1. PENNSYLVANIA OFFICE OF
ATTORNEY GENERAL
Cyber Bullying Outline
“Sticks and Stones”
Craig S. LeCadre, Sr. Supervisory Special Agent
Amy Zapp, Chief Deputy Attorney General
April 24, 2012
I.
The information contained within this outline seeks to inform the legal community about
the emergence of an issue that does not fit concisely into any one specific area of
jurisprudence, however its effects continue to impact our children in ways that were
never intended nor expected. This writing is dedicated in memory of one such child…
Brandon Bittner.

2. II. THE MISSION
In 2009 the Pennsylvania Office of Attorney General created the crime prevention
program entitled “Sticks and Stones” to address which was then an emerging
phenomenon called cyber-bullying. Since that time, cyber-bullying has become such an
enormous problem that addressing it is a top priority of every school district within the
commonwealth after dealing with shrinking budgets and mandatory testing.
The information contained within this outline is a combination of data compiled from
various clinical studies conducted by experts and clinicians, as well as firsthand
information gathered by this author during interactions with thousands of students,
teachers, counselors and parents that were encountered during the past four years in the
Education and Outreach Unit. Its purpose is to inform the legal community about the
emergence of an issue that does not fit neatly into any one specific area of jurisprudence
but certainly continues to impact large segments of society in ways that were never
intended nor expected.
One fact that remains abundantly clear, however, is that the students of today are far
more knowledgeable about the current means of communication than their parents appear
to be. This is something that when looked back upon many years from now will be
regarded as one of those pivotal moments in time when societal changes were so
profound that it impacted future generations.
A. Education and Outreach Unit (EOU)
1. Comprised of a director, administrative assistant and six agents charged
with the task of developing and delivering various crime prevention
programs to citizens of the Commonwealth.
2. The programs are designed with the intent of informing citizens about
emerging trends in criminality so that they can take precautionary measures
to protect themselves as well as assist law enforcement in meeting its
mission in conducting thorough criminal investigations and prosecution of
offenders.
3. The programs are comprised of professionally produced video re-
dramatizations utilizing actual students and parents who were willing to
share their experiences with others in hopes of preventing them from
becoming victims of crime as well as victims to the “system”.
4. All of the programs are offered free of charge to schools, civic groups
and community organizations, as well as law enforcement, parole/probation
and treatment facilities.
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3. B. The Programs
1. “Truth & Choices: Shane’s Story” – addresses drug/alcohol abuse.
2. “Operation Safe Surf” – informs about dangers of internet predators.
3. “Faux Paw the Techno Cat” – in partnership with “i-Keep Safe”
addresses internet predators for students in grades K-4.
4. “Sticks & Stones” – informs about cyber-bullying.
5. “Stop Gun Violence” – addresses straw purchasing of firearms for
convicted felons.
6. “Senior Crime Prevention University” – addresses scams targeting the
elderly.
7. “Consequences” – informs about the dangers of prescription drugs.
C. Scope of the Mission
1. Since its inception in 2006, the EOU has reached approximately one
million citizens of the commonwealth.
2. The author of this chapter has been a member of the EOU for four years
and has personally addressed over 200,000 citizens of the commonwealth
during that time period.
3. Many of these experiences have been within the primary and secondary
levels of the educational system as to include public, private, parochial,
charter, cyber and home schools and several state universities.
4. Many presentations have been offered to hundreds of parents, civic and
counseling organizations, as well as many law enforcement, probation,
parole, treatment and detention facilities.
D. Manner of Delivery
1. The only program available for students within grade levels K-4 is
“Faux Paw the Techno Cat”. When this particular presentation is
conducted, it is done so using animated characters which reinforce basic
internet safety concepts through the vein of “stranger danger”, which most
students within those grade levels can and do identify with. Agents also
utilize muscle memory exercises to assist the students in recalling very
basic rules for avoiding strangers online as well as out in the public.
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4. 2. For grade levels 5 – 12, the videos with re-dramatizations are shown
and they are reinforced by the agents through interactive scenarios which
are presented to the students in a manner that maximizes various levels of
sensory intake:
a) Visual
b) Auditory
c) Tactile
d) Cognitive
3. For adult audiences, in addition to the videos, a power point is also
utilized to provide more detailed information so that adults can have a more
clear understanding of the myriad of issues confronting students today.
E. STICKS AND STONES
This program was designed to educate students, teachers and parents about the
importance of being safe online and to provide adults with resources to help
protect children while still allowing them to enjoy the benefits of today’s
technology. “Sticks and Stones” also illustrates how far the advances of
technology have outpaced laws governing internet activities and the challenges
that this presents to law enforcement and the court system. The program also
informs adults about the capabilities of the various social networking sites and
online gaming systems that are extremely popular with today’s children and the
many dangers that can arise from them. The program further discusses the effects
of cyber-bullying on students and provides adults with helpful hints to assist them
in identifying warning signs so that they can assist their children in addressing
this pervasive issue.
III. GENERATIONAL DIVIDE
A. Perspective
From the earliest cave paintings of the Anasazi Indians 25,000 years ago to the
text messages of today, humans have sought to leave an indelible impression that
would document their existence on earth.i
As social beings humans possess an
innate need to communicate with each other and as humans evolved throughout
the centuries so too have the methods by which we accomplish that task. History
is replete with countless methods of communication that were invented by iconic
figures which have vastly improved life for all of humankind and thus enabled it
to progress to where society is today.
