States' anti-sexting legislation

Right now in Illinois, a teen who takes and sends a nude self-portrait on a cellphone can "be charged with production and/or manufacturing of child pornography," resulting in "mandatory sex offender registration," Suburban Chicago News reports. So State Rep. Darlene Senger has filed legislation that would keep a sexting case involving a minor out of court. Representative Senger told the News that the aim is accountability appropriate to the age and intent of the sexter (assuming it was neither malicious nor criminal) - e.g., "community service, writing term papers, apology letters, curfew regulations and allowing parents to install software on their cell phones to closely monitor their child." Here's the view from Illinois teens in the Naperville Sun. In Colorado, the CBS4 News headline is "'Sexting' Now The Same As Internet Luring In Colo.", because Colorado is adding cellphones to its child-sexual-exploitation law, but I think CBS4 didn't understand the legislation authors' intent simply to add phone-based photo-sharing to the Web-based variety. Meanwhile, anti-sexting ed is in the works for Colorado youth. Jefferson County District Attorney Scott Storey's office (in the Denver area) is working to develop a "6-to-9-month program that children will have to go through that educates them about boundaries if they're caught sexting." Brochures for school distribution are also in the works. [Vermont recently passed a law that decriminalizes sexting by minors (see "Sexting legislative update" for more).]

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."

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.