INTERNET LAW - Bullying and Cyber-Bullying Prohibited under Florida Law

Source: Internet Business Law Services

Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008. The law is called "Jeffrey Johnston Stand Up for All Students Act" (Fla. Stat. section 1006.147), named after Jeffrey Johnston, a 15-year-old boy who committed suicide after being the object of bullying, including Internet bullying, for two years. This new Florida law prohibits bullying and harassment of any public K-12 student or employee, and requires public schools to adopt measures to protect students and employees from the physical and psychological effects of bullying and harassment.


The Florida Senate, quoting to a report by SafeYouth.org, stated that "bullying behavior can involve direct attacks, such as hitting, threatening or intimidating, maliciously teasing or taunting, name-calling, making sexual remarks, and stealing or damaging belongings, or more subtle, indirect attacks such as spreading rumors or encouraging others to reject or exclude someone." It also stated that bullies are four times more likely than non-bullies to be convicted of a crime by age 24, with 60% of bullies having at least one criminal conviction.

Thus, this Florida law is considered a safety measure for schools and the Florida community. Section 1006.147, titled "Bullying and Harassment Prohibited," proscribes bullying and harassment in Florida's K-12 public educational institutions; in any educational program or activity conducted by an educational institution; or through the use of data or software accessed by a computer, computer system, or computer network of a K-12 public educational institution. Hence, using the school e-mail network, even while at home, to bully or harass other students is prohibited by this Florida law. The law expressly defines "bullying" as the act of systematically or chronologically inflicting physical harm or emotional distress on a student. The law also provides examples of conducts that may result in bullying:

1. Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual or racial harassment;
9. Public humiliation; or
10. Destruction of property.

Harassment is defined as any verbal, written, or physical conduct that threatens, insults, or dehumanizes public school students or employees. Written harassment includes those committed through electronic means and the use of computer software. The conduct must be sufficient to place the student or employee in reasonable fear of harm against him or his property; and sufficient to interfere with the student"s school performance, opportunities, or benefits. The Florida anti-bullying law also penalizes those who induce or coerce others to bully or harass public school students or employees. Students, parents, volunteers, or employees that promptly and in good faith report bullying acts will be exempted from civil cause of actions against them.

The Florida anti-bullying law also mandates each school district to adopt a code of conduct against bullying and harassment by December 1, 2008. This code of conduct must protect all students regardless of their status under the law but the school districts are authorized to create student categories when drafting their school policies. In any event, the code of conduct must include a general prohibition of bullying and harassment; a definition of these terms; an expected student conduct and behavior; description of the consequences of falsely and wrongfully accusing others of bullying and harassment; the procedures for reporting bullying and harassment incidents, including anonymous reports; a procedure for the prompt investigation of these acts; a procedure to determine whether the acts are within the district school system; a procedure to notify parents and criminal authorities; a procedure to refer victims to counseling; among others.

The Florida Department of Education affords an additional protection for victims of bullying and harassment by, first, monitoring district school activities, including transportation, through permanent collection of data (24 hours a day, 7 days a week); and second, enhancing the School Environmental Safety Incident Reporting System (SESIR). This program allows district schools to report bullying activities and conducts an annual database management workshop.

The Florida anti-bullying and harassment law is definitely well received and the first intent to control youth behavior, including Internet behavior. Yet, questions arise as to the consequences incurred when violating this law. It is not clear under the text of this law whether its violation merely includes school disciplinary actions or whether subsequent criminal actions will be sought. This is an important question whose answer is yet to come.

Law and sociology have been close partners for centuries; another important question is where are the parents parenting? A sociological answer to this question might take us to the genesis of most bullying and harassment problems which is essential for state legislatures and school officials.

Impact of Cyberbullying

Victims of cyberbullying may experience many of the same effects as children who are bullied in person, such as a drop in grades, low self-esteem, a change in interests or depression. However, cyberbullying can seem more extreme to its victims because of several factors:

Occurs in children’s home. Being bullied at home can take away the place children feel most safe.

Can be harsher. Often kids say things online that they wouldn’t say in person, mainly because they can’t see the other person’s reaction.

Far reaching. Kids can send e-mails making fun of someone to their entire class or school with a few clicks, or post them on a Web site for the whole world to see.

Anonymity. Cyberbullies often hide behind screen names and e-mail addresses that don’t identify who they are. Not knowing who is responsible for bullying messages can add to a victim’s insecurity.

May seem inescapable. It may seem easy to get away from a cyberbully by going offline, but for some kids not going online takes away a major place to socialize.

