LIABILITY FOR CYBER-BULLYING UNDER THE COMPUTER FRAUD AND ABUSE ACT

Cyber-bullying can be an extremely dangerous activity that may lead to lasting physical and emotional harm to its victims. To address the problem of cyber-bullying at a federal level, U.S. federal prosecutors are currently using the Computer Fraud and Abuse Act of 1984- CFAA (18 USC ยง1030). Legal critics, however, argue that the use of the Computer Fraud and Abuse Act to prosecute cyber-bullies carries with it the danger of exposing many innocent Internet users to potential liability. Following, there is an example of the first case in which the CFAA was applied to a cyber-bullying incident.

The following questions have been addressed in this article:

What are possible consequences if the prosecution of cyber-bullying is successful?
Could application of this law be unconstitutionally vague?
What legislative measures are being taken in the U.S. as a result of the Drew prosecution?

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