Every step along the way from cuneiform bricks stamped by the Sumerians of
Mesopotamia [c.3300 BCE]ii
; to the printing press created by Johannes Gutenburg
in 1454iii
; to the first telephone patent filed by Alexander Graham Bell in 1876iv
;
to the first television transmission in 1926 by John Logie Bairdv
; to the first
electronic digital computer which began operation in 1946 at the University of
Pennsylvaniavi
; to the first mass produced IBM-PC in 1981 and to the release of
the Apple Macintosh computer in 1985vii
; the children of those eras were
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5. instructed by their parents or some other adult on how to utilize those devices.
The knowledge that was necessary to use those implements of communication
was passed down by the “elders” to the succeeding generations over the years.
B. Best of Intentions
Although the current era of “high-tech” has allowed for a quantum leap forward
in the way information is accessed and transferred from person to person, many
unexpected consequences have developed. Many parents of today’s students are
not fully aware of the capabilities of some of today’s technological devices and
yet they continue to provide their children with them without possessing a
working body of knowledge about the devices themselves. When asked why they
provided their children with high-tech devices such as cell-phones parents often
provide me with the following reasons:
1. Emergencies
2. Convenience
3. Entertainment
4. Academics
5. Appeasement
C. Power Shift
When encountering a student audience the below scenario is posed to them:
“Their parents cannot get the computer at home to work and to no avail
after they shower the computer with colorful epithets they turn to them,
‘the child’, for help with the computer”.
Needless to say every student raises their hand and relishes in this opportunity to
show up their parents. When asked how that moment in time made them feel
relative to instructing their parents on how to use the computer or how to send a
text message they say without hesitation that it made them feel like they’re
“smarter” than their parents.
This false sense of empowerment is fleeting, however, because what a parent
lacks in technical ability can be compensated for through life experience. The
students that were encountered over the past four years command excellent
technical abilities but they lack the life experience that is necessary to exercise
good judgment and discretion in the use of the technological devices that they use
every day.
D. Consumerism
In our consumer-driven society that we live in, it appears that just about every
child and teenager has a cell-phone. I have encountered children in first grade
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6. with cell-phones that their parents provided to them. Principals and counselors
report that even the parents of kids who receive free or reduced lunch at school
can still find the resources to provide those same kids with cell-phones and
expensive gaming systems.
E. Lack of Perspective
Based upon hundreds of interviews of students, parents and teachers it has been
determined that many parents of today’s students are not fully aware of the
capabilities of social networking sites like Facebook, MySpace or Twitter and
often don’t have access to their children’s passwords on these sites. It was also
learned that most parents of today’s students are unaware of the capabilities of the
online gaming technology such as Xbox Live, Play Station or Nintendo, where
their kids can play video games and chat verbally, as well as in written text
format, with people anywhere in the world. Many parents of today’s students
don’t realize that their children have the capability to pretend to be someone else
online by creating fictitious social networking profiles so that they can
communicate with anyone they choose.
Unfortunately, most teens are not good long-term thinkers and they don’t consider
that posting questionable photos or videos of themselves online makes them
extremely susceptible to damaging their “cyber” image as well as risking their
prospects for opportunities in the future like getting accepted to a university or
getting a job. Many parents often don’t realize that some college admission
officers are accessing information from social networking sites on prospective
applicants. Furthermore, most parents do not realize that their own employer
could be scrutinizing their behavior outside the confines of the workplace through
social media as well.
F. Cyber-bullying v. Bullying
According to the CDC, cyber-bullying is defined as utilizing technology to
perpetrate harassment of another through repeated posting of harassing or hurtful
comments, photos, rumors and threats on social networking sites, blogs or through
email, text messages or instant messages.viii
The distinction between this high-
tech variation of the bullying of old often gets conflated and misunderstood,
therefore, leading many parents to overlook and underestimate the impact of the
effects that it has on the children of today’s technologically driven society.
The past four years in EOU has allowed the author to learn that although parents
of today are utilizing technology more frequently than ever before, their
predominant method for communicating is still rooted within traditional means
of interpersonal relationships. It was through those relationships that today’s
parents were able to acquire various skill sets which can only be learned through
life experience and therefore everything that they encounter relative to
communicating with others, is viewed through that traditional communicative
paradigm.
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7. Not only do today’s students have to contend with the traditional forms of
bullying that their parents experienced, but in today’s high-tech environment they
also have to contend with cyber-bullying as well. The importance of this fact
appears to be lost upon the vast majority of parents of today, as many of the
students that were encountered have expressed profound feelings of
alienation, embarrassment and abandonment because their parents lack the
capacity to understand what they are going through.
This issue became painfully apparent when I received a letter from an eighth
grade student who attends a middle school in southern Fulton County. After the
completion of a “Sticks and Stones” presentation, I received an email from the
principal of the school seeking my mailing address so that one of her students
could forward to me a thank you letter that he wrote immediately after my
presentation.
Upon receiving this student’s letter a few weeks later he indicated that he was
being bullied by students and family members alike and that he felt so alone that
he was considering suicide until he heard my presentation. The principal
has since made a referral to the county Intermediate Unit to assist in this situation.
The main distinction between cyber-bullying and bullying is the ever-present
nature of the former over the latter. The standard bullying episode occurs within
one moment in time and space while the cyber-bullying episode transcends space
and time through the internet and can be disseminated instantaneously to a large
populous. The victims of cyber-bullying tend to re-victimize themselves by
reading the harassing statements repeatedly, as well as being re-victimized when
the offending statement or photos resurface on the internet.ix
IV. YOUTUBE GENERATION
A. The New Normal
Based upon interactions with thousands of students I have learned that they rely
heavily upon technology for many of their daily routines and rituals. The
following categories are the ones most identified by students as being
influenced by technology in their lives:
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8. 1. Communication – many students in middle and high school identified
their main form of communication peer to peer outside of school as being
through text messaging. They often reported incidents of
misunderstandings due to a lack of the ability to deduce emotion from the
text message which sometimes leads to hard feelings.
