Felony online harassment: TX teen charged

A 16-year-old girl has been charged under a new Texas law that criminalizes online harassment. The law, H.B. 2003, states that "a person commits a third-degree felony if the person posts one or more messages on a social networking site [or via instant messaging or text-messaging by phone] with the intent to harm, defraud, intimidate or threaten another person," KHOU-TV in Houston reports. Not much detail was available on the case KHOU added, but police said that "the harassment went on for a few months and involved a dispute over a boy."

Lori Drew acquitted in cyberbullying case

In a second ruling in the Megan Meier cyberbullying case, a federal judge yesterday threw out Lori Drew's three misdemeanor convictions of late last year, the Wired "Threat Level" blog reports. "The case against Drew hinged on the government’s novel argument that violating MySpace’s terms of service was the legal equivalent of computer hacking." US District Judge George Wu, who is expected to issue his written opinion early next week, told Wired that the prosecutors were basing their arguments on the premise that it's up to a Web site operator "to determine what is a crime.... And therefore it criminalizes what would be a breach of contract," the judge said, referring to a site's Terms of Service. What Judge Wu's ruling did not concern was testimony in the case last year which "showed that nobody involved in the hoax [against Megan Meier] actually read the terms of service." In that testimony, Ashley Grills, who was also involved in the hoax against Megan Meier and was testifying under a grant of immunity, "also said that the hoax was her idea, not Drew’s, and that it was Grills who created the Josh Evans profile, and later sent the cruel message that tipped the emotionally vulnerable 13-year-old girl into her final, tragic act." This latest ruling was about the prosecution's application of the law to cyberbullying, and a commentary from the Progress & Freedom Foundation in Washington zooms in on that, saying that one problem with the discussion of this case (leading to confused lawmaking) has been conflation of cyberbullying (which the PFF calls "kid-on-kid" online abuse), general online harassment (involving people of all ages), and adult-on-kid online harassment (as in the Meier case). Here's the Los Angeles Times's coverage of this week's news and my coverage last December.

Debating cyberbullying legislation

It's called the Cyberbullying Prevention Act of 2009, but some are calling it the "Censorship Act of 2009." The bill, introduced in the House of Representatives by Rep. Linda Sanchez (D-CA), "is designed to prevent cyberbullying, making it punishable by a fine and up to two years in prison," FOXNews.com reports. One critic of the bill, UCLA law Prof. Eugene Volokh, said that - if the law were passed - he could go to jail for what he's blogged about the law! And my co-director at ConnectSafely, Larry Magid, told Fox News that "you can't legislate against meanness." MSNBC columnist Helen A.S. Popkin suggests that, with laws like this, legislators seem to be clear on principles but not on where the Internet comes in, as a reflection of humanity good and bad. "You know how shutting down the 'erotic services' section on Craigslist won't stop sex workers, or eliminate their higher probability of becoming crime victims by the marginalized nature of the trade? Similarly, outlawing meanness on the Internet won’t prevent hectors from preying on the weak on the Internet or turn jerks into saints in any aspect of their lives." And here's what really resonates with me: "Unfortunately, sensation rallies a mob more efficiently than adequate research and dissemination of critical information: how to recognize dangerous behavior, mental illness and suicide risk in teenagers, no matter the stressor," Popkin writes. Representative Sanchez defended her bill in the Huffington Post.

Deal with cyberbullying in laws?

It's a perfectly normal reaction to the cases of cyberbullying that make it into the news: "there oughta be a law!" But when you read about thoughtful debates on the subject such as the one at the Paley Center for Media in New York this week (see this Wall Street Journal blog), you begin to wonder what new legislation based on the most extreme cases would accomplish - especially since MySpace and Facebook, for example, provide the identities of cyberbullies to law enforcement when they get subpoenas to do so (without a subpoena, they're required by federal law to protect users' privacy). Protecting users' privacy and free speech while at the same time protecting them from libel, defamation, and physical harm is complicated, these debates show. Advocates of new legislation argue that "Internet providers ask for something beyond what other outlets, such as newspapers and magazines, ask, since they are liable for what they publish," according to a debater cited in the Journal blog. But that is the argument of those who doesn't understand the difference between social-media companies and mass-media publishing. Though no analogy's perfect, a slightly better comparison is social-network sites and phone companies. People are libelous on the phone, but the phone company isn't held responsible. In other words, the source of the libel is the person being mean, not the environment. Another lawyer cited by the Journal blogger said that "the Yahoos and Craigslists of the world are serving a different function, serving as community hubs rather than sources themselves." What complicates this, of course, is that - in social media - the libelous person's statement can be seen by others. This hybrid of the phone-company and publishing-company models is keeping legal scholars and legislators on their toes! So we will all stay tuned. [For some of the most thoughtful coverage of cyberbullying litigation and law, see Kim Zetter's "Threat Level" blog at Wired.]

More and more state cyberbullying laws

At least 13 US states have passed laws requiring school districts to develop policies on cyberbullying, the Washington Post reports, and "a handful of other states" are considering the same. Arkansas, Delaware, Idaho, Iowa, Michigan, Minnesota, Nebraska, New Jersey, Oklahoma, Oregon, South Carolina, and Washington are among those with laws already in place, and California just joined them at the turn of the year, San Francisco's KCBS radio reported. Developing cyberbullying policy is not easy for schools because of the need to balance students' protection with their free-speech rights. Such policymaking becomes a problem, civil liberties advocates say, when schools "try to control what students say outside of school," the Post reports. Where they can step in, courts have said, is when what students post off-campus disrupts the learning process at school or causes peers to avoid going to school out of fear. "John Halligan, whose son Ryan took his life in Essex Junction, Vt., after many years of bullying, some online, applauded the national movement to enact cyber-bullying laws. But, he said, laws alone cannot stop the problem," according to the Post. See also "Cyberbullying better defined," "Teaching students to help stop cyberbullying," and "Anti-cyberbullying teachable moment."

EU to tackle cyberbullying, grooming

Interesting that they're being lumped together: The European Union is moving its Safer Internet program will be training the spotlight on "cyberbullying and cybergrooming," German tech-news site Heise reports, the former being about peer-to-peer behavior and the latter about adult-to-child aggression. So far only two EU countries have enacted legislation dealing with these forms of aggression. Maybe the program puts them together more as behavioral issues as distinguished from inappropriate content. Heise reports that 34% of the Safer Internet program's €55 million 2009-'13 budget (about $69 million US) will be allocated to "illegal and harmful content."

CA's cyberbullying legislation

A California law that's "close to passing" would spell suspension or expulsion for students who bully online or on phones, according to an article in the San Francisco Chronicle. "The measure by Assemblyman Ted Lieu, a Democrat from Torrance, passed the Senate Monday on a 21-11 vote. It goes back to the Assembly for consideration of Senate amendments and will be sent to Gov. Arnold Schwarzenegger if passed." The page in the Chronicle links to the full text of the legislation.