Through the use of examples of cyber stalking the paper will consider the nature of regulation required in relation to this behaviour in cyberspace. The paper will consider the differences between off line and cyber stalking, and review how these differences affect the regulation of such activities. The paper will review the boundaries between public and private law, between national and international law and between state law and self regulation, and consider whether the traditional positivist methodology of law, within these boundaries offers an adequate intellectual framework in which to consider the nature and form of regulation in cyberspace