List of Recent of State Cyberbullying Measures

by on September 14, 2009 · 10 comments

Cyberbullying constitutes one of the largest growth categories of recent cyberlaw legislative proposals, and many state legislatures have already enacted measures aimed at combating this problem using a variety of approaches.  Those attempting to monitor ongoing developments in this field might find it useful to examine this National Conference of State Legislatures (NCSL) compendium of recent state cyberbullying bills.

In June, Berin Szoka and I published a PFF white paper, “Cyberbullying Legislation: Why Education is Preferable to Regulation.”  That paper mostly address federal legislation and, in particular, we contrasted the approaches set forth in Rep. Linda Sánchez’s (D-CA) “Megan Meier Cyberbullying Prevention Act,” versus the “School and Family Education about the Internet (SAFE Internet) Act,” which was introduced in the Senate by Sen. Robert Menendez (D-NJ) and in the House by Rep. Debbie Wasserman Schultz (D-FL).  Whereas the Sánchez bill would create a new federal felony to address these problems, the SAFE Internet Act proposes an education-based approach to the issue.

Generally speaking, Berin and I favor the latter approach, to the extent federal legislators feel the need to act. But we argued that state experimentation on this front may be the better way to go at this time.  As the NCSL survey suggests, states are pursing a variety of strategies and will continue to do so.  In light of that, I’m not sure why any federal legislation is needed at this time.  If the feds are really eager to push something at the national level, perhaps a generic public awareness / PSA campaign would make the most sense while more tailored state-based experimentation continues.  This is rare example of where state-based experimentation with a cyberlaw issue actually makes a lot of sense.

  • MikeRT

    Public awareness does not actually solve the issue of how parents and society in general will control these people. Parents need legal tools with which to sue and even prosecute those who subject their children to serious harassment, defamation and other such systematic, cruel behavior.

    Personally, I would settle for the days when a bully's victim could knock their lights out at school without any legal recourse for the bully, but that's a non-starter since most people have been spoonfed that rubbish about violence not solving anything. It stands to reason that if we are going to prohibit their victims from punching them a few times on the playground or between classes, that we owe it to them to let them sue or prosecute their harassers.

  • MikeRT

    Public awareness does not actually solve the issue of how parents and society in general will control these people. Parents need legal tools with which to sue and even prosecute those who subject their children to serious harassment, defamation and other such systematic, cruel behavior.

    Personally, I would settle for the days when a bully's victim could knock their lights out at school without any legal recourse for the bully, but that's a non-starter since most people have been spoonfed that rubbish about violence not solving anything. It stands to reason that if we are going to prohibit their victims from punching them a few times on the playground or between classes, that we owe it to them to let them sue or prosecute their harassers.

    Or, I suppose a 3rd option, is to have 4chan set up an escrow account where it can take payments from parents who want Anonymous to go nuclear on their kids' bullies…

  • MikeRT

    Public awareness does not actually solve the issue of how parents and society in general will control these people. Parents need legal tools with which to sue and even prosecute those who subject their children to serious harassment, defamation and other such systematic, cruel behavior.

    Personally, I would settle for the days when a bully's victim could knock their lights out at school without any legal recourse for the bully, but that's a non-starter since most people have been spoonfed that rubbish about violence not solving anything. It stands to reason that if we are going to prohibit their victims from punching them a few times on the playground or between classes, that we owe it to them to let them sue or prosecute their harassers.

    Or, I suppose a 3rd option, is to have 4chan set up an escrow account where it can take payments from parents who want Anonymous to go nuclear on their kids' bullies…

  • Pingback: buy adipex p online

  • Pingback: buy Facebook likes

  • Pingback: The Tao of Badass

  • Pingback: how to build lean muscle without weights

  • Pingback: garcinia cambogia

  • Pingback: prix de l'immobilier

  • Pingback: https://twitter.com/NHCPS

Previous post:

Next post: