Cyberbullying Conviction Megan Meier Cyber bullying Prevention Act
From Baruchnewmedia
Are the words we use through social networking websites or blogs so powerful that it can change a person life around forever?
Contents |
Introduction
*What is cyber bullying?'
The National Crime Prevention Council's definition of cyber-bullying is "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person."
*Megan Meier: Myspace Suicide Case Lead to Legislation
Megan Meier’s Story http://www.youtube.com/watch?v=HFsfDLCkfQU
Missouri town passed a law to prevent cyberbulling in response to the suicide of 13 year old school girl. Making cyberbullying a crime, it is now a misdemeanor, punishable by a fine of up to $500 and 90 days in jail, to harass someone over the internet. Harassment is defined under the law as causing a reasonable person to suffer “substantial emotional distress.” It also covers communincate by adult to a child under the age of 18 that would cause a reasonable parent to fear for the child’s well being. The law applies to many difference types of electronic communications including email, instant messaging revlevant products or services, and texting between mobile phone.
Following the tragic suicide of Megan Meier, many states enacted laws to specially deal with cyberbullying after Meier was stalked and harassed by Lori Drew and her daughter through MySpace.
*Megan Meier Cyber bullying Prevention Act
Megan Meier Cyberbullying Prevention Act (Introduced in House)
HR 1966 IH
111th CONGRESS 1st Session H. R. 1966
To amend title 18, United States Code, with respect to cyberbullying.
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Ms. LINDA T. SANCHEZ of California (for herself, Ms. KAPTUR, Mr. YARMUTH, Ms. ROYBAL-ALLARD, Mrs. CAPPS, Mr. BISHOP of New York, Mr. BRALEY of Iowa, Mr. GRIJALVA, Mr. HARE, Mr. HIGGINS, Mr. CLAY, Mr. SARBANES, Mr. DAVIS of Illinois, Mr. COURTNEY, and Mr. KIRK) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, with respect to cyberbullying.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the `Megan Meier Cyberbullying Prevention Act'.
SEC. 2. FINDINGS. Congress finds the following:
(1) Four out of five of United States children aged 2 to 17 live in a home where either they or their parents access the Internet.
(2) Youth who create Internet content and use social networking sites are more likely to be targets of cyberbullying.
(3) Electronic communications provide anonymity to the perpetrator and the potential for widespread public distribution, potentially making them severely dangerous and cruel to youth.
(4) Online victimizations are associated with emotional distress and other psychological problems, including depression.
(5) Cyberbullying can cause psychological harm, including depression; negatively impact academic performance, safety, and the well-being of children in school; force children to change schools; and in some cases lead to extreme violent behavior, including murder and suicide.
(6) Sixty percent of mental health professionals who responded to the Survey of Internet Mental Health Issues report having treated at least one patient with a problematic Internet experience in the previous five years; 54 percent of these clients were 18 years of age or younger.
SEC. 3. CYBERBULLYING.
(a) In General- Chapter 41 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 881. Cyberbullying
`(a) 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.
`(b) As used in this section-- `(1) the term `communication' means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received; and `(2) the term `electronic means' means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding at the end the following new item: `881. Cyberbullying.'.
Multiple Perspectives
Economic
- If bill is passed will cost website and companies money to enforce this law.
Example 1) In the court case of Megan Meier against Lori Drew, her actions were in violation of the Myspace's terms of service, "requires registrants, among other things, to provide factual information about themselves and to refrain from soliciting personal information from minors and using information obtained from Myspace to harass or harm other people. However, Lori Drew never read the terms of service. How can Myspace ensure that users read the term if service? Did Myspace provide sufficient notice to members not to hold them reponsible? Those questions are raised now without the bill. Imagine if this bill is passed what will website owners like Myspace have to do to protect themselves.
Example 2)Missouri Woman First Arrested under Megan Meier Laws Elizabeth Thrasher, a Missiouri woman, was arrested and charged with felony cyberbullying. This 40 year old woman through Craiglists was harassing a teenage girl, a girlfriend of her x-husband.
Example 3) Teen Jailed for Cyberbullying in Britain Keeley Houghton, 18 of Malvern, Worcestshire, England, has been sentenced to three months in a juvenile detention center for posting death threats against another teen, Emily Moore, on her Facebook page.
- New market will open to help website, companies and society with Cyberbullying or if bill is passed.
Example) The following is some tips and information on this issue from Dr. Sameer Hinduja, co-founder of Cyberbullying Research Center and new book from the center Bullying Beyond the Schoolyard: Preventing and Responding to Cyberbullying.
- Purpose of this center is to create and implement specific data-informed strategies that will actually bear fruit in reducing onlinge aggression. - The role of the government, either at a state or federal level, in regulating and stopping cyberbullying is not wise because it will unnecessarily bring certain youth into the criminal justice system who should not be there and because laws do not tend to have much of a deterrent effect on certain misbehaviors (such as online harrassment). - Parents should absolutely be concerned about cyberbullying because it affects a sizable percentage of youth.
- The best tactic parents can take when their child is cyberbullied is to convey unconditional support not immediately deny access to instant messaging, e-mail, social networking Websites, or the internet in general.
- Parents should find ways to improve the situation, if necessary they should explain the importance of scheduling a meeting with school administrators (or teacher they trust).
- Parents of child that is a cyberbully, may revoke their access to internet or cell phone use for a period of time or temporarily revoke other privileges. If problem is serious may want to consider installing tracking or filtering software. It is important to pay even greater attention to the Internet and cell phone activities of their children to make sure that they have internalized the lesson and are acting in appropriate and responsible ways.
- Parents can watch for signs if child has been cyberbullied if child may suddenly stop using the computer or refuses when asked to do something online especially if uses on a daily basis. If child appears nervous when a new email or instant message arrives or seems angry, upset or depressed.
Technological
- Will change the way every person writes to another via the internet
Right now the Interent is used as a method of expressing freedom of speech. However, if bill is passed than there be no freedom of speech. Because any words used in electronic form (bloggers, instant messaging, email, etc...) to cause substantial emotional distress to a person, will be considered a felon.
Per ICANN, the orangization that oversees that administration of the Internet, indicated that this bill will never pass due to First Amendment of the US Constitution. The bill goes away beyond cyberbullying and comes close to making if a federal offense to log onto the internet or use the telephone.
Moral
- It is not right to create a false person through the use networking websites with intention to hurt by spreading rumor or harassing.
- But it is also not right to pass a bill that will take away our freedom of speech, the whole purpose of the internet.
Educational
- Legislation allocates funds and provides resources for extensive formal and informal education so that youth can learn what to do and what not to do while interacting in cyberspace.
- Education will produce the sea change we need in the way that youth participate in, Internet-baed communications.
Analysis - Positive & Negative Effects on Society
Positive
- Law that can be applied to this action
- Prevention & Intervention Strategies
- Internet Safety
- Tighter Parental monitoring
Negative
- Will suppress web writer from expressing themselves freely
- Social Networking websites will have to enforce their policies by this law
- Censoring speech
Conclusion
It seems that as communication grows stronger through technology our virtual actions has a powerful effect as a physical human action.
