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stories filed under: "cyberbullying"
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, regulations



Congress Not Yet Willing To Outlaw Being A Jerk Online

from the that-whole-free-speech-thing dept

In the wake of the whole Megan Meier/Lori Drew thing, politicians started shoving each other aside to introduce "anti-cyber bullying legislation" that would outlaw being a jerk. The whole thing was pretty ridiculous. People are going to be jerks. You can't outlaw it. Beyond just the First Amendment issue, the simple fact is some people will act like jerks some of the time. It happens. It doesn't mean that it's good, but that also doesn't mean that you can just outlaw it. Of course, seeing as this is the type of legislation that politicians like to claim is "to protect the children" and gets them in the press, there's always a chance that laws like this get some momentum. Thankfully, it looks like our Congressional Reps. at least recognize what a dumb idea this is. While Rep. Linda Sanchez insists that such a law is needed, it appears that other politicians are not very interested, pointing out the First Amendment issues, as well as the unintended consequences of making such a vague concept a criminal offense.

21 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cyberbullying, hacking, lori drew, megan meier



US Prosecutor Wants To Appeal Lori Drew Ruling

from the really?--give-it-up... dept

This is incredible. Apparently the US prosecutor in the bogus Lori Drew case, which the judge finally tossed out in August is looking to appeal the decision. It's up to the US Solicitor General as to whether or not that actually happens, but just the fact that the prosecutor is still pushing this case is ridiculous. It was clearly an attempt to twist a law (unauthorized computer access) well beyond what it was meant to cover in an attempt to bring Drew up on charges because people didn't like the end result of what happened, even though she didn't break the law. The judge tossed it out because of how ridiculous it was. Also, apparently the cases that the prosecutor relied on in pushing the original case have now been rejected as well, making the argument even more tenuous. What a waste of time for a US prosecutor.

23 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, regulations



Anti-bullying Laws Don't Work Offline; Why Do Politicians Think They'll Work Online?

from the bullying-is-bad,-m'kay? dept

There's no denying that school bullying can be a terrible thing for those who are being bullied. But, in the last few years, the urge to overprotect has gone to ridiculous lengths, including various "anti-bullying" laws (not to mention the silly idea that if Spiderman told kids to stop bullying, they would). Yet, as Eric Goldman points out, a new report notes that there's no evidence that anti-bullying laws actually do anything at all to prevent or stop bullying. It's one of those laws that people want because it sounds good, rather than actually doing anything good. Politicians pass them because who could possibly be in favor of bullying? But the problem is that these laws don't actually do anything, and now there are all sorts of attempts to expand them online where they still won't do anything to solve the problem, but will be used to go after people that prosecutors don't like.

31 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cyberbullying, hacking, lori drew, megan meier



Lori Drew Case Officially Dropped

from the good-news dept

While this should come as no surprise -- since the judge basically said two months ago that he was planning to dismiss the ruling against Lori Drew -- it's worth noting that official ruling dismissing the case has been handed down:

The reasoning of the opinion is that whatever unauthorized access means, it cannot mean mere violation of Terms of Service without more. Such a reading of the statute would render the statute unconstitutionally void for vagueness because it would give the government almost unlimited power to prosecute any Internet user and wouldn't give citizens sufficient notice as to what of their Internet conduct was criminal.
Phew. Whatever you think of Drew's behavior, it was absolutely wrong to try to twist a totally unrelated law to find something to charge her with.

Of course, now, in the wake of this debacle, Missouri passed a new law making online harassment a potential felony, and the first case under that law has been filed.

24 Comments | Leave a Comment..

 
Surprises

Surprises

by Mike Masnick


Filed Under:
cyberbullying, hacking, lori drew, megan meier, sentencing, symbolic

Companies:
myspace



Judge Tosses Out Lori Drew Ruling

from the wow dept

The Lori Drew verdict finding her guilty of computer hacking because she may have broken MySpace's terms of service (without even having read them) was a classic example of prosecutors trying to stretch the law to punish someone who did something they didn't like, but which wasn't against the law. The implications of the ruling were quite troubling, in that they could turn almost anyone into a criminal if prosecutors wanted to charge them as such. For months, though, the judge in the case has been weighing whether or not to overturn the ruling. It's not clear why it took so long, but the judge has in fact acquitted Drew on the three charges she was found guilty of by the jury. This is good news all around. No matter what you think of Drew and what she did, prosecutors twisted the law in a way that would have set an amazingly dangerous precedent. It will be interesting to see if there's an appeal, but for now, this is undeniably good news.

