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”
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