Identification, Legislation and Prevention of Cyberbully on Teens Xulong Peng CSC 540 For Dr. William Lyle March 31, 2015 Identification, Legislation and Prevention of Cyberbully on Teens Xulong Peng 1. Introduction 1.1 What is cyberbullying and who are the victims? Computer science technologies and internet development take us into the information age and bring us a lot of benefits to our social, academic and family lives. However, they also bring us a host of dangers such as privacy invading, hacking, identity theft, phishing. Online harassment and cyberbullying may have the most common impacts on teens. Cyberbullying is bullying that uses information technology such as cell phones, instant/texting message and social media, to repeatedly harm or harass other people in a deliberate manner. 1 Cyberbullying has many serious and long-lasting negative impacts on teens and it has become a major and growing problem for teens in many countries including USA and Canada. With technological evolution in the past decade, the number of teens who own cell phones increased from 45% in 2004 to 75% in 2010 according to Pew Research Center2. The majority of teens also use internet (95%) to gather information for reports, talk to friends and practice their social skills (Harris Interactive, 2007). They use these communication tools in many locations including their homes, schools and public libraries. Teens are online frequently and much of their time is spend in positive behaviors, such as researching for homework, visiting education websites to gain knowledge. It is clear there is a positive side the internet provides. However, it is also a fact that serious harm has been caused by cyberbullying. With teens spending increasing amounts of time on the internet, it is not surprising that cyberbullying is most prevalent among teens. 1 2 http://en.wikipedia.org/wiki/Cyberbullying http://www.pewinternet.org/2010/04/20/teens -and-mobile-phones/ 1.2 The forms and impact of cyberbullying Cyberbullying is a common and painful experience for teenage victims. The major forms of cyberbullying behaviors include1 : 1. Impersonation, to break into someone’s online account and pretend they are other people online to trick others; 2. Denigration, to spread lies and rumors to damage victim’s reputation or friendships; 3. Outing and trickery, to trick people into revealing personal information and forwarding others that information; 4. Harassment and stalking, to repeatedly sending or forwarding mean, cruel, vicious and threatening messages; 5. Post pictures of victims without their permission; 6. Flaming, an indirect form of cyberbullying that involves online fights using electric messages with angry or/and rude languages. According to the National Crime Prevention Council survey (NCPC, 2007): 43% of teens reported that they have experienced cyberbullying but 90% of the victims are too ashamed or embarrassed to report the incidents to their parents or other authorities. One reason is that they fear that bullying will become more frequent and intense. Another reason is that they fear the parents will take away or limi t their time on their cell phone, computer or other electronic devices. Therefore, the actual percentage of teens being cyberbullied may be higher than 50%. The survey also shows that 75% of victims can eventually figure out who cyberbullied them; often this is a friend they know from school or someone else they know. But the remaining 25% of victims was bullied by someone they do not know. More females (51%) than males (37%) have been victims of cyberbullying. Another report shows this rate is female (38%) vs male (26%) (Notar, et al., 2013). Cyberbullying victim’s emotions varied from anger to embarrassment to indifference. NCPC survey results showed that victim’s feeling ranged from angry (56%), hurt (33%), embarrassed (32%) to scared (13%). Female are more likely than males to report all of these emotions. In general, social isolates were most likely to bully or been bullied and gifted teens were 1 http://www.nasponline.org/ less likely to bully or be bullied (Notar, et al., 2013). The same survey showed that near one quarter (23%) of victims were bullied by someone they do not know. 1.3 How is cyberbullying different from traditional bullying? Compared to traditional bullying on the playground at school, cyberbullying has different effects and the negative impacts of cyberbully are more harmful and last longer. First, victims cannot run or hide from cyberbullying. For the traditional bullying, once a victim gets home he or she is away from the bully until the next day. For the cyberbullying, a victim cannot escape as he or she cons tantly receives the bullying messages. Second, self-harming by the victim was reported due to the messages and cyberbullying and some victim even has suicidal intentions or suicides in the worst cases. Third, cyberbullying can reach a very large audience in a peer group and a much larger number of victims as well. The reason is that an internet based communication can be distributed widely and instantly. In addition to the bully and the victim, it can be accessed by endless other users on the internet. For example, when nasty comments are posted on a public website, the number of audience that read the comments is potentially large. Some social-networking websites such as MySpace, Facebook and Google+ provide a public forum which could be used for cyberbullying. Certain websites such as The Dirty1 are special websites for cyberbullying to post photos of individuals along with insulting captions. Fourth, the internet affords a measure of invisibility and anonymity which makes it easy to say and do things one would not say or do in person. Therefore cyberbullying is especially harmful. Even though cyberbully is traceable and eventually can be identified, they can communicate harmful messages without identifying themselves for a long time. It is particularly difficult for victims to respond initially 2. Finally, since it is often difficult to remove the posted harmful material, the information may remain online indefinitely and the sting of cyberbullying continues. 