68 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, fake profiles, profiles, regulations, social networks, texas



Texas Politicians Want To Make It A Felony To Create Intimidating Fake Online Profiles

from the if-you-intimidate,-please-be-real dept

The latest in a long line of questionable "cyberbullying" legislation has shown up in Texas, where the legislature has approved a bill that would make it a felony to create a fake social networking profile with intent to "harm, defraud, intimidate, or threaten" anyone. Of course, that seems rather broad. Oddly, the article doesn't mention the Lori Drew case (Update: actually, it does mention Lori Drew at the bottom... but says this law wouldn't apply, because it only applies to fake profiles of "real people"), though, it does mention the Tony La Russa/Twitter legal battle, even though it's difficult to think any court would rule a parody profile as being with intent to harm, defraud, intimidate or threaten. Of course, even if the bill is signed into law, Eric Goldman notes that it would likely have trouble surviving much of a challenge, pointing out the oddity of singling out "social networking sites" and (more importantly) the fact that any such law would likely ban all sorts of protected free speech. Still, "anti-cyberbullying" laws are all the rage these days, and politicians want to make sure they can tell constituents that they're out there "protecting the children," so expect to see plenty more of this type of legislation.

26 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cyberbullying, hacking, lori drew, megan meier, sentencing, symbolic



Prosecutors Still Want To Pretend Lori Drew Was Convicted Of Harming Megan Meier

from the this-is-sickening dept

The prosecutors in the Lori Drew trial continue to make a mockery of the law. After pushing to give Drew the maximum three years in jail not because of what she was convicted for, but because she "has become the public face of cyberbullying," prosecutors are now demanding that Megan Meier's parents speak at the sentencing hearing, claiming they are Drew's victims. Except... that's simply not true. Drew was convicted merely of having "hacked" into MySpace's computers, because she broke their terms of service by not using her real name (even though she didn't even sign up for the account). The fact that Megan Meier later committed suicide has nothing to do with what Lori Drew was actually convicted of doing. The only reason to allow them to speak at the sentencing is to push for an emotional reason for the sentencing rather than a legal one. The whole thing is a rather disgusting display of a prosecutor abusing the law to punish someone who he believes did wrong, but who did not actually break the law. Whether you believe what Drew did was horrific or not, there's simply no excuse for abusing the law in this manner.

96 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Blaise Alleyne


Filed Under:
bullying, cyberbullying, regulations



What is Cyberbullying Anyway?

from the good-to-know-*before*-the-witch-hunt dept

We've been hearing a lot about "cyberbullying" lately. Cases like the Lori Drew incident have got politicians and teachers all over looking to pass vague new rules and laws (or twist existing ones) to punish behavior they feel is wrong. The problem is, no one really seems to be able to define the term, at least not in a way that really distinguishes it from simply being a jerk online, so it's encouraging to see a paper from a vice president of Stetson University, Darby Dickerson, calling on educators to slow down and define cyberbullying before creating policies about it, though I'm not sure she gets to the heart of the issue. Dickerson observes that people have been using the term often and easily, without any real consensus on what it includes and what it doesn't. In the absence of a generally accepted scholarly or legal definition, she calls on universities to take four steps before creating a cyberbullying policy:

  1. consider the types of activity that might be included within the term,
  2. consider the type of harm,
  3. consider the level of intent required by the offender,
  4. determine the extent that it will address off-campus conduct.
This is good advice and Dickerson does a pretty good job of outlining the concerns. She notes that conduct such as "cyberstalking" or "cyberthreats" might be included, while issues of fraud probably shouldn't be, arguing that "not all misconduct that occurs online should be labelled as cyberbullying." She cautions institutions to remember "free speech and related constitutional concerns." She's skeptical of extending the term to include simply being a jerk online, and she questions labeling students as cyberbullies who don't display real malice or hostility. She also raises lots of important questions about what it means to be "off-campus" in cyberspace. Dickerson concludes by urging institutions to clearly define the term before enacting policies, highlighting many important questions that must be answered first.

Yet... Dickerson ignores one major consideration: why have a separate policy for cyberbullying anyway? It seems to me that in order to consider these issues sanely, we need to stop pretending they're separate things simply because we apply a "cyber" prefix to them. What's a "cyberthreat?" How is that different from a threat in general? Is a "cyberthreat" just a threat made online? What if it's made with a cell phone instead? What about a plain old telephone? Yes, the medium must be considered ("you're going to die" is different when shouted in a playground than written in letters cut out of a magazine...), but do we create separate terms or policies for each medium? We do often need to re-examine our laws and policies in the face of new technologies, but it rarely makes sense to have separate "cyberpolicies" instead of ensuring that existing policies are adapted to handle the new technologies. Why not ensure that existing harassment policies cover real harassment that occurs online instead of creating a new "cyberharassment" policy? Without a consideration of the difference between cyberbullying and bullying in general at the heart of this discussion, people run the risk of spending their energy blaming the technology and grandstanding, creating new policies with troubling unintended consequences rather than addressing the real issue, which often may well just be plain old bullying in a new context. The new context can certainly present new challenges that might warrant policy changes, but people should be careful not to get distracted from the issue of bullying just because it has "cyber" tacked onto the front.

