Facebook Cyber Bullying Lawsuit Versus New York Teenager

As reported by Reid Epstein in Newsday, New York teenager, Denise Finkel has sued Facebook for $3 million because, she claims, it carried a fictitious Facebook chat group to bully, ostracize, ridicule, abuse and disgrace her.  The lawsuit states that former high school classmates, Michael Dauber, Jeffrey Schwartz, Leah Herz, and Melinda Danowitz created the chat room in which they falsely claimed that she had “inappropriate conduct with animals,” and had AIDS, as well as other sexually transmitted diseases. I want to focus on two related areas that I think are more important in the long run.

Of course there will be a lot of furor over whether any or all of the accused four did it and whether Facebook is liable for content that’s not obviously pornographic.  Did Finkel complain to Facebook and did Facebook turn a deaf ear to Finkel’s complaints?  And are the four people guilty as accused?

The first area that I think is more important in the long run is the ongoing effort to make new laws in response to new crimes, especially using new technology.  The natural way that we make new laws begins when some people commit acts not specifically covered under the old laws that have terrible consequences.  We respond by specifically labeling those new actions as crimes, and attach what we feel are appropriate criminal penalties.  Then we see, by trial-and-error, where to draw better lines.  The legal system is inevitably slow, inefficient and never perfect.

Given the increasing number of lives ruined by cyber bullying, emotional harassment and abuse, especially in schools, and the number of suicides stimulated by cyber bullying, I think that our society will make laws specifically stating that false and malicious statements and postings, in addition to pornography, are illegal.  I don’t think we’ll hold carriers like Facebook, MySpace, etc. liable for their postings.  But I think we’ll hold them liable for ignoring complaints about specific chat groups and postings that they continue to carry.

Many states and school districts, including Kansas, Oregon and California are considering such laws to protect children and teenagers from cyber bullying.

One stumbling block in making such laws is where to draw the lines and the hidden assumption that cyberbullying laws can and should be made “just right” for all situations – never too lax, never too harsh.  But the letter of the laws can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

And I think that in this area, safety should triumph over cyber freedom.

The second area that I think is more important in the long run is parenting for the specific situations involving our kids and teenagers.  Our job is to monitor our children:

1. Do they look like they’re having a hard time (maybe being attacked by cyberbullies)?  How can we help them stop bullying on their own or do we need to intervene?
2. Are they witnessing cyber bullying and are they struggling to know whether or how to intervene?
3. Are they cyber bullies?  How do we stop them and help them develop the character to make amends and do better next time?
4. Should they even be on MySpace or Facebook or any social networking sites?  What else would be a better use of their time and energy?

And of course there are no easy answers.  No one is really dumb enough to think there are easy solutions.

There are no safe environments.  Schools and the real world have never been safe.  Schools and social networks are testing grounds for the real world.  And the real world is not and should not be safe.  Facing risks and danger helps us develop good sense, good character and the qualities necessary to survive.  Imagine growing up on a farm, in a wilderness village or in the middle ages.  Not safe.  I grew up in New York City.  Not safe.  Millennia ago we had to learn what a saber-toothed tiger’s foot prints looked like and how long ago they were left.  The world still requires survival skills, even if different ones.

Our job as parents is to teach our children the skills and grit to survive in whichever jungle or battleground they live, and to protect them when they’re over-matched.

For practical, real-world tactics designed to stop school bullies and bullying, please see “How to Stop Bullies in Their Tracks,” and “Parenting Bully-Proof Kids.”  Individualized coaching can design action plans to fit your specific situation.  Also, the strong and clear voice of an outside speaker can empower principals, teachers and other students to stop bullying and abuse.

Rules to curb online bullying raise concerns

In his article for MSNBC, “Rules to curb online bullying raise concerns,” Alex Johnson discusses the need for laws to prevent cyberbullying and also details situations in which schools can overreact in the enforcement of those rules.  The case of teenager Avery Doninger is particularly glaring. The underlying thrust of the article is the need to create exactly the right laws that will give the right result in every situation.  Situations like the cyberbullying suicide case last year make good laws critical.

The real problem is not necessarily the law; it’s the hidden assumption that cyberbullying laws can ever be made “just right” for all situations – never too lax, never too harsh.  That assumption overlooks history and human nature.  The letter of the law can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

Our society is in the stage of figuring out where we want to draw the lines about a new method, cyberbullying, that bullies and perpetrators use to harass, abuse and attack adults and children.  That’s our normal trial and error process.  There’s no easy answer for protecting kids online. Actually, we make laws in hopes that they’ll yield justice in, say, 95% of the cases that come up.  No matter what laws we make in any area of life, there will be specific situations in which a literal or dumb interpretation leads to an under or over-reaction.  That’s where we hope the individuals involved use good sense and good judgment.

