Bertrand laptop rollout

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

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

Managing Social Media

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”

Sexting?

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

How Common is Sexting?  Sexually suggestive photos sent:  20% overall  22% girls  11% young teen girls (ages 1316)  18 % boys

How Common is Sexting?  Sexually suggestive messages sent: • 39% of all teens • 37% girls • 40% boys  48% of teens say they have received sexting photos or messages.

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

Kik Messenger

Ask.fm

Vine

Game Platforms

5 Things Parents Can Do

1. Talk to your kids  Make sure they understand that nothing in cyberspace is private  Talk through possible consequences – both short and long term  Check up on them • Some cell carriers allow web retrieval of all texts • My Mobile Watchdog/Mobile Spy

2. Know who your kids text with  Via text messaging  Via social networking  In real life

2. Know who your kids text with  If necessary, block problem callers/texters  Options • AT&T Parental Controls

• • • •

Handset-specific Options YouMail Forward your child’s phone Change your child’s number

3. Limit electronics  Don’t let them charge the phone in their bedrooms  Place computers in public parts of the house  Limit texting during meals, homework time, etc.

4. Monitor your child’s postings  Require them to “friend” you on Facebook, etc  Follow them on Twitter, Tumblr, etc.  Google your kids’ names

5. Set & Reiterate expectations 

Discuss limits and reasons for them

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You should live by them as well (at least in front of your kids)



Remind kids frequently of the limits

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