Blaise Alleyne is an expert at the Insight Community. To get insight and analysis from Blaise Alleyne and other experts on challenges your company faces, click here.

26 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cyberbullying, hacking, lori drew, sentencing, symbolic



Prosecutors Want To Give Lori Drew 3 Years In Jail For Symbolic Reasons

from the sickening dept

As the sentencing phase of the Lori Drew trial moves forward, prosecutors are asking for three years in jail, well beyond what she should get based on normal sentencing guidelines. So, why? It's not because of anything she actually did, but because of what she represents:

"Defendant has become the public face of cyberbullying. A probationary sentence might embolden others to use the Internet to torment and exploit children."
It's hard to have any more direct proof that this case has never been about what Lori Drew actually did and whether it was a crime, but about some grandstanding prosecutors looking to create a PR campaign. Even worse, the prosecutors seem to be focusing on the cyberbullying issue even though that's not what the trial was even about. She was convicted of computer fraud in giving a false name to MySpace, violating its terms of service. The actual "cyberbullying" isn't what she's on trial for at all. It's really rather despicable to see the legal process twisted, in a Salem Witch Trial type of show, in which the sentencing recommendation has no relation to the actual conviction.

99 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
cyberbullying, felony, lori drew, megan meier, trolls



Congressional Rep Wants To Put Internet Trolls In Jail

from the well,-that's-an-idea dept

Last year, the lawsuit against Lori Drew got plenty of attention. It involved the sad story of a girl, Megan Meier, who ended up killing herself after a "friend" she met on MySpace ended their friendship in a rather rude fashion. It later turned out that the "friend" wasn't a real person, but a made up individual, created by a former friend of the girl, that girl's mother (Lori) and an employee of Lori created the person (they claim) as a way of finding out what Meghan was saying about Lori's daughter. The whole story is quite sad, obviously, and suggests incredibly poor judgment on Lori's part. However, was it illegal? The initial analysis was not at all. However, prosecutors then twisted computer hacking laws to charge her, and she was eventually found guilty of misdemeanor computer hacking for creating a fake person on MySpace. This ruling was troubling for a variety of reasons, including the fact that it's now quite easy to make anyone a criminal via terms of service. Also, the fact that it actually is likely to put more kids at risk.

That particular case was distorted by a few issues, involving the fact that Lori was an adult while Meghan was a child. If the MySpace friend "Josh" had been a real teen, would the same outrage have happened? I had a friend in high school kill himself after his girlfriend dumped him. Should she have been charged with a crime?

However, with emotional cases, come bad legal precedents and bad laws. Missouri (where this happened) already rushed through an "online harassment" law, and now it looks like we may get the federal equivalent. Rep. Linda Sanchez has introduced a cyberbullying law (named after Meier) that could put people in jail for up to two years for online communications "with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person... to support severe, repeated, and hostile behavior."

Yes, this effectively makes online trolling a crime. It's difficult to see how this gets past even the most basic First Amendment review, but that won't stop politicians from grandstanding over it.

68 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
cyberbullying, czech republic, teachers



How Is It Cyberbullying When Students Are Exposing Teacher Abuses?

from the trying-to-understand... dept

Over in the Czech Republic, the education ministry has drawn up "guidelines" for how schools can deal with "cyberbullies" and just like other recent stories, it's the teachers who are afraid of being bullied more than other students. But, as you read the details, it sounds that what the teachers define as "cyberbullying" is actually something more like "students exposing teacher abuses." We've seen this before. A school district in the US punished students for recording a teacher's outburst, and in another case, a student was suspended for filming the principal smoking on school grounds -- against regulations. In this case, the rules against cyberbullying came after students uploaded a video of a teacher hitting a kid. It's difficult to see how that's cyberbullying at all. It sounds like the students were effectively exposing a teacher abusing his position. Yet, the response, again, is to figure out a way to blame the kids and make it more difficult for them to expose teachers acting badly.

11 Comments | Leave a Comment..

 
Overhype

Overhype

by Carlo Longino


Filed Under:
bullying, cyberbullying



What's The Goal Of Anti-Cyberbullying Moves?

from the treating-the-symptoms dept

The WSJ has a column talking about some changes sites like YouTube and MySpace are making to make it easier to flag abusive content. The sites are reacting to the growing storm about cyberbullying, and are perhaps attempting to head off legislation that could inflict onerous regulations on them. The column focuses on the speed with which sites -- often hampered by sheer volume, as well as the number of unfounded reports -- can react to the flags and take down offending content. But should removing content that depicts or constitutes bullying or harassment be the ultimate goal? Like other reporting systems, it's a little hard to tell if these will actually do anything to get to the root of the problem: the bullying itself. Treating cyberbullying as separate and distinct from bullying or other abusive behavior that happens offline just masks the underlying issue. Without addressing that, the real problems for the victims will continue, regardless of whether their tormentors' activities get displayed online or not.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

