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Man Sentenced in Online Threat Case Tied to Larger Debate

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FILE - In this Nov. 25, 2014 file photo, police officers watch protesters as smoke fills the streets in Ferguson, Mo. after a grand jury's decision in the fatal shooting of Michael Brown. Six months after 18-year-old Michael Brown died in the street in Ferguson, Missouri, the Justice Department is close to announcing its findings in the racially charged police shooting that launched "hands up, don't shoot" protests across the nation. (AP Photo/Charlie Riedel, File)

In this Nov. 25, 2014 file photo, police officers watch protesters as smoke fills the streets in Ferguson, Mo. after a grand jury’s decision in the fatal shooting of Michael Brown. (AP Photo/Charlie Riedel, File)

MARTHA BELLISLE, Associated Press

SEATTLE (AP) — A Washington man who posted Facebook comments threatening a former Ferguson, Missouri, police officer will avoid prison but has been ordered to stay off social media sites in a case that is part of a broader legal debate about when social media rants go beyond hyperbole and become a crime.

Before U.S. District Judge Robert Lasnik handed down Jaleel Abdul-Jabbaar’s sentence Thursday, he said it was one of the hardest he has had to decide. He noted that in a separate case — the recent killings of two New York police officers — the gunman posted Facebook threats before shooting the officers.

But Lasnik accepted the defense argument that Abdul-Jabbaar’s comments were simply a strong reaction to the unfolding events in Ferguson, and he had no intention of following through on his threat to shoot Darren Wilson.

Abdul-Jabbaar told the judge he made a mistake, “and it won’t be repeated.”

The judge agreed that the two months Abdul-Jabbaar already spent behind bars was enough and ordered three years of supervised release.

In arguing for government monitoring of Abdul-Jabbaar’s computer, Assistant U.S. Attorney Todd Greenberg said: “It’s OK to be frustrated, it’s OK to be angry about current events, and it’s OK to express that frustration. But our society cannot tolerate the type of violent threats the defendant made.”

Abdul-Jabbaar pleaded guilty Feb. 2 for posting a threat against Wilson on Facebook that included a call to “give back those bullets that Police Officer Darren Wilson fired into the body of Mike Brown.”

Federal prosecutors said Abdul-Jabbaar posted inflammatory messages for months after the Aug. 9 killing of Brown sparked protests nationwide. Assistant Federal Public Defender Kyana Givens said each note was in response to the news of the day out of Ferguson.

The popularity of social media sites like Facebook and its users’ willingness to speak their minds have landed people in jail and left lawyers arguing over what constitutes a “true threat” — one not protected by the First Amendment — and what is simply an exercise of free speech.

“It’s definitely an area of law that is in a state of flux,” Judge Lasnik said.

The U.S. Supreme Court heard arguments in December on another Facebook threat case that legal experts say could answer some of those questions.

When Anthony Elonis’ wife left him, he vented on his Facebook page by posting violent threats against her in the form of rap lyrics. The justices are considering whether an “objective” standard should be used in these cases, meaning an average person would believe the writer intended to harm someone, or whether the threat was “subjective,” meaning he was just venting and didn’t intend to hurt anyone.

“Facebook ‘threats’ may be different because the person is not ‘sending them’ to the intended target; indeed, the target may find out from someone else,” said Loyola Law School Professor Marcy Strauss. “It also may depend on whether the ‘threat’ is written on the ‘victim’s’ wall, or whether it is posted on the speaker’s. Whether that is important may turn on the standard the Supreme Court adopts.”

U.S. Justice Department data shows the federal government has prosecuted many of these cases: 53 cases in 2012; 63 in 2013; and 53 cases in 2014.

Ayn Dietrich, an FBI spokeswoman in Seattle, said her agency often receives tips about social media posts, but this is the only case it has seen that focused on Ferguson.

“In general, when the FBI becomes aware of publicly posted messages online, the FBI has the authority to conduct an investigation when it has reasonable grounds to believe that an individual has engaged in criminal activity or is planning to do so,” she said. “This authority is based on the illegal activity, not on the individual’s political views, position, or any other beliefs.”

