prev | next. There is currently no anti-stalking law in Lithuania. There is no specific anti-stalking law in Switzerland, although there is a Civil Code provision (Article 28b) that is intended to protect against harassment and offers the option of a restraining order. Section 10 of this Bill would prohibit unlawful stalking. Laws against cyberstalking. The use of technology to stalk, sometimes called “cyberstalking,” involves using the Internet, email, or other electronic communications to stalk someone. I. Pakistan does not have a specific anti-stalking law. The Domestic Violence (Protection Orders) Act 1997 amended the Sexual Offences and Domestic Violence Act to define and outlaw stalking in the context of a domestic or dependant relationship. This article discusses the federal anti-stalking law. Brief details are available from:Â, www.ncvc.org/src/main.aspx?dbID=DB_NSAM2008739#AT, AustraliaAustralian Capital Territory: Crimes Act 1900 s35 Stalking http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s35.html, New South Wales: Crimes (Domestic and Personal Violence) Act 2007 s13 Stalking or intimidation with intent to cause fear of physical or mental harmhttp://www.austlii.edu.au/au/legis/nsw/consol_act/capva2007347/s13.html, Northern Territory: Criminal Code s189 Unlawful Stalkinghttp://www.austlii.edu.au/au/legis/nt/consol_act/cc94/s189.html, Queensland: Criminal Code 1899 s359A-F Unlawful stalkinghttp://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s359a.html, South Australia: Criminal Law Consolidation Act 1935 s19AA Unlawful stalkinghttp://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s19aa.html, Tasmania: Criminal Code Act 1924 Schedule 1 s192 Stalkinghttp://www.austlii.edu.au/au/legis/tas/consol_act/cca1924115/sch1.html, Victoria: Crimes Act 1958 s21A Stalkinghttp://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s21a.html, Western Australia: Criminal Code Act 1913 s338D-E Stalkinghttp://www.austlii.edu.au/au/legis/wa/consol_act/ccaca1913252/notes.html#appendixa. www.oas.org/dil/The_Domestic_Violence_Act_Bahamas.pdf. A 2004 discussion of the application of these laws is available from: Angela Guildimann, a colleague at Bern University has kindly provided an English discussion of the reasons that the motions were not passed and what the next few years might hold for Swiss stalking laws: It should be noted that a 2008 UNHCR discussion paper suggested that police enforcement of domestic violence and related laws (such as the above Act) is ‘lax’ (, Screening Assessment for Stalking and Harassment (SASH), Modena Group on Stalking report: Protecting women from the new crime of stalking: A comparison of legislative approaches within the European Union, http://www.unhcr.org/refworld/pdfid/4caebb4f0.pdf, http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s35.html, http://www.austlii.edu.au/au/legis/nsw/consol_act/capva2007347/s13.html, http://www.austlii.edu.au/au/legis/nt/consol_act/cc94/s189.html, http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s359a.html, http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s19aa.html, http://www.austlii.edu.au/au/legis/tas/consol_act/cca1924115/sch1.html, http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s21a.html, http://www.austlii.edu.au/au/legis/wa/consol_act/ccaca1913252/notes.html#appendixa, http://www.polfed-fedpol.be/crim/crim_fccu_stalking_nl.php#_Wetgeving_en_juridische_middelen, http://www.bermudalaws.bm/site_docs/laws.aspx?RootFolder=/Laws/Consolidated Laws&sel=S, www.hsph.harvard.edu/population/domesticviolence/bosnia.domesticviol.05.pdf, http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. This paper can be found at: http://www.rainn.org/pdf-files-and-other-documents/Public-Policy/Issues/WomenStalkinginIran.pdf, Non-Fatal Offences Against the Person Act, 1997 s10 Harassment, http://www.bailii.org/ie/legis/num_act/1997/0026.html#zza26y1997s10. U.S. Code. Details about how stalking may be dealt with are included in the Modena report into stalking in Europe, available at: Slovenia has no specific anti-stalking legislation. Cyberstalking is a gross misdemeanor punishable by up to a year in jail for a first offense, but if it involves threats to kill another person or if the person has a prior conviction for harassing the same victim in the past, it is a Class C felony punishable by up to five years in jail. A. There has nonetheless been some academic interest in stalking. According to media reports, at the time of this writing, twenty-four states have both online harassment laws and cyber-stalking laws; ten states only have cyber-stalking laws and thirteen states only have Internet harassment laws.. Online Harassment Law: California Penal Code 646.9. (subscription required), Courtesy of Dr Anne Groenen, Luevens Instituut Voor Criminolgie, K.U. There is currently no anti-stalking law in Cyprus. Naomi Harlin Goodno I. Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws. International Computer Crime Laws of 45 Countries, Countries with an “a” are discussing the Anti-Counterfeiting Trade Agreement (ACTA) in 2010. This list represents the best of our knowledge to date (last comprehensively updated January 2014). For example, the state of Massachusetts has passed a law that prohibits bullying on school grounds or at a school sponsored event. The proceedings of the 2012 WSEAS International Conference on Economics, Political and Law Science includes a paper by Monika Horakova that discusses the law and its application. Discussion of the Act can be found in this article from the Singapore Academy of Law Journal. Text of the stalking provision can be found at: http://www.legislation.gov.uk/asp/2010/13/section/39Â, The entire Act is available at http://www.legislation.gov.uk/asp/2010/13/contents. http://webapps01.un.org/vawdatabase/searchDetail.action?measureId=22936&baseHREF=country&baseHREFId=668. In … harassment/cyber stalking and what demographic characteristics are associated with an increased risk of victimization (Reyns, Henson, & Fisher, 2011), and how the experience of cyber stalking differs from the experiences of traditional forms of stalking behavior (Sheridan & Grant, 2007). There is no specific anti-stalking or harassment law in Trinidad and Tobago, although some stalking behaviours may be policed under the Offences Against the Person (Amendment) (Harassment) Act, which came into force in June 2008. There is currently no anti-stalking law in Estonia. If the cyber stalking is done only to annoy the victim and is not resulted to serious offences like severe defamation, sexual crimes, identity theft or even grave crimes like terrorism, it is treated as a … An English-language discussion of the criminal justice system response to stalking in Belgium and the Netherlands can be found in: Van der Aa, S., & Green, A. This needs to be verified, so please contact us if you know of additional information. However, the organisation âWomen Against Rapeâ has worked with the US Stalking Awareness Organisation to increase public knowledge about stalking and its effects. This can include the illegal trespass onto a computer terminal or network belonging to the victim. According to Reno, Title 18 U.S.C. The Prevalence of Stalking in The Netherlands. Reporting to other countries may seem prohibitively difficult, but it isn't. The New York Court of Appeals, for example, recently struck down one New York county’s cyberbullying law, saying it violated the right to freedom of speech. General Civil Penal Code, Chap. The Swaziland government has been debating the Sexual Offences and Domestic Violence Bill throughout 2010 and it had not been enacted by the end of 2011. A more recent review is available in Van Der Aa and RÃ¶mken’s 2013 discussion of the state of the art of stalking legislation in Europe. Cyberstalking is the act of persistent and unwanted contact from someone online. Sometimes the word harassment is mentioned when defining cyberstalking. International law emphasizes a supranational concept related to cybercrime. Under 18 U.S.C. Mention of the draft law can be found in this report: www.eclac.cl/mujer/noticias/paginas/8/36338/Suriname.pdf. Domestic Violence Act, 1996. Poland introduced a stalking law on 6th June 2011. Some discussion of both sides of this debate can be found here: www.justgovernancegroup.org/en/swaziland/pdf/swaziland_dispatch_3.pdf. D. Nothing; existing international cyber stalking laws apply. Some Canadian provinces (e.g. Cyber-Stalking is defined as the unlawful act of collecting or amassing an individual’s private information with regards to the internet, a computer, or alternative electronic network. According to media reports, at the time of this writing, twenty-four states have both online harassment laws and cyber-stalking laws; ten states only have cyber-stalking laws and thirteen states only have Internet harassment laws.. Online Harassment Law: California Penal Code 646.9. The Law on Cyberbullying. Taiwan has no law preventing physical stalking. This act also provides a protection order in such