Computer Fraud And Abuse Act ( Cfaa ) And Cyberbullying Essay

dealing with cyberbullying and the internet; therefore, it must rely on Case Law from before the

‘Sticks and stones may break my bones, but words will never hurt me’ (The Christian Recorder). This is the infamous saying that many have heard since they were young. With vastly growing technology today, face to face bullying is being replaced with what is known as ‘cyberbullying’. Cyberbullying is defined as, “an aggressive intentional act carried out by a group or individual using electronic forms of contact repeatedly and over against a victim who cannot easily defend him or herself” (WebMD). It can take place using cell phones, computers, tablets, social media sites, text messaging, and/or chat rooms. Cyberbullying has become a growing awareness nationwide, prompting lawmakers to act and propose new laws making cyberbullying a

In the past, bullies were bigger children who constatntly picked on the smaller and weaker children. Bullies normally teased the children they victimized. If they got away with it, bullies also demended food and money from their victims. Sometimes, for the few unlucky ones, the bullies got physical with them. When bullyng occurred, it typically happened on school’s premises. Once the children who are being bullied got home, they were safe from the abuse. As scoiety evolve into the world of technology so has bullying. With cyberbulllying, children are never safe from the continous torture of being bullied. Yet, some states do not define cyberbullying as a form of bullying in their anti-bullying laws. Every state has a diverse definition of bullying. While some states specify physical altercation or badgering as a form of bullying, others define it as merely aggravating behavior (Maggie Clark 2). With no definite definition and no sole constitutional course of action, adults are bullie at work as well. They can only fit the crime to a punishment (Allison Ballard 3). If there is a single definition which covers all aspects of bullying, in any type of environment,, adults and children will have the protection they need.

Cyberbullying is an everyday situation for teenagers around the world. Many teenagers suffer from bullies that are treating them badly and differently than other people. Individuals should be prosecuted for statements made on social media because of the impact that it has on the victim. The cyberbully should be prosecuted because of how the victim reacts to the situation, how the bully harrasses them, and how it spreads around the internet.

  Did you know that nearly 1 in 3 teens have admitted to being a victim of cyberbullying? That’s an absurdly large number of teens! But what really is cyberbullying anyway? Well, the Cyberbullying Research Center defines it as “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices”. Congresswomen Linda Sanchez is currently sponsoring a bill that would make bullying through an electronic means a federal crime and I wholeheartedly support it! Individuals should definitely be prosecuted for statements made on social media.

The first amendment of the United States Constitution is the right of free speech. So, should people get prosecuted for cyberbullying, even though it violates the first amendment? Although cyberbullying is wrong it shouldn’t be charged as a federal crime because it is not physically hurting someone it is emotionally hurting them.

Cyberbullying is defined as, ¨...bullying that takes place using electronic technology¨ by stopbullying.gov. Recently, schools have been taking actions to punish students for what they do or say online. There have been many debates and trails to figure out whether or not schools should have the power to limit and punish students’ speech online. The Supreme Court ruled that if online speech is disruptive, schools can punish students. School districts should not have the power to limit online speech because online speech does not affect most students and teachers, is not very disruptive, and free speech is a precious right.

“...1 in 3 teens [have] admitted to being a victim of cyberbullying…” says child psychologist, Eden Foster, in reference to a survey, talked about in “The Dangers of Cyberbullying” by Brett Warke, that shows the absolute significance of cyberbullying in this day and age. Cyberbullying on social media is everywhere and it’s about time that someone took some action against it, and, in this case, taking legal action via prosecution may be the best way to go. Let it not be said that cyberbullying and bullying are different, infact, the only difference is the platform they take place on. Cyberbullying is done with the same malicious intent as face-to-face bullying is done with: the intent to hurt a victim in a psychological or physical way- showing

It is a fact that laws are struggling to keep up with the new forms of cyberbullying that are introduced with new technologies. It has only in the past decade that such issues have been addressed. For such a long time the broad spectrum of cyberbullying has been the main difficulty in defining what it is and where it fits in Australia’s criminal framework.

Some people believe that the internet is “designed for opinions, rants, and invective” (Source C). They use that excuse to justify their actions whether their comments are friendly or not. In another case, more than 50 students protest a principal’s decision to suspend a student for cyberbullying. The students that did participate in the sit-in expressed that the student accused of cyberbullying was “exerting his rights to post what he pleases” (Source B). These accounts prove that the bullies know what they are doing is wrong and are aware of the potential outcome of their words. When students are accused of cyberbullying another person, they often find an excuse for what they did; the First Amendment of the Constitution. However, if these adolescents felt as if  their comments were not wrong in any way, they would not bother to look for an excuse when being

Furthermore, prosecuting individuals for statements made on the internet would squander taxpayers’ money. As “The Dangers of Cyber bullying” noted, “Congresswoman Linda Sanchez is sponsoring the Megan Meier Cyber Bullying Prevention Act.” Although some may say that financing the court system for the prosecution of “social media bullies” is necessary, it is proven that will also waste money and time. Surely, individuals should not be penalized for statements made on the internet.

Author Danielle Keats Citron’s article “Free Speech Does Not Protect Cyber harassment” mainly addresses it as a social weapon of judgement aimed at the intended person out of hate and cruelty with disregard for the pain they cause. She suggests more parental involvement and action towards teens who engage in this as well as specific laws

If cyberbullying was added to the criminal code, then it would violate the First Amendment, which is the foundation of every other American right. "The Supreme Court has written that this freedom is the matrix, the indispensable condition of nearly every other form of freedom. Without

The Center presented the officials with a made-up scenario in which a student, using the web, threatened to inflict bodily harm on another student. On a scale of one to ten, one meaning no law enforcement role was required and ten requiring a “significant” role, the respondents rated the situation a 9.1. This was the scenario that drew the strongest approval of police intervention (Patchin). Interestingly, one of Rebecca Sedwick’s tormentors told her to die via a Facebook post (Slifer, Fla. Girls). In such a case, the Cyberbullying Research Center instructed law enforcement officials to discuss publicly the consequences of cyberbullying for education and deterrence purposes (Patchin). Obviously, talking things over cannot prevent everything, but it increases awareness in school administrators and parents. The Center also asserted officers should “discipline students for conduct outside of school if it infringes on the rights of other students or causes material disruptions to the school’s learning environment” (Patchin). Ultimately, the Center left interpretations of cyberbullying incidents and the required responses to the officers themselves. In fact, the Center more clearly defines law enforcement’s role in cyberbullying cases in its general statement found on its homepage. The document says officials should

What is cyberbullying? Cyberbullying is checking your social media only to find out someone is sending hateful message, or finding out someone made a hate account for you. It is hurtful and can cause multiple illnesses. It can make you consider suicide and much more. Cyberbullying can go so far to make a child, or teen,commit suicide , and what is the difference between killing someone or leading someone to kill themselves? There's no difference, because in the end, it is still you that's behind the death of the victim. That's why I believe people should be prosecuted for statements made in social media, to a certain extent.