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Should cyber bullies be prosecuted?

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Michell Salinas

on 20 September 2012

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Transcript of Should cyber bullies be prosecuted?

( YES) Should Cyber Bullies Be Prosecuted? What is Cyber Bullying? Cyber bullying is bullying through email, instant messaging (IMing), chat room exchanges, Web site posts, or digital messages or images sent to a cellular phone or personal digital assistant (PDA) (Kowalski et al. 2008) ("What is Cyber Bullying?"). Cyber bullying, like traditional bullying, involves an imbalance of power, aggression, and a negative action that is often repeated ("What is Cyber Bullying?") 3 reasons according to a case on the debate.org (AFF):

.Result in suicide
.Should be considered a hate crime (form of harassment)
.Personal privacy. Thesis: Cyber Bullies should be prosecuted Case of a CRIMINAL First, suicide is the fourth leading cause of death of teens in the US ("AFF case cyber bullying should be a criminal offense") . Bullying is the number one cause of suicide in teens in the United States ("AFF case cyber bullying should be a criminal offense") Bullying is the same whether using harmful words online or spoken in person ("AFF case cyber bullying should be a criminal offense") Thousands of teenagers commit suicide each year ("AFF case cyber bullying should be a criminal offense") .
For Instance:
Phobe Prince was cyber bullied by nine teens that constantly harassed her by writing derogatory remarks and posting degrading photos of her on the internet ("AFF case cyber bullying should be a criminal offense") . It escalated to the point where the teens confronted Phoebe in person and physically abused her and raped her ("AFF case cyber bullying should be a criminal offense") .Phoebe's parents knew that this harassment on line was happening and they tried to help by talking to the school, yet the teens did not stop harassing Phoebe ("AFF case cyber bullying should be a criminal offense"). On January 14th, 2010, Phoebe hung herself in her room. If there was a law against harassment like "Cyber Bulling", then those in authority could act before the harassment escalates to physical abuse and rape ("AFF case cyber bullying should be a criminal offense"). Phoebe's life could have been saved if this had been stopped at cyber bullying ("AFF case cyber bullying should be a criminal offense"). Should cyber bullying be considered a hate crime? Second, cyber bullying should be considered a hate crime. Hate crime, as described by the US Legal Department web site, is "one that involves threats, harassment, or physical harm, and is motivated by prejudice against someone's race, color, religion, national origin, ethnicity, sex, or physical or mental disability“ ("AFF case cyber bullying should be a criminal offense") . When someone cyber bullies they don't target any random person for no reason, they bully someone because of hate or have prejudice towards them ("AFF case cyber bullying should be a criminal offense").
Harassment, as described by US Legal Department, is the act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands ("AFF case cyber bullying should be a criminal offense"). They can just hate the person, their race, their religion, or anything else! Females are more likely to be cyber bullied then males are, according to the research done by the "Cyber Bulling Research Organization ("AFF case cyber bullying should be a criminal offense"). There are laws against hate crimes of which you can be put in jail for up to 15 years for committing the crime ("AFF case cyber bullying should be a criminal offense"). Cyber bullies are harassing because of prejudice and hate; therefore, they should be getting the same consequence as any others who commit hate crimes ("AFF case cyber bullying should be a criminal offense"). Is cyber bulling considered a harassment by invading someone's personal privacy? Third, cyber bullying is harassment by invading someone's personal privacy ("AFF case cyber bullying should be a criminal offense") . When someone posts or sends degrading pictures or comments of someone, they are invading that person's personal privacy and is against the law ("AFF case cyber