Stronger Laws Needed for Web Threats

This is undoubtedly one case where there ought to be a law. Society must catch up to the malevolence all too prevalent on the Internet. Some should be deemed criminal.

The case in point: Drew and Joyce Kesse have been living a parent’s worst nightmare for the past four years — the unsolved abduction of their 24-year-old daughter, Jennifer, in Orlando. The Bradenton couple’s efforts to secure information about their daughter’s disappearance includes an Internet site stocked with images, appearances on national television and other publicity.

Their determined and admirable efforts have generated a great deal of sympathy, encouragement and leads, especially in postings on the Web at www.jennifer kesse.com.

Compounding their anguish, though, are the miscreants and parasites who exhibit twisted behavior and threatening comments via the Internet — all beyond the pale. “Weird crap,” Drew Kesse told Herald reporter Beth Burger for an in-depth article Sunday on the fourth anniversary of Jennifer’s kidnapping.

One lowlife attempted to extort millions, maintaining he held her for ransom. Another even claimed to have killed her along with more than a dozen others in a YouTube video.

But the veiled threats from one person — posted across some 100 pages on the family’s Web site — are deeply disturbing.

Plus, someone left threatening phone messages, one stating: “You’re gonna pay.” With some detective work by a Webmaster and prosecutors, the Kesses discovered the source of the phone calls matched the residence of the threatening poster’s computer.

Unfortunately, the Kesses have discovered that as abhorrent as all this is, criminal it is not.

The Manatee County Circuit Court declined to grant the family an injunction in the case, ruling the perpetrator’s identity had not been proven and the threat was not credible enough by legal standards.

Florida lacks a law against menacing threats delivered via electronic media. The state’s cyber stalking law requires threats be credible, which means the comments must be explicit about personal harm or death and the perpetrator must have the means to execute the threat.

Apparently, the Kesses’ tormentor has not quite crossed that line. In addition, proving who’s working the keyboard beyond a reasonable doubt is difficult without witness cooperation or a confession.

Come March when the regular session of the state Legislature convenes, lawmakers will be met by a bill that makes online written communication with threats of bodily harm or death a second-degree felony. That would cover e-mail, social networking sites like Facebook and postings on sites such as www.jenniferkesse.com.

In Burger’s report, Bradenton criminal defense attorney Mark Lipinski advocated the legislation include menacing communication as well — which would then cover the Kesses’ case.

Nobody should have to endure that kind of endless and senseless harassment. Florida law needs to catch up to technology and provide protections from these kinds of online threats, which should be considered terrorism of a sort.

original article here

Harassing Texts & Posts Can Land Poster in Jail

by Hayley Peterson

Harassment using text messages or social networking sites could soon be a crime in Maryland if lawmakers approve two bills making their way through the General Assembly.

"In many different schools, Facebook is being used to harass people," said Sen. Bryan Simonaire, R-Anne Arundel, sponsor of one of the bills. "Right now, current law doesn't handle Facebook and Twitter-type postings. We have to advance with our technology."

Lawmakers added e-mail to Maryland's harassment laws in 1998. The law defined e-mail as a message sent electronically from one person -- or one computer's Internet protocol address -- to another, ignoring the prospect of Web site or blog postings, Simonaire said.

His bill would expand the definition of electronic harassment to include making an "Internet transmission or posting with the intent to harass."

The bill would also increase the maximum sentence for electronic harassment from one year to three years and slap on a maximum $5,000 fine -- bringing it in line with Maryland's sentencing for telephone harassment.

Michael Swartz, director of the Maryland Blogger Alliance, said the blogosphere has "matured" and there's no need for such a bill.

"It seems to me three years is pretty excessive for sending a slew of e-mails," he said. "You can ignore e-mail harassment to an extent."

He said enforcing the law would be nearly impossible, because IP addresses can be faked.

Montgomery County police spokesman Capt. Paul Starks said he hasn't dealt with many cases of electronic harassment, but added that enforcing the law might be even easier than telephone harassment because the Internet can provide a "snapshot" -- from date, place and time to what was communicated -- of the alleged crime.

Another bill in the works from Sen. Delores G. Kelley, D-Baltimore, would add texting to the mix of electronic harassment mediums.

Kelley's bill would make harassing a minor through texting, Internet postings or e-mail a misdemeanor with a maximum three-year sentence and a $5,000 fine.

The bill says people may not "make an electronic communication with the intent to terrify, intimidate, or harass a minor, or threaten to inflict injury or physical harm to a minor."

"The Maryland code is outdated with current technology," Simonaire said. "This is just about getting into the 21st century."

original article here

Kentucky Puts a Stop To ‘Cyberstalking’

Joined by Attorney General Jack Conway, Gov. Steve Beshear Thursday signed HB 315 sponsored by Rep. Johnny Bell and passed during the 2009 session of the Kentucky General Assembly. The new law includes measures to better protect Kentuckians from cyber crimes.

“This cyber-safety bill is a critical step toward protecting Kentuckians from the very real threats that come with 21st century innovations and toward helping to prevent further abuses of these technologies,” said Beshear. “Kentucky families will be safer because of this bill.”

Through this legislation it is unlawful to “cyberstalk,” which is defined as intentionally alarming, annoying, intimidating or harassing a person with no legitimate purpose through electronic communication. This bill also includes tougher regulations for sex offenders when they use electronic communication.

“House Bill 315 will bring Kentucky laws up-to-date with changes in technology,” Conway said.

“I would like to thank legislators for the bipartisan support of this bill and I appreciate Gov. Beshear signing the bill into law. ...I look forward to working with law enforcement officers and prosecutors to continue making Kentucky a safer place to live, work and raise a family.”

ORIGINAL ARTICLE