For example, Congress has enacted laws dealing with child pornography, child luring, and child sexual exploitation. This is especially true with the relatively new crime of Internet "harassment." The term Internet harassment usually encompasses "cyberstalking," "cyberharassment," and/or "cyberbullying." Recent high-profile cases involving teen suicides demonstrate the potentially severe consequences of this emotional harm. These are just some of the questions legislators may consider in addressing the problem of Internet harassment of children. There are three categories of activities subject to congressional regulation under the Commerce Clause. Internet Harassment

Internet harassment is a new phenomenon that presents a challenge for law enforcement, legislators, educators, and parents. If one were to categorize these activities based on danger or greatest potential harm, cyberstalking would be the most dangerous, followed by cyberharassment and then cyberbullying. Generally, cyberstalking includes a credible threat of harm, while the other two do not. Cyberharassment and/or cyberbullying may cause embarrassment, annoyance, or humiliation to the victim. Some individuals use the terms cyberharassment and cyberbullying interchangeably, while others reserve the term cyberbullying to describe harassment between minors, usually within the school context. However, the law has been expanded to prosecute cyberstalkers. Cyberharassment

While cyberstalking laws exist at both the federal and state levels, they are generally inapplicable in situations referred to as cyberharassment and/or cyberbullying, depending upon the jurisdiction. Courts have yet to address this statute as it applies to Internet "harassment." To address the problem of cyberbullying, H.R. This bill would amend title 18 of the United States Code by making cyberbullying a federal crime with a punishment of up to two years of imprisonment and/or a fine. § 1983, claiming that the student's icon was protected speech under the First Amendment and not a true threat. The aforementioned principles are also applicable in the school setting. As Internet harassment may cause its victims emotional harm as opposed to physical harm, legislators must determine what level, if any, of harassment should be criminalized. Statutes and school policies must be narrow enough not to infringe upon protected speech.
While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity. Definitions for these terms vary based upon jurisdiction. Internet harassment usually encompasses "cyberstalking," "cyberharassment," and/or "cyberbullying." If one were to categorize these offenses based on danger or greatest potential harm, cyberstalking would be the most dangerous, followed by cyberharassment and then cyberbullying. Generally, cyberstalking includes a credible threat of harm, while the other two do not. Cyberharassment and/or cyberbullying may cause embarrassment, annoyance, or humiliation to the victim. Some individuals use the terms cyberharassment and cyberbullying interchangeably, while others reserve the term cyberbullying to describe harassment between minors, usually within the school context.
While laws that address cyberstalking exist at both the federal and state levels, the question of how to handle situations that do not involve a credible threat of harm against minors has drawn congressional interest. Recent high-profile cases involving teen suicides illustrate the harmful effects of Internet harassment on young people. To address the problem, H.R. 1966 was introduced in the 111th Congress. This bill would amend title 18 of the United States Code by making cyberbullying a federal crime with a punishment of up to two years of imprisonment and/or a fine.
Legislators have traditionally enacted laws prohibiting child pornography, child luring, and child sexual exploitation. However, Internet harassment potentially causes emotional harm to its victims as opposed to the physical harm inflicted by the aforementioned activities. In addressing these concerns, legislators strive to maintain a balance between enacting statutes broad enough to cover undesirable behavior, while simultaneously narrow enough to prevent infringement upon an individual's right to express oneself under the First Amendment.
The First Amendment protects certain forms of speech, but this protection is limited within the school environment. While school administrators have more flexibility in disciplining children whose speech disrupts the learning environment, this flexibility does not cover all forms of Internet harassment. As Internet harassment is a relatively new phenomenon, courts are just beginning to determine the constitutionality and scope of these school policies and statutes. This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. It will be updated as events warrant.