Source: National Crime Prevention Council.

Sue Scheff: Web Friends Over Real Friends

By Connect with Kids

“All of these kinds of social worlds helps develop their ability to interact with people, and particularly, to do things like post a comment that might be a little controversial for example, and see what kind of reactions they get.”

– Larry Rosen, Ph.D., Professor of Psychology

Like many teens, Matt has tons of friends online. “My buddy list is full. It over 200 people in there. And it’s just all these people that have the same interests as me that I would have never met, if I just, you know, that don’t go to my school. They’re just around the country.”

According to a recent online survey, one in four kids say their internet friendships are equally or more important than friends met in person.

“Yeah, I mean, like. Cause of the internet, I’ve, you know, that’s where I found my social group, and I really kinda found out about myself,” agrees Matt.

But are these relationships healthy?

Experts say, on one hand, they give kids an opportunity to try out different personalities without consequence. “Kids are struggling to find out who they are. And who they are is in a lot of dimensions,” explains Professor of Psychology, Dr. Larry Rosen. “Who they are personally, what their skills are, but mostly it’s who they are in a social context, and that’s why these online social worlds like MySpace, all of these kinds of social worlds helps develop their ability to interact with people, and particularly, to do things like post a comment that might be a little controversial for example, and see what kind of reactions they get.”

But, on the other hand, Rosen says, like most things in life moderation is key.

“Because being in the virtual world, being in front of a screen all day is not sufficient for good teenage socialization. You need to have a combination of a screen life, and a real life,” he explains. “And so a good parent will make some sort of boundaries that say okay, you can have screen time, but after a certain amount of screen time you have to have some real outdoor time. Or some real communication time. And you can’t talk on the phone, it has to be face to face. You have to come talk to me, you have to go outside and hang out with some friends – you have to do something that’s in the real world.”

Tips for Parents

Most adults have an Internet-usage history that dates back no more than ten to fifteen years. But those growing up since the emergence of the Internet potentially could have their entire lives documented online. New parents can post online baby books for under $15 annually. Images once stored on a bookshelf at Grandma’s house can be available to the world without password protection. With Bunk1, the same can be said for memories of summer camp.

It is increasingly common for teens to have their own website. Many of these sites have a “blog”, where the owner can post running thoughts on a daily basis. Although some sites, like MySpace.com and LiveJournal.com, require users to be registered, membership is free and easy to obtain. If your child has a blog, encourage them to protect their blog so that can be read only by the friends and family they approve. Consider the following …

Only 10 percent of families posting their baby’s photos have the site protected with a password.
Many employers and colleges will enter a prospective applicant’s name in an Internet search engine to research their web presence.

Remind your child that not only friends and strangers, but also his or her parents, will be reading the blog.

Regularly monitor your child’s blog and immediately discuss any uncomfortable or inappropriate posts with your child.

It is very important to discuss various aspects of safety with your child, including the Internet and availability of information. Cite modern advances that have changed the world within the child’s lifetime and memory. Explain to your child that while your embarrassing photos and writings might be stored in a closet, an attic or even at Grandma’s home, the electronic versions your child might have will be much more accessible to anyone interested. Also, keep the following in mind:

If you do opt to post family photos online, be sure to place the images on a secure, password-protected site.

Search for names on an Internet search engine with your child to show him/her the possible places his/her information could be found.

Show your child how far e-mails, especially jokes and chain messages, can travel.

Monitor your child’s web usage and posts. An online diary usually does not have the same rights to privacy as a bound, handwritten journal because the online version is accessible to members of the public outside your home.

Know what posts, if any, you are able to delete from your child’s blog.

References
A Parent’s Guide to Internet Safety
Pew Internet and American Life Project
Kids Help Phone

Sue Scheff - Teens and Their Internet Addiction

In today's society, the Internet has made its way into almost every American home. It is a well-known fact that the web is a valuable asset for research and learning. Unfortunately, it can also be a very dangerous place for teens. With social networking sites like Myspace and Friendster, chat rooms, instant messaging, and online role-playing video games, our children are at access to almost anyone. Sue Scheff, along with Parent's Universal Resource Experts™, is tackling the dangers of the web.

Keeping tabs on our teens' online habits doesn't just keep them safe from online predators. More and more parents are becoming wary of the excessive hours their teens spend surfing the web, withdrawing from family, friends and activities they used to enjoy. Internet Addiction is a devastating problem facing far too many teens and their families. While medical professionals have done limited research on the topic, more and more are recognizing this destructive behavior and even more, the potential mental effects it can have.