1 2 http://thedirty.com http://nobullying.com/amanda-todd-story/ According to a U.S. Department of Justice report 1, both cyberbullying victims and offenders are emotionally harmed by the action of cyberbullying. Cyberbullying leaves many victims feeling sad, depressed, angry, frustrated and embarrassed. It may also contribute to physical aggression, poor academic behavior, depression and suicide. These feelings may cause teens to fear going to school and make them difficult to adjust socially and emotionally to focus on their studies and further develop in mental health. Cyberbullying was associated with many dangerous behaviors and psychosocial problems such as alcohol and drug use, aggression and suicidal thoughts. Cyberbullying also impacts other areas of psychological and cognitive development. In the worst cases, some victims have taken their own lives. 2. Case of Megan Meier (1992 – 2006) and legislation in USA 2.1 The story of Megan Meier The case of Megan Meier is one of many unforgettable cyberbullying cases. Through extensive media coverage of her death, Meier has become the poster child for cyberbullying. Below is the true story about Megan Meier Case 2. Megan Meier was 13-year-old girl lived in Missouri. Five weeks before her suicide, a boy named Josh Evans contacted her through her MySpace page and wanted to be a friend. She thought he was cute and hot. After she added him and they began communicating online regularly but they never met in person or spoke on the phone. Megan struggled with self-esteem and worries about her weight in her lifetime. When she finally had a boy who really thought she was pretty, she was happy and she rushed to the computer every day after school. On October 15, 2006, Megan received a message from Josh saying he did not want to be friends anymore as he had heard that Megan was not nice to her friends. The next day, Josh sent a cruel message “The world would be a better place without you”. Megan hung herself in her bedroom closet and died the following day on October 17, 2006. Later, a neighbor told Megan’s parents that Josh did not exist and actually the account was 1 2 https://www.ncjrs.gov/pdffiles1/ojjdp/fs200127.pdf http://nobullying.com/six-unforgettable-cyber-bullying-cases/ created by another neighbor, Lori Drew, a 47 year-old-woman and her teenage daughter and another teenage girl who used to be Megan’s friend. The case received national attention through extensive media coverage of her death. However, no criminal charges were filed against the offenders or any participant in the Josh Evans hoax as U.S. District Judge George Wu acquitted Drew in August 2009 and vacated the conviction. The main reason was there was no law drafted to criminalize someone using electronic communications to cyberbullying another person or engage in similar behavior. It was not just Missouri which did not have this kind of law. Many other States also did not have similar laws to punish cyberbullies. Lawmakers at both the State and Federal levels balked with the issue. The major controversy is that it may infringe people’s First Amendment rights to free speech and current laws cannot determine the precise point that if a particular behavior has crossed the threshold (Hinduja and Patchin, 2015). Although existing laws may include legal terms which cover many cyberbullying behaviors such as harassment, stalking and felonious, these existing laws are inadequacies to remedy certain cases as they are not designed to address the problem of cyberbullying (Hinduja and Patchin, 2015). For example, In the Megan Meier Case, Missouri prosecutors did not charge Drew with a crime but could not find any fact because there is no federal statute punishes cyberbullying. Even though federal prosecutor charged Lori Drew for three violations of Computer Fraud and Abuse Act (CFAA) for accessing protected computers without authorization (anti-hacking statute), the jury verdict in the case was overturned by U.S. District Judge George Wu because it fails to provide a solution to the central harm committed against Megan and it was the premise that was troubling. Wu said “it basically leaves it up to a website owner to determine what is a crime and therefore it criminalizes what would be a breach of contract”.1 2.2 State and Federal legislation on cyberbullying 1 http://www.wired.com/2009/07/drew_court/ Although Megan Meier case resulted in acquaintance of the defendant, this case highlighted the inadequacies of current legal framework to punish and deter cyberbullies. This case and many other cases of cyberbullying pushed State