Pointing to the Center

Been a little more distracted for the past two weeks. For my followers, I apologize. For new visitors, please continue to check back. More to come soon.

Send post as PDF to

Alaska

Sec. 11.61.120. Harassment.

(a) A person commits the crime of harassment if, with intent to harass or annoy another person, that person

(1) insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response;

(2) telephones another and fails to terminate the connection with intent to impair the ability of that person to place or receive telephone calls;

(3) makes repeated telephone calls at extremely inconvenient hours;

(4) makes an anonymous or obscene telephone call or a telephone call that threatens physical injury; or

(5) subjects another person to offensive physical contact.

(b) Harassment is a class B misdemeanor.  ¹

Note:  No specific reference to electronic communication; however, (a)(1) is a broad statutory provision.

Send post as PDF to

Technorati Tags: Alaska, Challenges, Class B Misdemeanor, Electronic Communication, Harassment, Harrasment, Inconvenient Hours, Insults, Reference, Sec, Statutory Provision, Taunts, Telephone Call, Telephone Calls, Telephones, Violent Response

This blog does not, nor does its authors, or any affiliated party endorse or takes a position on the following content. We do not have control of its content. It is provided here as part of the overall dialog of this blog.

Background and Commentary
The Ad Council describes itself as an organization which strives to improve the lives of Americans.  [1.  http://www.adcouncil.org/default.aspx?id=68 ]  The Ad Council states it’s primary activities are as follows:

The Ad Council is a private, non-profit organization that marshals volunteer talent from the advertising and communications industries, the facilities of the media, and the resources of the business and non-profit communities to deliver critical messages to the American public. The Ad Council produces, distributes and promotes thousands of public service campaigns on behalf of non-profit organizations and government agencies in issue areas such as improving the quality of life for children, preventative health, education, community well being, environmental preservation and strengthening families. [2 Id. ]

If you went to school in the US you are probably familiar with the AD council from their different promotions.  I specifically recall the Just Say No campaign and Saying No to Stranger campaigns.  The following videos are distributed by the Ad Council.

As I continue to compile the different state laws, the following is something to consider.

Illuminating Cyberbullying

Send post as PDF to

Technorati Tags: Array, Communications Industries, Council States, Critical Messages, Cyberbullying, Dialog, Different Promotions, Government Agencies, Health Education Community, Issue Areas, Non Profit Organization, Preventative Health, Profit Communities, Profit Organization That, Profit Organizations, Public Service Campaigns, Quality Of Life, State Laws, Stranger, Strengthening Families, Volunteer

Commentary
In the beginning, I was going to wait and post the individual state statutes all at once.  I have changed my mind and will post the statutes for each state as I have them available.  I will then go back to each state and expand on each state as appropriate.

Send post as PDF to

Penal Code Sec. 42.07

Harassment

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person’s control to be used by another to commit an offense under this section; or

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

(b) In this section:

(1) “Electronic communication” means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

(A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and

(B) a communication made to a pager.

(2) “Family” and “household” have the meaning assigned by Chapter 71, Family Code.

(3) “Obscene” means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

The Texas statute specifically addresses electronic communications.  ¹

Send post as PDF to

Technorati Tags: Array, Bodily Injury, Code 3, Conveyor, Electronic Communication, Electronic Communications, Electronic Mail, Facsimile Machine, Felony, Harassment, Harrasment, Initiates, Instant Message, Message Network, Optical System, Penal Code, Section 1, Telephone Call, Telephone Communications, Torment, Wire Radio

Commentary

As I indicated in the previous post, I will be exploring “cyber bullying” in depth for awhile.  As you might expect, this will take some time to develop the current legal mechanisms in different states.  Additionally, I have prior commitments for the next week which will pull me away from this work.  I leave you with some articles and post which I found interesting that should leave you with some thought on the issue:

Note:  I do not endorse any statement, position, product or anything else a particular site might be advancing or stating.  I provide the following as a way to “spur” your thoughts on the matter.  Some sites may be objectionable.

