Cyber-bullying: It is Time that Indiana Legislation and Educators Take Notice Undergrad Thesis Bachelor of Science in Legal Studies

Kaplan University Tammy D. Moon LS 498-01: BSLS Capstone October 27, 2009

2009

Tammy D. Moon. All rights reserved.

NOTICE: The author hereby grants to Kaplan University permission to reproduce and to distribute publicly in paper and electronic form copies of this thesis document in whole or in part.

Tammy D. Moon Page: 2 Abstract In comparing standard bullying to cyber-bullying, research shows there is a high need for the current educational bullying statute to be amended. The statute needs to include a constitutionally sound definition and regulations pertaining to the training of all educational personnel, who would then apply both issues into their classroom curriculum. Minors who are found to be perpetrators of any act of bullying should have extended education on why such behavior is wrong, in addition to age-appropriate consequences for their behavior. The psychological effects of both standard and cyber-bullying can be long term, can be a precursor to future criminal activity, and can certainly lead to a tragic end if the victim commits bullycide. Established laws in our country can provide the sound footing needed in order to prosecute those whose bullying actions are severe. However, to increase educational awareness within our schools, it is time that legislation makes the amendment to the bullying statute so that children of today do not have to continue being victims.

NOTE: Some parts of this report have been eliminated for reasons of anonymity.

Disclaimer: I am not an attorney. Legal opinions, codes and statutes in this thesis are provided for informational purposes only and are not to be considered as a substitute for legal advice from a licensed practicing attorney. Please seek a licensed attorney for all legal advice.

Tammy D. Moon Page: 3 Cyber-bullying: It is Time that Indiana Legislation and Educators Take Notice Dont laugh at me, dont call me names, Dont take your pleasure from my pain. Im a little boy with glasses The one they call a geek, A little girl who never smiles Cause I have braces on my teeth And I know how it feels to cry myself to sleep Im that kid on every playground Whos always chosen last A single teenage mother Tryin to overcome my past You dont have to be my friend But is it too much to ask: Dont laugh at me Dont call me names Dont get your pleasure from my pain Dont laugh at me Im fat, Im thin, Im short, Im tall Im deaf, Im blind, hey arent we all. - Steve Seskin and Allen Shamblin, Dont Laugh At Me (Coloroso, 2003, pg. 41).

Bullying is an issue that has moved beyond the playground and into the realms of technology thus creating the cyber-bully. While there are laws in many states covering bullying in the educational arena, it is time that the Indiana state legislation take a more serious look at following the example of those states that have already established cyber-bullying laws. It is time that we make cyber-bullying a part of the already established educational bullying statute as well as enforce already established criminal and civil laws pertaining to the specific act[s] that have been committed by the bully (emphasis mine). There was a little girl living in Greenfield, Indiana in 2003, had to deal with a school bully who, on April 18, 2003, became so upset with her for ignoring him that he started to attack her (Moon, 2005). He was beating this little girl over the head with his metal lunch box when another boy in their class stepped in to stop him (Moon, 2005). The bully turned and then started

Tammy D. Moon Page: 4 beating this boy over the head (Moon, 2005). The school did put a stop to the situation, but had this bully hit the boy who stepped in just right he could have killed him, as the boy had a shunt in his head (Moon, 2005). Because of this incident, the author of this thesis went on to give a speech to the Indiana House of Representatives, by invitation of the Indiana Department of Education, on March 16, 2005 to encourage them to support and pass Indiana Senate Bill No. 285, also known as the Indiana Bullying Prevention Bill. But since this time the acts of the school yard bully are moving forward with the advancements in technology, and now we see the cyber-bully. Megan Meiers took her own life on October 16, 2006 after enduring abuse from a cyberbully (The Megan Meier Foundation, 2009). Ironically, however, the cyber-bully in the Megan Meiers situation was not a child. The tragic situation unfolded in 2006, when [Lori] Drew, [an adult,] her teenage daughter, and an 18-year-old employee of the family created a fake MySpace profile for a fictitious teenage boy [who they gave the name of Josh Evans] that they used to harass one of Drew's daughter's classmates, 13-year-old Megan Meier (McCarthy, 2009). Because of this incident, the state of Missouri passed Introduced House Bill 1683 which makes Internet Bullying a criminal act. Elizabeth Thrasher, a 40-year-old resident of St. Peters, Missouri, is the first adult to be charged under the new law that was passed because of the situation with Megan Meier (The Associated Press, 2009). Thrasher has been charged with [cyber-bullying] for allegedly posting photos and personal information of a teenage girl on the "Casual Encounters" section of the popular advertising Web site[, Craigslist,] after an Internet argument (Associated Press). The personal information she posted included the teens picture, employer, e-mail address and cell