and Federal legislation to pass bills for cyberbullying. Because the law is continuous evolving and meanwhile avoiding conflicts with constitutional and civil rights, the way for the bills to become laws is not very straightforward. In Missouri, Senate Bill 818, “Modifies various provisions relating to stalking and harassment” (unofficially known as “Megan’s Law”) was signed by Missouri Governor on June 30th, 2008 updating state laws against harassment which extended harassment from telephone to computers, text messages and other electronic devices, effective on August 28, 2008. As of January 20151, forty-nine states, except Montana, have enacted bullying prevention laws. They all require that schools must have policies to deal with bullying, and almost all of them refer to electronic forms of harassment (or cyberbullying specifically). But it varies from state to state regarding what exactly is mandated. Twenty-two states clearly include cyberbullying in laws. But only fourteen states punish cyberbullying as criminal sanction. However, forty-four states include school sanction in the laws. Many states’ laws require school districts to implement measures for identifying, reporting and documenting incidents of cyberbullying. Kentucky’s proposed law requires local school districts to provide training for professionals with direct student contact to help identify, respond to and prevent cyberbullying2. Table 1 shows the status of cyberbullying laws and policies by state. On the federal legislative level, U.S Representative Linda Sanchez of California introduced the bill of “Megan Meier Cyberbullying Prevention Act”, aiming to end cyberbullying in April 2009. Unfortunately the bill was not enacted and the bill was criticized as an unconstitutional restriction on 1 2 http://www.cyberbullying.us/ http://www.lrc.ky.gov/record/08rs/HB91.htm free speech during the hearing of the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security1 . “Student Internet Safety Act” introduced by Adam Putnam, a U.S. representative for Florida on Jan 28, 2009, is an approach to prevent cyberbullying through education. It requires each local educational agency that receives federal funding under the Elementary and Secondary Education Act (ESEA) of 1965 to develop and implement programs to promote safe internet use by students. Such programs would include cyberbullying awareness education and increased involvement from parents to reinforce safe Internet use by their children. The bill was passed by the House on June 16, 2009, but it was never passed by the Senate. 2 Table 1. A Brief Review of State Cyberbullying Laws and Policies 3 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska 1 Bul l yi ng law Incl ude “cyberbul l yi ng” Incl ude el ectroni c ha ra s s ment Cri mi na l s a ncti on School s a ncti on Requi res School Pol i cy Incl ude off ca mpus beha vi ors ? YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES NO NO NO YES YES NO YES NO YES proposed YES NO YES NO NO YES proposed YES YES NO YES YES YES NO YES NO proposed YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES NO YES NO YES NO Proposed NO NO NO NO proposed YES NO NO YES NO YES YES NO NO NO proposed NO YES YES YES NO NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES NO NO NO YES YES NO YES NO YES proposed NO NO YES NO NO NO NO YES NO NO YES NO YES NO NO NO proposed http://www.wired.com/2009/09/cyberbullyingbill/ https://www.govtrack.us/congress/bills/111/hr780 3 Source: www.cyberbullying.us (By January 2015) 2 Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rohde Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming STATE TOTALS FEDERAL Washington DC YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 49 NO YES YES YES NO NO YES YES NO NO NO YES NO NO NO NO YES NO YES NO YES YES NO NO NO 22 proposed – 2009 NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 48 proposed YES YES NO NO NO proposed YES YES NO NO NO NO NO NO NO YES NO NO NO NO YES NO YES NO 14 proposed NO NO NO YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES 44 NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 49 NO YES NO YES YES NO YES NO NO NO NO NO NO NO NO YES YES NO NO YES NO NO NO NO NO 14 NO YES 3. Amanda Todd (1996 – 2012) Case and Legislation in Canada 3.1 The story of Amanda Todd The case of Amanda Todd is another cyberbullying case that happened recently. Even it happens in Canada but it is widely reported internationally as the suspected cyberbully is a Dutch. Amanda was a 16-year-old girl lived in British Columbia, Canada. One month before she hanged herself in her home on October 10, 2012, she posted a video entitled “My story: Struggling, bullying, suicide, self-harm” to YouTube and the video had been viewed more than 17 million times. When she was in the seventh grade, she started to use video chat to meet new people online. One stranger, later was id entified as a 35-year-old Dutch man, convinced her to bare her breasts on her webcam. One year later, the same person or another anonymous person sent her the picture and started a massive act of bullying. The man used the photo to blackmail her and began circulating the picture on the Internet, including a FaceBook profile that used the topless photograph as the profile image. Although she changed schools several times but the man, just like her shadow, always followed her and became a