The Protect Bill<\/p>\n
Prevent Report Overcome and Thwart Electronic and Cyberbullying Threats (PROTECT Act)
\nIn the House of Representatives\/Senate
\nDate: _____________
\n(Your name here) introduced the following bill; which was read twice and referred to the Committee on ___________________________.
\n____________________
\nA BILL
\nPrevent Report Overcome and Thwart Electronic and Cyberbullying Threats (PROTECT Act)
\n\u201cBe it enacted by the Senate and House of Representatives of the United States of America 2 in Congress assembled.\u201d
\nSECTION I
\n1.\tShort Title
\nThis Act may be cited as the PROTECT Act.
\n2.\tDefinition of terms
\nIn this Act, unless stipulated otherwise herein;
\n“Child users” means a user of an electronic media platform below the age of 18 years or a high school student.
\n\u201cCyberbullying\u201d \u2013 means the conduct and verbal threats through any form of electronic media is known or alias name with the intention to demean or destroy the character of an electronic media user.
\n“Denial of Service” \u2013 means an attack on the electronic computer systems of an organization or person with the intention to hinder access to such computer systems.
\n“electronic media” \u2013 means an electronic platform that uses internet services for communication.
\n“Harassment” \u2013 means harassment within the meaning of the Dignity for All Students Act.
\n\u201cOrganization\u201d \u2013 means an organization incorporated under the laws of the United States of America.
\n\u201cPseudonymization” means creating a personal identifier on an electronic media that cannot be deduced without extrinsic information to identify the person from the known personal identifier or address data.
\n“Service provider” \u2013 means any person who is the proprietor of electronic media.
\n“Users” \u2013 means all persons who avail to themselves electronic media platforms for communication purposes.
\n3.\tObjectives and Purposes of this Act
\nThis Act aims to
\ni.\tMake further provisions on existing cyber laws.
\nii.\tPrevent acts of harassment on electronic media
\niii.\tPrescribe for offenses arising from electronic media harassment and attacks
\niv.\tGrant powers to all States to punish offenders as per the Act.
\n4.\tApplication
\nThis Act is subject to:
\ni.\tAll persons that offer electronic media platforms
\nii.\tAll users of electronic media platforms
\niii.\tEven though they are not users of electronic media platforms, all persons who disseminate data or facilitate in the commission of an offense under this Act or cause to be published such information on an electronic media to harass or attack a user device used for electronic media.
\niv.\tAll governmental agencies involved in the investigation of cybercrimes, including but not limited to; –
\na.\tThe National Security Agency
\nb.\tThe Federal Bureau of Investigations
\nc.\tThe United States Department of Justice
\nd.\tThe Department of Homeland Security
\nProvided that these organizations exercise their duties in coordination with and consultation of State governments and relevant State-level departments within the United States.
\nSECTION II: DUTIES AND OBLIGATIONS
\n5.\tDuties of Service providers
\nAll service providers shall; –
\ni.\tEndeavor to maintain systems to protect their platforms from denial-of-service attacks
\nii.\tCreate user policies that prohibit and ban the use of their platforms for harassment and attacks on users
\niii.\tConsistently review their systems with the intention to fix bugs that expose users and their data to denial-of-service attacks.
\niv.\tCreate effective mechanisms for users to report incidences of online harassment and attack or data leakage without consent
\nv.\tUndertake to sustain a mechanism to screen abusive users and cyberbullies
\nvi.\tMake biannual reports to the Congressional committees concerned with information technology on their activities towards addressing cyberbullying.
\nvii.\tLiaise with relevant authorities listed under section 4 (iv) of this Act to address cyberbullying and denial of service attacks
\nviii.\tCreate systems that regularly advise users of their platforms on attempted attacks on their data
\nix.\tOffer assistance to users on psychological actions available in the event of harassment or bullying on their electronic media platforms
\nx.\tCreate systems to protect child users
\nxi.\tEnsure that all users, including aliases, are natural or legal persons and not robots in so far as cyberbullying is concerned
\n6.\t(1) All users and child users of electronic platforms incorporated in the United States so long as they are within the jurisdiction of the United States shall not;-<\/p>\n
i.\tUse their electronic media platforms to harass or attack other users on the platform or a non-user
\nii.\tConduct denial of service attacks on other users’ devices, including the service providers
\niii.\tUse their electronic media platforms to harass or attack a child or child users on the platform.
\niv.\tAllow third parties to access or use their electronic media profiles for purposes of harassment, bullying, threatening, attacking, conducting denial of service attacks, or any other act within the meaning of cyberbullying.
\nv.\tPromote, disseminate, publicize or tout on their profiles such contents retrieved from another electronic media platform or user where such contents reasonably appeal to hate, harassment, bullying, threatening, attacking, conducting denial of service attacks, or any other act within the meaning of cyberbullying (Foody, Samara, El Asam, Morsi, & Khattab, 2017).