1.  http://blog.pcpandora.com/2009/01/05/laws-won%E2%80%99t-deter-cyberbullying/

2.  http://www.eschoolnews.com/news/top-news/index.cfm?i=56528 [1.  http://q-ontech.blogspot.com/2008/12/top-educational-technology-stories-of.html ]

3.  http://urbansemiotic.com/2008/12/26/beating-the-cyberbully/

4. http://www.quizlaw.com/blog/another_law_designed_to_keep_l.php

5.  http://www.villainouscompany.com/vcblog/archives/2008/12/the_internet_as_1.html

6.  http://gigaom.com/2008/11/29/why-the-lori-drew-decision-was-a-bad-one/

Send post as PDF to

Technorati Tags: Blogspot, Bullying, Commitments, Current, Cyber, E2, Educational Technology, Index Cfm, Legal Mechanisms, Lori, News Index, Ontech, Php 5, Top News, Top Stories, Will Take Some Time, Www News

Section 13A-11-8

Harassment or harassing communications.

… [Section (a) has been redacted ] …

(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

¹

As you will note in the Alabama statute (b)(1)(a) encompasses communications by electronic means.  ²  The latest revision of the statute appears to have been in 1997.  ³

Send post as PDF to

Technorati Tags: Array, Business Communications, Business Telephone, Class C Misdemeanor, Communications Section, Electronic Communication, Harassment, Harrasment, Legitimate Business, Mail, Obscene Words, Section 13a, Section 8, Telegraph, Telephone Call, Telephone Communications, Telephones, Written Communication

The National Conference of State Legislatures has compiled the following list of laws related to “Computer Harrasment or Cyber Stalking Laws.”  [1.  http://www.ncsl.org/programs/lis/cip/stalk99.htm ]

STATE	CITE
Alabama	Ala. Code § 13A-11-8
Alaska	Alaska Stat. § 11.41.260, 11.41.270, § 11.61.120
Arizona	Ariz. Rev. Stat. § 13-2921
Arkansas	Ark. Code § 5-41-108, 5-27-306
California	Cal. Civil Code § 1708.7, Cal. Penal Code §§ 422, 646.9, 653m
Colorado	Colo. Rev. Stat. § 18-9-111
Connecticut	Conn. Gen. Stat. § 53a-182b, § 53a-183
Delaware	Del. Code tit. 11 § 1311
Florida	Fla. Stat. § 817.568, § 784.048
Georgia	Georgia Code §§16-5-90, 34-1-7
Hawaii	Hawaii Rev. Stat. § 711-1106
Illinois	720 Ill. Comp. Stat. § 5/12-7.1, 5/12-7.5, 135/1-2, 135/1-3, 135/2
Indiana	Ind. Code § 35-45-2-2
Iowa	Iowa Code § 708.7
Kansas	Kan. Stat. § 21-3438
Louisiana	La. Rev. Stat. § 14:40.2,  La. Rev. Stat. § 14:40.3
Maine	Me. Rev. Stat. tit. 17A § 210-A
Maryland	Md. Code tit. 3 § 3-805
Massachusetts	Mass. Gen. Laws ch. 265 § 43, 43A
Michigan	Mich. Comp. Laws § 750.411h, 750.411i, 750.411s
Minnesota	Minn. Stat. § 609.749
Mississippi	Miss. Code § 97-29-45, § 97-45-15
Missouri	Mo. Rev. Stat. § 565.225
Montana	Mont. Code § 45-8-213
Nevada	Nev. Rev. Stat. § 200.575
New Hampshire	N.H. Rev. Stat. § 644:4
New York	New York Penal Law § 240.30
North Carolina	N.C. Gen. Stat. § 14-196, 14-196.3
North Dakota	N.D. Cent. Code § 12.1-17-07
Ohio	Ohio Code §  2903.211, 2913.01(Y), 2917.21(A)
Oklahoma	Okla. Stat. tit. 21 § 850, 1172
Oregon	Or. Rev. Stat. § 163.730, 166.065
Pennsylvania	Pa. Cons. Stat. tit. 18 § 2709, § 2709.1
Rhode Island	R.I. Gen. Laws § 11-52-4.2, § 11-52-4.3
South Carolina	S.C. Code § 16-3-1700(A)(2), 16-3-1700(B)
South Dakota	S.D. Cod. Laws § 22-19A-1
Tennessee	Tenn. Code § 39-17-308
Texas	Tx. Penal Code 42.07
Utah	Utah Code  § 76-9-201
Vermont	13 V.S.A. § 1027, 1061, 1062, 1063
Virginia	Va. Code § 18.2-60 18.2-152.7:1
Washington	Wash. Rev. Code § 9.61.260, 9A.46.020, 9A.46.110, 10.14.020
West Virginia	W. Va. Code § 61-3C-14a
Wisconsin	Wis. Stat. § 947.0125
Wyoming	Wyo. Stat. § 6-2-506

The following is taken from the referenced website.