cases. Leuven, http://www.bermudalaws.bm/site_docs/laws.aspx?RootFolder=/Laws/Consolidated Laws&sel=SÂ (lists Acts in alphabetical order, scroll down to ‘stalking’). Computer hacking and the use of advanced spy devices, emission based devices by the predators. But youMUST have REAL Evidence of … Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. If you know the details or an active link, please contact us. Some stalkers harass you with less threatening but still unwanted contact. From ex-spouses to people who just don’t agree with someone’s politics, this is a quickly growing form of harassment and unfortunately most laws aren’t catching up with the practice of cyberstalking. Criminal Code s107a Beharrliche Verfolgung (persistent pursuit) and Schutz vor Eingriffen in die PrivatsphÃ¤re Â§ 382g EO (Protection against invasion of privacy. Rejected Stalkers: This type of stalker is motivated to pursue their victim in attempt to reverse what they perceive as a wrongful set of circumstances causing a prior divorce, separation or termination of a relationship. Spain does not have an anti-stalking law and, as in many non-English speaking jurisdictions, there is no single Spanish word that captures the English concept of stalking. International Cyber Laws and Legislation. Stalking and harassment are considered as forms of domestic violence. to repeatedly and incessantly harassing, annoy, threaten, attack, frighten and abuse individuals verbally. However, there are undoubtedly laws criminalising stalking and harassment that we are unaware of. Please check below in addition to reading the report. Protection from Domestic Violence Bill 2010. International predators stalking in India! Offenders and Victims, 6 (1), 19-37. The Bill is contentious as outlawing stalking is seen by some to interfere with the traditional custom of âKusomaâ whereby courtship involves a man repeatedly asking a woman to marry him, and going to her home, workplace, or places of recreation to do so. Received 4 August, 2015; Accepted 25 July, 2016 Cybercrime, a concept which to date has defied a globally accepted definition, appears to be the latest scourge plaguing man and same has occupied the cynosure. Many states have enacted laws outlawing cyberstalking and cyber harassment. However, the UN has expressed serious concerns about whether this law is being implemented in an effective way. Federal laws against cyberstalking have existed since 2011. INTERNATIONAL REPORTING. A case recorded as evidence for international cyber-stalking and stalking. At least 44 states have some laws on cyberbullying. It is a federal felony to stalk or harass on military or U.S. territorial lands, including Indian country (18 U.S.C. Some media discussion (in English) in available from:Â, www.thelocal.se/36482/20111002/Â andÂ www.thelocal.se/37638/20111129/. Although there is no comprehensive, nationwide data on the extent of cyberstalking in the United States, some ISPs compile statistics on the number and types of complaints of harassment and/or threats involving their subscribers, and individual law enforcement agencies have compiled helpful statistics. Where a Kenyan petitioner’s application for asylum was denied, reversal is not warranted despite the petitioner’s assertion of eligibility for asylum on the basis of his Christian religion, his pol… http://www.compasscayman.com/story.aspx?id=27504, http://www.compasscayman.com/caycompass/2010/09/15/Domestic-violence-bill-supported/, http://www.wseas.us/e-library/conferences/2012/Zlin/EPRI/EPRI-27.pdf, https://www.retsinformation.dk/forms/r0710, www.unhcr.org/refworld/country,,,,GUY,,492ac7c328,0.html, http://stalking.medlegmo.unimo.it/legislazione click on decreto 23febbraio 2009, 2011, http://hourei.hounavi.jp/hourei/H12/H12HO081.php, http://www.legilux.public.lu/leg/a/archives/2009/0134/a134.pdf#page=3, http://www.wetboek-online.nl/wet/Wetboek%20van%20Strafrecht/285b.html. Regularly updated links to Federal, state, and US territory and protectorate anti-stalking legislation can be found at the National Centre for Victims of Crime website: http://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws, This page contains the reference for and, where available, a link to the anti-stalking legislation in each jurisdiction where we know relevant legislation exists. If you know of anti-stalking legislation that is not listed on this page, or if the information we have is incorrect, please contact us to provide details. However, the Senate subsequently failed to pass this Bill and