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For those of you who didn’t see, I recently wrote a blog for Huffington Post UK to correspond with the cyberbullying event in London that I was a part of.  Here it is:

Teens have been bullying each other for generations. The latest generation, however, has been able to utilize technology to expand their reach and the extent of their harm. This phenomenon is being called cyberbullying, which we formally define as: “willful and repeated harm inflicted through the use of computers, mobile phones, and other electronic devices.” Basically, we are referring to incidents where adolescents use technology, usually computers or mobile phones, to harass, threaten, humiliate, or otherwise hassle their peers. For example, youth can send hurtful text messages to others or spread rumors using cell phones or computers. Teens have also created web pages, videos, and profiles on social networking sites making fun of others. With cell phones, youth have taken pictures in a bedroom, a bathroom, or another location where privacy is expected, and posted or distributed them online. More recently, some have recorded unauthorized videos of other kids and uploaded them for the world to see, rate, tag, and discuss.

At the Cyberbullying Research Center, we are dedicated to learning more about the nature and extent of cyberbullying so that we can equip adults and teens with resources to do something about it. Dr. Sameer Hinduja (Florida Atlantic University) and I have been exploring cyberbullying for the last 10 years, and while there is still a lot that we still don’t know, the cyberbullying picture is now starting to come into clearer focus.

To continue reading this on the HuffPost Tech Page, click here.

Many of you perhaps already saw the brief comments I wrote for the New York Times Opinion Page in the aftermath of Tyler Clementi’s tragic suicide.  They asked me to comment on the extent to which this incident was typical of many cyberbullying cases that end in suicide and whether or not criminal action against the bullies is an appropriate response.  Below are my comments for those of you who hadn’t already seen them.  I also encourage everyone to explore the other perspectives included on the “Room for Debate” page.

Cyberbullying, while similar to traditional harassment, does have a different quality — namely, humiliating rumors and vicious taunts can be viewed by millions online and they can never be removed from the Internet. Cyberbullying laws are useful to the extent that they draw attention to this problem, but it is important that laws are crafted in a way that is informed by research, not singular high profile incidents.

The vast majority of cyberbullying incidents can and should be handled informally: with parents, schools, and others working together to address the problem before it rises to the level of a violation of criminal law.

Certainly, tragic incidents like suicide, thrust cyberbullying (and traditional bullying) into the public discussion. Prosecutors are forced to shoe-horn these incidents into existing statutes, and in some cases this is not done consistently or even appropriately.

It perhaps is not surprising that those incidents that result in significant harm to the target, such as a suicide, are handled more seriously by the criminal justice system. But to some extent this is true in other areas of criminal law. If I drive home from a party after having a few too many drinks, maybe I make it home without being caught. Or maybe I get pulled over and arrested for drunk driving. Or, maybe I swerve onto the shoulder and hit a pedestrian. In all cases I was engaged in the same illegal behavior. But the harm that results will, in some cases, become an important determinant of the appropriate punishment.

Many schools are now in a difficult position of having to respond to a mandate to have a cyberbullying policy, without much guidance from the state about the circumstances under which they can (or must) respond.  When folks ask me if I think there needs to be a “cyberbullying law” I basically respond by saying “perhaps – but not the kind of law most legislators would propose.”  I would look for a law to be more “prescriptive” than “proscriptive.”  By that, I mean I would like to see specific guidance from states about *how* and *when* schools can take action in cyberbullying incidents.  Many states have taken the easy way out by simply passing laws saying effectively “schools need to deal with this.”  Not only have they stopped short in terms of providing specific instructions or even a framework from which schools can evaluate their role, but they have not provided any additional resources to address these issues.  Some states are now requiring schools to educate students and staff about cyberbullying or online safety more generally, but have provided no funding to carry out such activities.  Unfunded mandates have become cliché in education, and this is just another example.

Moreover, school administrators are in a precarious position because they see many examples in the media where schools have been sued because they took action against a student when they shouldn’t have or they failed to take action when they were supposed to.  Schools need help determining where the legal line is.

Many states already have existing criminal and civil remedies to deal with cyberbullying.  Extreme cases would fall under criminal harassment or stalking laws or a target could pursue civil action for intentional infliction of emotional distress or defamation, to name a few.  Bullying (whatever the form) that occurs at school is no doubt already subject to an existing bullying policy.  To be sure, schools should bring their bullying and harassment policies into the 21st Century by explicitly identifying cyberbullying as a proscribed behavior, but they need to move beyond the behaviors that occur on school grounds or those that utilize school-owned resources.  But in order to do this they need guidance from their state legislators and Departments of Education so that they draft a policy and procedure that will be held up in court.  School, technology, and privacy lawyers disagree about what should (or must) be in a policy.  It’s no wonder many educators are simply throwing their hands up.

We really like New Hampshire’s recently passed bullying law, even though like other efforts it demands a lot from schools without a corresponding increase in resources.  This section is key:

“Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3: … (b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.”

