[Congressional Record Volume 159, Number 124 (Thursday, September 19, 2013)]
[Senate]
[Pages S6627-S6629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             CYBER BULLYING

  Mr. CASEY. Mr. President, I rise today to speak about an issue we 
don't talk about here, and I am joined by my colleague, the senior 
Senator from Florida, Senator Nelson.
  We appear on the floor today to talk about an issue which I would 
argue is a clear and present danger to young Americans. What is that? 
We could probably make a long list of things we are concerned about as 
it relates to young people, but we are here today to talk about 
bullying and harassment.
  According to the Department of Education, nearly one in three 
students ages 12 to 18 is affected by bullying and harassment. Another 
study estimates that 60,000 students in the United States of America do 
not attend school each day because they fear being bullied.
  With the advent of text messaging and social media, many children 
find they cannot escape the harassment when they go home at night. It 
follows them from the moment they wake until the moment they go to 
sleep. This problem was brought once again into the national 
consciousness in the last couple of days.
  I am reading a headline from the Tampa Bay Times, dated September 12, 
2013: ``Lakeland Girl Commits Suicide After Being Bullied Online.''
  Senator Nelson will be talking about that, as will I.
  Here is the other headline from the Washington Post about the same 
incident: ``Police: Florida Girl Who Committed Suicide Had Been Bullied 
for Months by as Many as 15 Girls.''
  I am the father of four daughters and I remember times when my 
daughters were going through high school. We have one in high school, 
one in college, and two out of college. I remember when our daughter 
was going through high school and instant messaging was one way to 
communicate, kind of a back and forth between some of the girls in her 
high school class. She was about 15 or 16 at the time. It never rose to 
the level of any kind of serious harassment. It was something that a 
lot of families I am sure have experienced. But my wife and I were 
blessed that our daughters never were exposed to what this young girl 
was exposed to. I won't show her picture, but I am looking at a picture 
of her right now. Her name is Rebecca Ann Sedwick, 12 years old, of 
Lakewood, FL, a beautiful girl subjected to the most horrific kind of 
harassment and abuse. It is almost unimaginable that a group of human 
beings could do this to another person. Unfortunately, it happens all 
too often.
  Because my colleague from Florida knows the case and the news 
articles better than I, I ask him to highlight this. But I think we all 
have the same reaction, one of horror, and we are summoned by our 
conscience to do something about this. We can't just say, as some say, 
Well, every generation has faced some kind of harassment, some kind of 
bullying, so it is part of growing up. I have heard this argument. The 
argument is without validity, because no generation prior to this 
generation has had the technological burden. When I was growing up and 
someone was bullied at school, that was bad enough, but it ended when 
the schoolday ended. But today that is not possible if you have 
determined and vicious people who want to bully another student, 
because technology allows that person to be bullied when they leave 
school, all throughout the night, and then throughout the next day and 
day after day.
  I turn with respect to my colleague to talk a little bit more about 
this particular case.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON. Mr. President, many States such as mine, Florida, have 
strict bullying policies in place. But we need to go beyond that, and 
Federal legislation is needed because, as the Secretary of Education 
has said, these laws in the States ``lack consistency and enforcement 
mechanisms'' across the country.
  So you get to the tragic case in Florida of Rebecca Ann Sedwick. It 
is a tragic reminder that bullying in the social media is increasing in 
both method and mercilessness.
  Here is a girl with a single mom. She gets subjected to this bullying 
in class, so her mom takes her out of the school and puts her into 
another school. This is a 12-year-old little girl. She then is bullied 
online.
  This occurs for 2 years. This is what she gets: Why are you alive? 
You should die. You are ugly. Can you die, please? She gets a constant 
dose of this not only at school, but then in the social media. Her mom 
tried to take

