As I have discussed in my earlier posts, it is rather difficult to determine the identity of an individual that has defamed another anonymously, but this may be changing. The courts are very hesitant to force internet service providers to provide the identity of an anonymous poster for the fear of the "chilling" effect that would sweep throughout the internet. There are however some very startling and sad cases of cyberbullying where it seems hard to justify keeping the identity of the person anonymous that posted the harmful words.
Merriam-Webster defines cyberbullying as "the electronic posting of mean-spirited messages about a person (as a student) often done anonymously." There are currently varying degrees of punishments for students that are involved in cyberbullying, it can range from a trip to the principal's office, all the way up to criminal action. The punishment depends on the laws in that state as well as the end result of the bullying. The question of anonymity also arises in this instance just like in libel cases. It is very hard to come to the conclusion that cyberbullying has any positive effect in our society and that the author should remain anonymous, therefore the standard that needs to be satisfied to find the identity is lowered.
I don’t know what the standard is for determining the identity of an anonymous cyberbully. However, you are correct, punishment for cyberbullying can result in criminal prosecution. For example, U.S. v. Machado, the first federal criminal prosecution based on an email threat stemmed from an email sent on September 20, 1996, by Richard Machado, a student at U.C. Irvine to 62 Asian students. The email stated in part, “I personally will make it my life career to kill everyone of you personally. OK? That’s how determined I am.” The email was sent from a campus computer and signed “Asian Hater.” The jury returned a guilty verdict. Machado was sentenced to a year in prison. The verdict confirmed that sending threats via the Net is the same as doing it over the phone or through regular mail.
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ReplyDeleteI agree, this is tough for schools to regulate. I think the standard should vary with age, as impossible as that might be. Obviously, a child in middle school, if harassing someone on the internet, should be punished; however, I think it would be a little severe if he were repremanded at the same standard of a 26 year old in law school. TRO's are an option. Maybe limiting students internet access is the best option. Its an interesting topic.
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