In the case of Avery Doninger, the real question is: Is the law bad or did the school principal get defensive and over-react by not giving a second chance to a good and contrite student who learned an important lesson or is there more we don’t know about Avery?

We’re stuck with the fact that laws, by themselves, will never cover every situation, no matter where we draw the lines; whether it’s about cyberbullies, verbal bullies or physical bullies. I look carefully at the application of any law in a specific situation before rushing in to change the law.  Often the problem is in the application, not in the law itself.  That’s why we have Appeals Courts.

Separate from the general laws are the specific situations involving my kids and your kids (and adults).  My job is to monitor my children:

• Do they look like they’re having a hard time and may be being attacked by a cyberbully?  Are they having difficulty dealing with it?  How can I help them deal with it by themselves or do I need to intervene?
• Are they witnessing cyberbullying and are they struggling to know whether or how to intervene?
• Are they creating a hard time for someone else (are they cyberbullies)?  How do I stop them and help them develop the character to make amends and do better next time?
• Should they even be using MySpace or FaceBook or any social networking sites?  What else would be a better use of their time and energy?

I’m going to get my answers to those questions by observing them, talking to them and, maybe, using good software like PC Pandora to monitor what they’re doing (http://blog.pcpandora.com/2009/01/29/do-new-cyberbullying-laws-go-to-far/).

Cyberbullies and cyberbullying will be with us no matter what laws we make.  We hope the laws will help us deal effectively with most of them.

As I show in my books and CDs of case studies, “How to Stop Bullies in their Tracks” and “Parenting Bully-Proof Kids,” bullies are not all the same, but their patterns of behavior, their tactics, are the same.  That’s why we can find methods to stop most of them.  If we don’t stop bullies, they’ll think we’re easy prey.  Like sharks, they’ll just go after us more.

When children and teens learn how to stop bullies in their tracks, they develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed against the real world bullies they’ll face as adults. Coaching designed for the specific situations faced by individual parents and teenagers is critical.

Cyberbullying suicide case

I've been reading the news reports and postings about the cyberbullying suicide case.  For example, "No Charges in Cyberbullying Suicide Case," and "L.A. Grand Jury Investigates Web Suicide Case" and "Prosecutor Will Review Megan Meier Cyberbullying Case," and "Mom: MySpace Hoax Led to Daughter's Suicide," and "Cyberbullying Suicide Stokes the Internet Fury Machine," and "Prosecutor won't bring charges in MySpace suicide." That's the case in which Megan Meier, a teenage girl, was pushed toward committing suicide by Lori Drew, the mother of a former friend of Megan's.  Lori Drew, pretending to be a 16 year-old boy on MySpace, engaged Megan and exacted her revenge by dumping Megan.

To the parents of children and teens, I'd like to comment about only one aspect of this tragic situation.

We should be aware that this use of social networking sites and the internet will become more prevalent.  Predators and bullies, and hurt, angry, righteous and spiteful adults and teenagers have always used whatever methods they could in order to attack and take revenge on their targets.  Teens and adults will subject other teens to emotional abuse, verbal abuse and now cyberbullying, manipulation and intimidation.  They stimulate the insecurity and low self-esteem of their victims.  The ability to remain anonymous on the internet increases the likelihood that cowards, bullies and predators will use the web to strike at their targets and victims.

The world has been, is and always will be a place with potential danger.  Life is full of risks.  As much as we will discuss, argue and make legislation in order to protect our children and teens, the dangers and risks will remain.  That doesn't excuse Lori Drew.  That's just the way I think the world is and we must take that into account as we raise our children.

Do not teach your children that the world is a safe place.  Good parenting requires you to teach your children how to balance the risks, stakes, benefits and dangers of every activity.  You must teach your children to judge wisely which activities (which dark alleys, parties, friends and events) seem safe and which have huge risks attached.  You must do that in order to help them increased their independence, self-reliance, confidence and self-esteem.  And you must monitor them.  And, if your children and teens are like mine, you must also be prepared for them to do what they please.  But you're planting good seeds.

There have always been and will always be predators and bullies.  Prepare yourself and your children.  Of course, there also have been, are and always will be wonderful people who are worth knowing and who will stand by you in times of tragedy.  Find them and fill your life with them.

As Rabindranath Tagore said, "Create an isle of song in a sea of shouts."

I hope these parenting tips, taken from my coaching and speaking, help.  What do you think?