Cyberbullying prosecution
EDTECH Editor-Hogan
My friend and colleague has written an analysis of the decision to indict
Lori Drew, the woman who allegedly set up the suicide of Megan Meyers.
I agree with his position on this prosecution.
You can read more here:
http://www.insidetrackaz.com/mt.html
Nancy
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Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
http://csriu.wordpress.com
nwil...@csriu.org
Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)
Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)
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SIGNOFF EDTECH
EDTECH Editor-Hogan
Nancy and others,
While I agree with the assertion that the CFAA should not be the act
considered in this indictment, I disagree with the author's final
paragraph:
"No matter how viscerally satisfying, the prosecution of Lori Drew
endangers the free exchange of ideas on the Internet and kneecaps the
First Amendment. Hopefully, the Court’s sympathies will lie with the
Amendment, no matter how popular the alternative might be."
This case has some highly emotional and politically charged facets to it.
However, the First Amendment has never been a blanket statement of
protection for any and all speech. Lines have traditionally been drawn,
moved, blurred and redrawn in our judicial history. So we know courts have
found limits to free speech.
My question is not one of whether the CFAA is the proper statute, I agree
it is not. My question is about the applicability of the First Amendment
to speech which contributes to the death of another. Granted I have no
legal context for understanding how courts have weighed in the past on
similar but non-technological issues, but I would have to believe there is
precedent to establish limitations of free speech in regards to harm.
If courts have considered this type of speech as protected, then we have
another hill to climb up with regards to cyberbullying.
Joel VerDuin
Director of Technology and Media Services
Wausau School District, WI