Cyber-abuse: Legal Issues
Susan W. Brenner NCR Distinguished Professor of Law & Technology University of Dayton School of Law Overview
Cyber-abuse: Harassment Stalking Threats Defamation Invasion of privacy Imposture [Cyberbullying] Harassment, Stalking & Threats Harassment
Cyber-harassment: Origins in phone harassment (annoying &/or obscene calls) With “intent to harass, annoy or alarm” another . . . but with no intent of legitimate communication uses a computer to communicate with him/her (Indiana Code 35-42-2-2)
State v. Ellison (Ohio App. 2008) Comment on MySpace said Gerhard molested her brother + similar comment on friend’s MySpace page Gerhard saw comments, Ellison prosecuted Held: no harassment Not communicated to Gerhard Legitimate purpose = no purpose to harass Stalking
Cyber-stalking: Crime of real-world stalking emerged in 1980s Follow/contact another without consent for the purpose or harassing or intimidating the person Harassing/intimidating = emotional distress b/c fear for safety Contact = personal, phone, online Huggins v. Boyd (Ga. App. 2010): Former student pursued professor from SC to Georgia Emails to Boyd, supervisors, faculty, friends (1 was 65 pages) No overt threats Mid-1990s – 2010 . . . Threats
Crime: “true threat” to inflict death/serious bodily injury Harm: emotional distress and/or inchoate crime . . . ? 18 USC 875(c): transmit threat to injury person in interstate or foreign commerce
U.S. v. Alkhabaz (6th Cir. 1997) Posted violent, sadistic sexual fantasies online about woman in his classes who also lived in his dorm She saw them, he was prosecuted under 875(c) Court: no “threat” Fantasies Not communicated to her Defamation, Invasion of Privacy & Imposture Defamation Crime: “malicious publication in any manner . . . of anything which tends . . . to expose any person to hatred, contempt or ridicule” La. Stat. 14:47
David Dabbert, Waukesha, Wisconsin (2000): Boss fired him so he posted an add in her name on the “Sex on the Side” website: Her name, email, phone, description, desire for “someone to make me their slut for the night” while “hubby” was gone None of it was true “Email offers poured in” Prosecuted for defamation Invasion of Privacy Crime: Knowing he is not entitled to do so and When reasonable person would know another may engage in sexual acts observes the person without their consent under circumstances in which a reasonable person would not expect to be observed NJ Stat. 2C:14-9
Tyler Clementi
Cf. Robert Steinbuch Imposture Crime: “Impersonates another . . . for the purpose of obtaining a benefit for himself . . . “ N.J. Stat. 2C:21-17
Indiana case: Fellow who works in a church creates Facebook pages using the names of sisters (16 and 23) and uses pages to have online sex with men Sisters’ minister finds pages, asks about them, they’re horrified
Prosecuted for cyberstalking/harassment . . . Cyberbullying High-Profile Cases
Megan Meier (October 2006): suicide
Phoebe Prince (January 2010): suicide
Tyler Clementi (September 2010): suicide Cyberbullying & Suicide
Suicide is not a crime Model Penal Code 210.5 Cause suicide = homicide IF Done purposely W/force, duress, deception In none of these cases did bullies INTEND to cause the person to commit suicide Even if they had, proving causation would be difficult Cyberbullying & Prosecution
Harassment (electronic)
Stalking: Electronic + Emotional distress
Defamation
Threats
Invasion of privacy (?)
Imposture (?) Cyberbullying: A New Crime?
Each “crime” targets a separate and distinct “harm” Murder = taking life Theft = taking property
No need for a cyberbullying crime IF existing laws Are adequate to address the problem Can be made adequate to address it
Virtue of relying on established laws is that we know how to apply them CYB3RCRIM3