[[Page S6628]]

away the cell phone that would have these applications. But when she 
gets her phone back, she gets a new application, and this cyber 
bullying keeps coming through.
  We have before us legislation that would get educators and parents 
more involved in trying to prevent this kind of bullying. 
Unfortunately, Congress is crippled by gridlock and for the last 6 
years has been unable to pass any major education bill that contains 
this anti-cyber-bullying language. That is why I suggest my colleagues 
consider this provision on its own--separate from the broader bill--to 
expedite our response to what has become an increasing problem. The 
measure would require elementary and secondary schools to better 
address bullying and harassment. This calls on schools to report 
incidents of bullying to parents and others so we can try to prevent 
such conduct in theture.
  I have asked the leadership, the leadership of the committee, as has 
my colleague, that they consider expediting this passage because of the 
national attention to this tragic incident in Florida. I can tell you, 
it is all over Florida.
  I want to thank Senator Casey for his sponsorship and continuing 
leadership on this issue over the last two Congresses, along with 
Senator Kirk. He and Senator Kirk have introduced the Safe Schools 
Improvement Act, which is included in the broader reauthorization of No 
Child Left Behind legislation--if we could then focus on this specific 
issue, if the broader bill is not going to pass, and get this out in 
the midst of this enormous personal tragedy.

  I cannot understand. For 2 years this has happened to a young child. 
Her mom is doing everything possible, even pulling her out of one 
school and putting her in another. Yet it continues and it drives this 
young lady to go into an abandoned cement plant and take her life 
because she doesn't think her life is worth living as a result of all 
of these taunts.
  I thank Senator Casey for his leadership. Let's see if we can move 
it.
  The PRESIDING OFFICER (Mr. Heinrich). The Senator from Pennsylvania.
  Mr. CASEY. Mr. President, I commend Senator Nelson for his leadership 
and for bringing this horrific example to the attention of the Senate, 
at least on the floor, even though many had seen the news coverage. I 
thank him for his leadership in trying to focus on this, even if a 
larger education bill does not pass.
  I will conclude by saying anyone who doubts this is a problem should 
read one or more of these articles about this case, but I am sure we 
could cite many others. I will make part of the Record both of these 
articles I referred to, the Tampa Bay Times of September 12 article and 
the Washington Post story of the next day, September 13, that I 
referred to.
  I want to read two lines from both stories. From the Tampa Bay story, 
the sheriff of Polk County, FL, Sheriff Brady Judd, says about Rebecca 
Ann Sedwick, she was ``absolutely terrorized on social media.'' That is 
the sheriff, a law enforcement official who made a determination about 
what happened to this girl.
  Then in the Washington Post story--this is actually the Washington 
Post but it is the Associated Press; I should correct that--but right 
in the middle of the story by the Associated Press:

       The case has illustrated once more the way that youngsters 
     are using the Internet to torment others.

  In one they refer to being ``terrorized,'' in the other they refer to 
someone being ``tormented.''
  This is a big problem. The legislation I have introduced may not have 
prevented this, but for sure we need legislation where schools at a 
minimum are required to have a code of conduct which includes bullying 
and harassment.
  By the way, they do not need to wait for a bill to be passed. There 
is no excuse for a school in the United States of America not to have a 
code of conduct that specifically prohibits bullying right now. Any 
school district that does not have that in place should be ashamed of 
themselves and they should get to work and get that done. They don't 
need to wait for a bill from Washington.
  That is No. 1, prohibit the conduct very specifically. No. 2, the 
States need to collect information and make that information available 
and report this information to the Department of Education. But one of 
the most important features of this, to get it right, is you have to 
specifically prohibit bullying that is done by way of electronic 
communication.
  Whether or not this bill is passed in the near term, there are things 
schools can do right now. They have no excuse to wait for a bill. That 
is the school's responsibility, and the community's, and the school 
district's.
  What about other areas of responsibility? Parents have a 
responsibility. So parents either of the tormenters, the perpetrators 
of this crime, but even parents who do not have children involved on 
either end--every parent has a responsibility. I know people do not 
like to hear that. They do not like public officials telling parents 
what they should do. Frankly, I am not too concerned about that today. 
Every parent has a responsibility to tell their children not to engage 
in this kind of conduct. If they do not do that, they are not doing 
their job. If their child is involved in this kind of bullying, they 
need to figure out a way to stop their children from doing that. If 
they do not do that, they are not doing their job. Parents who hear 
about another child who is being bullied have a responsibility to tell 
someone, and the students have a responsibility as well.
  We are all responsible here. We cannot say it is just the school 
district's problem or just the Federal Government's problem or just the 
State's problem or just the parents' problem. We are all responsible 
when this happens and we all have a responsibility to do something 
about it because this is unacceptable. This is a crime we should never 
ever tolerate.
  Unfortunately, we keep reading the stories, we keep hearing about 
this, and some people are willing to walk away. We need to do more than 
just talk about legislation. I have a very good bill. I thank Senator 
Kirk for making it a bipartisan priority. But we have to do more than 
just talk about legislation and pass bills. That is important, but we 
need to take ownership of this issue as parents, as citizens, and as 
Americans. We all have a responsibility.
  May it be said years from now, decades from now, that because of 
horrific and disturbing stories such as the story from Florida where 
Rebecca Ann Sedwick was pushed and tormented to the point where, 
according to the news article, she committed suicide--let it be said of 
us that we took the right steps to substantially reduce the likelihood 
that this kind of story ever plays out again.
  I ask unanimous consent the articles be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Sept. 13, 2013]