This puts schools, students, and parents on notice that there are instances when schools can discipline students for their off campus behavior.  It will take many years, though, before we will know if this law can be used as a model.  Schools will need to pass policies based on the law; a school will then need to discipline a bully based on the new policy; then they will need to be sued; then the case will need to be appealed.  Perhaps then the case will get to a significant enough court that it will matter.  Hang on and see how it turns out.  In the meantime, lobby your legislators to pass meaningful, prescriptive laws instead of laws that simply say “cyberbullying is wrong, now YOU do SOMETHING about it.”  It’s election time, so I’m sure your local representative will be all ears…

The Online Safety and Technical Working Group just released their comprehensive report “Youth Safety on a Living Internet” detailing the current state of knowledge, practice, and tools regarding safeguarding our youth while they explore technology.  The Report focused primarily on identifying industry efforts to promote online safety through education, technology, content, and other measures.  In short, the Report recognized some promising approaches but acknowledged there is much more work to be done.

As the title suggests, the Internet is constantly changing.  This creates particular challenges for adults who are simply trying to keep up.  No matter how the Internet (and technology more broadly) changes, we as adults must also adapt so that we can teach our children the practical rules of the digital road.  And this Report gives us some guidance with respect to how we should proceed.  For example, the authors note: “In focusing so much on blocking new media from school as a protection, schools are failing to do with today’s media what they have long done for students with traditional media – enrich and guide their use” (page 3).  This is an issue many educators are struggling with.  They see the value in technology and can see great potential for its use as a pedagogical tool in and outside of the classroom but are disinclined to risk their job or reputation for the possible negative repercussions.  It’s simply easier to ban technology from the classroom and prohibit teachers from interacting with students online than to develop comprehensive policies and practices to manage its utilization.  Frankly I don’t blame them for being gun-shy about this.  Unfortunately this approach is stunting our ability to move education forward.   One of the many important recommendations from the Subcommittee on Internet Safety Education on page 7 was to “Encourage full, safe use of digital media in schools’ regular instruction and professional development in their use as a high priority for educators nationwide.”

Another important insight identified in the report is that it will take a multi-disciplinary and varied effort to accomplish our goal of educating teens about online safety and responsibility.  Indeed, the Working Group was comprised of folks from across the spectrum (industry, academia, government, the media, and elsewhere).  Moreover, the group was quick to acknowledge that there is no magic pill or piece of software or school curriculum that by itself will appease our concerns or fully protect our kids while online. “There’s no one-size-fits-all, once-and-for-all solution to providing children with every aspect of online child safety. Rather, it takes a comprehensive ‘toolbox’ from which parents, educators, and other safety providers can choose tools appropriate to children’s developmental stages and life circumstances, as they grow” (page 5).  Our children, like the technology they use, are constantly changing and as parents and those who regularly work with youth, we have a responsibility to evolve with both.

Over the next couple of weeks, Sameer and I will continue to break down the Report and discuss specific issues that are relevant to our efforts at the Cyberbullying Research Center.  We certainly encourage everyone to read the complete report because if you follow this blog, you are not only likely interested in its analysis, recommendations, and conclusions, but are no doubt an important part of the solution moving forward.  As the authors point out, a summary report like this is only a first step.  What is done with the report will be the real test of its significance.  Take a moment to recognize the role you play, as a teacher, administrator, law enforcement officer, researcher, parent, teen, or any of the other numerous pieces of this important puzzle.  What can you do today that will help youth be safer online tomorrow?

I have been talking a lot lately about online reputation with teens.  I think it is important for youth to recognize that anything they put online and anything they do offline that gets posted online, could end up being immortalized on the World Wide Web.  I advise students to start thinking about their online reputation at an early age – the earlier the better.  I begin this discussion by asking them if they have ever ‘Googled’ themselves and ask them to think about what came.  Is it anything good?  How about something embarrassing or even inappropriate?  I tell them that without a doubt others are exploring the Internet for information.  Friends, adults in their lives, and future employers, among others, will search for them online and judge them and base decisions about jobs or other opportunities based on what they find out.  In fact, a recent study sponsored by Microsoft found that 79% of recruiters and human resources managers review information about potential employees that is available online, and 70% said they disqualified applicants due to what they found.

I suggest that teens (and adults for that matter) work extra hard to do great things at school and in the community (e.g., making the honor roll, volunteering, extra-curricular activities, etc) so that when one does search for them, they find evidence of hard work, integrity, and civic-mindedness.  This is especially important if a teen does make a mistake and posts something inappropriate online – they want to bury the bad with good things.  This can also be useful if someone is cyberbullying or harassing students by posting rumors or hurtful comments about them in a way that might show up in a search.  In fact it is difficult if not impossible to completely prevent someone from smearing you electronically – the best approach is to create an online reputation that emphasizes the positives and minimizes any of the negatives.   What have you done lately that might be found online that others might judge you on?