Bullying Physical, verbal or psychological attacks or intimidation against a person who cannot properly defend him or herself

Bullying in Cyberspace

Michelle Gray and Brian Fischer

Bullying

Physical, verbal or psychological attacks or intimidation against a person who cannot properly defend him or herself.

Types of Bullying

Hitting

Threatening

Intimidating

Teasing & Taunting

Sexual Harassment

Spreading Rumors

Bullying Statistics

Every 7 minutes a child is bullied

280,000 students are physically attacked in schools each month

160,000 students miss school each day for the fear of being bullied

3 million children are absent from school each month for the fear of being bullied - equivalent to the entire city of Chicago skipping school

77% of students are bullied mentally, verbally and physically

43% fear harassment in the bathroom at school

Cyberbullying

When someone is tormented or harassed by another person using the internet or mobile phones. In order to be considered cyberbullying, both parties must be minors. If the harasser is found to be an adult, it is considered cyber harassment, a much more serious offense.

Cyberbullying and cyber harassment are sometimes used interchangeably, but cyberbullying generally refers to electronic harassment or bullying among minors within a school context.

Types of Cyberbullying

Flaming – an intense, angry argument carried out over instant messaging, social networks or chat rooms

Harassment – embarrassing, hurtful or terrorizing messages aimed directly at an individual or group using text message or online communication

Anonymity – any form of harassment or threats issued by an anonymous bully. The harasser may use an online alias, a blocked phone number or a borrowed cell phone to bully, making in difficult to determine their identity

Masquerading – when a cyber bully goes to great lengths to make themselves appear to be someone they are not

Outing – a public showing of personal conversations when the harasser displays chat communication that the victim intended to be kept private

Cyberbullying Statistics

42% of teenagers with technology access reported being cyber bullied over the last year

7.5 million Facebook users are under the age of 13800,000 of those kids reported being bullied(equivalent to the total population of Washington, DC)

81% of youths say bullying online is easier to get away with

90% of teens who witness online bullying say they ignore it

Cyberbullying Statistics

i-SAFE (online safety research firm)

Karen Klein

Bullying to Cyberbullying

http://video.today.msnbc.msn.com/today/47902370%2347902370

Effects of Cyberbullying

Bullied children experience anxiety, fear, withdrawal, low self-esteem, poor concentration, avoid school, have lower grades, are socially isolated and in the worst case commit suicide

4,400 bully related deaths per year

Youtube > bullied to death > 3,320 results

Cyber Bullying and the First Amendment

The Supreme Court Ruled that only four types of speech can be punishable by law: fighting words (words which by their very utterance

inflict injury or tend to incite an immediate breach of peace)

incitement, statements (directed to inciting or producing imminent lawless action” and are likely to produce such action)

obscenity true threats (statements where the speaker means to

communicate a serious expression and an intent to commit an unlawful violence)

Insulting and Annoying speech does not fall under any of these.

State Anti-Bullying Laws & Policies

Just Policies / No Laws (1): Montana.

Just Laws (8): Arizona, Illinois, Indiana, Kansas, Minnesota, North Dakota, Tennessee, and Texas.

Both Laws and Policies (41): Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

(DC Also included in both Laws and Policies, Facts Courtesy of stopbullying.gov)


Some of the main components in the laws of these states: There are “…detrimental effects bullying has on

students, including impacts on student learning, school safety, student engagement, and the school environment.”

“Any form, type, or level of bullying is unacceptable, and that every incident needs to be taken seriously by school administrators, school staff (including teachers), students, and students’ families.”


Some of the main components in the laws of these states: “The definition of bullying includes a non-exclusive list

of specific behaviors that constitute bullying, and specifies that bullying includes intentional efforts to harm one or more individuals, may be direct or indirect, is not limited to behaviors that cause physical harm, and may be verbal (including oral and written language) or non-verbal. The definition of bullying can be easily understood and interpreted by school boards, policymakers, school administrators, school staff, students, students’ families, and the community.”


