USA TODAY US Edition

Conviction in Rutgers case a warning,

Case could affect free speech rights

- By Yamiche Alcindor USA TODAY

The conviction of ex-rutgers student Dharun Ravi sends a message to social media users that actions and words played out across the Web could lead to a prison sentence, legal and digital experts say.

Ravi, convicted Friday of invasion of privacy and other charges for electronic­ally spying on his freshman roommate during a gay encounter, could face up to 10 years in prison and deportatio­n in a case likely to have lasting impact on how people use the Internet.

Some caution that free speech rights on the Web could also be affected.

“It demonstrat­es that there are consequenc­es for somebody’s use of technology,” said Eric Nemecek, cochair of the American Bar Associatio­n’s Criminal Justice Cybercrime Committee. “This should be a cautionary tale for a lot of people.”

Nemecek said that in Ravi’s case, the jury looked not only at Ravi’s use of the webcam to spy on his roommate, but also at the Twitter messages he sent to determine his intent — a key factor in deciding whether he committed a bias crime.

The roommate, Tyler Clementi, committed suicide in September 2010, days after he discovered Ravi had secretly set up his laptop webcam to record him.

John Verdi, general counsel at the Electronic Public Informatio­n Center, said the case means people “aren’t going to be exempt from liability just because they are hiding behind a Twitter handle.”

“Tweets are by default public; they aren’t like Face- book posts where they are restricted to friends or a group,” he said. “Everyone who signs up for Twitter has an understand­ing that they are broadcasti­ng.”

The case could impact constituti­onal rights in general, says Lawrence Walters, a Florida-based attorney.

“While the law was used appropriat­ely in this particular case, we must be careful — as a society — to not give the government broad power to censor filming of individual­s or events,” he said. “Any such laws have the potential to be misused by the government, to squelch discourse on matters of public concern.”

Hayley Gorenberg, deputy legal director of Lambda Legal, a national civil rights group, said the case was not about freedom of speech. “This is a case about bias intimidati­on and invasion of privacy,” she said.

New Jersey lawmakers hastened passage of an antibullyi­ng law because of the case, and Rutgers changed housing policies to allow opposite-sex roommates in an effort to make a more comfortabl­e environmen­t for lesbian, gay, bisexual and transgende­r (LGBT) students, the Associated Press reported.

“It is clear how important it is to have these laws and policies on the books for a situation like this one,” said Jody Huckaby, executive director of Parents, Families and Friends of Lesbians and Gays National.

He said schools must cultivate an environmen­t of “respect, regardless of sexual orientatio­n or gender identity.”

 ?? By Kathy Johnson, Courier News ?? Ravi: Found guilty of 24 of 35 separate charges.
By Kathy Johnson, Courier News Ravi: Found guilty of 24 of 35 separate charges.

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