bullying should be a criminal offense"). Personal privacy is protected in the Declaration of Human rights, the international covenant on Civil and political rights ("AFF case cyber bullying should be a criminal offense"). Personal Privacy, is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively ("AFF case cyber bullying should be a criminal offense"). Bullying online is in fact harassment, because it is unwanted by the victim and can be threatening towards the victim ("AFF case cyber bullying should be a criminal offense"). In conclusion cyber bullying is very real and very harmful ("AFF case cyber bullying should be a criminal offense"). It threatens thousands of kids and teens each year and causes some teens to commit suicide ("AFF case cyber bullying should be a criminal offense"). Let's stop cyber bullying before it gets to the point of physical abuse ("AFF case cyber bullying should be a criminal offense"). This resolution is due to the point that it can result in suicide, and it can be considered a hate crime, as well as it may be considered a form of harassment of personal privacy ("AFF case cyber bullying should be a criminal offense"). So as said before, this is why Cyberbullying should lead to prosecution. It is very harmful now a days, and no one deserves to have their life taken (especially if one suffers of depression already) away due to insults over the internet. It is highly unacceptable, CONCLUSION Statistics Suicide is the third leading cause of death among young people, resulting in about 4,400 deaths per year, according to the CDC ("Bullying and Suicide"). For every suicide among young people, there are at least 100 suicide attempts ("Bullying and Suicide"). Over 14 percent of high school students have considered suicide, and almost 7 percent have attempted it ("Bullying and Suicide").
Bully victims are between 2 to 9 times more likely to consider suicide than non-victims, according to studies by Yale University ("Bullying and Suicide").
A study in Britain found that at least half of suicides among young people are related to bullying ("Bullying and Suicide").
10 to 14 year old girls may be at even higher risk for suicide, according to the study above ("Bullying and Suicide").
According to statistics reported by ABC News, nearly 30 percent of students are either bullies or victims of bullying, and 160,000 kids stay home from school every day because of fear of bullying ("Bullying and Suicide") . 13-year-old Megan Meier hung herself in 2006 after receiving a series of online insults ("Prosecuting Cyber Bullies"). A Missouri woman was convicted late last year of a crime computer fraud in the case ("Prosecuting Cyber Bullies"). She had helped to create a fake MySpace profile of a teenage boy who courted Megan online and then rejected her ("Prosecuting Cyber Bullies"). Guest host Linda Wertheimer talks to U.S. Rep. Linda Sanchez of California, who is sponsoring a bill named after Megan that would make it a federal crime to engage in bullying electronically ("Prosecuting Cyber Bullies"). Instances Of Prosecution In Action Continued… VICTIMS of cyber-bullying are being “fobbed off” by police because officers lack the education and training to deal with the issue, an expert says (Partenza).
Susan McLean, a former Victorian police officer of 27 years, fears a victim will suicide before police take action (Partenza).
She said victims often felt “disempowered” and “helpless” after contacting police, who were often not aware of state and federal laws by which they could prosecute offenders (Partenza) .
“We’ve seen young (Partenza)
people commit suicide as a result of cyber-bullying,” she said (Partenza). Article: Is Violating an Internet Service Provider's Terms of Service an Example of Computer Fraud and Abuse?: An Analytical Look at the Computer Fraud and Abuse Act, Lori Drew's Conviction and Cyberbullying In the wake of the MySpace Suicide Hoax Case, several states have passed legislation making cyberbullying a crime. 1 California recently passed Penal Code § 653.2 making it a misdemeanor to use any electronic communication with the intent to instill fear or harass another person. 