Another Seattle man, Mark Brian Verhul, received prison time last year for posting on Facebook a photograph and message that said: “This is the cop I am going to kill.” A Nevada man was indicted in January for posting threats on Facebook to kill an African American police officer.

In the case the judge referred to, a Massachusetts man was arrested for posting “Put Wings On Pigs” on his Facebook page in December. The message was a repeat of the final remarks of the man who shot the two New York officers.

___

Follow Martha Bellisle at https://twitter.com/marthabellisle

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Attorney General Rob Bonta, Oakland Lawmakers, Introduce Legislation to Protect Youth Online

At a press conference in downtown Oakland on Jan. 29, Attorney General Rob Bonta joined Sen. Nancy Skinner (D-Berkeley) and Assemblymember Buffy Wicks (D-Oakland) to announce two pieces of legislation designed to protect children online. The bills are Senate Bill (SB) 976, the Protecting Youth from Social Media Addiction Act and Assembly Bill (AB) 1949, the California Children’s Data Privacy Act.

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From left to right: Sen. Nancy Skinner (D-Berkeley), Attorney General Rob Bonta and Assemblymember Buffy Wicks (D-Oakland) at a press conference introducing legislation to protect young people online.
From left to right: Sen. Nancy Skinner (D-Berkeley), Attorney General Rob Bonta and Assemblymember Buffy Wicks (D-Oakland) at a press conference introducing legislation to protect young people online.

By Magaly Muñoz

At a press conference in downtown Oakland on Jan. 29, Attorney General Rob Bonta joined Sen. Nancy Skinner (D-Berkeley) and Assemblymember Buffy Wicks (D-Oakland) to announce two pieces of legislation designed to protect children online.

The bills are Senate Bill (SB) 976, the Protecting Youth from Social Media Addiction Act  and Assembly Bill (AB) 1949, the California Children’s Data Privacy Act.

Skinner authored SB 976, which addresses online addiction affecting teenage users, while Wicks’s bill, AB 1949, takes on big tech by proposing data privacy and children rights protections.

“Social media companies unfortunately show us time and time again that they are all too willing to ignore the detriment to our children, the pain to our children, the mental health and physical challenges they face, in order to pursue profits,” Bonta said.

SB 976 would allow parents to control the nature and frequency of the content their under-18-year-old children see on social media. Notifications from social media platforms would also be paused from midnight to 6 am and controls would allow parents to set time limits on their children’s usage based on their discretion.

Skinner stated that the longer that kids are on their phones during the day, the higher the risk for depression, anxiety and other related issues.

The bill would also push to get rid of addictive media that is harmful for young women and girls, specifically image filters that mimic cosmetic plastic surgery.

Bonta and 33 other attorney generals had previously filed a lawsuit against Meta, owner of the popular social media applications Instagram and Facebook. The filing claims that the company purposefully uses algorithmized content that harms younger audiences.

“Social media companies have the ability to protect our kids, they could act, but they do not,” Skinner said.

The Child Data Privacy Act would strengthen existing protections for data privacy under the California Consumer Privacy Act (CCPA). The lawmakers argue that the law does not have effective protection for those under 18 years old.

Wicks stated that the bill would forbid businesses from collecting, using, sharing, or selling personal data of anyone underage unless they receive informed consent, or it becomes necessary for the purpose of the business.

Wicks added that the acts would make it so that a search on the internet like “How do I lose weight?” would not result in dieting pill advertisements targeting youth, which, some experts report, could be harmful to their mental and physical health.

“In a digital age where the vulnerabilities of young users are continually exploited, we cannot afford to let our laws lag behind, our children deserve complete assurance that their online experience will be safeguarded from invasive practices,” Wicks said.

Supporters of the two acts say they have gained bipartisan support issue, but the authors and Bonta expect them to be met with pushback from the affected companies.

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Join us for a virtual car’s best-detailed walkaround of the sleek and stylish 2024 Jaguar F-TYPE AWD convertible. Get an up-close look at the exterior design, interior features, and performance capabilities of this luxury sports car. From its powerful engine to its advanced technology, this video will give you a comprehensive overview of what makes the F-TYPE AWD convertible stand out on the road. Unique to AutoNetwork.com.

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