2. Recreation – many students readily admit to being “gamers” hence the
basis for all of those empty playgrounds that you see while traversing
through your neighborhood. Boys appear to favor this form of recreation
more so than girls and they admit to playing these games several hours per
day.
3. Socialization – today’s students rely heavily on social networking sites
such as Facebook, MySpace and Twitter. I have found that many students
and parents don’t know that the minimum age requirement to participate on
Facebook is 13 years old. I have come to find that there are plenty of
elementary school aged children who proudly admit to having a Facebook
page. When questioned as to why they are breaking the terms of service
agreements they blame their parents or older siblings.
4. Self-identification – provides teens with a convenient way to interact
and socialize with others who have similar interests.
5. Entertainment – YouTube is a very popular form of entertainment for
teens today because they can upload videos of themselves or others for
anyone to see. Unfortunately this can embolden or encouraged kids, as
well as adults of questionable character, to perform acts that are criminal,
anti-social, risky and bizarre in hopes of their videos going “viral”.
B. Poor Conflict Resolution Skills
Whether it is on the playground or on the internet, kids are not always going to
get along. Teachers and counselors report that poor conflict resolution skills are
being exhibited more frequently by students today and that students are quick to
lash out or exhibit aggressive behavior towards those whom they perceive to be
disagreeable or weaker than them. One study suggests that prolonged use of
electronic media by children often leads to an inability to resolve conflicts when
they arise and that teens that play violent video games routinely for prolonged
periods of time tend to be more aggressive and more prone to confrontations with
their teachers and peers.x
C. Dehumanization
The inability to resolve conflicts often leads to a pattern of dehumanizing
someone through technology. If a cyber-bully begins to target one specific victim
with an onslaught of hurtful comments, rumors, photos or “avatars”, a pattern of
dehumanization begins to emerge. Avatars are cartoon characters created to
either imitate the persona of its creator or a caricature of the victim. This
8

9. destructive process is meant to strip the victim away of their “humanity” while
at the same time marginalize the victim through the eyes of bystanders.
Such a case was brought to my attention while visiting a high school in Cranberry
Twp. During a cyber-bullying presentation it was reported by an assistant
principal that a 9th
grade student was targeted by another student who created a
webpage entitled “1,001 ways to kill …”. It was alleged that 76 members of the
community, including many parents, logged onto this website and suggested
different ways to kill this student. The matter was brought to the school’s
attention and the township police department took over the matter.
D. Magnification
Attacks on the victim through technology magnify the adverse feelings
experienced by the victim because of technology’s ability to reach a large
audience immediately on a 24/7 basis. Quite often one who is a target of a cyber-
bully imagines that the entire school or community is aware or can become aware
of the situation and this notion causes severe distress to the victim.xi
V. THE PLAYERS
There are often several different roles in a cyber-bullying episode. Some of the roles are
at times interchangeable.xii
A. Bully - initiates systemic harassing and annoying behavior against others.
B. Victim – those on the receiving end of harassing and annoying behavior of
bully or bystanders.
C. Bystander – those knowledgeable of bullying activity but fail to take action.
D. Mediator – anyone willing to take measures to resolve the conflict.
E. Panel – committee that reviews allegations and renders recommendations
based upon established policy.
F. Enforcer – authority figure responsible for handling disciplinary matters.
VI.ANATOMY OF A CYBER-BULLY
Data from various studies indicates that cyber-bullying peaks during the middle school
grade levels and gradually decreases further into the high school years.xiii
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10. 1. Immaturity
2. Self-esteem issues
3. Peer pressure
4. More freedom from parents through technology
5. Lack of empathy for domination of others
Adolescents who engage in cyber-bullying activity thrive on the imbalance of power and
control exerted over the victim in part because most kids at this age don’t have much
power or control over anything, yet when provided with the sudden freedom from
parental guidance that comes with a cell-phone or a computer, many boundaries that
typically guided them are totally removed. Other boundaries of societal decorum such as
politeness, tact and discretion also fall by the wayside.xiv
According to the CDC bullies at this level often target those who appear weaker
physically and exhibit a quieter demeanor than themselves.xv
Some studies attribute this
dominant behavior to the acting out of a learned behavior pattern from an aggressive or
abusive home environment.xvi
Studies have shown that these aggressive, combative and
competitive behavior patterns will worsen as the adolescent ages and that bullies have
increased chances of truancy and criminal behavior. xvii
VII. VICTIMIZATION
A. Contributing Factors
According to the CDC some of the contributing factors which increase chances of
victimization include but are not limited to having a quiet personality, self-esteem
issues and shyness.xviii
Other factors also cited by students are:
1. Students who possess more technical abilities than their parents and
spend inordinate amounts of time online in private.
2. Students who divulge too much personal information to others online.
3. Students who have disabilities.
4. Students whose sexual orientations are questioned by others.
B. Cyber-bullying and Teen Suicide
According to a study conducted by the Cyber-bullying Research Center, victims
of cyber-bullying often exhibit signs of increased anxiety, depression and
sometimes suicide. The study also found that teens who were victims of cyber-
bullying were more likely to have low self-esteem and suicidal thoughts.xix
As
many parents can attest, it can be quite a challenge to discern the difference
between normal bouts of teen depression from the changes of behavior that may
10

11. be overlooked or misunderstood as being a consequence of another issue
altogether.
