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The original thread seems to exhibit gray area stalking. Look at post #84. https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.43056/page-5 https://kiwifa

The original thread seems to exhibit gray area stalking. Look at post #84. https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.43056/page-5 https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.430... Looking through that thread, I wouldn’t be surprised if a cyberbullying case could be made in many states. There are early comments predicting and mocking the victim’s suicide far in advance of it. With all the evidence we’ve got, it seems like this cyberbullying has some culpability in a death. I am not saying these two situations are exactly the same, but here is a situation where someone used an electronic device to encourage a suicide and was prosecuted for manslaughter https://www.google.com/amp/s/www.californiacriminaldefenselawyerblog.com/amp/can-bullying-lead-to-an-involuntary-manslaughter-charge/ https://www.google.com/amp/s/www.californiacriminaldefensela... The posts along the lines of “I hope he does it so our kill count will increase by 1” don’t seem totally dissimilar.

Dracophoenix 5y ago
IANAL, but the Michelle Carter case never made it to federal court as the Supreme Court declined to take the case. As a result, the case did not set a de jure precedent for how similar cases should be conducted outside Massachusetts. In addition, Kiwifarms is protected by §230 and the suicide took place in Japan. Under federal law, neither Null nor KF bear any responsibility for the decisions of the site's respondents and it is unlikely that any IP logs are kept. There's also the fact that any such a case would be thrown out for lacking territorial and subject matter jurisdiction. In other words, there's no case. On the matter of byuu's/Near's suicide, the (or at least one) motivation wasn't from bullying per se, but from Null's refusal to take down the 3 year old discussion thread regarding byuu. Source:https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.43056/page-14#post-9313342 https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.430...
- GPerson 5y ago
  This Twitter thread strongly suggests the motivation was largely due to bullying from the Kiwi Farms forum, in addition to the owner’s refusal to do anything about the thread. https://mobile.twitter.com/near_koukai/status/1408940057235312640 https://mobile.twitter.com/near_koukai/status/14089400572353... I was arguing that the event could be considered more than nothing, possibly something like manslaughter due to possibly analogous events being considered as such. Not that the actors would be prosecuted under any particular law.
  - Dracophoenix 5y ago
    >>I was arguing that the event could be considered more than nothing, possibly something like manslaughter due to possibly analogous events being considered as such. If you're arguing that casework from manslaughter-at-a-distance exists in the United States and that such case work would be applicable to KiwiFarms, I'd disagree with both points. The first point has already been explained. As to the second point, such a case would involve interstate commerce. That's under the purview of the Supreme Court which has already classified what is considered unprotected speech. "Cyberbullying", however it's defined, is not among those designations. Defamation seems to be closest category, but that's not a criminal designation. Another point to address is that calling for someone's death or suicide is not in itself illegal. Otherwise, plenty of people would be imprisoned over their opinions about Donald Trump. There must be a mens rea and a credible threat or act for the purpose of objectively harming the individual in question. Composing a slanted and abhorrent commentary about said person does not qualify as or is not comparable to setting up the noose or pulling it.
    - GPerson 5y ago
      I clearly state this is not what I’m arguing.

Dracophoenix 5y ago

IANAL, but the Michelle Carter case never made it to federal court as the Supreme Court declined to take the case. As a result, the case did not set a de jure precedent for how similar cases should be conducted outside Massachusetts. In addition, Kiwifarms is protected by §230 and the suicide took place in Japan. Under federal law, neither Null nor KF bear any responsibility for the decisions of the site's respondents and it is unlikely that any IP logs are kept. There's also the fact that any such a case would be thrown out for lacking territorial and subject matter jurisdiction. In other words, there's no case. On the matter of byuu's/Near's suicide, the (or at least one) motivation wasn't from bullying per se, but from Null's refusal to take down the 3 year old discussion thread regarding byuu. Source:https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.43056/page-14#post-9313342 https://kiwifarms.net/threads/byuu-byuu_nyan-setsunakun0.430...

GPerson 5y ago
This Twitter thread strongly suggests the motivation was largely due to bullying from the Kiwi Farms forum, in addition to the owner’s refusal to do anything about the thread. https://mobile.twitter.com/near_koukai/status/1408940057235312640 https://mobile.twitter.com/near_koukai/status/14089400572353... I was arguing that the event could be considered more than nothing, possibly something like manslaughter due to possibly analogous events being considered as such. Not that the actors would be prosecuted under any particular law.
- Dracophoenix 5y ago
  >>I was arguing that the event could be considered more than nothing, possibly something like manslaughter due to possibly analogous events being considered as such. If you're arguing that casework from manslaughter-at-a-distance exists in the United States and that such case work would be applicable to KiwiFarms, I'd disagree with both points. The first point has already been explained. As to the second point, such a case would involve interstate commerce. That's under the purview of the Supreme Court which has already classified what is considered unprotected speech. "Cyberbullying", however it's defined, is not among those designations. Defamation seems to be closest category, but that's not a criminal designation. Another point to address is that calling for someone's death or suicide is not in itself illegal. Otherwise, plenty of people would be imprisoned over their opinions about Donald Trump. There must be a mens rea and a credible threat or act for the purpose of objectively harming the individual in question. Composing a slanted and abhorrent commentary about said person does not qualify as or is not comparable to setting up the noose or pulling it.
  - GPerson 5y ago
    I clearly state this is not what I’m arguing.