Mary F. Cheney, “Cyberbullying: The Inability of Federal Stalking and Harassment Statutes, Current State Laws, and Civil Remedies to Protect Our Children from this Virtual Threat (September, 29 2008). Available at SSRN: http://ssrn.com/abstract=1275585
Legislators must give the families and victims of cyberbullying across the United States a uniform body of law, and provide them with multiple avenues through the judicial process by creating a new federal crime tailored to this offense and a new civil remedy as well. Part II provides an overview of cyberbullying as a crime, and the possible criminal and civil remedies currently available. Specifically it discusses civil remedies such as assault and intentional infliction of emotional distress (“IIED”), and criminal remedies such as state anti-bullying statutes, and federal harassment and stalking laws. Part III illustrates the deficiencies in those current remedies, the lack of uniformity among state cyberbullying statutes, and discusses the pros and cons of recently proposed federal legislation entitled the Megan Meier Cyberbullying Prevention Act on the subject. Part IV outlines the categorical distinctions between child’s play and dangerous cyberbullying, and proposes the solution of creating both a new civil and criminal remedy specifically tailored to cyberbullying, with the criminal remedy in the form of federal legislation. Part V concludes that legislators must create new civil and criminal laws tailored to this offense because although progress has been made there is still no adequate remedy for the families and victims of cyberbullying. This Note will discuss current federal and state laws criminalizing cyberbullying and the civil remedies available, newly proposed laws on the horizon, and other alternative solutions.
