Wednesday, March 21, 2012

Updating our laws to adapt to new technology

            On Tuesday, we brought up many topics but the one that stayed the most with me was one that may or may not have a definite answer. It is very arguable and since it has no "precedent" of this caliber, it cannot be expected to follow a construct but rather must result in trial and (hopefully less) error so that our society does not continue in the dark concerning the internet laws. Our legal system has to come up with the right terms and clauses to properly define something that may actually be undefinable. legislators have to keep in mind the First Amendment and all that entails and the danger of the behaviors being practiced right now. The fact is, the longer no legislation is passed, the more people may die and if there is no court case to base reasoning off of, there seems to be no grounds for an arrest or prosecution. A New York Times article puts it as "prosecutors are often left to shoehorn this new wave of behavior into laws created long before there was an internet" http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/what-isnt-known-about-suicides (What isn't known about suicides)
             This is no small feat and the difficulty continues to mount as it is very hard to try to define bullying and determine what pushes a person over the edge or not because in our law system, every individual even the victim acts of their own free will. The author of the same article goes on to argue that bullying is something that is a part of growing up, not that it condones it in anyway, but that it needs to be recognized as such and consider this factor that it is "classic antisocial behavior". Some schools have already begun to add "curricular lessons on responsible use of the Internet" to teach not only that bullies aren't coobut that someone's life could be hurt, just as seriously if not more than by physicabullying. Another debater notes that bullying has been around over the years and the students/victims do not care what it is classified as, they only care that the "campus misconduct is monitored and prevented" http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/campus-bullying-as-a-human-rights-issue (A Human Rights Issue).
               However, this proves harder than ever as another debater claims that "technology offers a powerful shield of anonymity" which means that the perpetrators can not have to face the consequences of their actions if they are not traced. There are countless possibilities that maybe considered when debating the rights and wrongs of this topic. There doesn't seem to be a definite correct answer either. Everything is relative since all cases will be different, however, if our legal system can manage to come up with some brilliantly drafted law, then I would be part of the congratulatory crowd on their best achievement. 


I would recommend that everyone read this article and following debate concerning this topic and try to come up with their own point of view on the changes that need to be made in today's culture and the culture of tomorrow. http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/what-isnt-known-about-suicides

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