\n(2) Provided that nothing in section 6(1) of this Act limits the reasonable exercise of the freedom of speech of any user within the United States and in accordance with the Constitution of the United States.
\n(3) A court of law in determining whether the duties of a user under section 6(1) conflict with the freedom of speech shall pay regard to;-
\ni.\tThe limitations of freedom of speech under the laws of the United States, federal laws, and state laws
\nii.\tThe place of the issue including the nature of the user the recipient of which the harassment, bullying, or attacking was directed to
\n7.\tAll governmental authorities under section 4(iv) shall; –
\n(1)\tProvide support to service providers in tracking, finding, investigating, and prosecuting users culpable of cyberbullying
\n(2)\tProvide technical support to service providers through cybercrime investigation skills, denial of service attack protection, and prevention
\n(3)\tCreate industrywide standards of practice for service providers in developing user policies that enhance protection from cyberbullying, harassment, attack and or threats
\n(4)\tAny other function necessary to issue maximum effect and meaning to the provisions of this Act
\n8.\t(1) It shall be the duty of both the service providers and parents or guardians to ensure that child users are protected from harmful data, including harassment and bullying on an electronic media platform.
\n(2) Provided that parents and guardians shall have a prima facie duty to bring to the service provider’s attention that a given person is a child user.
\n(3) The burden of proof to show that a given user is not identifiable as a child user on an electronic media platform shall be on the service provider.
\nSECTION III: INTERVENTIONS FOR THE PROMOTION OF CYBER PROTECTION
\n9.\t(1) All governments shall endeavor to promote users’ protection from cyberbullying, harassment, or attack.
\n(2) to promote cyberbullying protection, the federal government through relevant agencies shall seek to afford service providers;-
\ni.\tSuch incentives including tax incentives on costs of running cyberbullying protection units
\nii.\tSuch funds as may be necessary to conduct staff training on cybercrime investigations
\niii.\tSuch skilled personnel as may be deemed fit and fully paid for by the government as residents within the offices of the service providers to facilitate cyberbullying and crimes units
\niv.\tAny other form of support deemed necessary by the Cabinet secretary in charge of information technology through the President’s Office or any other law.
\n(3) State governments shall ensure that school children are continuously informed on cyber harassment and bullying risks when using electronic media platforms. This shall include running website pages with live support from government psychologists for victims of cyber harassment (Hudson Jr, 2020).
\n(4) Local governments shall be mandated to ensure that schools have a curriculum on the risks and the threats of using electronic media in the form of cyber harassment and bullying.
\nSECTION IV: MISCELLANEOUS
\n10.\tOffenses of breach of duties
\n(1)\tA service provider, who fails to create user policy agreements that prohibit cyberbullying, harassment, threat, or attack shall be guilty of an offense.
\n(2)\tAny service provider that fails to report to the relevant Congressional committee as required under section 5(vi) commits an offense.
\n(3)\tFailure by a service provider to create systematic policies and mechanisms to protect child users amounts to an offense under this Act.
\n(4)\tA service provider who fails to offer support after cyber harassment on their platform, including investigating the perpetrators of the activities of harassment, bullying, threatening, or denial of service attacks, is guilty of an offense.
\n(5)\tAny user or child user who uses their profile to bully, harass, threaten, or attack another user or person is guilty of a misdemeanor.
\n(6)\tWhere the acts of a user or child user who uses an electronic media platform to threaten another user or person with physical harm causing the victim to harm themselves, such persons shall be guilty of an aggravated misdemeanor.
\n(7)\tThird parties and an owner of a profile used on an electronic media platform to bully, harass, and threaten other users or persons shall be liable for the violation.
\n11.\tPenalties
\n(1)\tState governments shall have jurisdiction to prescribe appropriate punishment for offenses outlined under section 10 of this Act.
\n(2)\tProvided that in the absence of such a legislative instrument, a violation of section 10 shall result in a penalty not exceeding five thousand dollars and or imprisonment not exceeding two years.
\n(3)\tBeing an incorporated person, any person shall be exempted from imprisonment and consequently substituted with a fine of a similar amount as the court may deem fit.
\n12.\tAdoption by State legislatures
\nState legislatures shall undertake to adopt the provisions of this Act in their laws for their respective States wholesomely or with necessary modification so long as the adopted legislation does not conflict with this Act.
\nSECTION V: Commencement
\n13.\tThis bill will take effect upon assent by the President of the United States across the United States.<\/p>\n
References<\/p>\n
Hudson Jr, D. L. (2020). Essay: Cyberbullying and Freedom of Speech.<\/p>\n
McCosker, A. (2016). Managing Cyberbullying. Negotiating Digital Citizenship: Control, Contest and Culture, 21.<\/p>\n
Foody, M., Samara, M., El Asam, A., Morsi, H., & Khattab, A. (2017). A review of cyberbullying legislation in Qatar: Considerations for policy makers and educators. International journal of law and psychiatry, 50, 45-51.<\/p>\n","protected":false},"excerpt":{"rendered":"
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