Computer Fraud And Abuse Act ( Cfaa ) And Cyberbullying Essay

Emily Jessep Intellectual Property Crimes Professors Dreyfuss and First November 15, 2016 INCOMPATIBLE: The Computer Fraud and Abuse Act (CFAA) and Cyberbullying I. Introduction The Computer Fraud and Abuse Act (CFAA) does not cover cyberbullying done via social networking websites and should not be used to prosecute it. Application of the CFAA to cyberbullying prosecutions is inconsistent with the intended scope of the statute and the existing interpretations of its provisions. Practically speaking, nothing in the history of the CFAA suggests that Congress envisioned a cyberbullying prosecution under the statute. The CFAA itself was developed in response to the emerging problems of cybercrime. Mail and wire fraud statutes could not adequately deal with the issue. This shows that once technology develops, the legislature and laws must develop with it. Constitutionally, the CFAA fails as a tool to prosecute cyberbullying because, when applied to that conduct, the statute is void for vagueness. First, the statute does not place an ordinary person on notice that their conduct is illegal. Second, the statute does not give minimal objective criteria to assist law enforcement agencies in its application. Part II of this paper will discuss the cultural and legal definitions of cyberbullying and briefly touch upon why it has become a pervasive problem. Part III of this paper will focus on the evolution of the CFAA, its legislative history, and how courts are applyingShow MoreRelatedThe Effects Of Cyberbullying On The Internet1449 Words   |  6 Pagesresponse. Not only is cyberbullying a huge threat in present time, but it can also lead to long term effects that could permanently ruin an individual going through adulthood. Some of these devastating effects include: suicide, grades start dropping, overall school participation begins to decline, depression, and vengeance (Mirsky, E. L., Omar, H. A. 2015). The more society becomes involves in the situation, the better chance society has in creating new laws to combat cyberbullying and the consequencesRead MoreAs computer access becomes increasingly prevalent with our children, concerns have been raised2900 Words   |  12 PagesAs com puter access becomes increasingly prevalent with our children, concerns have been raised about that lack of parental awareness of their content exposure. One of the areas of great concern revolves around cyberbullying. The emotional damage created by the simple strokes of a keypad is often overlooked because of the electronic nature of the abuse. Cyberbullying like any other form of bullying, must be closely monitored by school administrators with strict consequences for violators. After reading