It appears that one of the main problems of detection lies within a combination of
the naturally secretive nature of teenagers as they strive to gain independence
from their parents and the high degree of secrecy that the use of today’s
technology offers them. Unfortunately when the instrument that affords them the
independence that they seek is used as a weapon against them; many
adolescents don’t possess the coping skills necessary to deal with the complicated
life issues that confront them.
C. Potential Signs of Victimization
According to the website; stopbullying.gov, a child who is being victimized by
cyber-bullying might exhibit some of the following identifiers:xx
1. Use of alcohol
2. Truancy
3. Decline in grades
4. Development of health problems
Another significant potential identifier to be considered is kids who don’t spend
quality time with their parents but still prefer the company of other adults.
Sometimes children who are victims of bullies seek solace from outside their
own peer group and this can be a “double-edged sword”. If this pattern
emerges, it is vitally important that this is looked into because it could
potentially expose the child to a sexual predator of children.
VIII. THE BYSTANDER
According to most anti-bullying programs, one of the most critical role players is the
“bystander”. The bystander is critical because they represent the largest number of
students in any school and if they can be encouraged to report or better yet intervene to
stop bullying when they see it, this could go a long way in curtailing the bullying culture
within the school. However, if the bystanders are passive or worse yet instigators, this
can either encourage or exacerbate the bullying culture within the school because the
bullies will increase the bullying if there is an audience to “play” to. The bystander may
exhibit the following descriptors:xxi
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12. A. Others knowledgeable of bullying activity but do not directly engage in the
bullying activity initially. The passive role of the bystander often encourages the
bullying activity by default (silence = compliance).
B. Often fails to intervene out of fear of becoming a target of bullying
themselves.
C. They are afraid of being labeled a “snitch”.
D. In extreme cases they join forces with the victim to exact revenge against the
bully (dangerous).
IX.COMMON SCENARIOS
Based upon thousands of interactions with students, teachers and counselors collectively
across the commonwealth by the agents of the EOU, the most common scenarios of
cyber-bullying are detailed below along with some notable cases that resulted in criminal
prosecutions across the country.
A. Bait & Switch
This occurs when a cyber-bully pretends to be either a confidant or potential love
interest to the victim online and over a course of time elicits personal details and
intimate photographs from the victim knowing all along that they will use the
information to embarrass, humiliate or coerce the victim at a later time.
This scenario occurred in the matter concerning the death of Megan Meier in St.
Charles, MO. Megan was 13 years old when she committed suicide by hanging
herself in her bedroom on October 17, 2006. The mother of a teenaged rival was
indicted and convicted in the federal court system but the matter was overturned
on appeal. United States v. Lori Drew, 259 F.R.D. 449 (C.D. Cal 2009). Case
No. CR-080582-GW
B. Virtual Emasculation/De-feminization
This occurs when cyber-bullies spread rumors questioning the sexual orientation
of the victim or target the victim because they ascribe to an alternative
lifestyle.
This scenario occurred in the matter concerning the death of Tyler Clementi, who
was an 18 year old Rutgers University student who committed suicide by jumping
from the George Washington Bridge on September 22, 2010. Clementi’s
roommate Dharun Ravi was ultimately convicted of bias intimidation, invasion of
privacy and a host of other charges in the state of New Jersey, relative to him
viewing Clementi in an intimate moment with another male by accessing his
webcam on his laptop computer and using the material to assail Clementi’s
lifestyle on Twitter.
A similar incident in the commonwealth occurred on October 5, 2010, when 14
year old Brandon Bittner from Snyder County, walked eight miles from his home
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13. to route 11/15 and committed suicide by stepping in front of an 18 wheel tractor-
trailer. According to Brandon’s mother, Tammy Simpson, who has spoken with
me personally, her son was routinely bullied by students in school and on-line
because they said that he was gay.
According to the Suicide Prevention Resource Center, LBGT youth attempt
suicide at a rate that is 2-4 times higher than their heterosexual peers.xxii
A
review of the research found that the relationship between bullying and suicide
risk was stronger for LGB youth than for heterosexual youth.xxiii
C. Mean Girls
According to most middle and high school principals within the commonwealth
“mean girls” are by far the most frequent, difficult and time consuming of the
cyber-bullying scenarios to deal with. Studies suggest that teenage girls tend to
utilize electronic devices twice as much as boys to bully their rivals.xxiv
Listed
below are the most frequently provided reasons that girls in grade levels six
through college provided for bullying their perceived female rivals.
1. Jealousy – many girls reported feelings of jealousy over boys, looks,
clothing, financial status and academic or athletic achievement.
2. Popularity – many of the girls reported that they felt that they could
gain more popularity among their peers by dominating or excluding other
girls who they perceived as easy targets or with whom they thought they
were competing against for the attention of a boy who was himself very
popular within the school.
3. Power – many girls reported that bullying their female rivals made
them feel more powerful and that they did not regret their actions.
4. Normal behavior – surprisingly many of the girls perceived this to be
normal behavior and possessed a “survival of the fittest” attitude about this
issue. One high school student from Cumberland county openly stated in
front of hundreds of her classmates and several teachers that… “we (girls)
outnumber boys at a ratio of 2:1 and we’re competing for mating rights”.
There have been many notable cases that have garnered national headlines on this
issue but perhaps none more tragic than the case of Phoebe Prince, who was a 15
year old high school student in Massachusetts, who was bullied so severely by a
group of girls that she committed suicide by hanging herself in her family’s
apartment. Five girls and one boy involved were charged criminally and the girls
pleaded guilty to lesser offenses while charges against the boy were withdrawn.