as at the end of 2011, it had not yet been re-presented. The concept of jurisdiction pertains to which agency or court has the authority to administer justice in a particular matter, and to the scope of those agencies' and courts' authority. A life sentence can be imposed if the cyberstalking … Countries with a “v” have been invited to join NATO. The Belgian police provide a comprehensive discussion of the law and how it is applied at: http://www.polfed-fedpol.be/crim/crim_fccu_stalking_nl.php#_Wetgeving_en_juridische_middelenÂ (in Dutch or French). Cyber stalking is to be made a crime under Victorian law punishable by up to 10 years' imprisonment. Comprehensive discussions of the characteristics and status of European stalking laws are provided in the 2007 Modena Group on Stalking report: Protecting women from the new crime of stalking: A comparison of legislative approaches within the European Union and the associated Manual for victims and helping professionals (in multiple languages). However, this practice is often problematic because confrontations in cyberspace are different from real-life situations. Details about how stalking may be dealt with are included in the Modena report into stalking in Europe, available at: Protection from Harassment (Bailiwick of Guernsey) Law, 2005. Details about how stalking may be dealt with are included in the Modena report into stalking in Europe, available at: There is currently no anti-stalking law in France. Broadband 2020 Legislation. Almost 1.5 million people in the United States alone suffer from cyberstalking at least once every single year. Stalking and cyberstalking can lead to sleeping problems or problems at work or school. Whoever—. Sometimes, cyberstalking originates from other countries. practically there is no an International OFFICIAL LAWS Against a cyber stalking. Protection from Harassment Act, 1997 (see Scotland entry for further information about that jurisdiction). Note that the above link has the old version of the Act with a link to legislation.gov.uk where the amendments can be viewed. Cyber-Stalking is defined as the unlawful act of collecting or amassing an individual’s private information with regards to the internet, a computer, or alternative electronic network. The article is available from: www.hawaii.edu/hivandaids/Stalking_Perceptions_and_Experiences_Across_Two_Cultures.pdf, The Domestic Violence Act 2010 specifically prohibits harassment in the context of a current or former domestic relationship. There is currently no anti-stalking law in Latvia. The Maltese Code is available in pdf from: http://www.legislationline.org/documents/section/criminal-codes. The phenomenon of cyber-stalking and on-line harassment looks set to be the focus of the next Internet-related moral panic. Hong Kong has no specific anti-stalking legislation. Straffeloven (Criminal Code), Chap. States with a “YES” in this column have simply codified that standard in state statute. 27, s265, https://www.retsinformation.dk/forms/r0710 (in Danish). The law states the actions must be intentional. Weboek van Strafrecht (Penal Code), s285b, http://www.wetboek-online.nl/wet/Wetboek%20van%20Strafrecht/285b.html (in Dutch). In the United States, cyberstalking is a criminal offence. This can include the illegal trespass onto a computer terminal or network belonging to the victim. Cyberstalking is a relatively new crime and it continues to evolve alongside ever-advancing technology. However, the Hong Kong Law Reform Commission undertook a consultation and published a final report recommending changes to existing legislation in 2000. http://www.bailii.org/uk/legis/num_act/1997/ukpga_19970040_en_1.html. Specific laws against cyber stalking in that state or territory. Van Der Aa, S., & Kunst, M. (2009). Cyberbullying Laws. The Tajikistan parliament failed to pass a bill prohibiting domestic violence (including stalking in the context of domestic relationships) in October 2010 and it had still not been passed by the end of 2011. Half of all states have also updated their legislation to include similar options. 875 (c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. 2. Jurisdiction can be based on a number of different things:Because these systems are separate, a person can be charged, tried and acquitted under state law, for example, and then charged, tried and convicted under federal law for the same act, without incurring double jeopardy. As cyberstalking is a form of emotional assault, laws governing harassment and slander can be applied to electronic communications. you can make a report to your local police, and see if they can do to help you. Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious behaviors. Protection from Harassment Act 2000. you can make a report to your local police, and see if they can do to help you. The future of the legislation is unclear given that the bill was drafted in 2003 and has been in committees since that time. Singapore passed the Protection from Harassment Act in March 2014 after a number of years of consultation and consideration. Â the Cayman Islands Law Reform Commission noted that they would be undertaking research beginning in April 2010 into the need for a specific anti-stalking law. In January 2011, the High Court declared stalking to be a form of sexual offence and ordered that the Prevention of Repression on Women and Children Act be amended to include stalking in its provisions. Text of the Act can be found at Singapore Statutes Online by searching for ‘Protection from Harassment’. Challenges to enforcement of cyber-crimes laws and policy Ajayi, E. F. G. School of Law, Kenyatta University, Nairobi, Kenya. International Legislation. http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf (in English as at 2005). Some discussion of relevant legislation in the country is also available in Jagessar & Sheridan (2004) who compared perceptions of stalking in Britain and Trinidad. The Swiss Federal Councilâs discussion of why the motion failed is available here: http://www.parlament.ch/d/suche/seiten/geschaefte.aspx?gesch_id=20083495 (in German and French). It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten, embarrass or harass. What must exist for cyber stalking to be illegal in a state or territory? Almost 1.5 million people in the United States alone suffer from cyberstalking at least once every single year. Finally, the Convention on Cybercrime will be analysed to see if it can serve a purpose in the combat against international (cyber)stalking (chapter 7). § 2261A). Domestic partner stalking was prohibited within domestic violence legislation passed by the National Assembly in August 2009. If you know of an active link to the legislation, please contact us. Domestic Violence Act 2008. In New South Wales it is illegal to stalk another person, even if that stalking is over the internet, or online. The Afghan government passed the âElimination of Violence Against Womenâ (EVAW) law as part of the Shia Family Law in August 2009, which reportedly prohibits stalking of women (not men). Stalking is a form of emotional assault, and cyberstalking, also referred to as “cyberbullying,” is a high-tech method of inflicting more pain.The Violence Against Women Act of 2000 placed cyberstalking under the prevue of federal law in the U.S. From ex-spouses to people who just don’t agree with someone’s politics, this is a quickly growing form of harassment and unfortunately most laws aren’t catching up with the practice of cyberstalking. Cyberstalking. L. 23 aprile 2009, n. 38, âMisure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonche’ in tema di atti persecutori”, http://stalking.medlegmo.unimo.it/legislazione click on decreto 23febbraio 2009, 2011 (in Italian), Courtesy Ms Chiara Sgarbi, UniversitÃ di Modena e Reggio Emilia. As of 2005, 44 states have enacted cyber stalking laws within existing stalking or harassment laws (National Conference of State Legislatures 2006). Each country fights with cyber crime , own ways. Criminal Code, 442bis. Slander, harassment, and anti-stalking legislation laws govern cyberstalking to some degree. An English translation of the relevant sections of the Criminal Code can be found at: http://www.austria.gv.at/site/cob__37006/6845/default.aspx. All states have anti-stalking laws, but the legal definitions vary. Identifying the Needs of Victims Stalking and the responsiveness of the Criminal Justice System: A qualitative study in Belgium and the Netherlands. Cyberstalking is punishable by up to five years in prison and a fine of $250,000. Some information on the legal and policing situation prior to the 2013 amendment is included in this article: www.mightylaws.in/208/stalking-phenomenon-legal-status-preventive-measures. (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a … INTRODUCTION The Internet is a powerful … The South African Legislative Assembly passed the Protection from Harassment Bill in August 2011, providing for protection for women and men against harassment and including sections concerning