Cyber Harassment Laws - Thesis Example

Cyber Harassment Laws al Affiliation) Introduction This discussion will focus on a review of cyber-harassment laws; basically attempting to investigate the positive attributes of these laws; inadequacies associated with these laws as well as the provision of recommendations on how the application of these laws can be improved. With the increased use of social technology, there have also been increased cases of cyber-harassment. In order to curb this highly rising social menace, different states have enacted laws that would ensure that would ensure that incidences of cyber-harassment are reduced. However, the most imperative issues with the manner these laws have been implemented is the fact that each state has a certain level of uniqueness in relation to the manner these laws have been implemented or applied for instance: In the United States, the penal code in relation to cyber-harassment in Alabama is quite different with cyber-harassment penal code in Alaska. This simply means that these laws differ on their efficacy as well as challenges (Sternberg, 2014). Apart from the United States, other countries that have also implemented cyber-harassment laws, identifying it as a criminal offense is the Republic of Philippines, Canada as well as Australia. It is quite an important issue to investigate in the contemporary society with a purpose of eliminating possible flaws that may be associated with these laws, taking into consideration that communication technologies are replacing traditional modes of communication at an increasing rate (Sternberg, 2014). Background Information The concept of cyber-harassment has been described has an act of repeated electronic contacts, driven by the purposes of creating distress on the targeted recipient (Easttom & Taylor, 2011). However, in order to clarify such acts as harassments, most law-makers claim that a reasonable person, possessing similar information, must consider it sufficient to create distress on their targeted recipients. There are certain considerations that have been given a high sense of priority in relation to cyber-harassment. To begin with, targeted victims of cyber-harassment may not even be in a position to determine that they are being subjected under harassment. Additionally, cyber-harassment is usually accomplished through the use of communication technology, mostly through social-communication technologies; this may be undertaken by a group of individuals or in some cases just an individual (Easttom & Taylor, 2011). Sociologists have claimed that actions considered cyber-harassment are inclusive of; destruction of data, manipulation of one’s passwords, false accusations as well as transmission of threatening messages (Carpenter & Ferguson, 2009). Many states have considered posting a person’s private information on the internet as a serious form of cyber-harassment or portraying one as a racist person. During the early days of cyber-related abuses, approximately between 1995 and the late 1999, cyber-harassment and cyber-bullying were given different forms of descriptions; however, the contemporary society has gone to an extent of clumping the description of these two forms of abuse together (Sternberg, 2014). However, a significant number of states in the United States still identify these issues as unique and different, thus formulating varying laws in relation to how they should be managed. The New York Cyber-Harassment Penal Law (240.30) New York being one of the largest cities in the United States has enacted a cyber-harassment law that basically defines cyber-harassment, while also providing stipulations on how this technological crime can be handled. According to this penal law, a person is considered guilty of serious harassment if he/she acts with intent to harass a second party by communicating to the second party through email, electronic mail or by transmitting any form of information to threaten their targets, or cause physical or mental harm to their targets, of their family members or even their property, while knowing that the target will fear for harm on themselves as well as their property (www.ncsl.org). This law has other sub-clauses that also describe cyber-harassment and stipulates that if a person is found guilty of such an offense, he/she will be considered to have committed first degree or second degree crime taking into consideration his criminal record (www.ncsl.org). That is, a person that commits this crime and has a history of such crime will be charged with first degree offense. Adequacies of this Law Taking an analysis of this law and other laws together with the extent of cyber-harassment in the contemporary society, it is apparent that it satisfies certain aspects of needs that emerge from issues cyber harassment. To begin with, this law provides various comprehensive descriptions of cyber harassment, ensuring that no act that seems offensive in relation to cyber crime is left out. Additionally, the law defines what might be subject a guilty individual to being considered to have committed first degree or second degree offense; in this regard, it enhanced action taken to make punitive decision and also creates a scenario where first offenders may have a change of behavior, basically avoiding cyber-harassment. This law also exhibits adequacy by the fact that it does not only cover the target person, but extends towards hindering any form of cyber-harassment that may affect an individual’s family and property. Inadequacies of the Law An analysis of this law leads to the identification of certain possible flaws that could hinder its success in prevention of cyber-harassment in the United States. To begin with, the law does not indicate the specific punitive measures that one could be subjected to in case he/she is found guilty. This is a possible flaw that may lead to incidences of biased judgment or under-punishment when a person is found guilty. Moreover, the New York Cyber-harassment law does not stipulate how cyber-harassment undertaken in the dimension of violating a person’s personal privacy i.e. misuse of a one’s personal information could be handled. This creates a possible loophole for committing such cyber-related offenses. The other possible weakness of this law emerges from the fact that it is only applicable in New York, meaning that the commitment of such an offense could be handled differently in a state i.e. Alaska or Alabama. Recommendations Taking into consideration the fact that the New York Cyber-harassment law has three major possible weaknesses, there are certain actions that can be undertaken to ensure that the possibility of these flaws occurring is prevented. The first step that should be taken by policy makers is to integrate the aspect of cyber-harassment occurring on the context of utilizing one’s personal information inappropriately on social-communication technologies. The other actions that can be undertaken to improve the efficacy of this law is through mainstreaming punitive measures into the clauses as a means of avoiding bias. Consequently, there is a possibility that the New York Cyber-harassment law may be or may not be the most effective, in this regard, States should consider formulating universal cyber-harassment laws collaboratively to ensure uniformity and efficacy in relation to the manner these crimes are managed. Conclusion In order to ensure that the recommendations provided herein are effectively implemented policy decision-makers may ensure that a consultative approach is applied in making the recommended changes, beginning with making the law universal in the context that all the states have similar cyber-harassment laws, thus avoiding associated challenges. Additionally, the essence of mainstreaming the component of misuse of personal information and punitive measures may be undertaken through collaborative reviews, ensuring the various perspectives with regard to inclusion of these aspects into the existing law is applied thus facilitating its efficacy. References State Cyberstalking and Cyberharassment Laws. (n.d.). Retrieved November 21, 2014, from http://www.ncsl.org/research/telecommunications-and-information-technology/cyberstalking-and-cyberharassment-laws.aspx Top of Form Bottom of Form Sternberg, J. (2014). Misbehavior in cyber places: The regulation of online conduct in virtual communities on the Internet. Lanham, Md.: University Press of America. Top of Form Bottom of Form Easttom, C., & Taylor, J. (2011). Computer crime, investigation, and the law. Boston, MA: Course Technology. Top of Form Bottom of Form Carpenter, D., & Ferguson, C. (2009). The everything parents guide to dealing with bullies: From playground teasing to cyber bullying, all you need to ensure your childs safety and happiness. Avon, Mass.: Adams Media ;. Read More