Cyberbullies to Leavenworth?

[Michael Pinkerton]

NetFamilyNews has an interesting summary of the debate surrounding the Cyberbullying Prevention Act of 2009, a bill in Congress that "is designed to prevent cyberbullying, making it punishable by a fine and up to two years in prison," FOXNews.com reports.

The goal of punishing despicable cyberbullies is certainly a good one, but does Congress really want to make it a federal crime to be mean in e-mails, blog posts, and IMs?

To be fair, the bill would limit criminal prosecution to cyberbullies who act with the "intent to coerce, intimidate, harass, or cause substantial emotional distress," as part of "severe, repeated, and hostile behavior." The California Congresswoman who has sponsored the legislation defends the bill here.

But is this really necessary? Terrorizing, stalking, and assault are all state crimes, and victims have civil remedies against their perpetrators.

Personally, I'd rather see Congress fighting cyberbullying with education campaigns and tax breaks and incentives for online providers who hire professional moderators.

Should the AOCM take a position on this bill?


*****
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.’.

[Amy Pritchard]

Yes, AOCM should take a position.

[Antonio]

While the thought behind the idea is impressive and stands for good measures:

1: I don't think they realize how much cyber bullying/ers exist, and how, in all honesty, it's inevitable.
2: I don't believe that the harsh punishment of possible 2-year sentence is necessarily the correct way to go about dealing with cyber bullying. Education should be the first line of defense, imo.
3: They're in way over their heads. As I mentioned before, although the fact that they're noticing this is impressive, mandating a cyber bully law isn't the best, nor do I think it'll be the most efficient, way of combating/detering CB.

:)