Stop Cyber Bullies: Vague Cyber bullying Laws Aren’t Effective

According to an editorial in the New York Times, “Vague Cyberbullying Law,” “Lori Drew acted grotesquely if, as prosecutors charged, she went online and bullied her daughter’s classmate, a 13-year-old girl who ended up committing suicide.  A federal court was right, however, to throw out her misdemeanor convictions recently.  The crimes she was found guilty of, essentially violating the MySpace Web site’s rules, are too vague to be constitutional.” Whether or not we’d agree with the constitutional interpretation of the US District Court judge, I think the ruling illustrates clearly why we need clear, specific laws to stop cyber bullies.

Freedom of speech is not the issue.  We abridge freedom of speech in many ways because, in some situations, there are values more important than freedom of speech.  That’s why we prohibit yelling “fire” in crowded public places and why we have laws against libel and slander.  Difficulties in enforcing some laws like libel and slander are no reason not to have such laws.  We recognize that such difficulties mean that there are a lot of gray areas in human behavior in these areas.  Therefore, we expect human judgment to be required in these difficult areas.  But if we didn’t have laws, we’d never be able to respond to cases that are clear.

Angry, vindictive and relentless bullies will continue to abuse their targets by whatever means they can.  If we avoid the difficulties in trying to stop cyber bullying, if we say that we can’t distinguish between lying about our age, weight or physical appearance online, and plotting to cause emotional distress or persecuting someone or spreading malicious, false gossip and rumors online, we only encourage cyber bullying – especially if it can be done anonymously.

Therefore, we need laws that are as specific and clear as we can write them, as well as human judgment in enforcing them.  I’d rather have the option to effectively prosecute people like Lori Drew than to be unable to because there are no clear and specific laws.

Because internet use is nationwide, we need the laws to be Federal laws.

On the other side of the equation, we hope we’ll be able to raise our children to be more sturdy than Megan Meier was.  We hope we’ll recognize the signs that our children are targets of cyber bullies.  But we’ll never succeed in raising all our children to be mentally and emotionally strong enough to resist all pressures and stress.  Not all children will develop the self-esteem and self-confidence to thrive in the real world.  Negative input and negative self-talk will always be a problem.  But in many cases, strong Federal laws will help protect people, especially teenagers.  Cyber safety for as many people as possible takes precedence over freedom of speech.

Lori Drew Acquitted by Judge in Cyber Bullying Suicide Case

On July 2, a federal judge overturned guilty verdicts rendered by the jury against Lori Drew, 50, who was accused of participating in a cyber bullying scheme against 13-year-old Megan Meier, who later committed suicide. This case demonstrates why we need federal laws to stop cyber bullying, harassment and abuse.

The facts in the case were agreed upon even by Drew.  She set-up a MySpace account under an assumed name, “Josh Evans,” that was used by her daughter and an employee to harass, bully and abuse 13-year-old Megan Meier.  It is not clear what other actions Drew took to use or promote the use of the site.  After many attacks on Megan, the fake identity eventually encouraged her to commit suicide.  The three perpetrators would not admit who sent that message.

While that sounds straightforward and obviously wrong, and most people react with outrage, there are no Federal laws to prevent such attacks.  Since there are no laws making the cyber bullying, harassment and abusive actions of Lori Drew, her daughter and her employee a felony, prosecutors had to bring weak charges based on unauthorized computer access under the Computer Fraud and Abuse Act.

Despite difficulties in stretching the application of these laws to cover the cyber bullying, a jury found Lori Drew guilty of three misdemeanor counts in the case.  However, the judge overturned the jury and acquitted Drew of the charges.  Some of the arguments for the defense were: * The three bullies didn’t know the terms of agreement for setting up their MySpace account because they hadn’t read the MySpace contract they agreed to. * Stretching the laws to cover their actions could set dangerous legal precedents.

Even though we can follow the legal arguments, the sense of outrage still remains.

This situation makes an obvious case for the need for strong Federal anti-cyber bullying laws. If there were clear laws and stiff penalties against, for example, using sites to defame, embarrass, harm, abuse, threaten, slander or harass third parties the case against the three people would have been different.  In addition, we must not offer people anonymity or secret identities to attack other people online.