Tammy D. Moon Page: 5 phone number. She[, the teen,] received calls, e-mails, text messages and pornographic photos to her cell phone, police said (The Associated Press, 2009). The kids who were born in the nineties have had access to the Internet throughout their lifetime. The playground bullies have now taken their antics to a whole new level. While in the case of Lori Drew and Elizabeth Thrasher we see cyber-bullying as an act that is done by adults toward a child. However, these instances are not just occurrences that happen just from an adult toward a child, they often occur from peer-to-peer. In fact, i-Safe America, Inc. put out a report in 2006 in which they had stated that 42% of 1500 students surveyed had been bullied while online. Some school administrators assume that these instances will be reported, when the truth is, [m]ost kids wont even tell their parents[, teacher, or school administrator] about a Cyber Bullying incident because theyre afraid it will make everything worse (Love Our Children USA, 2009). In the minds of minors the need to fit in with ones peers is extremely important. Peers are the minors social network. The interpersonal communication that kids learn most often comes from their daily interactions with their peers, not just from their family. And, as such, it is those peers who these children turn to. These peer groups hold a greater influence over decision making than [the kids] parent (Siegel and Welsh, 2005, pg. 183). Therefore, it stands to reason, youth would feel that discussing the situation with an adult will only make the situation worse for them. Children know that the parent will respond by trying to put a stop on the situation, but by doing so the peer group will see that child as a coward. In addition, kids feel that their friends give them emotional support when they are feeling bad and that they can confide intimate feelings to peers without worrying about their confidences being betrayed (Siegel and Welsh, 2005, pg. 183). Just the sheer fact that they know the parent will react to a

Tammy D. Moon Page: 6 situation of bullying gives them the feeling of that reaction being a betrayal in their own confidence. Larry Seigel and Brandon Welsh, authors of Juvenile Delinquency The Core (Second Edition), write that: Intimate friends play an important role in social development, but adolescents are also deeply influenced by this wider circle of friends. Adolescent self-image is in part formed by perceptions of ones place in the social world. In later adolescence, acceptance by peers has a major impact on socialization. Popular youths do well in school and are socially astute. In contrast, children who are rejected by their peers are more likely to display aggressive behavior and to disrupt group activities by bickering or behaving antisocially (2005, pg. 184). Such impact plays a big part in why some kids who are initially victims of being bullied themselves turn the cards and become the perpetrator of bullying. Such impact also plays a part in giving reason as to why kids grow up with the thought that adults are not the proper source to help them get beyond such destructive anti-social behavior, or to learn the appropriate interpersonal communication skills necessary. These same peers who our children trust, and even call friend(s), can also increase the occurrences of bullying behavior by encouraging them to seek revenge for something that they may have found the potential victim saying or doing that they did not agree with. Other times the potential victim of bullying, or cyber-bullying, behavior may not necessarily have said or done something that their other peers did not like, but may have a personal characteristic that makes them stand out and thus a target of these disturbing anti-social behaviors.

Tammy D. Moon Page: 7 Research shows that peer group relationships are closely tied to delinquent behaviors: delinquent acts tend to be committed in small groups rather than alone, a process referred to as co-offending. Youths who report inadequate or strained peer relations are the ones most likely to engage in antisocial behavior (Seigel and Welsh, 2005, pg. 184). So, it goes without saying that because children spend most of their day with peers, the importance to fit-in is high. When one is being made to feel as if they are an out-cast, the psychological aspects that ultimately destroy the childs self-esteem and give one the feeling as though they are not valued by any social group, including with the social group of adults, increases. In what ways may these cause long term issues for the both the child bullying victim and the child bullying perpetrator? Studies suggest that chronically victimized students may, as adults, be at increased risk for depression, poor self-esteem, and other mental health problems, including schizophrenia (Seigel and Welsh, 2005, pg. 220). In addition those who are the perpetrators of bullying activity as youth often grow up having problems with law enforcement (Seigel and Welsh, 2005, pg. 220). Just these facts alone should be disturbing enough to cause us all to pause and think about looking at the current statute regarding the definition of bullying as well as civil and criminal penalties that could be related to the specific acts that make up such delinquent behavior. Indiana Code (I.C.) 20-33-8-0.2 has defined bullying as being: overt, repeated acts or gestures, including: (1) verbal or written communications transmitted; (2) physical acts committed; or (3) any other behaviors committed; by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student.

Tammy D. Moon Page: 8 While this definition is no doubt a good one to be used in the standard form of bullying, and some would say it could be used to also include cyber-bullying, it is too vague in form to be applied toward the acts of cyber-bullying. Cyber-bullying does not only include verbal or written communication transmitted (I.C. 20-33-8-0.2) through electronic means, but it includes a plethora of other acts and, in addition, [i]t is possible that the harm caused by [cyber-bullying] may be greater than [the] harm caused by traditional bullying (Willard, 2007, pg. 4). Therefore, it is highly important that the Indiana state legislature seriously consider a revision of the statute that defines bullying in a way to include cyber-bullying. Some say that [[c]yber-bullying] as a word, is highly varied and hard to define (Office of the Indiana Attorney General, 2006). However, the Anti-Defamation League has given a good definition that can easily be placed into the amended bullying statute in their Model Anti-Bullying Statute, which states: (b) harassment, intimidation, bullying or [cyber-bullying] means any written, verbal or physical act, or any electronic communication including, but not limited to, one shown to be motivated by a students actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, physical, mental, emotional, or learning disability, gender, gender identity and expression, or other distinguishing personal characteristic, or based on association with any person identified above, when the written, verbal or physical act or electronic communication is intended to: (i) Physically harm a student or damages the students property; or

Tammy D. Moon Page: 9 (ii) Substantially interfere[s] with a students educational opportunities; or (iii) Be so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (iv) (c) Substantially disrupt the orderly operation of the school.

