Local attorney working to create legal rule to secure cyber-bullying evidence
A local attorney is working to break legal barriers when it comes to handling potential cyber-bullying cases.
Jimmy Carter, Langley & Banack Incorporated, has proposed a rule that would allow an attorney to immediately secure information that should lead to the identity of an anonymous cyberbully.
"Some of the biggest changes have been in terms of electronic discovery," Carter said.
Current Texas laws make it tough to bring a case against anonymous cyberbullies. It can be legally challenging to obtain discovery or evidence when a person creates a fake social media page or an account impersonating someone else.
"It would streamline the process of securing critical information about where a post came from," Carter said.
He's calling the proposed change "David's Rule" after 16-year-old Alamo Heights teen David Molak who took his own life after severe bullying.
"It sometimes takes the justice system awhile to catch up so with the increase in usage of electronic media or digital media, law is trying to catch up and keep pace with those advances and order that justice doesn't fail," Carter said.
He is also working to gain the cooperation of social media companies.
The proposal has drafted and submitted to the State Bar of Texas rules committee. The next step is bringing it to Texas Supreme.