Cyber Bullying Laws in New York State

Olivia McElwain
Cyber Bullying in New York

March 21, 2010. October 16, 2006. April 6, 2009. January 14, 2010. September 22, 2010.

March 21, 2010 sticks out in my mind. It was a Sunday, and I went to the tennis courts to see my friends. One friend told me he heard a girl died in our school. She was a senior. I asked my sister who was also a senior at that time if she has known her. My sister said yes, that they played soccer together and knew each other from elementary school. Her name was Alexis Pilkington.

The next day was a Monday, and we went to school not knowing what to expect. What were we supposed to do when one of our own has taken her own life? The school was devastated, to say the least. Teachers roamed the hallways, trying to be brave, but some broke down in tears and could not hide their emotions. Some teachers still taught and acted like it did not happen. In those classes, the students cried quietly to themselves, so no one would overhear. Other teachers allowed for the day off. They asked the students to share stories about Lexi, and to just relax for the day. The music wing was used as a grieving area for those who felt sad or empty. No one smiled that day. Smiling meant that you did not care or that you were insulting Lexi’s memory. Those who smiled did it privately and were scorned for being so ignorant.

Everyone in the school knew what happened. Everyone felt each other’s pain. The day was slow, depressing and filled with tears or “what if”.

New information began to emerge about Lexi’s suicide. She was cyber bullied, and the day after it happened, people began posting nooses on her memorial page on Facebook. They wrote crude things about Jews and how Lexi was stupid. Even after she died, these people would not let up.
Although her parents say that cyber bullying played a little role in her Lexi’s choice, it still played a part. Even if her choice to end her own life did not have to do solely with the Internet, the fact that kids decided to taunt her about her death in an indicator that she was bullied, and that it would never stop. If it was this bad after she died, what was it like before?

All of her friends were outraged by the rude messages and decided to do something about it. Our school now has a boycott against a website called Formspring.me. This website was the site where all the insults Lexi faced resided. Most of our school no longer uses the website, but many do, and many are constantly and anonymously taunted.

During all of this, New York State did nothing. No charges were brought up against the criminals who caused Lexi’s death. The school did not punish the students who insulted the girl’s death. Our school is still astonished even after a year. We’re still fighting for the justice Lexi’s young life deserves.

The other dates like September 22, 2010 or October 16, 2006 are the dates of those who committed suicide due to cyber harassment or cyber bullying. Those like Alexis Pilkington were placed in the bitter world of the Internet where one can post anything even if it is considered discriminatory. While some victims like Tyler Clementi’s or Phoebe Prince’s lives are being justified by the criminal charges being brought up against their bullies, Alexis Pilkington’s death goes unwarranted. New York State did not do anything about a seventeen year old girl killing herself because of bullying.

Formspring, Facebook, Twitter, Tumblr, Omegle, Oovoo, so many websites offer the chance to meet new people and say things. However, these websites also offer a chance for people to hurt others. Some can hurt publicly such as Facebook or Twitter while some offer to humiliate people anonymously such as Formspring and Tumblr. Now, most of these websites’ intentions were not for people to be hurt or chastised, but that is what this has come to.

New York State’s cyber laws are sanctioned into three parts. The three parts consist of cyber bullying, cyber stalking, and cyber harassment. However, New York State’s cyber bullying laws are hidden. Upon researching “cyber bullying laws” I did not find New York State on any list of states that offer consequences for cyber-bullying. However, when narrowing my search to just “New York State cyber bullying laws’, I found that the law is minimal. The New York State mandates that a person who is convicted of “cyber harassment” is sentenced as a Class A Misdemeanor (National Conference of State Legislature). This can mean a lot, or this can mean very little. A person can be sentenced to one year in jail or pay a fine of $4,000. This usually does not occur because most cases against cyber bullying are thrown away. New York State also dictates that “cyber bullying” is an educational law which means that the state dictates each public school must educate children on the effects of cyber bullying and offer sources on how to get help. Because cyber bullying is an educational law, no consequence exists for those who commit it. Lastly, New York State law also does not have any sort of law for cyber stalking.

New York State has a population of 18, 976, 457 people. Approximately 750, 000 people attempt suicide each year while 30, 000 end up dying from suicide (“Suicide FAQ’s”). Bullying victims are two to nine times more likely to commit suicide (“Bullying Statistic”). New York State cannot help those who die after being bullied. New York State cannot justify their death and put the bullies in their place. Instead, these bullies walk around free and ready to cause another teen to commit suicide. New York State’s bullying laws are rarely enforced with one assembly a year explaining the threat of cyber-bullying or a fine that goes on their criminal record as a misdemeanor. No seventeen year old girl should want to die from going on the Internet. New York State does not have a handle on bullies and their victims. Hence, their laws should be modified to fit the new coming age of cyber bullying.

While the Internet is a dangerous and free place to do whatever you want undetected, there must be some control. Some poor child is reading that they are a fat cow even if they are less than one hundred and fifty pounds. That is somebody’s daughter or son who can no longer face their peers because of the things written on the Internet. There must be some way to control those who use the Internet.
The scary thing about the Internet is that the only way we know that cyber bullying is happening is because of these suicides. Most would still have been ignorant on the subject if it weren’t for students killing themselves over rude and harmful messages. People will argue that the Internet falls into the First Amendment of the Constitution, but doesn’t the First Amendment state that if one slanders or puts someone into danger, they are violating the First Amendment and the citizen’s rights. So why do so many cyber bullies get away with it?

The Internet is easy because you can hide who you are. Kids will make up fake profiles to get close to someone, or they will post something anonymously. It is much easier now than it was before to taunt a person without getting into trouble. When one makes a fake profile, they hide behind them. The victim of this profile cannot find who they are easily, and the victim usually does not tell someone about being bullied. They try to deal with it, but sometimes it hurts too much.
New York State must take the initiative to control those who abuse the Internet. There must be a mandatory class that actually teaches kids the rights and wrongs of the Internet, not some annual assembly that most kids use as naptime. There must be a law passed that indicts the bullies with a crueler punishment than a misdemeanor. The bullies could be threatening a life or slandering a name. They must be punished. Furthermore, those bullies who pushed a victim to suicide should also be punished. Unintentional manslaughter should be an option for those bullies who helped someone choose to kill themself.

I agree that it is hard to control something as monumental as the Internet, but it must be done. These lives must be saved. No young child should be scared to use the Internet or explore the world. No child should think of taking their own life because someone called them a slut or a fat cow. New York State educators often tell parents that children are our future. We cannot be the future if we are scared and hurt by the Internet and by those who die from using the Internet.
The Internet is not to blame for these deaths. The bullies who abuse the Internet are at fault, and New York State must take that into consideration. New York State must control the young criminals before they take another life, a life that we all love.