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.

Beating the CyberBully

In his post on Urban Semiotic, “Beating the CyberBully,” David Boles discusses the hate mail, anonymous and faked comments, and other tactics of cyberbullies.  He lists some cases that have finally been heard by courts with jurisdiction, including the one when a vengeful adult drove a neighboring teenager to commit suicide.  David points out that some states have adopted anti-cyberbullying laws while others don’t It’s so frustrating for parents and kids because we often feel pretty helpless, even when we can see the warning signs of cyberbullying.

I’m glad some states are finally passing laws to outlaw cyberbullying and I hope the Federal government will also.  I’m glad YouTube, MySpace and Facebook also have become part of the policing effort; good for them.  If these social networks don’t take strong action, then parents shouldn’t allow their children to use those sites; whether the kids like it or not.

It’s the only way we’ll have a chance to stop cyberbullies.  Writing and enforcing these laws will be as difficult as enforcing the libel laws we already have.  We’ll have to distinguish between an angry exchange and a pattern of on-going attacks.

The laws will make it possible to draw the line that outing and prosecuting cyberbullies is more important than the anonymity and privacy that the internet affords … and that we all like.

I don’t let my empathy, sympathy and pity of cyberbullies get in the way of doing what’s necessary to stop their behavior.  Not only put them in prison, but make it illegal for them to get on the net again.  Just like we restrict some activities of convicted felons.

I learned effective techniques to deal with bullies through growing up in New York City, by watching our six children (three girls and three boys) deal with each other and with bullies at school, and through my experience as a coach, psychotherapist and consultant.

The signs of cyberbullying

The post on the PC Pandora Blog, “The signs of cyberbullying,” refers to an article by Elizabeth Wasserman, “Warning signs: Is Your Child Having Cyber Issues?”  The original article gives a good list of some of the signs that your child might be having trouble dealing with cyber bullies.  The follow-up post refers to the PC Pandora software that will alert parents if their child is either being the victim of cyberbullying or is even a cyberbully him or herself. The signs they listed were: * Changed work habits, grades slipping, failing tests. * Losing sleep or sleeping too much. * Increased insecurity or irritability.

I would add withdrawal and lack of communication.  These warning signs are really some of the warning signs that teenagers are having problems with any issue they can’t resolve by themselves, not only cyberbullying.  They’re tip-offs that parents need to talk more with their children and find out what’s going on.

However, the solutions suggested by the experts in the article fall short in the real-world.  They all stem from the ideas that kids are experts and parents should not upset or pressure their children too much.  Instead, parents should only make what I think of as weak suggestions.

However, suggestions are nice but are usually not enough.  Most children may be more expert than their parents about technology but: 1. They don’t know what’s best for them.  I hope that as parents with much broader experience, we know a lot that our children don’t and they have already had the opportunity to see that. 2. They’re not more expert than we are about dealing with bullies.  I hope we have many ideas they haven’t thought about, even if that might mean they would have to go outside their comfort zones or we might have to intervene.

We may have to work hard to get our kids to tell us or to problem solve with us.  How many of us told our parents when we had trouble?  But that’s the universal task.  Their liking it or not is not the most important criterion.

I know parents who have even prohibited their children from wasting time on social networks like YouTube, MySpace and Facebook.  They want their children to have face to face social activities with real people they can judge face to face.  How’s that for a concept.

I also think that to put a dent in the amount of cyberbullying, we’ll need Federal laws to make it illegal and then the willingness of social networks to turn over records of cyberbullies.  Writing and enforcing these laws will be as difficult as enforcing the libel laws we already have.  We’ll have to distinguish between an angry exchange and a pattern of on-going attacks.

I learned effective techniques to deal with bullies through growing up in New York City, by watching our six children (three girls and three boys) deal with each other and with bullies at school, and through my experience as a coach, psychotherapist and consultant.