Congresswoman Linda Sanchez of California is showing leadership on the issues of cyber-bullying and -victimization. ReputationDefender applauds Congresswoman Sanchez and her co-sponsors for demonstrating their interest in opening the debate on the topic of Internet abuse. We fully support the rights of all Americans to free speech, as guaranteed by our Constitution. We also observe that the rights to be private and free from abuse (i.e. free from intrusion on your rights, including through forms of abuse that have never been protected by the Constitution) have long been protected by our institutions, laws, and mores. Lawmakers must strike the right balance between these essential values. The bill sponsored by Congresswoman Sanchez (H.R. 6123) may be the first federal attempt to examine the question whether the congressional laws now governing the web — enacted chiefly in the mid- to late-1990s — are still the right fit for the Internet. Though the shape of this bill may not be the one we’d envision (there are good reasons to believe the wording and scope of this bill are less than ideal), it deserves attention as a signal that lawmakers are becoming increasingly aware of the immaturity and possible inadequacy of the legislation in this space. It is critically important not to overreach in creating law in this area, but it is also important not to imagine that the status quo (without emendation through, perhaps modest judicial interpretation or modest legislation) is absolutely perfect.
The full text of her proposal may be viewed here.