The first things you need to know about cyberbullying are that it’s not an epidemic and it’s not killing our children. Yes, it’s probably one of the more widespread youth risks on the Internet and yes there are some well publicized cases of cyberbullying victims who have committed suicide, but let’s look at this in context.

Bullying has always been a problem among adolescents and, sadly, so has suicide. In the few known cases of suicide after cyberbullying, there are other contributing factors. That’s not to diminish the tragedy or suggest that the cyberbullying didn’t play a role but–as with all online youth risk, we need to look at what else was going on in the child’s life. Even when a suicide or other tragic event doesn’t occur, cyberbullying is often accompanied by a pattern of offline bullying and sometimes there are other issues including long-term depression, problems at home, and self-esteem issues. And the most famous case of “cyberbullying”–the tragic suicide of 13-year-old Megan Meier–was far from typical. Cyberbullying is almost always peer to peer, but this was a case of an adult (the mom of one of Megan’s peers) being accused of seeking revenge on a child who had allegedly bullied her own child.

And, as per “epidemic,” it depends on how you define cyberbullying.

The most commonly recognized definition of bullying includes repeated, unwanted aggressive behavior over a period of time with an imbalance of power between the bully and the victim. In theory, that also covers cyberbullying, but some have taken a broader approach to cyberbullying to also include single or occasional episodes of a person insulting another person online. Indeed, because of the possibility of it being forwarded, a single episode of online harassment can have long-term consequences. “‘Power’ and ‘repetition’ may be manifested a bit differently online than in traditional bullying, Susan Limber, professor of psychology at Clemson University, said in an interview that appeared in a publication of the U.S. Department of Education’s Office of Safe and Drug-Free Schools. She added, “a student willing to abuse technology can easily wield great power over his or her target just by having the ability to reach a large audience, and often by hiding his or her identity.”

Manifestations of cyberbullying include name calling, sending embarrassing pictures, sharing personal information or secrets without permission, and spreading rumors. It can also include trickery, exclusion, and impersonation.

Fuzzy numbers

Partly because there is no single accepted definition of cyberbullying, the extent of the problem is all over the map. I’ve seen some reports claim that up to 80 percent of online youth have experienced cyberbullying, while two national studies have put the percentage closer to one-third. A UCLA study conducted in 2008 found that 41 percent of teens surveyed reported between one and three online bullying incidents over the course of a year.

A recent study by Cox Communications came up with lower numbers, finding that approximately 19 percent of teens say they’ve been cyberbullied online or via text message and 10 percent say they’ve cyberbullied someone else.

One thing we know about cyberbullying is that it’s often associated with real-world bullying. The UCLA study found that 85 percent of those bullied online were also bullied at school.

Signs of cyberbullying

It’s not always obvious if a child is a victim of cyberbullying, but some possible signs include: suddenly being reluctant to go online or use a cell phone; avoiding a discussion about what they’re doing online; depression, mood swings, change in eating habits; and aloofness or a general disinterest in school and activities. A child closing the browser or turning off the cell phone when a parent walks in the room can be a sign of cyberbullying, though it can also be a sign of other issues including an inappropriate relationship or just insistence on privacy.

Preventing and stopping cyberbullying

After struggling with a school-wide bullying problem, Aaron Hansen, principal of White Pine Middle School in Ely, Nev., told Fox News that he asked the kids to fill out a survey indicating when the bullying took place and who the bullies were. He then invited the alleged offenders into his office to tell them “your peers feel that like you’re not very nice to people at times and they feel like sometimes you’re a bully.” Based on working with those kids and working with their needs–including problems at home–the school was able to reduce the problem.

Not every situation will resolve itself quite so easily, but identifying the reasons kids are acting as bullies can go a long way toward preventing it as can educational programs that stress ethics and cyber citizenship (“netiquette”). It also helps kids to know what to do if they are victims of bullying. At ConnectSafely.org (a site I help operate) we came up with a number of tips including: don’t respond, don’t retaliate; talk to a trusted adult; and save the evidence. We also advise young people to be civil toward others and not to be bullies themselves. Finally, “be a friend, not a bystander.” Don’t forward mean messages and let bullies know that their actions are not cool.

If your child is a victim of cyberbullying, don’t start by taking away his or her Internet privileges. That’s one reason kids often don’t talk about Net-related problems with parents. Instead, try to get your child to calmly explain what has happened. If possible, talk with the parents of the other kids involved and, if necessary, involve school authorities. If the impact of the bullying spills over to school (as it usually does), the school has a right to intervene.

