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Constitutional Amendment – Political Culture

Introduction

The global digitalization of every minor aspect of people’s lives has necessitated the transfer of the existing regulations into the online context, making legal standards applicable to the digital context. However, due to the lack of research on the subject matter and the rapidly developing technologies, the vulnerability of potential victims of online crimes remains high. The issue of cyberstalking has been gaining especially large scale over the past decade, affecting multiple people and threatening their lives. Therefore, the introduction of amendments that allow securing the rights of those in need for protection is overdue. Presently, using the U.S. Constitution to address the problem of cyberstalking suggests safeguarding mostly people of 18 and under, which places a significant number of vulnerable populations, primarily women, under a massive threat (Smith 1563). Apart from the lack of opportunities for increasing the security of a victim, the current regulations do not seem to have consistency in their application across the U.S., which is why a homogenous framework defined by a constitutional amendment is needed.

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Goals

The main goal of the suggested amendment is to increase the safety of vulnerable groups using online services. Namely, safeguarding women, with a particular emphasis on women of color, disabled women, and other groups that may be subjected to particular danger when experiencing cyberstalking, is the priority of this amendment. It is crucial to center the needs of women of all ages when addressing the threats that female users receive from cyberstalkers. In turn, the creation of the amendment that will provide women with greater legal support and security by establishing harsher punishments for cyberstalking will allow meeting the specified goal.

Amendment

No individual shall be subjected to persecution based on their sex in the digital environment by means of technologies disclosing personal data.

Three Political Cultures

The amendment provided above represents a compromise that satisfies the needs of three key political forces driving the development of the legal system in the U.S. presently. Namely, by focusing on women’s vulnerability and the need to protect the target population’s rights, one will align the proposed changes to the principles of the moralistic system within the American social environment. Specifically, the importance of providing every single member of the U.S. population, especially those belonging to marginalized communities, is presently regarded as a crucial moral issue (Fisher 746). In turn, the creation of the amendment that will reinforce the safety of the marginalized population in question will satisfy the needs of the moralistic system and justify the existence of the specified amendment in its framework.

The perspective of the traditionalistic framework, in which the government is regarded as the body supported by a rigid hierarchal system, also aligns with the proposed amendment since it helps to protect the status quo of the elite. Namely, with the current emphasis on addressing the need of minorities, the social justice system remains at the helm of the social framework of the American community (Fisher 747). In turn, the proposed amendment, which meets the priorities of the hierarchy in question, makes the introduction of the amendment in question beneficial to its members.

Finally, the proposed change to the U.S. Constitution should be examined through the lens of the individualistic perspective. Applying the identified system to the analysis of the amendment, will show that the latter supports the needs of individuals along with those of the community since it emphasizes the necessity to address the individual concerns of vulnerable women (Fisher 747). Overall, the amendment that will allow reducing the implications of cyberattacks on women can coexist with each of the three political structures mentioned above.

Compromise

The proposed amendment allows reconciling the key issues faced by women in the digital settings, namely, the threats of violence associated with cyberstalking. It is believed that the specified amendment will help to cover the concerns expressed by women , especially women of color, disabled women, and other vulnerable populations, in the online setting. Due to the opportunities for locating personal data without the permission of its owner, with modern technologies provide, people that face especially high threats of violence need to be protected.

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However, the current political culture within the U.S. political environment may disagree on the nature of the specified threats and vulnerabilities, which is why a clear guideline for addressing the specified concerns is needed. In turn, the described amendment will allow reconciling the said political forces by pointing at a specific vulnerable group that requires legal protection. Since the described change does not infringe upon the rights or needs of the members of any structure in question, the amendment aimed at safeguarding the needs of women should be promoted as a crucial change to the current American legal setting (Chahal 369). The inclusion of the specified amendment to the American Constitution will ensure that not only the needs of women under 18, but also all women are protected, including those of women of color, disabled women, and other affected categories. Given the rise in cyberbullying and online crime, enhancing the safety of those affected by it particularly strongly is critical.

Works Cited

Chahal, Rohini, et al. “Cyber Stalking: Technological form of Sexual Harassment.” International Journal on Emerging Technologies, vol. 10, 2019, pp. 367-373.

Fisher, Patrick I. “Definitely not Moralistic: State Political Culture and Support for Donald Trump in the Race for the 2016 Republican Presidential Nomination.” PS: Political Science & Politics, vol. 49, no. 4, 2016, pp. 743-747.

Smith, Sarah E. “Threading the First Amendment Needle: Anonymous Speech, Online Harassment, and Washington’s Cyberstalking Statute.” Washington Literature Review, vol. 93, 2018, p. 1563.

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