Of course these laws would infringe on free speech and some people’s desires to create secret identities online.  Which is more important, protecting adults and children against anonymous attacks or free speech?

In the case of the suicide of Megan Meier, had Lori Drew’s daughter accosted Megan in person, laying forth whatever complaints she had, saying whatever vindictive and nasty things she wanted to say, the situation would have been very different.  Megan would have been able to face her accuser.  She would have known her accuser’s personal agenda.  She could have argued or ignored the attacks.  But online attacks through a false identity are a very different matter.

Of course lawyers debate legal precedents.  But we all know the protection we’d want against anonymous people who put signs or graffiti on our homes or burn crosses on our lawns.  We clearly see the need to regulate these actions, even if they aren’t direct attacks with a deadly weapon.  Cyber bullying, harassment and abuse require the same regulation.

Lori Drew and her attorney are trying to drum up sympathy for her.  They say that she’s had to pay legal fees and move from Missouri due to the publicity and anger her family has faced.  They may not have envisioned the final consequences of their hoax, but once we go down the pathway of harassment, bullying and abuse, we can’t control the results.

As parents, this case also should make us question our children’s use of social networking sites like MySpace.  I always recommend drawing firm lines that encourage face-to-face friends and prohibit virtual friends, who, by definition, aren’t real friends.

Federal Anti-Cyber Bullying Laws Needed to Stop Harassment, Bullying and Abuse

According to the Wall Street Journal article, “CyberBullying Report Opposes Regulation,” a recent report on cyberbullying suggests that, unlike other Internet scares, this one is well-founded, but it questions some of the regulatory efforts that are gathering steam.  “The report, by the Progress & Freedom Foundation, a right-leaning Washington think tank that focuses on technology public policy, says that data from child-safety researchers” indicate that much of the furor is overblown. I disagree strongly: The furor is not overblown and we do need Federal laws to stop cyber bullying, harassment and abuse.

The right-leaning think tank’s objections to new anti-cyber bullying laws are that:

• Worries over online predators are overblown because one study of arrests from 2000 to 2006 showed that most of the offenders approached undercover investigators, not kids.  I’m glad the offenders approached undercover investigators.  But that’s no reason not to have laws.  Between 2006 and now, offenders have gotten smarter.  And, of course we want laws so we can protect the kids who are approached.
• They estimate that threats due to peer-to-peer bullying are more serious than those due to cyber bullying.  Even if that’s true, that’s no reason to abandon kids who are targets of cyber bullying, harassment and abuse.  As shown by the case of Lori Drew, without Federal laws, cyber bullies can’t be prosecuted effectively.  The Judge acquitted this adult even though she set up the MySpace site that was used to harass and abuse teenager Megan Meier until she committed suicide.
• Laws pose “thorny issues” that are entwined with free speech.  Again, that’s no reason not to enter the thicket.  That simply lets us know that the laws will have gray areas and both the law and the interpretations will be continuously evolving as hardened criminals find loopholes.  Laws encourage angry, potentially vindictive people to think twice before doing anything impulsive and rash.
• Laws would make statements that defame, embarrass, harm, abuse, threaten, slander or harass third parties illegal online, even though such statements would be allowed if said on a playground.  That’s not a problem; that’s an obvious benefit.  That acknowledges the truism that statements made in a local context or face-to face usually have very different consequences than hostility put out to the whole world on the internet, especially if the statements are anonymous or made through the safety of false identities.
• We can solve the problem best through better education.  Nonsense.  Of course, education and vigorous stop-bullies programs are very helpful, but they’re not enough.  Education alone does not yield the most benefits.  Education, anti-bullying programs and enforced laws all together yield the most benefits.
• Teaching people to behave civilly online is no different than teaching children to use proper table manners, to cover their mouths when they sneeze or to say, “thank you.”  That’s also nonsense.  If an adult is a slob at home, no one else is harmed.  If someone gets drunk and disruptive at a restaurant, a movie theater or a ball game, they can be asked to leave or ejected or arrested.  The harm caused by eating with the wrong fork or not saying “please” or “thank you” is minor compared to the harm that can be caused by cyber bullying, harassment or abuse.  Ask the families of Megan Meier or Jessica Logan, both of whom committed suicide after they were made the targets of cyber bullying.  Ask the families of the thousands we don’t hear about them in the media.  They suffer, helpless to stop their abusers, but valiantly and quietly to struggle through life.