As used in this Section, electronic communication means any communication through an electronic device including but not limited to a telephone, cellular phone, computer or pager, which communication includes but is not limited to E-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games, and Web sites (emphasis mine) (2009, pgs. 11-12).

The Anti-Defamation League feels that it is highly important for all educational laws that have anti-bullying statutes to specifically mention the phrase electronic communication within those statutes because it is a blanketed term that can mean all sources of electronic communication (Anti-Defamation League, 2009, pgs. 11-12). The state of Indiana in its own definition of bullying in IC 20-33-8-0.2 has wording that can make one believe that cyber-bullying is included in its definition in that they use the phrase written communications transmitted. Written communication in and of itself is only one facet of cyber-bullying. As we can see in the exampled definition in which the Anti-Defamation League provides cyber-bullying also includes the use of other means besides just written communication. So, what exactly are these other means that go beyond just written communication? The non-profit organization, Love Our Children USA explains how non-written communication between one peer to another transpires and thus makes up the cyber-bullying behavior that goes

Tammy D. Moon Page: 10 beyond written communication. For example, they point out that kids and teens today bully online in such manner as: * creating a [screen-name] that is very similar to another kids name but add or remove an extra vowel. Then they use this name to say disparaging things to other users while posing as the other person; * creating Web sites that could humiliate or endanger another kid. They post photos, videos and all kinds of personal information (such as phone numbers, addresses, etc.) which could endanger the kid who is the victim; * Newer cell phones allow kids to send pictures to each other. Pictures are received directly on the phones and could end up in everyones address book. Some kids have actually posted pornographic pictures on sites and programs for anyone to download; * Cyber Bullies may sign their victims up for numerous e-mailing and [instant messaging, or] I M marketing lists which creates mass emails for the victim. They even sign them up for porn sites; * Kids send viruses, spyware and hacking programs to their victims to destroy their computers or spy on their victim. If the Cyber Bully uses a Trojan Horse program they can control their victims computer remote control, and erase the hard drive; * Kids may steal another kids password and chat with others pretending to be the other kid. They can say mean things to this persons friends or other people (Love Our Children USA, 2009).

Tammy D. Moon Page: 11 Sexting is also another new, yet growing, type of cyber-bullying that is being done by kids and teens towards their victim and does not necessarily involve written transmitted communication. Sexting refers to youth sending sexually explicit messages or sexually explicit photos of themselves or others to their peers. Today, many teens are using cell phones, computers, web cams, digital cameras, and/or certain video game systems to take and distribute sexually explicit photographs of themselves or others (NCMEC, 2009). This type of trend in cyberbullying is growing so much that John Walsh, whose son Adam Walsh was abducted and murdered on July 27, 1981, has said that one in five teens participate in sexting, despite the fact that they believe its dangerous (Reuters, 2009). In addition to the above, Dr. Robin Kowalski has reported that the common types of cyber bullying are: * * Flaming which is defined as being [a] heated, online exchange; Harassment which is defined as being, [e]lectronic messages that cause emotional distress; * Denigration which is being defined as [o]nline postings of negative or false information about someone; * Impersonation which occurs when one is [c]ommunicating negative, false information to others while impersonating someone [else]; * Outing and trickery which happens when one is [e]lectronically sharing or forwarding personal, secret information about another; * Exclusion and ostracism which is the removal or blocking [of] people from buddy lists;

Tammy D. Moon Page: 12 * Cyberstalking occurs when one uses technology to stalk and threaten a target[ed] individual; and * Happy slapping which is when one does [v]ideotaping and electronically disseminates an instance of slapping someone (2008). How prevalent is cyber-bullying? Well, in a poll of 824 kids, the National Crime Prevention Council in 2007 stated that [f]ourty-[t]hree percent [(43%)] of [the] teens [polled stated that they] have been victims of [cyber-bullying] in the last year. Stuart Wolpert, in writing for the UCLA Newsroom, gives the following disturbing information regarding this prevalence. Nearly three in four teenagers say they were bullied online at least once during a recent 12-month period, and only one in 10 reported such cyber-bullying to parents or other adults, according to a new study by UCLA psychologists. Of those who were bullied online, 85 percent also have been bullied at school, the psychologists found. The probability of getting bullied online was substantially higher for those who have been the victims of school bullying (Wolpert, 2008). Yet, another report states that, 62% of students said that they had been [cyber-bullied] by another student at school and in addition, [o]f those students who admitted [cyber-bullying] others relatively frequently: 60% had [cyber-bullied] another student at school (Kowalski et al., 2005 grades 6-8) (ASPIRA of New York, 2008). In a study conducted in 2001 by the Kaiser Foundation a U.S. health care philanthropy organization, in conjunction with the Nickelodeon TV network and Children Now, a youth advocacy group, almost three-quarters of preteens interviewed said bullying is a regular occurrence at school and that it becomes even more pervasive as kids start high school; 86 percent of children between the ages of twelve and fifteen said that they get