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14. X. “SEXTING “
A. This lewd behavior can manifest itself in many different ways but with
regard to involvement by minors the scenario usually involves a minor taking
nude or semi-nude photos of him or herself and transmitting them to another
minor directly or through social media. In 2009 there were several notable cases
in the commonwealth that garnered scrutiny for the various ways in which they
were handled by law enforcement and prosecutors.
1. Greensburg-Salem Seven
Seven high school students, three girls and four boys, were charged under
the child pornography statute and ultimately pleaded guilty to
lesser offenses.
2. East Pensboro High School
Three high school girls were initially charged with disorderly conduct for
sending nude photos of themselves to cell-phones of several boys
attending the school. Charges were later withdrawn.
3. Miller v. Mitchell, 598 F.3d 139 (3d Cir. 2010) (appendix A)
B. Two bills were introduced in the General Assembly in an effort to
specifically address cyber-bullying/sexting matters involving minors.
1. HB 815/Grove (appendix B)
2. SB 850/Greenleaf (appendix C)
XI.Social Media
Citizens can establish their own page or account where they can share personal info,
photos and interact socially with others thru the network; or to each other directly via
instant messages. These sites are extremely popular with youth and adults alike and these
sites have become a staple in the lives of over one billion people. Many of these sites
limit participation to users who are 13 years old or older, however it is common
knowledge in all school districts within the commonwealth that even students in
elementary school have accounts on these sites.
A. Effects on Schools
When agents from the EOU visit schools to offer the “Sticks and Stones”
presentation, the issue that principals and counselors want to have addressed
after mean girls” is students bullying each other through social networking sites
“at home”. Just about every principal voices their frustration about this issue
vociferously due to the amount of time that is spent by school administrators,
counselors and teachers in dealing with these matters. When asked about the
level of cooperation exhibited by parents when they’re contacted by the school,
most principals indicate that more often than not, parents do cooperate only after
it is proven to them that their child was involved.
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15. In some instances however, principals indicated that some of the parents
themselves engaged in bullying and harassing behavior in support of their child.
This particular scenario was reported predominantly within small tight-knit
communities where familial grudges and animus towards school or local
officials is rampant.
B. Effects on Law Enforcement
The phenomenon of social networking sites and social media has permeated law
enforcement as well. There are many documented cases of criminal acts being
filmed via cell-phone and disseminated via social media providing law
enforcement with valuable evidence.
Perhaps one of the most notorious instances of this occurred in the 2009 killing of
16 year old honor student Derrion Albert of Chicago, who was beaten to death by
five teens with large wooden planks outside his school in broad daylight. Several
“bystanders” in the crowd used their cell-phones to capture the beating on video
and it was ultimately uploaded via social media and viewed worldwide. During
the ensuing investigation police were able to identify and arrest several of the
attackers, four of whom were tried as adults, ultimately convicted and
sentenced to lengthy terms of incarceration. The fifth defendant was tried as a
juvenile and will be imprisoned until he reaches 21years old.xxv
The social media website Facebook was used during a “murder for hire” case that
originated out of Philadelphia in 2011. Twenty year old London Ely utilized
Facebook to put a “hit” out on her ex-boyfriend, twenty-two year old Corey
White. According to published reports, Ely offered a “stack” ($1,000) to anyone
who would kill White, on her Facebook page and her offer was answered by 18
year-old Timothy Bynum, who agreed to murder White for the money. Both Ely
and Bynum were subsequently charged with criminal solicitation to commit
murder and criminal conspiracy to commit murder but ironically White was
gunned down and killed in a west Philadelphia neighborhood a few months
later.xxvi
According to court docket sheets, Ely pleaded guilty to charges of criminal
solicitation to commit murder and was sentenced to 3 to 23 months confinement
and a five year term of probation. Bynum pleaded guilty to charges of
criminal solicitation to commit murder of the first degree and was sentenced to 11
½ to 23 months confinement followed by an 8 year term of probation.xxvii
C. Effects on the Masses
Social media has also been extremely influential in organizing large masses of
people who use social media to orchestrate mass public oddities such as “flash-
mobs”, mass protests such as the series of “occupy” protests across the US, as
well as contributing to civil unrest within countries with repressive governments.
It was widely speculated by the British media, that social media played an
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16. instrumental role in the several days of rioting that occurred throughout England
during August 2011.xxviii
XII. Concerns for Law Enforcement
Any criminal investigation involving evidence emanating from any electronic data
storage device causes many concerns for law enforcement and prosecutors alike. Much
time, expense and resources, both in the form of personnel and specialized equipment, are
among the first concerns to be considered by all levels of law enforcement when evidence
must be retrieved from cell-phones, computers, social media and all other means of
electronic communication. There are many other concerns that must be addressed as well
which are listed below:
A. Verification – determine if statements constitute criminal offense and then
verify authenticity of statements or threats as well as origin.
B. Privacy – must execute search warrant, serve subpoena or court order on
internet service provider or cellphone carrier.
C. Jurisdiction – must establish which agency will serve warrant and file
criminal charges if warranted.
D. Admissibility – consultation with prosecutors throughout investigation is
crucial.
XIII. Concerns for Educators
The education sector has many concerns regarding how matters emanating from cyber-
bullying or sexting issues are handled. In 2008 all school districts within the
commonwealth were mandated by Act 61, to incorporate an anti-bullying policy into
their code of conduct subject to review annually by the Office of Safe Schools.xxix
Listed
below are ancillary issues that the author has identified through personal experience
while visiting hundreds of schools within the commonwealth.
