Blog

For those of you who haven’t heard yet, a federal law has been proposed that defines “cyberbullying” and specifies penalties (in the form of fines and up to two years imprisonment) for violators. The bill is formally called the Megan Meier Cyberbullying Prevention Act (HR 6123), and was introduced jointly by Representatives from Missouri and California. We support the creation of well-informed and thought-out laws that are part of a comprehensive plan to address cyberbullying, and we applaud the fact that politicians are increasingly recognizing and formally responding to the problem of online aggression. However, this specific law is just not going to work. The text of the bill reads:

Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both. (§ 881)

The bill’s wording seems too broad, and its overbreadth makes me believe that it would be found unconstitutional. IANAL, but intent to cause “substantial emotional distress” through “severe” and “hostile” electronic behaviors will be difficult to prove, especially when it is online. I think courts would (and do) have an easier time identifying and agreeing upon the same behavior when demonstrated offline, in the real world.

On a final note, I like the fact that “cyberbullying” is spelled as one word in the bill.

This case involving an eighth-grader from Riviera Beach, Florida vividly illustrates a theme that Justin and I continually see when speaking with elementary and middle school students across the nation. When we ask students “How many of you know someone else’s password?” we invariably find that at least half of the hands go up. And then we discuss how friendships tend to be fickle when a child is growing up, and your “best friend” could become your “worst enemy” overnight – due to some small misunderstanding or random reason. And so we ask, “What do you think your ex-best friend is going to do with your password?” Silence usually comes over the room as the lesson seemingly sinks in. We have got to continue to let kids know that they must protect their passwords at all costs, and not think that they are immune to victimization. This will not only reduce their vulnerability to cyberbullying, but also to identity theft and a host of other forms of online harm.

It was a great honor to speak at the National Press Club yesterday. A lot of interesting questions were asked…for example, what is the role of the school nurse in cyberbullying incidents, because they are a trusted figure in whom youth are confiding…how often does cyberbullying occur as a part of dating violence…is cyberbullying simply part of a general cultural trend of social aggression to be compartmentalized like road rage, or is it so much more…. Fascinating stuff. As promised – here is a picture of me with the most recognizable face in crime-fighting, McGruff!

June is Internet Safety Month. Parents should take this opportunity to have a brief talk with their kids about what they are doing online. Ask them about any unpleasant experiences they may have had. Tell them that you have heard about “cyberbullying” and wondered if they have had any such experiences. The earlier you have these discussions, the better. It’s not always easy, but it is crucial. You can start by asking your child to show you something new on the Internet/computer/cell phone. If you don’t have a social networking profile, and your child does, ask them to help you set one up. Then you can become “friends” with your child (both digitally, and in real life!) and see all that they have on their profile page. If you got a new cell phone, ask your child to show you how to use some of the features. These are great lead-ins for a more comprehensive discussion of online safety and responsibility.

According to this article, the Manatee County School Board is allowing educators and administrators to look through the contents of students’ phones in order to find incriminating text, photo, and video content. First, IANAL and so please keep that in mind. Second, even if this occurs on school grounds, I don’t think it justifies allowing teachers to do this under the pretense of “suspicion,” even if it is “reasonable suspicion.” Third, maybe if reasonable suspicion of a crime existed, it might be more palatable. Fourth, the parents will have a field day with this. Fifth, such an invasion should only be possible by school law enforcement and possibly the principal, and not just any teacher. Sixth, most state wiretap laws (such as Florida’s) would simply not allow the interception or disclosure of electronic communications (such as a text message between two students). Anyone who “intentionally intercepts” any “electronic communication” has committed a criminal act. Many state wiretapping laws also prohibit unlawful access to stored communications (and I presume a picture or video taken by a cell phone would fall under this). A violation would then open up the school district to a civil cause of action by the student (or his/her family). So, in sum, I don’t think this will fly. It would be best if students, without the threat of educators confiscating and rifling through the contents of their phone, would simply not use it in inappropriate ways. Maybe one day….