Though the web is a great place for learning and can be safe for keeping in touch, it is important that families understand the potential risks and dangers to find a healthy balance between real and virtual life.

The Basics: The Dangers of Teen Internet Addiction

It’s clear that, for teenagers, spending too much time online can really deter social and educational development. The Internet world is such that there is always something new to do and to distract one from one’s responsibilities. We all do it- take ten minutes here or there to explore our favorite gossip or sports site. There is nothing wrong with using the Internet as a tool for research, news, and even entertainment. After all, the World Wide Web is the world’s most accurate, up to date resource for almost any type of information.

But as the Internet evolves and becomes more tailored to the individual, it grows increasingly easier to develop a dependency on it. This is especially true for teens- a group that tends to be susceptible to flashy graphics and easily enticed by the popularity of social networks. In a sense, the Internet is the new video game or TV show. It used to be that adolescents would sit in front of the TV for hours on end operating a remote, shooting people and racing cars. Now they surf the web. Teens are impressionable and can at times be improperly equipped to handle certain situations with a degree of reason and rationality. And although they may have good intentions, they might be at risk of coming across something inappropriate and even dangerous.

Learn more at Wrapped in the Web.

Sue Scheff: Don't Be Cyber Bullied!

By Love Our Children USA

Cyber Bullying is social terror by technology ... and it’s on the rise.

When a kid of any age, up to 18 is threatened, humiliated, harassed, or humiliated via use of technology --- this is Cyber Bullying. It’s harmful and it’s dangerous!

This social online terror is used through e-mail, cell phones, pager text messages, instant messaging, Web sites, online personal polling Web sites. It is done by kids deliberately and repeatedly and is used by an individual or group with the intention of harming other kids and teens.

It’s cool to use technology to talk to your friends and make new ones. While most kids use the Internet responsibly, others are using all of this technology to terrorize and Cyberbully!

Cyber Bullying is the perfect way for bullies to remain anonymous.

Cyber Bullying makes it easier for bullies because they are not face to face with their victim(s.)

Read Entire Article here: http://www.loveourchildrenusa.org/kidsteens_cyberbullying.php

Sue Scheff: SAFE EYES - Online Protection for Your Kids

Safe Eyes 5.0 Parental Control Software Receives Parents’ Choice Award

Safe Eyes™ 5.0, the latest edition of Internet parental control software from InternetSafety.com, has earned a 2008 Parents’ Choice Approved award from the Parents’ Choice Foundation. The award is the latest in a series of honors for the parental monitoring software, including two consecutive Editors’ Choice awards from PC Magazine.

“If you think your family’s safety requires Internet filtering and monitoring, whatever level, this program provides an array of options to get it done,” said the Parents’ Choice Foundation in its recognition of the Safe Eyes product. The 30-year-old foundation is the nation’s oldest non-profit program created to recognize quality children’s media, including books, toys, music and storytelling, software, videogames, television and websites.

“This commendation from the Parents’ Choice Foundation reflects the growing concern that parents have over their children’s Internet use as well as the wide range of control choices that Safe Eyes offers,” said Forrest Collier, CEO of InternetSafety.com. “Every child and every family is different, so flexibility is essential. The product lets parents decide how their children use the Internet.”

Safe Eyes is a comprehensive program that enables parents to easily block objectionable websites, control Internet use by length of time as well as time of day and day of the week, block or record instant messenger chats, and block peer-to-peer file sharing programs that may expose children to dangerous material. It also allows parents to limit email use to certain addresses, and receive alerts when children post inappropriate or personal information on social networking sites like MySpace and Facebook.

The software provides broader controls than any other filtering product, including the ability to define which websites will be blocked by category, URL and keyword; receive instant alerts about inappropriate online behavior by email, text message or phone call; and remotely change program settings or view reports from any Internet-enabled computer.

Safe Eyes is also the only program of its kind that can be used in mixed Mac/PC households. A single $49.95 annual subscription covers up to three Mac and/or PC computers with the ability to customize settings for each child and enforce them on any machine. The product’s website blacklist is updated automatically every day, eliminating the need for manual updates. Safe Eyes can be downloaded at http://www.internetsafety.com/affiliate/default.php?id=1044&p=/safe-eyes/.

All Parents’ Choice Awards winners are posted to the Parents’ Choice Foundation website (http://www.parents-choice.org/).

