Albany County Cyber Bullying Law

One of the ironic perspectives most criminal defense attorneys share is that almost every new criminal law passed by a legislative body in response to notorious (previously non-criminal) behavior, is a bad law. With incredible frequency, law makers are hastily drafting criminal statutes in response to often tragic events that garner wide publicity. You would think we defense attorneys would be happy. After all, the more laws we pass, the more criminals we create, creating more business for us. Unfortunately, most new criminal laws created in response to ever increasing social ills do nothing but exacerbate the problem. That is because the criminal justice system is the worst venue to address social and moral dysfunction. As defense attorneys, we see what happens in the court room. The aloof judge peers down at the defendant and advises him his rights. The bailiff stands guard with gun in holster. The tough prosecutor argues for excessive bail. This experience is traumatic. The scars left by prosecution are carried by the prosecuted for life. The defendant will never be the same. Society has passed judgment that there is something wrong with the defendant. When it comes to young people, this experience causes far more harm and good. It creates a distrust and fear of society. It creates a dark space in the psyche. The harm outweighs the purported good of the law's intent.

Back in November of 2010, the Albany County Legislature passed in to law a bill that makes so called cyber bullying a misdemeanor offense. The law was drafted in response to recent stories of young people taking their own lives in response to humiliating and malicious information disseminated through online social media such as facebook and my space. This story appeared in the TU yesterday. A couple of facebook pages were created publishing the pictures of high school girls with attendant information about their sexual activity. Nothing obscene, just pictures and information. So far, nobody has died but the local authorities are attempting to get facebook to reveal the content's creator. The authorities will presumably succeed and when the identity is revealed, the creator or creators will be the first to be prosecuted under the new statute.

From a lawyer's perspective, this is very intriguing stuff. One of my first reactions was to wonder if what was posted is true. I mean, it's no secret that high schools are full of permiscuous girls. If the information is true there is that whole free speech thing to consider. Keep in mind the American version of freedom includes the right to speak the truth whether it hurts people's feelings or not. Yet, because there have been a few notorious suicides connected to online disgrace (true or not), our wise leaders believe they will save lives by prosecuting offenders of the new law because it will deter future conduct. Guess what morons, kids are smart and they probably know how to remain anonymous on the internet better than most adults. And furthermore, anyone who commits suicide has an absolute mental health issue. The problem is not cyberbullying but sick children. Maybe we should pass a law prohibiting stories on TV about suicide. I mean, where in god's name do suicidal people get the idea in the first place? I think suicide will be around with current frequency regardless of the internet. Look, the internet is here to stay. If you want to control it with laws then hop in the sled and get ready for a ride down the slippery slope and wave goodbye to freedom. Here is an idea for a new law, abolish the internet.

Here is the law making this conduct punishable as a misdemeanor:

"engaging in a course of conduct or repeatedly committing acts of abusive behavior over a period of time by communicating or causing a communication to be sent by mechanical or electronic means, posting statements on the internet or through a computer network, acts of abusive behavior shall include, but not be limited to, taunting; threatening; intimidating; insulting; tormenting; humiliating; disseminating embarrassing or sexually explicit photographs; disseminating private, personal, false or sexual information; or sending hate mail."

Wow. Does anybody see a problem with this pathetically drafted statute? There are some Albany bloggers out there who might have a reason to be concerned. I hope that anyone prosecuted under this statute finds a lawyer who will beat the shit out of this waste of words. And to Albany county taxpayers, you will pay for this nonsense.