Horizons Confirmation

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