About InternetSafety.com
Established in 1999, InternetSafety.com specializes in providing Internet safety solutions. Its flagship software, Safe Eyes, is the two-time recipient of the PC Magazine Editors’ Choice Award and was rated as the #1 parental control solution by America’s leading consumer advocacy publication. The company’s Safe Eyes and EtherShield products are providing online protection for PCs and Macs in homes, businesses and schools across more than 125 countries.

Parents Universal Resource Experts (Sue Scheff) Internet Safety and Your Children

This Press Release is posted with the permission of InternetSafety.com - Visit Internet Safety for more vital information to protect your children online.


10 Tips For Keeping Your Kids Safe On Social Networks

ATLANTA, GA — May 28, 2008 — June is Internet Safety month. With hundred of millions of teens, pre-teens—and adults—around the world using social networking sites, there’s no better time for parents to be aware of the fun, the benefits, the powerful attractions, and the potential risks that MySpace, Facebook and other similar sites offer their children.

InternetSafety.com, the recognized leader in Internet safety solutions, has assembled a list of practical tips parents can use to ensure a safe networking environment for kids:

Show Interest — Ask questions about how your child’s preferred social networking site or sites work. Kids are generally happy to demonstrate their knowledge if you show genuine interest. You can even ask your teen to show you how to set up your own social networking site—a great way to visit your child’s page and see what’s been posted there.

Encourage Instinctive Responses — Kids often can instinctively do the right thing, which makes them their own first defense against those who may take advantage online. Encourage your children to avoid contact with people they “feel funny about.” Tell them to not reveal anything online they would not want a stranger to know. Limit the posting of pictures and remind them that once something is placed online, it can never be taken back.

Know Your Kids’ Passwords — If your child changes his or her password suddenly and refuses to share it with you, that’s trouble. Insist on knowing how to access his or her accounts—then keep their confidence by not sharing the information with their friends or siblings.

Set Hours for When Kids Can Access Social Networks — Late nights are the favorite time for predators to seek out their adolescent prey. Set firm limits not only for the time of day, but also the total amount of time, that your children may access social networking sites.

Be Aware of Alternate Access Points — Kids don’t have to access their social networks at home. Libraries, friends’ houses, even cell phones make the Internet easy to reach today. Keep up with what’s happening on your child’s social networking page and be aware when changes have been made despite the lack of access from home.

Exercise Your Parental Right to Supervise — There’s a difference between being snoopy and ensuring safe activity. You don’t have to read every last word of a personal message your son or daughter sends to a friend. But you do have the right—and the obligation—to see who your kids are talking to, and to know the general subject matter.

Check for Photos — By clicking on the Windows “Start” button, you’ll find the “Search” tool. Click on “Pictures, Music or Video,” the box next to “Pictures and Photos,” and finally “Search”. Ask your child to identify any photos of strangers, or any other pictures you find questionable.

Install Filtering Software — PC products like Safe Eyes allow parents to block or record Instant Messenger chats, limit email use to prescribed addresses, block objectionable Web sites (including peer-to-peer file sharing programs that often expose kids to inappropriate material), and receive alerts when kids post personal information on social networking sites.
Watch for CyberBullying — Encourage your children to tell you immediately if they are being harassed online. Children also need to know that it is not acceptable to be a party to cyberbullying—or to remain silent when they know others are being harassed.

Visit StopCyberBullying.org or StopBullyingNow.hrsa.gov for excellent tips and information.

Don’t Lecture — Finally, if you should find reasons for concern, don’t browbeat, insult or condescend to your child. Have a discussion about values and why they are important. Respect your child but be firm. And most of all, lead by example. Parents have a powerful ability to influence their child’s behavior—and nothing is more powerful than someone who not only talks values, but lives them.

“Parents should never feel that their level of involvement in their child’s social network activity is excessive. Since 1998, the National Center for Missing and Exploited Children’s CyberTipline has logged over 33,000 tips about children being enticed online for sexual acts,” said Shane Kenny, President and COO of InternetSafety.com. “Better that the parent error on the side of intrusion, rather than bear the consequences of doing nothing.”


About InternetSafety.com
Established in 1999, InternetSafety.com specializes in providing Internet safety solutions. Its flagship software, Safe Eyes, is the two-time recipient of the PC Magazine Editors’ Choice Award and was rated as the #1 parental control solution by America’s leading consumer advocacy publication. The company’s Safe Eyes and EtherShield products are providing online protection for PCs and Macs in homes, businesses and schools across more than 125 countries.

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