Police: Florida Girl who Committed Suicide had Been Bullied for Months 
                         by as Many as 15 Girls

                         (By Associated Press)

       Tampa, FL.--For nearly a year, as many as 15 girls ganged 
     up on 12-year-old Rebecca Ann Sedwick and picked on her, 
     authorities say, bombarding her with online messages such as 
     ``You should die'' and ``Why don't you go kill yourself.''
       Rebecca couldn't take it anymore.
       She changed one of her online screen names to ``That Dead 
     Girl.'' She messaged a boy in North Carolina: ``I'm 
     jumping.'' And then, on Monday, the Lakeland girl went to an 
     abandoned concrete plant, climbed a tower and hurled herself 
     to her death.
       Authorities have seized computers and cellphones from some 
     of the girls as they decide whether to bring charges in what 
     appeared to be the nation's latest deadly cyberbullying case.
       The bullying started over a ``boyfriend issue'' last year 
     at Crystal Lake Middle School, Sheriff Grady Judd said. But 
     he gave no details. Police said Rebecca was suspended at one 
     point for fighting with a girl who used to be her friend.
       Rebecca had been ``absolutely terrorized'' by the other 
     girls, Judd said. He said detectives found some of her 
     diaries at her home, and she talked of how depressed she was 
     about the situation.
       ``Her writings would break your heart,'' he said.
       The case has illustrated, once more, the ways in which 
     youngsters are using the Internet to torment others.
       ``There is a lot of digital drama. Middle-school kids are 
     horrible to each other, especially girls,'' said Perry Aftab, 
     a New Jersey-based lawyer and expert on cyberbullying.

[[Page S6629]]