2 While such statutes seem to address the threat of cyberbullying directly, the statute Lori Drew was convicted under seems less applicable. Congress first addressed computer crime by adopting the Computer Fraud and Abuse Act (hereinafter "CFAA"), 3 in 1984 to combat computer hacking of federal and financial institution computer systems. 4 A closer examination of § 1030(a)(2)(C) and its application to the MySpace Hoax Suicide Case raises questions as to whether anyone should be convicted under the statute for violating terms of service. This comment examines why the application of the CFAA to cyberbullying prosecutions, specifically Lori Drew, is inconsistent with the intended scope of the CFAA and existing interpretations of its provisions. Part I examines what constitutes cyberbullying, along with analyzing the facts and application of the CFAA to Lori Drew's initial conviction and recent dismissal in the MySpace Suicide Hoax Case. Works Cited Koebler, Jason. "U.S.NEWS Education." Cyber Bullying Growing More Malicious, Experts Say. U.S.News & World Report LP, 06 03 2011. Web. 15 Sep 2012. <http://www.usnews.com/education/blogs/high-school-notes/2011/06/03/cyber-bullying-growing-more-malicious-experts-say>.
Partenza, Nathan, and . "The Border Mail." Cyber Bullies . Fairfax Media, 10 13 2011. Web. 15 Sep 2012. <http://www.bordermail.com.au/story/65895/cyber-bullies-should-be-charged/>.
. "debate.org." AFF case cyber bullying should be a criminal offense. N.p., n.d. Web. 2012. <http://www.debate.org/debates/cyber-bullying-should-be-a-criminal-offense/2/>.
. "Bullying Statistics ." Bullying and Suicide. Stop Bullying, Harrassment, and Violence, 2009. Web. 15 Sep 2012. <http://www.bullyingstatistics.org/content/bullying-and-suicide.html>.
. "Violence Prevention Works!." What is Cyber Bullying?. 2011 Hazelden Foundation, n.d. Web. 15 Sep 2012. 
. "npr.org." Prosecuting Cyber Bullies. N.p., 09 16 2012. Web. 15 Sep 2012. <http://www.npr.org/templates/story/story.php?storyId=102761461> video Facebook photo of Tyler Clementi, a Rutgers freshman who is presumed dead after jumping off the George Washington Bridge.
Citation:
Heyboer, Kelly. "N.J.News." Rutgers freshman is presumed dead in suicide after roommate broadcast gay sexual encounter online . NJ.com, 29 Sep 2010. Web. 18 Sep 2012. <http://www.nj.com/news/index.ssf/2010/09/hold_new_rutgers_post.html>. What is prosecution? In criminal law, the government attorney charging and trying the case against a person accused of a crime Under the Rhode Island law, a person who "transmits any communication by computer or other electronic device to any person or causes of any person to beghe contacted for the sole purpose of harassing that person or his or her family" could be charged with cyberstalking. A first offense is a misdemeanor, in which alleged offenders face up to $500 fines and one year in prison, 6,0000 in fines, or both (Mulvaney).
* A second offense would be classified a felony, punishable by up to two years in prison, 6,000 in fines, or both (Mulvaney).
* the teenager's refferal to family court comes as the state has convened an 11-person commission of state police, school administrators, family chief judge Haiganush R. Bedrosian and legislators to combat cyberbullying, Internet threats and sexting, and make recommendations for legislation (Mulvaney). Heyboer, Kelly. "N.J.News." Rutgers freshman is presumed dead in suicide after roommate broadcast gay sexual encounter online . NJ.com, 29 Sep 2010. Web. 18 Sep 2012. <http://www.nj.com/news/index.ssf/2010/09/hold_new_rutgers_post.html>. Mulvaney, Katie. "10NBC." Bill would punish Parents Teens. Media General Inc., 2008. Web. 18 Sep 2012. <https://www.ribar.com/UserFiles/law day- cyber articles.pdf>. The National Campaign to Prevent Teen and Unplanned Pregnancy reported last month that a survey of 1,280 teens and young adults found that 20 percent of the teens said they had sent or posted nude or semi nude photos or videos of themselves. That number was slightly higher for teenage girls — 22 percent — vs. boys — 18 percent. ‘Sexting’ Surprise: Teens face child porn charges Rhode Island Law Citation:
Cuomo, NY Legislature agree on cyberbullying bill. 2012. graph . School Bullying Council , School Bullying Resources of Administrators. Web. 19 Sep 2012. <http://www.schoolbullyingcouncil.com/category/cyber-bullying/page/7/>. ("Prosecution")
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