Tammy D. Moon Page: 13 teased or bullied at school making bullying more prevalent than smoking, alcohol, drugs, or sex among the same age group (Coloroso, 2003, pg. 12). Pretty disturbing, would you not agree? Some may say that such statistics may not necessarily reflect on the schools in the state of Indiana, or even more specifically their own school district. This simply is not the case. There are instances of these types of acts occurring on a daily basis and even more disturbing is that most of them go unreported. Crimes linked in some way to computers or other forms of information technology (IT), such as cell phones or the Internet, are among the fastest growing criminal activities in the world (Osterburg and Ward, 2004, pg. 545). I myself have viewed hate sites developed on Facebook by a student here in Indianapolis. Due to the fact that these students are underage their identity will not be mentioned, or the specific Facebook page given out in this report. I attempted to get the teen that developed the Facebook web site to remove it and she refused. I attempted to get her parents to take action and make her remove the web site, and even they refused to do so. I attempted to get Facebook to remove the web site and they also refused to do so. Since that time the original creator of the Facebook page has changed, but the site still exists. In addition, a principal in one Indiana school, and who wishes to remain anonymous, stated that he has already had to deal with incidences of sexting in which one victimized student had their picture taken in the schools locker room and it was then distributed. To say that cyber-bullying does not go on in Indiana schools would be a fallacy. Cyber-bullying is an act that occurs 24/7. Even if it is done at home, it still carries over into the schools through the disruptive behaviors that are displayed not only by the cyber-bully themselves, but also even by the victim of cyber-bullying. In addition, students also get around the use of educational firewalls through the use of proxy servers that are separate from the ones established by schools and business and therefore allow them the ability to have access to areas

Tammy D. Moon Page: 14 where one may have thought they could not get into. Some Web sites have published onto the Internet articles that give insight to minors on [h]ow to bypass firewalls & get into blocked websites in school or work with FreeProxy (Windows) (Dube, 2009). Some of these how-to guides published on the Internet specifically target minors and evidence of their doing so comes through their own statements. For example, one Web site presents to minors that [t]he reality of why schools and businesses block ones ability to have access to sites that could pose risks and dangers is that Internet security experts around the globe are taking their jobs just a tad too seriously (Dube, 2009). Simply put, people such as this are placing into the minds of minors that there is no security threat to destructive cyber-bullying behavior or worse that sexual predators are not really a threat to their own personal safety. We need to look into people who offer these types of services and ask the question of how they can be held accountable when it comes to the tragic end of one who is the victim of cyber-bullying that may have been done while in school and using one of these free servers to bypass the educational firewalls. So, how is it we can know if our child is a victim of a cyber-bully, or the perpetrator of cyber-bullying? We must educate ourselves, but we also need to educate our children to look for the warning signs as well. Dr. Robin M. Kowalski, a professor of psychology at Clemson University in Clemson, South Carolina, has stated that, because of the anonymity surrounding much [cyber-bullying], the consequences are at least as bad if not worse than those associated with traditional bullying (Kowalski and Limber, unpublished data, 2008) (Kowalski, 2008). Because most children who have been cyber bullied are reluctant to tell others about their victimization, it is important to know [t]he most common warning signs of electronic bullying in order that we can possibly stop further abuse occurring to the particular child that we notice is possibly being victimized (Kowalski, 2008). By knowing the warning signs, legislature should

Tammy D. Moon Page: 15 clearly see the need for modification of the anti-bullying statute, as well as see the need for criminal and civil penalties that should be considered for such behavior. Some of the warning signs that victims of cyber-bullying may display include [:] depression, anxiety, social isolation, nervousness after interfacing with technology ([e.g.], the computer or cellular phone), lowered self-esteem, deficits in school performance, and impaired health (Kowalski, 2008). Love Our Children USA also states that with victims of cyber-bullying we also should be aware of: an increase in anger or fear, the increased instances of not wanting to go to school, changes in grades, the sudden avoidance of friends, and a sudden hesitation to use the computer (2009). Stuart Wolpert, in reporting for UCLA on the topic, also reports that [s]tudents who get bullied often have headaches, colds and other physical illnesses, as well as psychological problems (2008). Knowing a student personally who is the victim of a Facebook hate Web site within one of school districts in Indiana, I can tell you one other behavioral pattern that should be considered of victims of cyber-bullying and that is the increased aggressive behavior or sudden aggressive behavior towards an individual(s). This increased aggressive behavior may also be directed toward individuals who participate in the cyber-bullying as a by-standard and even toward those who have no idea of what is going on (e.g. teachers and school administrators). We also know, as has been discussed in this report in the very beginning, the ultimate and most devastating impact of cyber-bullying is that of bullycide. In Bullycide, Death at Playtime: An Expose of Child Suicide Caused by Bullying, Neil Marr and Tim Field coin the term bullycide to more accurately describe when bullied children choose to kill themselves rather than face one more day of being bullied (Coloroso, 2003, pg. 54). Bullycide being done by a victim of cyber-bullying is senseless and those who cause the psychological abuse that have lead to the victim feeling as if bullycide is their