Some of the main components in the laws of these states: They include a “…procedure for students,

students’ families, staff, and others to report incidents of bullying, including a process to submit such information anonymously and with protection from retaliation. The procedure identifies and provides contact information for the appropriate school personnel responsible for receiving the report and investigating the incident.”

State Cyberbullying Laws

All states, except Montana, have mandated that schools have their own policies for dealing with bullying/cyberbullying. Eight of these can intervene off-campus if it disrupts the learning environment at a school.

There are 45 States which have bullying laws that include “electronic harassment” (Alaska, Tennessee, Vermont, and Wisconsin refer to electronic forms of bullying).

Only 15 states call “cyberbullying” by name.


Alaska – Each schools policy must include “appropriate

punishments” for students, “up to and including expulsion and reporting of criminal activity to local law enforcement authorities.”

Does not have a cyberbullying law, but Alaska Statute § 11.61.120 “defines harassment as including by electronic means which threatens the physical well-being of another person.”


Arkansas – In July 2011, a law made cyberbullying a Class B Misdemeanor.

A person can be fined up to $1,000.

California – “Under existing law, bullying, including bullying committed by

means of an electronic act, as defined, is a ground on which suspension or expulsion may be based. This bill would specify that an electronic act for purposes of the act includes a post on a social network Internet Web site.”

They also “give school officials grounds to suspend a pupil or recommend a pupil for expulsion for bullying, including, but not limited to, bullying by electronic act.”


Georgia – Students found bullying third time in school year

are sent to alternative school, requires that policies against bullying be posted in all middle and high schools, requires that bullying policies be included in student and parent handbooks.


Hawaii – “If any child of school age engages in bullying or

cyberbullying, the child, and the father, mother, or legal guardian, shall be fined not more than $100 for each separate offense.”

Illinois – “The board may suspend or by regulation authorize the

superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel


Kentucky – “Communicates, while enrolled as a student in a local

school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.” Punishment is a Class B misdemeanor. Each local board of education shall be responsible for formulating a code of acceptable behavior and discipline to apply to the students in each school operated by the board. (Up to 90 days imprisonment and/or fine up to $250)


Louisiana – “Cyberbullying is the transmission of any

electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen...whoever commits the crime of cyberbullying shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.”

School board may charge fee to attend conflict resolution class/es, not to exceed $100


Louisiana (cont.) – Cyberbullying (for purposes of writing each

policy) means: harassment, intimidation, or bullying of a student on school property by another student using a computer, mobile phone, or other interactive or digital technology OR harassment, intimidation, or bullying of a student while off school property by another student using any such means when the action or actions are intended to have an effect on the student when the student is on school property.


Mississippi – House Bill 552 makes impersonating someone for

the purposes of harming, intimidating, threatening, or defrauding another person (online or off) a misdemeanor

Cyber stalking, harassment or threat - Up to $5000 Fine and/or Up to 5 Years in Prison

Cyber stalking, harassment or threat(2nd offense) - Felony, Up to $10,000 Fine and/or Up to 10 Years in Prison


Missouri – “‘Bullying’ means intimidation or harassment

that causes a reasonable student to fear for his or her physical safety or property. Bullying may consist of physical actions, including gestures, or oral, cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts.”


Missouri (cont.) – “Currently, harassment is a Class A misdemeanor.

Under this act, it is a Class A misdemeanor unless 1) committed by a person twenty-one years of age or older against a person seventeen years of age or younger; or 2) the person has previously committed the crime of harassment. In such cases, harassment is a class D felony.

Class A – Imprisonment, a term of at least six months, but not to exceed one year, fines may be involved.

Class D felony – Imprisonment, a term of years not to exceed four years, fines may be involved.


Nebraska (Proposed) – “Cyber-bullying as defined in section 79-2,137

shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, if such conduct causes or is reasonably projected to cause a substantial or material disruption of the school environment, or threatens the safety and security of students or school personnel, regardless of whether such conduct occurs or is initiated on or off of school grounds.”


New York (Proposed in 2009, never enacted) – Tried to increase penalty for some forms of

hazing from a misdemeanor to a felony. Also tried to establish a class B misdemeanor of failure to report hazing and requires instruction to discourage bullying and cyber-bullying in schools and polices for schools to be enacted.


