Judicial Responses to Cyberstalking and Digitally Facilitated Harassment: An Analysis of Federal Court Memorandums

• In Event: Sociology of Sex and Gender Section Roundtables
  In Refereed Roundtable (60 minute): Table 14. Law, Activism, and Institutional Politics

Abstract

The expansion of digital communication technologies has transformed interpersonal relationships while simultaneously facilitating new forms of harassment, intimidation, and surveillance. Cyberstalking and digitally facilitated threats have emerged as significant social and legal concerns, prompting increased federal prosecution under statutes such as 18 U.S.C. § 2261A. Although existing scholarship has largely focused on appellate case law and constitutional theory, limited research has examined how trial-level courts interpret and apply cyberstalking statutes in everyday judicial practice. This study addresses this gap through a qualitative analysis of twenty-one federal court memorandums and judicial opinions issued between 2010 and 2026. These memorandums were analyzed using thematic coding to examine statutory interpretation, assessment of intent, evaluation of digital evidence, detention rationale, sentencing practices, and the implicit treatment of gender and race. Cross-case comparisons were conducted to identify recurring patterns in judicial reasoning. Findings indicate that courts consistently frame cyberstalking as intentional, pattern-based, and escalating conduct rather than isolated speech. Judicial reasoning prioritizes public safety, frequently supporting pretrial detention and enhanced sentencing based on perceived risk and persistence of behavior. Gendered dynamics are embedded in court narratives through relationship roles, reputational harm, and sexualized abuse, particularly in cases involving intimate partners and family members. In contrast, race remains largely absent from written judicial analysis, reflecting a race-neutral textual posture that may obscure broader structural inequalities. Courts also emphasize collective responsibility in conspiracy cases and demonstrate strong resistance to post-conviction relief. This study contributes to sociolegal and criminological scholarship by illuminating how federal courts operationalize cyberstalking laws at the trial level. By documenting how legal standards intersect with implicit understandings of harm, power, and identity, the findings provide important insights for policymakers, practitioners, and researchers seeking to improve responses to technology-facilitated abuse.

Authors

• Srushti Upadhyay, Purdue University

• Emma Ettele, Purdue University