A. Leadership
Based upon many interactions with principals across the commonwealth, the vast
majority of them take their responsibility in addressing bullying very
seriously and it permeates down through the staff and to the students as well. In
a few instances where cyber-bullying was at hand and the principal appeared to be
somewhat hesitant on how far they could proceed with handling these matters,
this sense of ambivalence permeated down to the teachers and counselors, who
expressed frustration due to the fact that the students perceived this and seized
upon the opportunity when they realized that consequences were minimal or
nonexistent.
B. Origin
An issue that is most vexing to educators is that a vast majority of incidents of
cyber-bullying occur outside of the school when the students are at home. Some
of the more assertive principals will address these matters depending on how
16

17. much it is interfering with the overall educational process within their schools, but
they do so cautiously to ensure that their actions are within the boundaries of their
district’s policies. It has been learned that parochial schools have a bit more
latitude in this regard because they can rely upon the code of “moral” conduct, by
which all students within their schools must adhere to in and “out” of school.
C. Communication with Parents
In the few instances when it became known that some sort of animus existed
between a parent or group of parents and school officials, to the point where there
was litigation pending, the acrimony within the school was not outwardly
detectable among the student audience but it certainly became evident during the
parent presentation later in the evening among the few parents that attended
them. Proactive measures of communication with parents can be helpful in
alleviating these situations prior to their escalation.
D. Constitutional Rights
Many principals have expressed concerns about how much they should pursue
accusations of cyber-bullying versus the right of students to speak freely while
using electronic devices and social media. In cases where threats of violence
against a student or the school are made, law enforcement is notified but when
derogatory or racially insensitive comments are made, things are not as clear.
Another area of concern expressed by principals is the constant policing of
students bringing their cell-phones or other handheld electronic devices into the
schools. Most schools have policies in place that forbid these devices to be in use
anywhere in the building during normal school hours and are subject to seizure
until the end of the school day, or if the student is a repeat offender, until a parent
is notified. I have personally witnessed students react defiantly towards teachers
and principals when they were caught with their cell-phones out in the open
during presentations.
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18. E. Reporting
1. Anonymity - School districts around the commonwealth have taken
proactive measures to encourage students to report bullying to varying
degrees of success. It appears that anonymity is critical in getting more
students to come forward. Some schools have established “bully boxes”
that are situated in heavily trafficked areas within the school where students
can drop notes reporting instances of bullying. Other schools have allowed
for the creation reporting of bullying via email on the school’s website.
2. Peer Mentoring - some schools are establishing peer mentoring teams
comprised of students found to be of high moral character that are willing
to assist other students experiencing problems with bullying. The peer
mentors have to meet certain criteria in order to be eligible to participate in
these programs such as maintaining good grades and being free of any
disciplinary issues. Thorough vetting of potential peer mentors is critical.
XIV. Concerns for Parents
A. Participation
Of all the stakeholders who have the ability to effectuate the most change of
student behavior relative to reducing bullying and cyber-bullying, parents are
simply “missing in action”. Unfortunately it has been the experience of
educators, counselors and agents in EOU that a large majority of parents are not
taking an active role in monitoring or curtailing their children’s use of
technological devices.
In most cases when parent presentations are conducted at schools, whether it is
during the day or evening, parental attendance levels are extremely low.
Principals as well as PTA/PTO groups try in vain to get parents to attend the
presentations as to include; robo-calls, emails, letters, advertisements, food,
babysitting, raffles, homework passes, dress down credits and community service
credits. A few of the more successful methods of improving parental attendance
is when the issuing of prom tickets are contingent upon parental attendance or if
anti-bullying messages are imbedded within school musical or play productions.
B. Parameters
All school districts within the commonwealth provide some form of basic
technology training for students. Unfortunately many parents are not reinforcing
these parameters on the home front. Numerous technology teachers that were
interviewed advised that much of the discipline and skill sets that are
provided to the students in the classroom are not being reinforced at home by
parents.
According to Cris Rowan, a pediatric occupational therapist, electronic devices
are being provided to children at such a young age that she believes that it is
beginning to displace the natural connection between parent and child.xxx
In
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19. some cases however, it could simply come down to the fact that many parents
either are not taking the time to understand what their children are learning
or they simply don’t understand the technology themselves.
Many of the technology teachers also report that their students demonstrate a
sense of entitlement when it comes to their use of the technological devices that
are being provided to them by their parents. Furthermore, the teachers report that
the students lack a sense of responsibility in regard to the way that they use them.
When students are asked during a presentation by the author, how many of them
believe that they have a “right” to a cell-phone, the majority of them respond
affirmatively without hesitation.
It is critical that parents establish as early as possible with their children the
notion that the same level of responsibility must be undertaken with the use and
care of technological devices as with any other household appliance or tool.
C. Dialogue
Now more than ever before, parents must continue to maintain an ongoing
dialogue with their children as they enter adolescence in this age of high
technology. Long gone are the days of parental snooping through diaries or the
discovery of adult magazines under the mattress.
Due in part to the combination of technology, “reality” shows and “pop culture”,
teens today are being exposed to far too many questionable life issues and it’s
obvious to this author that it is confusing their understanding of what is
considered to be acceptable social behavior. Many important life lessons can be
learned at the dinner table and parents must continue to create opportunities to
impart these important life lessons upon their children.
D. Life Lessons
According to many of the teachers and counselors that were encountered over the
years by this author, the areas in most need of improvement that they notice with
the students of today are; a lack of self-respect, self-acceptance and empathy.
