“Cyberbullying Isn't Just for Teens” Legal Basics To Know Andrea Weckerle, JD Founder, CiviliNation BlogHer’11 August 2011

Civil Law Criminal Law Responsibility & Accountability Resolution Disputes between individuals, organizations, or a combination of the two Act committed by perpetrator/defendant against a victim with society as a whole considered injured Parties are the plaintiff and defendantParties are the government or defendant Case is filed by a private partyCase is filed by the government Plaintiff must prove guilt of defendant /defendant must refute the evidence The government must prove the defendant is guilty Burden of proof is “preponderance of the evidence” Burden of proof is “beyond a reasonable doubt” Type of punishments can include fines, requirement to do/not do something, and other redress of the wrong Type of punishment can include fine, imprisonment, or death Crimes are divided into two broad classes, misdemeanors and felonies The goal of a civil suit is to redress the wrong by requiring compensation or restitution The goal of a criminal case is to protect society and punish the perpetrator Either party may appeal the court’s decisionOnly the defendant may appeal the decision (but sometimes the prosecutor can retry a case)

Sample Remedies & Laws Responsibility & Accountability Resolution CivilCriminal Defamation - Libel & Slander Federal and State Anti-Stalking Laws Intentional Infliction of Emotional Distress 18 U.S.C. § 875 Interstate communications Public Disclosure of Private Facts Identity Theft and Assumption Deterrance Act of 1998 False Light Other computer-related crimes, such as hacking and denial-of-service attacks Appropriation

Filing a Complaint & Next Steps Responsibility & Accountability Resolution Review your state’s anti-stalking & anti-cyberstalking law Examine the language of the law and the “elements” required to prove your case Collect your supporting information (printouts, electronic files, screenshots, IMs, photos, etc.) in electronic and physical form Create a written detailed timeline of the events Create a detailed explanation of each communication and item Do not communicate with suspect(s) or if you’ve already do so, stop Go to police department and file initial complaint