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City of Clayton creates new charge of cyber-harassment
(by Mitch Schneider - February 20, 2008)
As the internet has evolved it has changed the way that people interact — in some cases for the better; in some cases for the worse. Recently, the Clayton Board of Aldermen took measures to address some of the issues that exist due to how the technology can be used.
In late January, after discussions that occurred over the course of two meetings, the aldermen voted to replace the city’s harassment ordinance with a newer version, which includes language that makes cyber-harassment a misdemeanor. The change was motivated by the recent case of a Dardenne Prairie teenager who killed herself after neighbors taunted the girl using a fake persona that they had created on the website MySpace.
“I feel it is important to consider this in view of recent news,” said Mayor Linda Goldstein. “We don’t know all of the ramifications of cyber-harassment, but it is important to be proactive” in dealing with it, she said.
Clayton’s City Attorney Kevin O’Keefe described the previous harassment ordinance, which has been on the books for several decades, as “antiquated.” O‘Keefe said that in cases where a minor may be involved, the new ordinance “establishes a framework in which police can conduct an investigation and can go to parents and say we think there is a situation.”
O’Keefe said that other St. Louis-area municipalities that have recently adopted ordinances, or are considering doing so, include Dardenne Prairie, Frontenac, Ellisville and Florissant.
Clayton’s new law states that cyber-harassment takes place if a person: • sends an electronic communication “with intent to harass, alarm, annoy, abuse, threaten, intimidate, torment or embarrass any other person”;• sends a message with obscene language, anonymously or repeatedly;• or sends a message threatening to inflict injury on the person or property of the person receiving the message.
A violation of the ordinance, a misdemeanor crime, carries a possible punishment of up to a $1,000 fine and a year in jail. The law applies to both adults and minors. However, O’Keefe said, a minor accused of a violation would be processed through the juvenile court system, while an adult would go through Clayton’s municipal court system.
First Ward Alderman Andrea Maddox-Dallas said she supports the bill and said that the problem it addresses “is much more pervasive than you think.”
Michelle Harris, 2nd Ward alderman, added that cyber-harassment is a real phenomenon. “It is really shocking, and my children have seen it,” she said.
But the ordinance did raise some concerns for 2nd Ward Alderman Cynthia Garnholz. She said she applauds the effort, but “there are some very serious constitutional issues that cause me concern.
“I have issues with the wording in regards to the First Amendment,” she said. “Is trying to embarrass someone punishable by 90 days in jail? Should the police get involved if I say someone tried to embarrass me?” Regarding anonymous calls, she said, “I don’t know when that became an offense.”
Clayton Police Chief Tom Byrne said that the police department does not act on reports of anonymous phone calls until the phone company has tapped the line and has identified the caller after multiple calls are made.
“There is very little case law as lawmakers try to keep up with technology, and there is going to be some trial and error,” O’Keefe said. “Ultimately it will be up to the lawmakers, and possibly the courts, to settle. At this time, I am reasonably comfortable that there is not a better model on hand.”
During discussions of the new ordinance, the aldermen acknowledged that the Missouri State Legislature is also considering statewide measures to address the issue. If the legislature takes any action, the Clayton ordinance would be amended accordingly.
Enforcement
Byrne said the police department’s role is to investigate complaints but that the actual decision to press charges would be left up to a prosecuting attorney.
Prior to the passage of the ordinance, the police department already worked with computer-related crime.
Both Byrne and Detective Ken Nix are involved with the Regional Computer Crimes Education and Enforcement Group.
Nix said the original concept came from Illinois, and he encountered it while attending a training session in 1999.
“I worked with their group and brought the concept over to the Missouri side,” he said.
Missouri’s Regional Computer Crimes Education and Enforcement Group was created in 2000, and it serves St. Louis city, St. Louis County, St. Charles County, and Franklin and Jefferson counties.
Nix is the operations supervisor and oversees the unit at the Clayton Lab. He is considered an employee of the Clayton Police Department but is detached to RCCEEG on a full-time basis.
“When [RCCEEG] was first started, Chief [Richard] Morris was the Clayton Chief and he allowed me to work on the concept,” Nix said. “After he passed away, Chief Byrne continued a belief that a unit [such as this] was needed for the region. Clayton, both the Police Department and management at City Hall, have made a great effort to help in many ways and it is appreciated.”
There are two groups of computer investigators at RCCEEG, and they work closely together, Nix explained. One group is made up of online investigators who spend time on the web watching the activities of pedophiles and fraudsters. They are trained to monitor these activities and build a case so that it cannot be thrown out of court as entrapment, Nix said.
Nix is more involved with computer forensics, the results of which can cause computers to be seized from suspects and computer hard drives searched for evidence of wrongdoing.
It can take one day or several months to build a case, he said.
The new law will not substantially change how his unit approaches its work, Nix said, but having laws that are explicit about what constitutes cyber-harassment is “another tool in the arsenal.”
Information about RCCEEG can be obtained at www.rcceeg.com.
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