Obviously these issues fall outside the bailiwick of teachers and counselors and
perhaps should emanate from standards reinforced by their parents or other
familial caregivers.
E. Support
There is something to be said for knowing the difference between supporting your
child or enabling your child’s questionable behavior. This particular issue can
cause distrust and misunderstanding between principals and parents when matters
pertaining to cyber-bullying erupt. Having worked in law enforcement for 24
years this level of clarity appears to be lost among many parents and needs drastic
improvement. Providing support to their children is obviously a priority for every
parent, but it shouldn’t be to the exclusion of another student’s right to be free
from a child who is a bully.
19

20. F. Constancy
As any principal, teacher or counselor will tell you - “kids crave structure”.
During the fall of 2011, I had the privilege to spend several weeks with two
school counselors, Heidi Dorman and Dave Hoffman, who work in the
Shikellamy school district and provide counseling services for students at
Sunbury Middle School. In support of the school’s “careers path” program, all of
the programs offered by the EOU were provided to grades seven and eight.
Over the course of several weeks over fifty presentations were conducted and this
author got to know some of the students pretty well.
Although the experience was grueling, it not only served to reinforce my
profound respect for what principals, teachers and counselors do as dedicated
professionals on a daily basis on behalf of their students, but it also provided me
with insight into how the issue of family dysfunction can affect students in ways
so profound that even the most callused law enforcement professional would have
to shake their head in amazement at how resilient kids can be.
XV. Concerns for Students
Of all the programs offered by the EOU it is perhaps this one, “Sticks and Stones”, that
requires a huge dose of inspiration. As any teenager will gladly tell you, the teen years
are very confusing and daunting to begin with and there is never a shortage of issues or
concerns that begin to weigh heavy on the mind of a teenager. Now factor in having to
grow up in a time with such unforgiving means of communication, due to its permanence
and far reach, and things can get depressing really fast.
It is vitally important that students understand their level of responsibility when they use
the technological devices of today. I have found that once the students have been
adequately instructed on the rules of engagement, particularly in a manner that they find
to be interesting and without coming across as being too “preachy”, they tend to recollect
some of the more important issues.
A. Trust
When students are asked to describe some of the attributes that they look for in a
friend, “trust” is usually the first among them. After the students finish providing
me with their attributes, they’re asked if they can find any of these attributes on
Facebook and the answer is a resounding “no”. The students are then asked why
they would engage in an activity that they already know provides them with no
tangible benefit and they cannot come up with any reasonable explanations.
B. Develop Interpersonal Skills
During any presentation involving technology, such as “Operation Safe Surf” or
“Sticks and Stones”, routine polling of the student audience is conducted about
how many “friends” they have on Facebook and the numbers that they provide
are shocking. It is apparent that students of today have the belief that they are
validated in some way by the volume of “friends” that they have on social
networks. However, when asked if they felt that they could really count on any of
20

21. their “Facebook friends” to be there for them when times get tough, they say
“no”.
Many of today’s students seem to possess the same level understanding of what a
“friend” is supposed to be, just as their parents did at their age, but I believe
the difference today is that they don’t practice the skill sets necessary to
cultivate their friendships because most of their communication today is done
through an impersonal medium. Practically every teacher and counselor that I
have encountered unanimously agreed that many students of today exhibit poor
interpersonal skills and have a hard time maintaining friendships with their peers.
This notion is supported by Melissa Ortega, a child psychologist at New York’s
Child Mind Institute, who said that “children of today are not learning how to deal
with conflict face to face because so much of their interactions with peers are
occurring through some sort of technology”.xxxi
C. Develop Support System
Addressing cyber-bullying is a daunting task that requires assistance and self-
discipline. “Common sense” should dictate that if an activity is causing you
distress, then stop engaging in that activity. This might sound easy enough to the
average well-adjusted adult but not to a teenager. Students need to reach out to
people that they can trust to provide them with positive coping mechanisms so
that they don’t succumb to the aforementioned negative ones discussed earlier.
D. Maximize Talents and Abilities
Students must try to identify and develop their talents and abilities so that they
can rely upon them to help bolster their self-esteem and confidence. Not every
student is going to be a star athlete or an honor student. Those students will
require assistance from others that might see their potential and encourage them to
pursue certain paths.
E. Projection
Inspiring the students to revel in their individuality and to try to see themselves
not as awkward teenagers but as a work in progress towards becoming the future
leaders of our commonwealth is the goal. Upon directing the students to look
directly into the eyes of the student sitting beside them and some of them find this
simple task very difficult. They are then asked to imagine that the opposing
student one day saves them from succumbing to heart disease because he or she
became a heart surgeon. The students are then asked to imagine that perhaps one
day that the opposing student grows up and becomes president. The students are
then asked to envision that perhaps the opposing student might one day become
their future spouse!
XVI. Conscience of Society
I often say to students that you can tell a lot about a community by the way it treats its
children because children are the “conscience of society”. It is my belief that the children
of any society represent the future success or failure of that society based upon what they
21

22. were taught by those who came before them. I further believe that children in their very
essence personify the last vestiges of innocence of society and that they need to be
nurtured and cherished as its most precious commodity; for their behavior is a reflection
upon us as parents and leaders.
Appendix A
22

23. Appendix B
23

24. Appendix C
24

25. Appendix D
25

26. 26

27. i
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
ii
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
iii
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
iv
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
v
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
vi
Smithsonian Institution first American edition 2011, Time lines of history, DK Publishing
New York, NY pp. 28-29.
vii
Bellis, M. 2012 The history of computers, About.com, inc. Web. 14 Apr. 2012
http://inventors.about.com/library/blcoindex.htm?p=1
viii
Center for disease control, 2011 Technology and youth: protecting your child from electronic aggression. Web. 14 Apr.
