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The Law and Technology: What Students & Parents Need To Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase


What’s the deal?  Cyberbullying  Sexting  Ignoring Internet Safety  Copyright Issues


Cyberbullying


Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others. The term "cyberbullying" is used when the victim or bully is a child or teen. The term cyber harassment is used when the victim is an adult.


Boston v. Doe (Ga. 2012)  “Fatbook” Profile


School-Related Consequences  Neb. Rev. Stat. 79-2,137  Definition: “ongoing pattern of physical, verbal or electronic abuse”  Consequences: • Loss of extracurricular privileges • Detentions • Short and Long Term Suspension • Expulsion • Alternative School Assignment


Cooks v. Tulsa Sch. Dist., et al  Student changing after volleyball  Teammates held down, took picture of her and posted to Twitter; others retweeted  Family suing • • • •

Twitter School district Student who took pic Students who first tweeted the pic


State v. Clemmens


State v. Clemmens  Arrested within a few hours  Charged with making terroristic threats  Sentenced to • 5 months probation • Banned in 4 counties • 2 years of no social media


Managing Social Media


Managing Facebook


Privacy Settings  PARENTS have user names and passwords  Review “about”


Privacy Settings  PARENTS have user names and passwords  Review “about”


Privacy Settings  Facebook Privacy Settings  

“Who can see my stuff” “Who can contact me”


Privacy Settings  Facebook Privacy Settings   

“Who can see my stuff” “Who can contact me” “See More settings”


Twitter


My Suggestions  PARENTS have user names and passwords  Be sure you are comfortable with privacy settings  Parents: Follow your kids (with text notifications)  Kids: follow the “grandma rule”


Managing Twitter


Managing Twitter


Managing Twitter


Instagram  Social media and photo sharing.  Users can take photos, record videos, add text and drawings, and send them to a controlled list of recipients.  Default setting is fully public; also asks to integrate with Facebook and contacts


Managing Instagram  Help.instagram.com


Managing Instagram  Set posts to private  Photomaps


Snapchat


Snapchat  Photo messaging application.  Users can take photos, record videos, add text and drawings, and send them to a controlled list of recipients.  Users set a time limit for how long recipients can view their photos, up to 10 seconds, after which it will be deleted from the recipients device and the company's servers.


Managing Snapchat  Very few tools  Close supervision  Not as private as users think


Snapchat


Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.


Sexting?


Serious Consequences: Jessica Logan


Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child abuse  Students Prosecuted as well


In re Juvenile John Does (Fairfax Co. Va 2013)

   

Girls Snapchatted video to boy He forwarded screenshots to friends Three boys arrested at school Each charged with 12 counts of distribution of child pornography  Found guilty, appealing sentences


Nebraska Law  Neb. Rev. Stat. 28-813 et. seq.  Makes sexting (images) a class IV felony for offenders under 19  Class IIIA felony for 19 and up  Both punishable by: • Up to 5 years in prison and/or • $10,000 fine • Require sex offender registration


Criminal Implications  Affirmative Defense: •

the picture is only of the defendant;

• or • • • • • • •

defendant was younger than 19 picture is of someone at least 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND defendant didn’t coerce taking or sending


Internet Safety


Skype


Kik Messenger


Ask.fm


Vine


Yik Yak


Yik Yak  Anonymous Twitter/Facebook  Users can post messages visible to users within 5-10 miles


Yik Yak Cases  Massachusetts: • School evacuated twice after bomb threats

 Alabama:

• Student arrested after cops traced bomb threat to his phone

 Illinois and Georgia:

• Cyberbullying and threats of suicide


Rumor/Confession Accounts


Rumor/Confession Accounts  Anonymous Twitter feeds  Allow other Twitter handles to submit private messages to the owner of the rumor account  Messages are tweeted “anonymously” for anyone to read  Some mention specific people, others are general  Built-in layer of protection for users


Game Platforms


Nothing is truly anonymous


The Law and Technology: What Students & Parents Need To Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase


Horizons Confirmation