       Last December, Rebecca was hospitalized for three days 
     after cutting her wrists because of what she said was 
     bullying, according to the sheriff. Later, after Rebecca 
     complained that she had been pushed in the hallway and that 
     another girl wanted to fight her, Rebecca's mother began 
     home-schooling her in Lakeland, a city of about 100,000 
     midway between Tampa and Orlando, Judd said.
       This fall, Rebecca started at a new school, Lawton Chiles 
     Middle Academy, and loved it, Judd said. But the bullying 
     continued online.
       ``She put on a perfect, happy face. She never told me,'' 
     Rebecca's mother, Tricia Norman, told the Lakeland Ledger. 
     ``I never had a clue. I mean, she told me last year when she 
     was being bullied, but not this year, and I have no idea 
     why.''
       After Rebecca's suicide, police looked at her computer and 
     found search queries such as ``what is overweight for a 13-
     year-old girl,'' ``how to get blades out of razors,'' and 
     ``how many over-the-counter drugs do you take to die.'' One 
     of her screensavers also showed Rebecca with her head resting 
     on a railroad track.
       Police said that she had met the North Carolina boy at an 
     airport and that they had remained friends online. The 12-
     year-old boy didn't tell anyone about the ``I'm jumping, I 
     can't take it anymore'' message he received from her on 
     Monday morning, shortly before her suicide, authorities said.
       Detectives said the other girls' parents have been 
     cooperative.
       Florida has a bullying law, but it leaves punishment to 
     schools, not police. Legal experts said it is difficult to 
     bring charges against someone accused of driving a person to 
     suicide.
       ``We've had so many suicides that are related to digital 
     harassment. But we also have free-speech laws in this 
     country,'' Aftab said.
       In a review of news articles, The Associated Press found 
     about a dozen suicides in the U.S. since October 2010 that 
     were attributed at least in part to cyberbullying. Aftab said 
     she believes the real number is at least twice that.
       In 2006, 13-year-old Megan Meier hanged herself in Missouri 
     after she was dumped online by a fictitious teenage boy 
     created in part by an adult neighbor, Lori Drew, authorities 
     said. A jury found Drew guilty of three federal misdemeanors, 
     but a judge threw out the verdicts and acquitted her.
       Florida's law, the Jeffrey Johnston Stand Up for All 
     Students Act, was named after a teenager who killed himself 
     after being harassed by classmates. The law was amended July 
     1 to cover cyberbullying.
       David Tirella, a Florida attorney who lobbied for the law 
     and has handled dozens of cyberbullying cases, said law 
     enforcement can also seek more traditional charges.
       ``The truth is, even without these school bullying laws, 
     there's battery, there's stalking,'' he said.
                                  ____


               [From the Tampa Bay Times, Sept. 12, 2013]

        Lakeland Girl Commits Suicide After Being Bullied Online

                              (The Ledger)

       Lakeland.--Investigators have identified at least 15 girls 
     who were involved in the social media circle of a 12-year-old 
     Lakeland girl who took her own life after more than a year of 
     constant bullying.
       At a news conference Thursday, Polk County Sheriff Grady 
     Judd said it appears Rebecca Ann Sedwick jumped to her death 
     at an old cement business after being beat down with hate 
     messages online. Her body was found Tuesday.
       During their investigation, detectives found multiple 
     social media applications where Sedwick was cyberbullied with 
     messages, including ``Go kill yourself,'' and ``Why are you 
     still alive?''
       Sedwick was ``absolutely terrorized on social media,'' Judd 
     said.
       The Sheriff's Office is investigating the cyberbullying, 
     Judd said.
       Judd said parents of all 15 girls have cooperated with 
     detectives and several cellphones and laptops have been 
     confiscated.
       Before her death, Sedwick had searched questions online 
     related to suicide, including ``How many over-the-counter 
     drugs do you take to die?'' and ``How many Advil do you have 
     to take to die?''
       The night before her death, Sedwick gave several warning 
     signs about her planned suicide that were never reported for 
     help.
       Judd said a 12-year-old boy in North Carolina, whom Sedwick 
     met through social media, knew of her plan. Sedwick messaged 
     him only hours before her death saying she was dead and ``I'm 
     jumping, I can't take it anymore.''
       Sedwick also changed her name early Tuesday morning on the 
     free messaging application, Kik Messenger, to ``That Dead 
     Girl.''
       Judd said detectives are trying to investigate the social 
     media applications that Sedwick used, including Kik and 
     Ask.fm, but many of the websites are based in other 
     countries.
       Florida has an antibullying law that covers cyberbullying. 
     As the investigation continues, Judd said charges, including 
     cyberstalking, could be filed.
       He said it appears that the bullying started sometime in 
     2012 and was physical at her former school, Crystal Lake 
     Middle School, and then moved completely online.
       ``We're trying to sort out a bunch of girl talk that goes 
     further than girl talk,'' he said.
       The investigation is still in its early stages, but Judd 
     said there were warning signs that nobody noticed. If 
     detectives can find evidence, the girls could be charged with 
     felony cyberstalking because Sedwick was under 16 years old.

  Mr. NELSON. I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SANDERS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________