Be careful what we legislate

There are lots of state laws that focus on cyberbullying, some requiring schools to provide educational resources. While I’m all for education, I think we need to be careful about any legislation that outlaws cyberbullying. U.S. Rep. Linda Sanchez (D-Calif.) has proposed H.R. 1966, well meaning legislation that could imprison for up to two years, “whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior.” On the surface, it seems fine but as UCLA law professor Eugene Volokh has pointed out, it could also be used to punish political and other forms of speech. “I try to coerce a politician into voting a particular way, by repeatedly blogging (using a hostile tone),” he writes, “I am transmitting in interstate commerce a communication with the intent to coerce using electronic means (a blog) “to support severe, repeated, and hostile behavior.” Professor Volokh said that if the law is passed, he expects it to be “struck down as facially overbroad.”

This post originally appeared on SafeKids.com

by Larry Magid

What Lori Drew allegedly did to Megan Meier was despicable, but it doesn’t justify her conviction late last month for violating federal laws designed to keep hackers from invading computer networks.
Two years ago, Megan, a 13-year-old Missouri girl, hanged herself after her online friend “Josh Evans,” who had befriended her on MySpace, reportedly told her that he didn’t want to be friends with her and that the world would be better off without her. But Josh was in fact Drew, a 49-year-old mother of one of Megan’s former friends.

According to published reports, Megan had been mean to Drew’s daughter and Josh’s fake online relationship with Megan was a way for Drew to retaliate.

During the trial in Los Angeles, it was revealed that some entries made by Josh were typed by Ashley Grills, a then-18-year-old employee of Drew who was a witness for the prosecution and was not prosecuted.

The case has widely been characterized as a legal assault on cyberbullying, though it is extremely unusual for an adult to bully a teen. There is no reason to believe that Drew intended for Megan to kill herself, but the case against Drew is frequently cited as a warning to would-be bullies that their actions could bring severe consequences to both their victims and themselves.

From what I can gather, this is a case of a squabble between two 13-year-old girls and a mother who intervened in a terribly immature and inappropriate way. Adults are supposed to help young people peacefully resolve problems, not exacerbate them. This is not so much a case of cyberbullying as a case of bad parental intervention that had tragic consequences.

We need to fight against rude, deceitful and cruel behavior on and off the Internet. But that doesn’t justify a reinterpretation of anti-hacking laws to jail people who misuse Internet services.
The legal theory behind the prosecutor’s case is that Drew violated MySpace’s terms of service that prohibit misrepresenting your identity and harassing others. MySpace rules, which Drew says she hadn’t read, require that “all information you submit is truthful and accurate.” Clearly Drew lied. But so have a lot of other people.

She was prosecuted under Section 1030 of the U.S. Code, which was crafted to protect against unauthorized access to computer networks to cause damage, steal information or money or jeopardize national security. As far as I can tell, the law was not designed to prevent people from lying about their identity or otherwise violating rules on a publicly available online service. But that didn’t stop the jury from convicting Drew of misdemeanor violations. The jury refused to go along with the prosecution’s felony charges.

Based on this case, I’m one of millions of people who might also be guilty of a federal crime. I didn’t harass anyone, but I did violate MySpace’s terms of service by creating several fake identities with a variety of ages to test privacy features for teenagers while I was researching a book about MySpace in 2006.

And what about police officers who pose as teenagers to lure would-be predators? Should they have to request immunity from federal prosecution each time they engage in such a sting operation? I’ve even heard cases of law enforcement people advising kids to lie on their profiles to protect their privacy. Should they be indicted for conspiracy?

There are plenty of adults who lie online about their age. I have a friend who set up a profile on an online dating service using a false age, an old photograph and the exaggerated claim that he was “athletic.” A date might have cause to be disappointed or angry at him, but should she have the right to demand a federal prosecution?

Even Megan, with her mom’s knowledge, lied about her age. She was 13 and, at the time, MySpace required users to be at least 14. MySpace recently started allowing 13-year-olds to sign up.
The usual penalty for violating terms of service is to be kicked off the service. Had MySpace decided to go after Drew in court, it could have done so as a civil matter. But it’s not up to federal prosecutors to take it upon themselves to enforce a company’s online agreement with its members, especially if that company never asked for federal intervention.

I can understand why a jury wanted to punish Drew for what happened to Megan. But it’s not clear to me that putting Drew in prison on a hacking charge will help prevent cyberbullying or future tragedies.

What is needed is an educational campaign that makes bullying or harassing just as unacceptable as racial epithets or subjecting others to secondhand smoke. Cyberbullying is a real problem but it requires serious long-term solutions, not quick fixes and prosecutorial hijinks.