It was ridiculous.

Lori said...

OMG. Are there really creatures that never progress past 7th-grade impulses?

Holy crap.

Denise said...

What prompted you to look at this? Now I'm worried about you.

Wordgirl said...

Oh Nancy -- that sucks -- why on earth would that happen?

I'm really really sorry that's happening -- just recently I was wasting time on google -- you know wondering what would happen if I pulled up my maiden name...and there it was on this rating site for teachers...I mean, really awful stuff. For all the good the internet can do it also emboldens cowards -- and that's a shame.

Christopher said...

(BTW--totally ridiculous that this goes on in any forum. My message to stalkers? GET A FREAKIN' HOBBY. Knitting. Playing the Sims. Go for a walk. Something to make you as interesting as you think you might be.)"

The big joke is, my surname is HOBBY. Go read this story of how a bunch of psychos are stalking myself and my partner to death. They all got themselves a freakin' HOBBY ...................................... me !!!!!!