15 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, ireland, liability, responsibility



Politicians Still Trying To Outlaw Being A Jerk

from the it's-not-going-to-work dept

Reader eoinmonty writes in to let us know that Irish politicians are pressuring mobile phone companies to stop mobile phone bullying, and saying that if the companies can't do so, they'll be forced to put in place laws that require them to stop bullying. The whole thing is rather ridiculous, and, as one phone company rep accurately pointed out: "It is unrealistic and unfair to expect mobile phone operators to solve what is a broader societal problem." Indeed. It seems as if politicians think that somehow the mobile operators can just snap their fingers and stop undesired activity. They can't. And, to let them in on a little secret: even passing a law won't do much to help. People are going to be bullies -- and passing a law or asking the mobile phone companies to hold back the tide won't do much to stop them.

39 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
anonymous reporting, bullies, cyberbullying



Reporting Bullies Online: Helpful Or Not?

from the bullies-will-be-bullies dept

For years, there are a group of folks who regularly raise a stink about the rise of cyberbullying and how something needs to be done to "protect the children." Of course, the solutions never make very much sense. At one end, you have things like people dressing up as Spiderman and telling kids to stop bullying each other, and at the other extreme, you have people saying that there should be laws outlawing cyberbullying.

But what about relying on the same technology that enables cyberbullying to potentially be a part of the solution? The AP is running a story about a website that lets kids anonymously report bullying activities (beyond just cyberbullying) to school officials, so that they can take care of it. It's an interesting idea -- and to be honest, my first reaction on reading it was more surprise that such things hadn't existed for years. How hard is it to set up a form on a website that doesn't require logging in and identifying yourself?

However, I wonder how well it actually works in practice. Perhaps it is effective, but it's difficult to see how this actually solves the problem the article claims it solves: which is that whoever reports the bullying will be called a "snitch." In plenty of cases, I would imagine that the bully would simply blame the bullied. And, depending on the situation (i.e., depending on how scared the bully is of further retaliation), it could just get them even more riled up against their victim, naturally assuming that's who reported them. However, if it can be shown to be an effective solution to help stop bullying, then perhaps it does make sense. I certainly wouldn't condone any kind of bullying, but at some point you have to realize that there are always going to be bullies of some kind, and while any solution that can alleviate the suffering of bullied individuals sounds good, they need to be grounded in reality.

14 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
california, cyberbullying, expelled



California The Latest To Try To Outlaw Cyberbullying: Send A Mean Txt, Get Kicked Out Of School

from the seems-a-bit-extreme dept

You want to know how to basically clog up the administration of various high schools across the state of California? Pass a law that would kick kids out of school for sending a "cyberbullying" text message. Yet, that's exactly the type of bill that's been introduced in the state, as it rushes into following others in trying to make it illegal to be a jerk online. Yes, cyberbullying is an issue for the targets of such bullying. But the answer is not to create laws that try to legislate manners, nor to suggest that it's okay to kick kids out of school for sending a bullying message. All that's going to do is have overly sensitive kids complaining any time anyone sends them a mean message.

68 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bullying, canada, cyberbullying, jerks, laws, teachers



Now Canadian Teachers Want Cyberbullying To Be A Criminal Offense

from the overreact-much? dept

At some point, people need to realize that there are some people out there who just do jerkry things. In fact, at some point or another, probably most everyone is a jerk to someone else. It's no fun to be on the receiving end of someone being a jerk -- but it happens. However, in the last few years, there's been this silly focus on trying to turn online jerks into criminals. We've already highlighted such an effort underway in the US, but now a bunch of teachers in Canada are pushing to make cyberbullying a criminal offense. Yes, it's important to deal with cyberbullies, but charging them with a crime clearly goes too far.

28 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, jerks, laws



Should It Be Against The Law To Be A Jerk Online?

from the well,-it-may-become-law-soon dept

In large part due to the sad story of Megan Meier, we're suddenly seeing a rush for politicians to rush through "anti-cyberbullying" that make cyberbullying illegal. It's hard to see how such legislation will pass constitutional muster, but it seems to be more along the lines of previous legislation attempts to "protect the children" that will do little to actually protect children. Certainly, kids getting bullied is a problem -- and cyberbullying can make it that much more difficult for kids who feel that they "can't escape" as the bullying can follow them outside of school. But that doesn't mean that tossing kids in jail for taunting other kids is the answer. At some point, people need to realize that there are people out there who are going to act like jerks -- and throwing people in jail isn't going to change that, though it likely will lead to frivolous lawsuits whenever some folks get upset about something someone else said to them.

48 Comments | Leave a Comment..

 
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