In The Top Ten Cybersecurity Threats for 2008 Revisited we mentioned that one of the top cybersecurity threats for 2008 was on-line masquerading to abuse, attack, blackmail, bully, extort, or molest others.
Illustrating how important this threat has become, Rep. Linda Sanchez (D-Calif.) and Rep. Kenny Hulshof (R-Mo.) proposed a federal law that would criminalize acts of so-called cyberbullying (PDF). In this legislation, H.R. 2163, cyberbullying was defined as followed:
Cyberbullying
"a) Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
(b) As used in this section—
(1) the term ‘communication’ means the electronic transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received; and
(2) the term ‘electronic means’ means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.’’
As written, H.R. 2163 does not consider nor define on-line masquerading. Nor does H.R. 2163 increase the penalities when a cyberbully uses a false identity or steals another person's identity when bullying a victim.
As CISSPs, we are in a unique position help lawmakers craft better legislation that goes further to protects all parties, insure that everyone's rights are protected in cyberspace, and at the same time, make cyberspace a more secure place.