Tammy D. Moon Page: 16 only escape need to be held accountable in order that they learn that such behavior is wrong. We therefore must also know how to look for the warning signs that may indicate that one is a perpetrator of cyber-bullying. Perpetrators of cyber-bullying, whether it be a minor or even an adult, will often display the following warning signs in which Dr. Sameer Hinduja, an Assistant Professor in the Department of Criminology and Criminal Justice at Florida Atlantic University, and Dr. Justin Patchin, an Assistant Professor of Criminal Justice in the Department of Political Science at the University of Wisconsin-Eau Claire have published include one: * * * * * * quickly switching screens or closing programs when you walk by; uses the computer at all hours of the night; gets unusually upset if he or she cannot use the computer; laughing excessively while using the computer; avoids discussions about what they are doing on the computer; and is using multiple online accounts, or an account that is not their own (2009) These cyber-bullying behaviors are what lead up to children such as Megan Meiers, Ryan Halligan, Rachel Neblett, Jeffrey Johnston (Make a Difference for Kids, Inc., 2009), and Chanelle Rae (Nicholas, 2009) just to name a few of the many, to commit bullycide. It is time that we as parents, as teachers, as school administrators, as a society, as a government decide that we are going to put into the state educational statute a revised definition of bullying to include cyberbullying, as well as put into place laws that, if found, the person that is responsible for such behavior can be held accountable both criminally and/or civilly. It would not be difficult to make cyber-bullying a crime, and if we really think about it, we already have laws currently in place that

Tammy D. Moon Page: 17 can easily act as the framework to the establishment of those laws and assist in helping to push aside the claim that many have regarding the constitutionality of the establishment of such laws. There are several Federal and state laws that can provide a good backing to the establishment of criminal and / or civil penalties of cyber-bullying. These laws can also provide support to an amended definition in IC 20-33-8-0.2 of bullying so that it includes cyber-bullying. Love Our Children USA had made several very good points in their following comment concerning the Federal Electronic Communications Privacy Act. They point out that: 1. According to the Electronic Communications Privacy Act, law enforcement can get your information. The parents of [Cyber-bullies] may be liable for the mental health and emotional damages caused by their children to another child. If the [cyber-bullys] parents [are] aware of the situation or has received a letter of complaint, then they have knowledge and notice of harmful activity. By paying for the telephone bill and internet charges in their home they are legally responsible for the acts of their children while on the computer and in their care. Parents can be sued for damages; 2. School administrators should be informed about the [cyber-bullying] which your child is a victim of. If [cyber-bullying] takes place during school time or on school computers, the schools come under the knowledge and notice rule; and 3. If a victim of [cyber-bullying] is being threatened with assault or being beaten down while they are in school, the schools must take responsibility for activities that follow a child from their home to their school (Love Our Children USA, 2009).

Tammy D. Moon Page: 18 The Childrens Internet Protection Act (Pub. L. 106-554) allows for a local educational agency, elementary or secondary school, or library to block access on the Internet on computers owned or operated by that agency, school, or library to any content other than content covered by the Act. This Act can also give support to issues relating to cyber-bullying to even include the ability to have criminal penalties applied to those who commit cyber-bullying acts from an educational institutionally owned electronic medium, if written within a new law properly. Sec. 1703 (2) of the Childrens Internet Protection Act (Pub. L. 106-554) states: (2) HARMFUL TO MINORS.The term: harmful to minors means any picture, image, graphic image, file, or other visual depiction that (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. In addition, the Childrens Internet Protection Act (Pub. L. 106-554) requires not just libraries, but educational institutions to have in place policies pertaining to Internet safety for minors that includes the operation of a technology protection measure for any computer that has Internet access and such computers are suppose to be able to block a persons access to visual depictions which would include those transmitted during the course of sexting (Sec. 3601 (1)(A)). Because of the Childrens Internet Protection Act, school districts can use the

Tammy D. Moon Page: 19 requirements written in the Act as backing to any school related disciplinary decisions toward those who have been found to commit cyber-bullying and / or sexting if such acts were done by the use of the educational institutions computers or other computerized equipment. Other federal laws that can be applied and referenced in the backing of developing state criminal laws pertaining to cyber-bullying cases are: * U.S.C. 18, 875(c): which states, Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both (emphasis mine). This federal law can be used in the ability to file criminal charges against any individual who perpetrates cyber-bullying towards another individual if that cyber-bullying act also includes any threat to injure the person of another in the course of transmitted communication through even electronic mediums (emphasis mine) (U.S.C. 18, 875 (c)). * U.S.C. 18, 1801: which states, (a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both (emphasis mine). This federal law can pertain to the acts of sexting and use such images for the purpose to cyber-bully another.

Tammy D. Moon Page: 20 * U.S.C. 18, 2252A: which discusses activities relating to material constituting or containing child pornography and as such, as stated (a) any person can include even a minor who knowingly takes a picture of another minor with the intent to distribute in a manner relating to cyberbullying. * U.S.C. 18, 2255 would allow for a person who, while a minor, was a victim of a violation of section U.S.C. 18, 2252A to file a civil law suit in any appropriate United States District Court and recover damages. * U.S.C. 18, 2261A discusses the issue of Stalking to include that of Internet stalking. It goes without saying that an individual who commits an act of cyber-bullying is also essentially committing Internet stalking. * U.S.C. 18, 2264 discusses the ability for a stalking victim, as follows in U.S.C. 18, 2261A, to be able to obtain restitution in addition to any other civil or criminal penalty authorized by law. * U.S.C. 18, 2266 contains the definitions that are used for the following United States Codes: U.S.C. 18, 2252A; U.S.C. 18, 2255; U.S.C. 18, 2264; and U.S.C. 18, 2256. * U.S.C. 47, 230 cover the Protection for private blocking and screening of offensive material and as such an educational institution who has properly followed the established federal laws and have in good faith attempted to restrict access to material that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise

Tammy D. Moon Page: 21 objectionable, whether or not such material is constitutionally protected shall not be held liable (U.S.C. 47, 230 (c)(2)(A)). * U.S.C. 47, 223 covers laws relating to one making an [o]bscene or harassing telephone call as well as even one who: (a)(1)(A)(ii) initiates the transmission of, any comment, request, suggestion, proposal, image or other communication which is obscene or [considered to be] child pornography, with intent to annoy, abuse, threaten, or harass another. As such, anyone who commits such acts within the scope of cyber-bullying can be fined under title 18 or imprisoned not more than two years, or both (U.S.C. 47, 223 (a)(2); U.S.C. 47, 223 (d)(2)). The Anti-Defamation League, in the process of developing their Bullying / Cyberbullying Prevention Law Model Statute and Advocacy Toolkit, reports currently that [o]ver the past ten years, thirty-seven states have adopted legislation mandating schools implement anti-bullying statutes (2009, pg. 1). The thirteen states that do not currently have statutes are: (1) Alabama, (2) Hawaii, (3) Massachusetts, (4) Michigan, (5) Mississippi, (6) Montana, (7) New York, (8) North Carolina, (9) North Dakota, (10) Pennsylvania, (11) South Dakota, (12) Wisconsin; [and] (13) Wyoming (Anti-Defamation League, 2009, pg. 1). Ironically, though, Anne Collier in her article posted on Yahoo Kids, titled: More States Adopt Cyber-Bullying Laws, and published in January of 2009 states that 13 U.S. states have passed laws requiring school districts to develop policies on cyber-bullying. In addition, [a]t least seven states, including Iowa, Minnesota, New Jersey and Oregon [have] passed [cyber-bullying] laws in 2007. Five more Maryland, Missouri, New York, Rhode Island and Vermont were considering similar legislation in 2007 (Koloff, 2008). Since 2007 the state of Missouri passed a cyber-bullying law in part because the

Tammy D. Moon Page: 22 acts of Lori Drew that lead to the senseless bullycide of Megan Meier was not able to be prosecuted, course that could be up for debate if they would have more closely analyzed the United States Code that I have listed prior. The Summary of the Introduced Bill for the state of Missouri pertaining to Internet Bullying states: Currently, school districts must have an [anti-bullying] policy. This bill revises the definition of bullying to include any communication over the Internet and prohibits any person from communicating over the Internet with the intent to intimidate or harass another person causing fear for his or her safety or property. Any person violating this provision will be guilty of a class A misdemeanor or a class D felony if the violation results in physical harm to a person or property (Missouri House of Representatives, 2008). Missouris new law provides a good starting point in considering how the state may amend the already established educational statute, and even to include the possibilities of criminal and / or civil sanctions. However, as the consideration of amending the definition and adding possible criminal and / civil sanctions is being undertaken the wording needs to be carefully considered as it could come off as sounding unconstitutional. A Miami, Florida cyber crime criminal defense attorney, David Seltzer states that it is important for those in legislature to keep in mind the wording that is used when drafting or amending bullying statutes as if they are not written properly there may later be an issue with constitutionality (2009). Congress should consider looking to tested state [cyber-bullying] statutes for ways to bring their good intentions in line with the U.S. Constitution (Seltzer, 2009). To amend the anti-bullying statute that we currently have in Indiana to one that would be constitutional can easily be done, even if we follow the Anti-Defamation Leagues Model

Tammy D. Moon Page: 23 Statute which combines the best elements of existing laws, along with refinements to ensure that an anti-bullying statute that includes cyber-bullying is comprehensive and constitutional (Anti-Defamation League, 2009, pg. 2). When considering how to deal with the criminal or civil penalties that may be applied to the actual acts of any type of cyber-bullying act, some may think this would be a daunting and very difficult task. I ask a simple question: Why would this be a daunting and difficult task? The idea of amending the educational statute is so that bullying is more clearly defined to include cyber-bullying, and place within that the plethora of individual criminal acts/statutes that can be placed under the blanketed term of bullying or cyber-bullying. From that statute, even in its current form, we have placed within school districts across the state of Indiana the expectation that students, both victimized students and even the bullies themselves, will be able to turn to educators for help. That teachers and school administrators will not be sued because they restrain someone who may be in the process of causing another physical harm. We have placed the requirement that districts across this state make sure that they have in place policies on how to handle bullying situations that may later escalate; and these requirements do not just extend to the Safe Schools Specialist, but also to teachers and administrators who must have received training on the issue. So, technically the issues of how to deal with the criminal and civil penalties do not need to fall within this already established educational statute, instead when deciding how to proceed with criminal or civil penalties, we only need to look at the specific act(s) themselves that were done toward the victim and follow those specific laws accordingly. When considering the mechanics of juvenile and adult acts we consider them in regards to how the particular laws are written for the particular act that was involved in the context of juvenile

