Thursday, November 29, 2007

Are new policies about cyber-bullying necessary?

I saw an article from the New York Times this week, which can be located here

It mentions how some school districts and cities have created new policies about online social networks and/or cyber-bullying. Namely, to make it a crime. I'll admit that I am not a legal scholar, but all of my research into online social networks, online communities and communicative technologies, with regards to both student development and legal implications, to name a few, indicates that creating new policies to address every specific act/behavior or means of conveying those acts/behaviors would be a mistake.

By creating a policy to make cyber-bullying a crime, a city might be implying that before the policy, cyber-bullying wasn't a crime, or not enforceable. Thus, it implies that every particular iteration of online behavior that would be a crime if done in real life (i.e. slander/libel, hate crimes/incidents, stalking) is not actionable until a policy is written for it. As you can see, this creates an infinite number of loopholes.

My suggestion, instead, is to examine existing policies for breadth, and inclusivity. Revisions to current policies should expand them to include whatever means of conveyance whatever actionable behaviors occur through. That way, we would not need to add a policy for cellphone bullying, or video game message bullying, etc.

This may not be as directly related to student success, but imagine the harm to our students, and societies, if we create a number of policies meant to address very specific things and

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