North Carolina – Any person who violates this section shall be guilty of

cyber-bullying, which offense shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor.

Class 1 (0 to 4 prior convictions, community punishment for up to 45 days; 5 or more, up to 120 days of active, intermediate and/or community punishment. Class 2 (0 - 4 30 days community, 5+ 60 days of A/I/C punishment)


North Dakota – Harassment via phone, in writing or via electronic

communication a Class A misdemeanor.

Class A misdemeanors carry a potential sentence of up to 1 year in jail and $2,000 in fines

Rhode Island – School districts adopt policies to determine how

to deal with this bullying; repeat offenders of the policy under Rhode Island general law will go to family court.


Tennessee – A misdemeanor (up to 1 year in prison and a

$2,500 fine) for making threats made online as well as certain instances of cyberharassment.

Wisconsin – Unlawful use of computerized communication

systems; Class B misdemeanor; a fine up to $1,000, or imprisonment for up to 90 days, or both for sending electronic threats or using lewd or profane language in electronic communication.


Federal Law (Last Action, September 2009) Megan Meier Cyberbullying Prevention Act;

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.

James Murphy

In April of 2004, he was indicted for sending emails to his ex-girlfriend, Joelle Ligon of Seattle, as well as other employees for the city of Seattle.

Starting in 2002, he began sending emails to her co-workers, eventually creating the Anti Joelle Fan Club to cover himself.

This eventually lead to him sending pornographic materials to her co-workers, making them think they were sent directly from her.

After he was identified, he was sent a court order barring contact, but he violated the order, sending her an email denying that he was the person sending the emails.

James Murphy

In June of 2004, he pleaded guilty to two counts of Use of a Telecommunications Device with Intent to Annoy, Abuse, Threaten or Harass.

During the court hearing, he told the judge that what he did was "stupid, hurtful and just plain wrong. I was going though a bad patch in my life. I want to take my lumps and get on with life.”

James Murphy

After showing no remorse to the victim, and a letter from Joelle stating the judge should impose an “effective and compassionate sentence”, the judge decided that James must pay $12,297.23 to the city of Seattle for the 160 hours of work time they lost having to deal with the harassment. Also, instead of just 160 hours of community service the government wanted to sentence him to, the judge imposed 500 hours of community service as well as 5 years probation.

This case is believed to be the first federal prosecution of cyber harassment in the United States.

Hunter Moore

Dr. Drew Interview

Those featured on the site have struggled to get their photos taken down – the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice

Legal actions are still taking place today

http://www.youtube.com/watch?v=0yWMqM55nUQ

Hunter Moore

“The only think you have left – your beloved social media, that’s going away too. Your Isanyoneup twitter account is going to be shut down shortly – and I’m 100% responsible for that. You see Hunter, you’re violating the trademarks that I now have in place for Isanyoneup and IAU. You might want to go read the fine print of that contract you signed. Remember your lifetime ban from Facebook? Well that also includes any other page you try to hide behind, including your current IAU2 Community Facebook page, say goodbye to that as well,” – Bullyville Founder

2010 Teenage Suicides

Tyler Clementi, 18

Roommate Dharun Ravi web broadcasted sexual encounters between Tyler and another male without consent

Days later Tyler committed suicide, jumping off the George Washington bridge

Dharun Ravi was sentenced to 30 days in jail, 300 hours of community service and to pay $10,000 to assist bias-crime victims

Tyler was among 10 other homosexual teenage students that committed suicide in a one month period, all stemming back to cyberbullying

In Conclusion…

Bullying and Cyberbulling is wrong, but there are no ways to stop it, even with punishment. No matter what George Orwell’s 1984 envisioned, “Big Brother” taking over and reading peoples’ every action and thoughts prematurely is not going to happen. People can be punished in certain actions, but in most cases only after the humiliation of a person or the tragic loss of a life.

The only way to truly stop bullying and cyberbullying is to stand up to it.

Documents

Bullying Physical, verbal or psychological attacks or intimidation against a person who cannot properly defend him or herself