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Technology, Social Media and the Penal Code
As the public's use of social media applications increases, our laws will eventually require modification to keep pace. For example, recall the still ongoing Lori Drew case. Drew, the mom who harassed her daughter's classmate on MySpace, allegedly leading her to commit suicide, has been prosecuted under the Computer Fraud and Abuse Act because the state's traditional harassment laws didn't apply online. Nicole Black of Sui Generis reprints her New York Daily Record article describing some of the steps that New York is taking to bring its penal code into the 21st century. She writes:
The crime of Aggravated Harassment, which prohibits certain forms of harassing or annoying communication, soon will be amended to keep pace with the concepts of "communication" and "data storage," which always are evolving as a result of technological advancements.
Likewise, courts are also doing their part to keep pace:
In People v. Rodriguez, 19 Misc.3d 830, 860 N.Y.S.2d 859 (Crim.Ct. 2008), the court noted that messages transmitted through MySpace, an online social networking site, can constitute Aggravated Harassment, as long as there is evidence that the communications were unwelcome.
Similarly, in M.G. v. C.G., 19 Misc.3d 1125(A), 862 N.Y.S.2d 815, (Fam.Ct. 2008), the court concluded that e-mails also are a form of communication and, thus, can constitute Aggravated Harassment. In another case, text messages sent using a cellular telephone were held to violate this statute. People v. Limage, 19 Misc.3d 395, 851 N.Y.S.2d 852 (Crim.Ct. 2008).
Is your state making changes to conform its laws to today's culture? If not, why not?
Posted by Carolyn Elefant on October 7, 2008 at 03:15 PM | Permalink
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