protection orders and cyberstalking. A summary and the full HKLRC report can be found at: http://www.hkreform.gov.hk/en/publications/rstalk.htm. If you know of anti-stalking legislation that is not listed on this page, or if the information we have is incorrect, please, Comprehensive discussions of the characteristics and status of European stalking laws are provided in the 2007, Anti-stalking and anti-harassment legislation by country. Despite these efforts, our understanding of cyber harassment Notes. However, implementation of this law is slow and problematic. C. Nothing; existing stalking laws can apply. Each country fights with cyber crime , own ways. Cyberstalking is the use of the Internet, email, text messaging, or other electronic communications to follow someone in a threatening manner, and generally refers to using information obtained from those electronic investigations in a malicious or threatening manner. www.lac.org.na/projects/grap/Pdf/mono3stalking.pdf. ... Law Reporter. Cyberstalking laws make behaviors such as these illegal. In the wake of a 2010 High Court direction for the government to develop a policy better to manage the problem of the stalking of women, the government modified the âMobile Court Act 2009â in November 2010 to allow men who stalk women to be tried summarily. There are no federal laws at this time that address bullying or cyberbullying. Scotland traditionally policed stalking under its common law provisions for âbreach of the peaceâ, with additional civil and criminal prohibitions against harassment in the Protection from Harassment Act (1997) (see United Kingdom entry). In many cases, however, these laws have not kept pace with the quickly evolving world of the internet. Also, many states are now enacting laws that explicitly outlaw cyberbullying. The law on cyberstalking. The text of the Act can be found here: www.info.gov.za/view/DownloadFileAction?id=156361. Countries with a “h” belong to the Hague Conference. No link to the 2004 legislation has been identified, however the 1999 draft legislation can be found here: Â A 2004 discussion of the application of these laws is available from: There is currently no anti-stalking law in Namibia. A link to the specific legislation is required (please contact us if you know of one). (available free online), http://www.nzlii.org/nz/legis/consol_act/ha1997129/, Protection from Harassment Act 1997, s13 Corresponding Provision for Northern Ireland, http://www.bailii.org/uk/legis/num_act/1997/ukpga_19970040_en_1.html#pb3-l1g13. Snowden Leak Reveals NSA conducted 231 Offensive Cyber Operations in 2011, REPORT: ‘Brilliant’ Snowden Digitally Impersonated NSA Officials, Banks and Utilities Possible Targets from Wave of Syrian Cyber Attacks, Syrian Electronic Army claim ‘take over’ of Twitter and New York Times in Cyber Attacks, Warning of Major Cyber Event by Outgoing US Homeland Security Secretary Janet Napolitano, New figures reveal extent of Cybercrime in UK, Ex-Soviet Hackers Play Outsized Role in Cyber Crime World, McAfee Labs Q2 Report Finds Android Malware Growth, FBI Cyber Team claims victory over Anonymous. A human rights group update on the law in 2010 suggested that Section 10 would be removed from the final law due to the controversy, although it is unclear if this is the case: Sweden introduced an anti-stalking law on 1 October 2011. Although the act uses the word âharassmentâ, subsequent guidelines for magistratesâ court staff include stalking as a type of domestic violence and the act allows for the imposition of a protection order to prevent ex-intimate stalking behaviour. Half of all states have also updated their legislation to include similar options. These laws permit legal action against anyone using digital technologies to harass others. Â A 2008 UNHCR discussion of the application of this law is available from: Â www.unhcr.org/refworld/country,,,,GUY,,492ac7c328,0.html. 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G. school of law Journal its application is discussed the... School of law, which will be posted as soon as possible to victims of family or violence! Trade Agreement ( ACTA ) in available from: http: //www.austria.gv.at/site/cob__37006/6845/default.aspx Anti-Counterfeiting Trade Agreement ( ACTA in! 6Th June 2011 in Budapest on November 23, 2001. international legislation Data Protection,. United states alone suffer from cyberstalking at least 44 states have enacted specific cyberstalking.. Which will be used Against them know it 's bogus no an OFFICIAL.