Send post as PDF to

Technorati Tags: 13a, 17a, 53a, Ariz, C Code, Code 39, Cyber Stalking Laws, Georgia Code, Georgia Georgia, Harrasment, Hawaii Hawaii, Iowa Code, Iowa Iowa, Mississippi Miss, National Conference Of State Legislatures, New York Penal Law, Penal Code 422, Pennsylvania Pa, Utah Code, Utah Utah

Commentary

Most stories begin at the beginning.  In the next series of post, I will start at the “end.”  I will look at the definition of “Cyber Bullying” and then look at the ways different states have or are approached the issue.  After exploring these two different avenues, the latter being more in depth, I will look at different reported cases which have brought media attention and, keeping with the spirit of this blog, how the event was reported.

Background

Finding a definition for “Cyber Bullying” can be defined numerous ways.  “Cyber-bullying (predominantly spelled cyberbullying by many researchers) is when someone repeatedly makes fun of another person online or repeatedly picks on another person through emails or text messages, or uses online forums and postings online intended to harm, damage, humiliate or isolate another person that they don’t like.” ¹  Black law does not currently define “cyber bullying” or either term individually.  The Oxford American Desk Dictionary and Thesaurus defines Bully as a “person intimidating others. 1) persecute 2) pressure (a person) to do something.” ²  This edition of the Oxford does not define “Cyber.”  It is harder to actually define this word.  That being said, I will use it in the common use sense, which in my opinion, which includes but is not limited to the Internet.  I will also include the term to mean technology that is non-biological.  (e.g. computers, networks, telephone, robotic technology, etc.)

Commentary

Putting both together, the use of intimidation by means of technology.  Obviously, the most current use is related to the Internet, but by no means do I suggest it is restricted to that.

As we explore how different states have began to address this issue, a better development of what “Cyber Bullying” entails as it relates to the legal system.  The review will be limited to the laws of the United States, both state and federal.  At the conclusion of this exploration, we will have the chance see how different news reports and events of “cyber bullying” fall in line to addressing this “crime.”

Send post as PDF to

Technorati Tags: American Desk, American Dictionary, Avenues, Bett, Bully, Computers Networks, Cyberbullying, Desk Dictionary, Dictionary And Thesaurus, Dictionary Thesaurus, Humiliate, Intimidation, Media Attention, Oxford, Oxford Dictionary, Patchin, Pg, Postings, Robotic Technology, Sage Publications, Schoolyard, Text Messages, Thesaurus, Wikipedia

Commentary

I have a particular interest in cyber crimes.  It is derived from my background.  I have worked in computer networking and in programming (or coding for the geeks) for close to ten years prior to attending law school.  Since graduating law school and the start of practicing law, I have been a spectator rather than an active participant in the intersection of the two careers.  Perhaps I will have the opportunity to use the combination of both skills soon.

Anyone paying attention to cyber crimes and the law will note that the legal system has been slow to adjust to this new “frontier.”  This is nothing new.  The law has historically slow to adapt to new threats until after the fact.  This is not so much a criticism but rather an observation and perhaps a ‘virtue’ of the legal system.  By virtue, I mean that the steady application of the law allows those bound by that law to know what to expect in its application.

This is not to say that current laws can not be applied to cyber crimes.  In fact, district attorneys/prosecuting attorneys have been ‘creative’ (for lack of better word) in applying traditional laws to crimes committed in the “new frontier.”

I will be looking at various events/issues that involve cyber crimes and how they were reported and how they were prosecuted.

Send post as PDF to

Technorati Tags: Application Of The Law, Bound, Careers, Computer Networking, Creative, Cyber Crimes, Cyber Law, District Attorneys, Geeks, Internet Crime, Intersection, Law School, New Frontier, Observation, Opportunity, Participant, Paying Attention, Prosecuting Attorneys, Spectator, Virtue