Cyber Crime: Cyber bullying
If in 1985 someone was asked to define the word sexting, he or she probably would be at a loss for words since that concept did not yet exist. “Sexting” is the combination of sex and texting and is the act of sending sexually explicit messages and/or photos between mobile phones. Barkacs and Barkacs (2010) have reported that 20% to 39% of U.S. teenagers have engaged in sexting.
When “sexting” includes minors, legal issues and considerations are exacerbated, which may lead to prosecution for crimes like possession and dissemination of child pornography. When one adds the concept of non-consent, the issues related to the prosecution of “sexting” become even more challenging. As new crimes emerge using advancements in technology, new legislation must be created in an attempt to prevent and address those crimes.
For this assignment, select a type of cybercrime (i.e., cyber-stalking, cyber-bullying, cyber-porn, sexting). Identify a piece of legislation related to that type of cybercrime that is more than 5 years old. Then identify a current piece of legislation related to that type of cybercrime.
Reference: Barkacs, L. L., & Barkacs, C. B. (2010). Do you think I’m sexty? Minors and sexting: Teenage fad or child pornography? Journal of Legal, Ethical and Regulatory Issues, 13(2), 23–31.
The Assignment (2 pages)
- Briefly describe the type of cybercrime you selected.
- Describe the piece of legislation you selected that is more than 5 years old.
- Describe the piece of legislation you selected that is current.
- Explain any significant differences between the two pieces of legislation.
- Explain how the evolution of the type of cybercrime you selected has influenced legislation.
Cyber Crime: Cyber bullying
Cyber-bullying can be defined as the use of internet to intimidate or harass or cause harm to another person. People are often bullied on emails, facebook, twitter, text messages and even on instagram or any social platform (Clancy, 2014). This is simply type of bullying that happen on digital devices and may cause serious effects to the person being bullied. It is more traumatizing when compared to the early type of bullying. It is a criminal offence to cyber-bully someone and that is why many states have come up with laws regarding bullying with provisions of cyber-bullying or electronic harassment. There are no Federal Laws on cyber-bullying but each state comes up with its laws on cyber-bullying (Clancy, 2014).
In 2011, Albany County banned electronic communication which intends to annoy, harass or threaten, or otherwise cause harm emotionally to another person (Clancy, 2014). This law sparked debates as it was violating free speech as declared by the New York’s highest court. The law did not provide clear description of cyber-bullying; it was criminalizing a broad of form of speech or any form of speech which was not even falling under cyber-bullying, for instance a conversation on email which discloses corporation’s private information or conversation on telephone intended to annoy someone (Clancy, 2014). These are two perfect examples of non cyber-bullying acts which had been criminalized by Albany county law. In 2011 however, penalty for cyber bullying had not been specified by the Albany Law. The provisions on cyber-bullying did not apply after the court’s decision (Clancy, 2014).
In 2015, the Assembly Bill 10 of Wisconsin state added cyber stalking as one form of cyber bullying (Wisconsin legislature 2015 – 2016). The state had earlier in 2013 provided in its Criminal defamation statute that: anyone with the intention of defaming another personal without the consent of that person by use electronic means is a criminal offence and the person is subject to jail. The state, in its statute described defamation as anything which may expose hatred, degrade or ridicule another person. By adding cyber stalking to be one form of cyber bullying to seek a restraining order, the state of Wisconsin provides a wide view of cyber bullying (Wisconsin legislature 2015 – 2016).
There are variations in these provisions of cyber bullying on both states; Albany and Wisconsin states. The Albany act on cyber bullying encompassed everyone, including schools. It had further stated that if any form of bullying happened in school, the person bullying the other person should be separated from the bully by transferring that person to another school (student in this matter). Also, before Albany state amending its law, its law did not provide a clear view of cyber bullying thus the law targeted any form of communication that annoys another person. Wisconsin state provisions on cyber bullying are much detailed with outlined sanctions if found guilty for break the law ((Wisconsin legislature 2015 – 2016) unlike Albany state which just banned cyber offensive communication without providing clear sanctions on the same. Wisconsin also categorizes cyber stalking as cyber bullying unlike the state of Albany.
Cyber bullying has an influence to legislation in various ways. There is no federal law on cyber bullying. Each state views cyber bullying from a different angle that is why each state has come up with laws on cyber bullying. Even if someone from outside commits cyber bullying crime, the state law will be applied to him accordingly (Halder &Jaishankar, 2017). The evolution of cyber bullying has resulted to the need of having one clear provision in which the vice should be punished.
Clancy, T. K. (2014). Cyber crime and digital evidence: Materials and cases.
Halder, D., &Jaishankar, K. (2012). Cyber crime and the victimization of women: Laws, rights and regulations. Hershey, PA: Information Science Reference.
Wisconsin 2015 – 2016 LEGISLATURE: 2015 ASSEMBLY BILL 10