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
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
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