Online attacks are becoming an epidemic.  Some sites even specialize as forums for anonymous bashing and attacks.

Laws are made to state the standards to which we aspire and to diminish people’s ability to harm others as much as possible.  Laws may be imperfect and enforcement may be difficult and spotty, but that’s better than nothing.  I’d rather have anti-bullying laws that protect kids 90% of the time and have difficulties 10% of the time, than have no laws to stop cyber bullying and leave kids vulnerable 100% of the time.

Our laws and even our system of checks and balances are founded on our understanding that no matter how much education people have, they will often seek power and revenge.  They won’t always be good and sweet and kind.  If given the chance, people will be mean, nasty and vicious to others, especially if they can act anonymously or the target can’t fight back effectively.

We must rise to the challenge posed by new technology and keep evolving laws and enforcing them the best we can.  We must stop cyber bullying.

School Anti-Bullying Laws: Arkansas Needs to Protect Kids

Why do we need federal laws to make bullying a crime and to require schools to have anti-bullying policies? The saga of Billy Wolfe should be enough to convince you.  Over a year ago, the New York Times reported that Billy was being bullied relentlessly by two bigger guys from his high school in Fayetteville, Arkansas.  He was beaten up in a bathroom at school and on the school bus and in shop class and in Spanish class.  The bullies put up a Facebook page harassing him.  A brother of one of the bullies even recorded on his cell phone camera, the bully getting out of a car, walking up to an unsuspecting Billy, who was waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school.

The authorities did nothing while the violence and brutality went on for three years.  Billy’s parents tried to get the bully’s parents and the school authorities to stop the bullying but the assistant principal, Byron Lynn Zeigler, did nothing to stop it.

Oh, he said it was Billy’s fault and immediately suspended him.  He blamed the victim.  Days later Ziegler watched the recording and showed Billy’s parents that their son was innocent.  But he didn’t stop the bullies.

Billy’s parents finally went to court.  After almost a year, the court has ruled on whether to keep considering the motions on behalf of Billy.

Why do Billy and his parents need laws?   Why do we need to require schools to have anti-bullying policies?

According to the story by Scott F. Davis in the Northwest Arkansas Times, although the court kept intact many of the charges, it ruled that the plaintiffs (Billy and his parents) failed to show that the school had an official policy that led to the alleged problems surrounding bullying.

Let’s put that in simple English.  Assistant principal Ziegler argued that since the school didn’t have an official policy supporting bullying, it wasn’t the school’s fault that bullying occurred on school premises and they can’t be held liable for the bullying.  Also, since the school didn’t have official anti-bullying policies, Ziegler didn’t have to stop the bullying; even that part of the bullying that occurred on school grounds.  The court agreed.

Because there are no laws specifically about bullying and beating kids up, Billy’s parents had to try to use laws that are on the books against sexual harassment.

Now do you understand the need for laws that would require administrators to take proactive measures to prevent bullying on school grounds and also laws that would require administrators to stop bullying that’s brought to their attention?

The teenagers at school all knew what was going on.  They saw the cell phone video.  They knew that the legitimate authorities had turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scapegoating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against two bigger kids.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the school, way back at the beginning when it was only threats, the district wouldn’t act.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.

Of course, the bullies’ parents are to blame for allowing their sons to act that way.  But when schools tolerate bullying, the real problems are the administrators (principals and assistants) and teachers.

Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country which don’t tolerate bullying because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And the successful ones have no better statutes to back them.  However, they do have consciences.

Whatever the court decides on the basis of law; shame on those adults.  They have shamed themselves and their community.  They are definitely not models who should be allowed to teach or administer for children.

On an individual basis, parents must teach children how to face the real world in which they’ll meet bullies all their lives, even if the children are small and outnumbered.  That’s independent of the type of bullying – cyber bullying, physical bullying or verbal harassment or abuse.  Help your children get out of their previous comfort zones and stop bullies.

True bullies will take empathy, kindness and tolerance as weakness.  They’ll think we’re easy prey.  It will encourage them, like sharks, to attack us more.  Bullies will show you how far you need to go to stop them.

Read “Parenting Bully-Proof Kids.”  Get coaching to design tactics that fit your specific situation.  Take charge of your personal space.