FaceBook friend. Her reputation was ruined. She lost her friends and was bullied by some classmates. Months later she hanged herself and took her own life. After her passing, the cyberbullying continued online and people ridiculed her suicide and some even said she deserved what had happened to her. “The truth remains that people who bullied and tormented Amanda still walk the streets everyday thinking their hate and actions mean nothing while in fact every comment they have made about her while she was alive or after her death, brings so much pain to the people who loved her”.1 The 35-year-old Dutch suspect lived in Netherlands and maintained anonymity, but he was finally traced and identified. After a two-year investigation, he was arrested and charged in April 2014 for his connection to Amanda Todd’s suicide. According to Canadian police, the suspect was charged with extortion, internet luring, criminal harassment and child pornography. 2 The materials found at his home may link to other cases of online abuse in the Netherlands, the UK and the US. 3.2 Canadian Legislation on cyberbullying and its controversy Like the consequence of Megan Meier case, the Amanda Todd case and other cases in Canada pushed Canadian Parliament to pass legislation to prevent cyberbullying. “The Protecting Canadians from Online Crime Act” (Bill C-13) was introduced by Justice Minister Peter MacKay in November 2013. This bill was designed to help prevent children from cyberbullying. However it raised privacy concerns by Canadian citizens. Critics say that the bill could have completely overhauled the entire system, provide increased power for law enforcement agencies; that it would allow the police and other government agencies to access private data from telecom companies, Internet Service Providers (ISPs) and social media companies without warrants from a federal judge 3. Similar as the situation after the terrorist attacks of September 11, 2001, the concerns about individual privacy took a backseat to the concerns 1 http://nobullying.com/amanda-todd-story/ http://nobullying.com/amanda-todd-story/ 3 http://www.thestar.com/news/canada/2014/05/13 2 about national security. This concern is reflected in current spying issues, such as Edward Snowden’s case, with United States and other countries around the world. MacKay explained the bill was aimed to enable police with the necessary means to fight crime in current high-tech environment while maintaining the judicial checks and balances needed to protect Canadians’ privacy. However, Amanda Todd’s Mother thought that the cyberbullying bill (C-13) might have gone too far and could harm privacy rights. She worried that the entire law could be rendered useless if it faced a successful court challenge over privacy concerns. She told media: “We should not have to choose between our privacy and our safety. We should not have to sacrifice our children’s privacy rights to make them safe from cyberbullying, sextortion, and revenge pornography” .1 Opponents also thought that the bill did not keep children safe from cyberbullying but instead it would only give the law enforcement additional powers to monitor Internet usage. Meanwhile, the bill was supported by many others. They argued that privacy concerns should yield the way at this point as the bill was not about an invasion of privacy. Instead, it is about allowing police officers to effectively address the many challenges of instant mass communication and abuse and further to help reduce cyberbullying. 2 After one year’s debate and three readings by the Parliament of Canada, “Protecting Canadians from Online Crime Act” was passed to become a law on December 9, 2014. 3 4. Cyberbullying Prevention According to Mason (2008), a comprehensive cyberbullying prevention program may be the most effective way to prevent cyberbullying. Survey from Harris Interactive Market Research also supports that cyberbullying prevention needs to combine efforts of home, school, and online institutions to prevent, reduce, or eliminate cyberbullying (Harris Interactive, 2007). 1 http://news.nationalpost.com/2014/05/13/ http://www.cbc.ca/news/poli tics/ (May 13, 2014) 3 http://www.parl.gc.ca/legisinfo 2 A survey (Harris Interactive, 2007) shows that the most effective way to prevent cyberbullying is to block the person who cyberbully from communication with the victims (71%) and in many cases this will eventually lead the bully to stop. Victims should not retaliate as this cause more intensive harassment and may make it unclear as to who originally starts this behavior. All victims of this behavior need to alert responsible parents as soon as it occurs. The next most effective way is to reject pass along the cyberbully message (62%). Following that, 56% think that online groups and ISPs should block cyberbullies’ messages. Hinguja and Patchin (2012) also give many tips for teens how to respond to cyberbullying. These tips include tell someone, do not respond cyberbully, never retaliate, save the evidence, block access to cyberbullies, file a complaint to the content providers and call law enforcement if the cyberbullying includes threats of harm etc. Most time s, these responses will reduce or stop cyberbullying. To prevent cyberbullying, parents play an important role since cyberbullying occurs most often while teens are at home. Responsible parents should take steps to help prevent cyberbullying. These steps may include (Feinberg and Robey 2010; Hinguha and Patchin, 2012; PACER Center Inc., 2013): 1. Talk to your child about internet and cell phone safety and encourage children to talk to parents if anything is happening and help your child understand that cyberbullying is harmful and unacceptable behavior. 