Tammy D. Moon Page: 24 and adult laws. For those areas that may come up where we may not have a specific law established then those areas can be addressed, even if address in the context of precedent. The things that should be evaluated in consideration of any law that is attached to a particular act done in the course of bullying should be the age of the child and whether or not there was an intent to specifically cause malice towards another. For example: When a child, especially the very young just starting out in elementary school, displays bullying behavior it would not be a wise idea to file criminal charges upon that child if it is completely evident that the child has no idea that what he had done was exactly wrong. In these situations it is better to work on teaching the child that what they are doing is not nice and tell them why it is not. I suggest that the two children sit down with each other and discuss their differences and that we as adults help the very young bully to learn that what s/he says, in addition to how they act or respond, can be very hurtful. Education of cyber-bullying is just as important as education towards the standard bullying behavior and should be considered as a part of the educational curriculum for not just kids who are in elementary school but those in middle and high school as well. Standard bullying is a lesson that can and should be taught to those at the elementary school age range on a daily basis within the regular course of studies, not just done for a one week time frame, so that the lesson taught becomes ingrained in their minds and thus becomes second nature to them. Granted, middle and high school students may not like to go to a class called bullying prevention, but at that educational level the ability to learn about how certain behaviors are considered a crime is not such a bad idea and can actually help to possibly cut down, hopefully, on the future prevalence of some of these babies growing up and being adult criminals. Such lessons can be taught to middle and high school students through courses of study on Interpersonal Communication as they are already being done at the college levels.

Tammy D. Moon Page: 25 Middle school and high school [s]tudents should be taught in school about [cyber ethics] and the law[s] pertaining to acts relating to cyber-bullying to include what these legal consequences can be whether they are done by minors or by adults (Love Our Children USA, 2009). Lessons pertaining to cyber ethics can and should be done within classes that students take within business courses or specific computer classes. By teaching them the reasons why it is legally wrong to do these things then we are giving them some of the answers they seek on many of the things they do (emphasis mine). As kids ourselves at one point in time we often would ask our parents that proverbial question of why (emphasis mine). If we did not feel that the answer in which they gave was explained well enough we often would go ahead and push the boundaries. If we give them the answers to these why questions, as they pertain to these aggressive acts, we then are helping to provide these students with the increased ability to enter into the adult world with the knowledge they need to help them in various interpersonal situations including, but not limited to, their future family relationships. If we provide them the ability to know from their education these things, as well as provide them with the knowledge of the available resources for those who are not only the victim but also the perpetrator, then maybe it would be possible that over time more would be willing to ask for help. Should such education be provided only in the instances of discipline for the particular bullying behavior? No. This should be given to all students on a consistent basis, but in extreme situations where a child is criminally charged then as part of that consequence there should be an even more extensive educational course. Too often we have students get suspended and sit fidgeting in an In-School-Suspension (ISS) room sometimes doing homework and sometimes not doing anything. These students, especially those in middle and high school, could be spending

Tammy D. Moon Page: 26 this time doing exercises that teach them how that behavior is wrong and what the legalities would be had they done this act as an adult. It is our responsibility as parents, as teachers, as school administrators, as a community to teach our children and prepare them for their future. It is our responsibility to do what is in the best interest of our children. If we do not provide them with the answers to those why questions that pertain to behavioral issues that are legally wrong then we are not completely looking out for their best interest; we would not be providing them with the complete tools that they need to help them grow in their future interpersonal communications with others in society. Adults in our society are doing to children what they should be teaching their own children not to do. We have a chance every day to help the children of our community through our educational systems. If we arm them with the knowledge that this behavior is illegal then they will know what to expect if they do such acts. We can then hope that when a child is faced with a bully, whether it is an adult or another minor, they will be more likely to tell someone before they get to the point of committing bullycide. When an adult does this to children, such as Lori Drew and Elizabeth Thrasher have done, these individuals should face the legal consequences as anyone else would face the consequences in our justice system for the specific act itself and their punishment should be significant. Our laws, as have been pointed out in this report, do provide this protection for some acts, and for those acts that are not provided for in our legal statutes we have a foundation through those already discussed within the United States Code to develop such laws. IC 20-30-5.5 covers the educational statute regarding the education of teaching students from grades 3 and above instruction concerning safe usage of the Internet by children (IC 2030-5.5-1). This section of IC 20-30-5.5 also includes a mandate that our educational institutions

Tammy D. Moon Page: 27 come up with ways to teach children regarding this topic. So, while it may seem like what is being advocated here is meaningless because we do have this educational statute, I assure it is anything but meaningless. Our middle school and high school students are not taking classes where they are being taught specifically the interpersonal skills that are desperately needed to understand that standard bullying and cyber-bullying behavior is illegal. After the passing of the Indiana Bullying Prevention Bill many of us thought that the teachers would receive the required training and yet this has not been done in all of the districts. We thought that they would be able to adequately teach and follow a curriculum that follows what has been mandated in IC 20-305.5 and yet they are not. Over a period of a couple of years I had the pleasure to substitute teach in two Indianapolis school districts and can tell you there are many teachers that had never known that the Bullying Prevention Bill was enacted or what it means for them as teachers when it comes to their designing their educational curriculum. This is just absolutely not acceptable and we as parents, educators, as school administrators, and as a community owe it to our children to change this immediately. You have been provided with actual tragic situations that have occurred regarding the issue of cyber-bullying. You have been provided the facts regarding the warning signs, the long term effects, and the statistical analysis done by numerous organizations regarding cyberbullying. You know the various means in which individuals are cyber-bullying others. You have the foundations in law that have already been set up and can help in the development of an amended statute and the development of additional laws. You can see that language that is used in designing an amended statute can be constitutionally written. Now, it is your turn. It is your turn to act and move forward in doing what is in the best interest of the children.

