Cyberbullying Bill May Ensnare Free Speech Rights

FOX: A bill introduced in the House of Representatives last month by Rep. Linda Sanchez, D-Calif., is designed to prevent cyberbullying, making it punishable by a fine and up to two years in prison.
"We have existing harassment statutes in all 50 states that already cover this problem," says Parry Aftab, a lawyer and Internet security expert who's at the forefront of the anti-cyberbullying movement. "We don't need Linda Sanchez's law."
Even Sanchez's attempt to define the term "cyberbullying" poses problems, said UCLA law professor Eugene Volokh.
"The bill defines it as 'using electronic means to support severe, repeated and hostile behavior,' but what does 'severe, hostile and repeated behavior' mean?" he asked.
"I've written articles opposing the bill that have appeared online. That's electronic and -- because I've written a few of them -- repeated. I was also severe and hostile in my criticisms. Under her law, I can now go to jail."
And so could many political commentators and Web bloggers who earn their keep by being confrontational and inflammatory. A TV host like MSNBC's Keith Olbermann, who's been openly and repeatedly hostile to former Vice President Dick Cheney on his Web site, would not be safe from prosecution, the analysts say.
Even advocates of child safety on the Internet say the bill is impractical, at best.
"Even if you wanted to, you can't legislate against meanness," said Larry Magid, co-director of ConnectSafely.org. "It's contextual. If I call you fat, maybe I was bullying, or maybe I was concerned about your health, or maybe it was a relatively innocuous slight."
The bill's critics also note that the law is intended to protect minors from minors, but that doesn't show up in its language.
As written now, the bill would also apply to adults, says John Morris, general counsel for the Washington, D.C.-based Center for Democracy and Technology.
And, he said: "It's not clear from any of the data that cyberbullying among adults is an issue."
Morris said cyberbullying is a local problem best solved at the local level.
"Most research suggests cyberbullying is most appropriately handled with more education, in school. It's hard to imagine how federalizing the matter accomplishes this," he said.
The bill is named after Megan Meier, the Missouri 13-year-old who committed suicide in 2006 after a classmate's mother, Lori Drew, pretended to be a teenage boy and tormented her on the MySpace social-networking site.
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