2. Set up home computer(s) in easily viewable places where you can supervise your child’s internet use and monitor the amount of time your child spends online and tell them you may review their online communications if there is any reason for concern. 3. Set cyber safety rules with your child such as do not do or say anything online that you would not do or say in person and do not reveal anything that you would not tell a stranger. 4. Use certain tracking software to block inappropriate Web content and check your child’s online activities. 5. Beware of warning signs that might indicate the child is being bullied, such as suddenly stop using their computer o cell phone or may become anxious while using them, a change in the child’s behavior and mood etc. 6. Support antibullying legislation and internet safety polices as well as school policies on computer use rules and protocols. Since many states have balked at passing new laws to further criminalize cyberbullying and instead opted to direct schools to deal with the problem (Hinduja and Patchin, 2015) , schools play a more and more important role on cyberbullying prevention and intervention. Some state, Like Kentucky, does not include cyberbullying in the law. Instead, it requires local school district to provide training for professionals with direct student contact to help identify, respond to, and prevent cyberbullying.1 Research shows that in some schools there was a 25% - 50% reduction in the amount of cyberbullying when a comprehensive cyberbullying program was implemented (Mason, 2008). Following are some steps on prevention for educators (Feinberg and Robey 2010; Willard, 2007): 1. Make a plan to implement a threat assessment for any report of cyberbullying that raises concerns about the possibility of violence or suicide. 2. Teach students about ethical and legal standards for online activities and consequences for cyberbullying and online cruelty, and updates policies to include guidelines for internet and cell phone use. 3. Provide parents, students and community members with information about preventing and responding to cyberbullying and provide training for the early warning signs to identify the victims of cyberbullying. 4. Promote empathy, ethical decision-making skills and respect among the students. 5. Educate students about cyberbullying and discuss strategies for reacting to cyberbullying as targets and as bystanders. 6. Create procedures for reporting, investigating and preventing cyberbullying. 5. Conclusion With the evolution in computer and internet technologies in the past decade, cyberbullying is a serious, long-standing social problem and impacts millions of teens worldwide. Psychological problems 1 http://www.cyberbullying.us/ including suicidal thoughts and violent response have become a public concern for cyberbullying. To prevent cyberbullying, combined efforts from legislation, educators, communities and family are needed. The legislations for punishing cyberbullies and protecting victims are necessary however, the best effective way to deal with cyberbullying is at home or/and in school’s classrooms. Works Cited 1. Teens and Cyberbullying, 2007, Harris Interactive Market Research. 2. Cyberbullying Legislation and Case Law, Sameer Hinduja and Justin W. Patchin, 2015, Cyberbullying Research Center (CRC). 3. Cyberbullying: A Review of the Literature, Charles E. Notar, Sharon Padgett, Jessica Roden, 2013, Universal Journal of Educational Research 1(1): 1-9, 2013 4. National Crime Prevention Council (NCPC) (2007). Teens and Cyberbullying: Executive Summary of a Report on Research Conducted for National Crime Prevention Council (NCPC) 5. Bullying and Cyberbullying: History, Statistics, Law, Prevention and Analysis, Richard Donegan. (https://www.elon.edu/docs/eweb/academics/communications/research/vol3no1/04DoneganEJSpring12.pdf) 6. Preventing Cyberbullying, Sameer Hinduja and Justin W. Patchin, 2012, Cyberbullying Research Center (CRC). 7. Responding to Cyberbullying, Sameer Hinduja and Justin W. Patchin, 2012, Cyberbullying Research Center (CRC). 8. http://www.nbcnews.com/id/25465548 9. http://www.onlineethics.org/cms/4747.aspx 10. http://nobullying.com/six-unforgettable-cyber-bullying-cases/ 11. Carol Todd on Bill C-13: “What happened to Democracy?” (http://www.michaelgeist.ca/2014/11) 12. The Protecting Canadians from Online Crime Act: http://www.parl.gc.ca/HousePublications/ 13. http://www.cnn.com/2015/03/02/health/cyberbullying-in-college/index.html 14. Educator’s Guild to Cyberbullying and Cyberthreats, Nancy Willard, 2007, (http://www.csriu.org) 15. http://amandatoddlegacy.org/ 16. http://nobullying.com/the-megan-meier-story/ 17. Privacy concerns raised about new cyberbullying legislation. (www.cbc.ca/news/politics: May 1, 2014) 18. Mason, K., Cyberbullying: A preliminary assessment for school personnel, 2008. Psychology in the schools, 45(4), 323-348. 19. Cyberbullying: What Parents Can do to Protect their Children, 2013. PACER’s National Bullying Prevention Center.