2012 www.cdc.gov/violenceprevention
ix
National center for education statistics and bureau of justice statistics, 2008-2009 School crime supplement. Web. 16
Apr. http://www.stopbullying.gov/cyberbullying/what-is-it/index.html.
x
Gentile, D.A., Lynch, P., Linder, J & Walsh, D. (2004). The effects of violent video game habits on adolescent
hostility, aggressive behaviors, and school performance. Journal of adolescence, 27, 5- 22. American academy of
pediatrics. Web. 16 Apr. 2012. http://www.pamf.org/children/common/behavioral/electronics.html
xi
National center for education statistics and bureau of justice statistics, 2008-2009 School crime supplement. Web. 16
Apr. http://www.stopbullying.gov/cyberbullying/what-is-it/index.html
xii
Olweus, D., Limber, S., & Mihalic, S. (1999). Blue prints for violence prevention, book nine: Bullying prevention
program. Boulder, CO: Center for the study and prevention of violence.
xiii
Nauert, R., PhD. (2010). Psychological profile of teen cyber-bullies. Psych Central. Web. 12 Apr 2012.
http://psychcentral.com/news/2010/07/06/psychological-profile-of-teen-cyberbullies/15344.html.
xiv
Hartwell-Walker, M., Phd.,(2010). Cyber-bullying and teen suicide. Psych central web. 13 Apr. 2012,
http://psychcentral.com/lib/2010/cyberbullying-and-teen-suicide/.
xv
National center for education statistics and bureau of justice statistics, 2008-2009 School crime supplement. Web. 16
Apr. http://www.stopbullying.gov/cyberbullying/what-is-it/index.html
xvi
Olweus, D. (1993). Bullying at school: what we know and what we can do. Cambridge, MA: Blackwell Publishers,
Inc.,p.34. National Youth violence prevention resource center. Web. 30 Apr. 2008.
www.safeyouth.org/scripts/faq/bullying.asp.
xvii
Lyznicki, J, et al. (2004). Childhood bullying: Implications for physicians. American family physicians 70(9): 1723-
1728. WebMD (2010). Web 22 Apr 2012. http://www.webmd.com/parenting/tc/bullying-characteristics-of-children-who-
bully.
xviii
Center for disease control, 2011 Understanding bullying .Web. 14 Apr. 2012 www.cdc.gov/violenceprevention
xix
Hinduja, S. and Patchin, J.W. (2009). Cyberbullicide-the relationship between cyberbullying and suicide among
youth. Cyberbullying research center blog. Web 24 Apr. 2012. http://cyberbullying.us/blog/cyberbullicide-the-
relationship-between-cyberbullying-and-suicide- among-youth.html.
xx
National center for education statistics and bureau of justice statistics, 2008-2009 School crime supplement. Web. 16
Apr. http://www.stopbullying.gov/cyberbullying/what-is-it/index.html.
xxi
Olweus, D., Limber, S., & Mihalic, S. (1999). Blue prints for violence prevention, book nine: Bullying prevention
program. Boulder, CO: Center for the study and prevention of violence.
xxii
Suicide Prevention Resource Center, (2008). Web 25 Apr 2012. http://sprc.org
xxiii
Kim, Y., & Leventhal, B. (2008). Bullying and suicide: A review. International Journal of Adolescent Medicine and
Health, 20(2), 133-154.>Web. 25 Apr 2012. http://sprc.org
xxiv
Hinduja, S. and Patchin, J.W. (2010). Cyberbullying research center: cyberbullying by gender. Web. 16 Apr. 2012.
http://www.cyberbullying.us/2010_charts/cyberbullying_gender_2010.jpg.
xxv
Keyser, J. and Tarm, M. (1/19/2012). Viral Chicago video points to disturbing trend. Associated Press.
Web. 19 Jan. 2012. http://entertainment.verizon.com/news/print.php?
id=18927874&ps=931&cat=&cps=0&lan
xxvi
Associated press, (8/16/2001), Target of facebook murder-for-hire case fatally shot, Philadelphia Inquirer. Web.
16 Aug. 2011, Pennliv.com. http://blog.pennlive.com/midstate_impact/print.html?
entry=/2011/08/target_of_facebook_...

28. xxvii
Unified judicial system of Pennsylvania (AOPC). Web: https://ujsportal.pacourts.us/docketsheets/CPReport.aspx?
docketNumber=CP-51-CR-0009341-2011.
https://ujsportal.pacourts.us/docketsheets/CourtSummaryReport.aspx?matterID=202033265.
xxviii
Muscato, Frank (9/16/2011) “History of flash-mobs”, The Muscato Group>www.fcmuscato@gmail.com.
xxix
Pennsylvania General Assembly: House bill 1067 (2007-2008) Mann:
http://www.legis.state.pa.us/cfdocs/billinfo/BillInfo.cfm?syear=2007&sind=0&body=H&type=B&bn=1067
xxx
Rowan, Cris, OTR: “The impact of technology on child sensory and motor development”. Web. 24 Apr.2012:
http://www.sensoryprocessing.info/CrisRowan.pdf .
xxxi
Bindley, K. Hufington post article, (12/9/2011): “When children text all day, what happens to their social skills?
>”Ortega, Melissa, PysD. (12/9/2011): Child mind institute: web. 9 Dec. 2011: http://www.childmind.org/en/press/press-
mention/when-children-text-all-day-social-skills.