Tammy D. Moon Page: 28 Resources Anti-Defamation League (2009, April). Bullying / cyberbullying prevention law. Retrieved from http://www.adl.org/civil_rights/Anti-Bullying Law Toolkit_2009.pdf ASPIRA of New York. (2008, January 02). Cyberbullying - facts and figures. Retrieved from http://www.cafeaspira.com/Cyberbullying_facts.html Collier, A. (2009, January 09). More states adopt cyber-bullying laws. Retrieved from http://kids.yahoo.com/parents/blog/1004/61--More+States+Adopt+Cyber-Bullying+Laws Coloroso, B. (2003). The bully, the bullied, and the bystander. HarperCollins Publiisher, Inc. New York, NY. Dube, R. (2009, April 23). How to bypass firewalls & get into blocked websites in school or at work with freeproxy (windows). Retrieved from http://www.makeuseof.com/tag/how-toget-into-blocked-websites-in-school-with-freeproxy/ Koloff, A. (2008, February 07). States push for cyberbully controls. Retrieved from http://www.usatoday.com/news/nation/2008-02-06-Cyberbullying_N.htm i-Safe America, Inc. (2006, December 13). Beware of the cyber bully. Retrieved from http://www.isafe.org/imgs/pdf/education/CyberBullying.pdf Kowalski, R. (2008). Cyber bullying - recognizing and treating victim and aggressor. Psychiatric Times, 25(11), Retrieved from http://www.psychiatrictimes.com/display/article/10168/1336550?pageNumber=1 Love Our Children USA (2009). Cyber bullying. Retrieved from http://www.loveourchildrenusa.org/parent_cyberbulying.php Make A Difference for Kids, Inc. (2009). Cyberbullying. Retrieved from http://www.makeadifferenceforkids.org/cyberbullying.html

Tammy D. Moon Page: 29 McCarthy, C. (2009, July 02). Report: guilty verdict overturned in MySpace suicide case. Retrieved from http://news.cnet.com/8301-13577_3-10278483-36.html Missouri House of Representatives (2008, October 15). Summary of introduced bill - hb 1683 -internet bullying. Retrieved from http://www.house.mo.gov/billtracking/bills081/bilsum/intro/sHB1683I.htm Moon, T. (2005, March 16). Speech, made to the Indiana House of Representatives: My statement on the Indiana Bullying Prevention Bill. National Center for Missing & Exploited Children (NCMEC). (2009, September 21). What is sexting? why is it a problem? what parents and teens need to know. Retrieved from http://www.missingkids.com/missingkids/servlet/NewsEventServlet?LanguageCountry=e n_US&PageId=4131 National Crime Prevention Council. (2007, March 05). Stop cyberbullying before it starts. Retrieved from http://www.ncpc.org/resources/files/pdf/bullying/cyberbullying.pdf Nicholas, V. (2009, July 23). Cyber-bullying and suicide. Retrieved from http://nicholasjv.blogspot.com/2009/07/cyber-bullying-and-suicide.html Office of the Indiana Attorney General. (2006). Cyberbullying. Retrieved from http://www.in.gov/attorneygeneral/protect/cyberbullying.html Osterburg, J., & Ward, R. (2004). Criminal investigation: a method for reconstructing the past. 4th ed. : Matthew Bender & Company, Inc., a member of LexisNexis Group. Reuters. (2009, June 22). John walsh leads teens in discussion of sexting and cyberbullying at cox's national summit on internet and wireless safety. Retrieved from http://www.reuters.com/article/pressRelease/idUS125370+22-Jun-2009+PRN20090622

Tammy D. Moon Page: 30 Seltzer, D (2009, May 13). South florida cyber crime criminal defense lawyer on cyber bullying bill. Retrieved from http://www.cybercrimelawyerblog.com/2009/05/south_florida_cyber_crime_crim_2.html Siegel, L., & Welsh, B. (2005). Juvenile delinquency the core. 2nd ed. Belmont, CA: Thomas Wadsworth. The Associated Press. (2009, August 19). Woman charged with cyber-bullying. Retrieved from http://www.nypost.com/p/news/national/woman_charged_with_cyberbullying_PXuJxe93 75B7LhJLDVG9JL The Megan Meier Foundation. (2009). The megan meier foundation - preventing bullying and cyber-bullying. Retrieved from http://www.meganmeierfoundation.org/ U.S. Department of Health & Human Services. (N.D.). Cyberbulling. Retrieved from http://stopbullyingnow.hrsa.gov/adults/cyber-bullying.aspx Willard, N.E. (2007). Parent guide to cyberbullying and cyberthreats. Retrieved from http://www.cyberbullying.org/cyberbully/docs/cbctparents.pdf Wolpert, S. (2008, October 02). Bullying of teenagers online is common, UCLA psychologists report. Retrieved from http://newsroom.ucla.edu/portal/ucla/bullying-of-teenagersonline-is-64265.aspx