DIGITAL CITIZENSHIP Bobby Truhe Harding & Shultz (402) 434-3000 btruhe@hslegalfirm.com H & S School Law @btruhe
What’s on the agenda? Cyberbullying Sexting Tips on DC Safety
Social Media
Game Platforms
Social Media is Here to Stay And your kids are using it: More YouTube content in 60 days than the first 60 years of “Big 3” networks 95% of all teens are “online” 70% of 12-13 year olds have cell phone 85% of all teens have cell phones 81% of teens are on social media 91% of teen users take/send/rec. photos Daily teen texting up 200%
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.
How Common is Cyberbullying? 95% of teen internet users witness cyberbullying on social media 66% of teens see others “joining in” 21% of teens admit to piling on 33% of teens have been a victim (59% are girls) 5% of teens try to help 7% of parents are “concerned”…
Cyberbullying Nebraska’s own example of cyberbullying on iChat
Divagirl: Hey, loser, watch your back. tmt323: What r u talking about? Divagirl: Why don't you kill yourself while u r ahead? tmt323: Why can't you just leave me alone? Divagirl: Ugly girls like u need to be put in their place.
Other Examples Seattle, WA “Friends”: Students who “liked” Facebook page bullying a classmate were all suspended, and a judge upheld all the suspensions Memphis, TN “Oddsmaker”: Honors student suspended for 180 days for commenting on a friend’s status
School-Related Consequences NEB. REV. STAT. 79-2,137 Definition: “ongoing pattern of physical, verbal or electronic abuse” Consequences: • • • • • •
Loss of extracurricular privileges Detentions Loss of recess Suspension Expulsion Alternative School Assignment
Civil Consequences Student and parents getting sued • Homeowners insurance might pay • Money judgments • Home/car foreclosure • Injunctions and restraining orders against kids Esquival lawsuit in Texas Sedwick suicide and lawsuit Medley lawsuit in Texas
Fulmer v. Swidler (Pa. 2003) Middle school student created website:“Teacher Sux” • • •
Compared math teacher to Hitler Had picture of her decapitated Asked for contributions toward hit man Teacher sued Jury awarded $500,000 Similar suit by principal settled
Mihnovich v. Williamson Co. Student adopted from Ethiopia • Received mean and racist texts • Facebook page: “Hate Black **** N.M.! Who Else Does?” • Received nude photograph of a female classmate
Sued School and 31 classmates Seeking $1.1 million
Boston v. Doe (Ga. 2012) “Fatbook” Profile 12 year-old girls
Boston v. Doe (Ga. 2012) “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos School couldn’t punish Sued creators (her classmates) Settled out of court
Criminal Consequences NEB. REV. STAT. 28-311.01: Terroristic Threats: “threatens to commit any crime of violence …” • With the intent to terrorize another • In reckless disregard of the risk of causing such terror Class IV Felony punishable by 5 years in prison and/or $10,000 fine “Rebecca’s Laws” across U.S.
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
FaceTime
Sleepover Drama 4 11-year-old girls at slumber party 1 girl who was not invited FaceTime conversation, text messages, social media use Girl posted picture of a gun: “I’m going to kill the 4th slowly so she can watch the others die” Cyberbullying added to D.A.R.E.
Ask.fm
Polk County, Fla. case Student bullied on ask.fm and Kik Messenger • “Why aren't you dead?” • “You should die.” • “Wait a minute, why are you still alive?” • “Go kill yourself.” “Yes ik I bullied REBECCA nd she killed her self but IDGAF”
Yik Yak
Yik Yak  Anonymous Twitter/Facebook  Users can post messages visible to users within 5-10 miles
Yik Yak Cases Massachusetts and New York: • School evacuated after bomb threats • Student posted about “ammo”
Alabama:
• Student arrested after cops traced bomb threat to his phone in the school
Illinois and Georgia:
• Cyberbullying of classmates and multiple threats of suicide
Rumor/Confession Accounts
Rumor/Confession Accounts Anonymous Twitter/Facebook pages Allow others to submit private messages to the owner of the rumor account Messages are posted “anonymously” for anyone to read Some mention specific people, others are general Built-in layer of protection for users
Sexting
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? Teens who sext photos are 4-7x more likely to “hook up” Teens that sext: 77% have sex Teens that don’t: 42% have sex
How Common is Sexting? June 2014 survey by Drexel University 80 70 60 50 40 30 20 10 0
all teens 12-14 y/o
Kids say the darndest things “Shrek is love, Shrek is life” 8
Oral Sex
143
I Love You
cu46
See You For Sex
GNOC
Get Naked On Cam
S2R
Send To Receive
NIFOC
Naked In Front Of Computer
RU18
Are You 18?
CD9 / Code 9
Parent / Adult around
Kik Messenger
Kik Messenger Incident at local Catholic grade school • Pedophile sent cryptic image, porn appeared after accepting friend req. • Set up a meeting place with student • Parent luckily intercepted the student
“Catfish” from Texas
State v. Gallegos • 16-year-old girl met 17-year-old guy on Kik • Talked, became friends • Asked her for pictures • She said OK • Then said he’d share those photos with her classmates unless she met him
Snapchat
Snapchat
Snapchat
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, registered sex offenders, appealing sentences THIS JUST HAPPENED IN NE
Wisconsin v. Stancl High school student posed as a girl, tricked male classmates into sending nude photos Then blackmailed boys into sex acts • Thirty-one victims • Then took photos of the physical encounters
Pending Michigan Case
30 students maybe charged Boys blackmailing female classmates Boys traded pictures Police are doing forensic testing Soliciting, Creation, Distributing, and Possessing charges possible All under 16, but may be charged as adults
Florida v. Alpert Girlfriend sent pics He forwarded pic to all contacts Convicted of distribution of child pornography On sex offender registry until he’s 43
Serious Consequences: Hope Witsell and Jessica Logan
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
Nebraska Law 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
Survey of County Attorneys 90 80 70 60 50 County Attys NE Co. Attys
40 30 20 10 0 Charged minor
Charged adult
Allowed diversion
Plea agreement
Meanwhile, in Alabama “An odd day arises when a young man, who could legally have consensual sex with his sixteen-year-old girlfriend, will forever be labeled a sex offender for receiving provocative pictures of her that she sent him via text message. Such is the day of modern technology; a day when we not only combat the despicable perversion of child pornography, but also must account for the rampant proliferation of "sexting“ . . . This court, and other district courts across the nation, bear the burden of taking into account these realities of this age of technology, while still imposing a sentence that is ‘sufficient, but not greater than necessary . . . -U.S. v. Nash
So, now what?
Limit electronics? Common Suggestions • Don’t charge the phone or tablet in the bedroom • Place computers in public parts of the house • Technology Timeouts: Limit texting during meals, homework time, etc.
Alternative: track “connected” time and compare to “unconnected” time
If things may be bad already: Talk to other affected parents, but don’t be accusatory #1 Complaint from Administrators across the country: “Parents won’t do their own dirty work.” School admins must call the cops/HHS
So, what can you do? McAfee: “Unfortunately, technological advancements that solve problems sometimes seem to create new ones as a result.” Norton: “Teach your children to be thoughtful… Children should be empowered by technology, not made victims of it.”
Taking back the conversation Apps like SnapChat, Instagram, Kik, and ask.fm lead to hiding communication Kids use these apps because they are a parentless universe DC is more than monitoring—its about shaping values/lessons to life online Talk to them: your kids want to talk! > 50% of kids are “open to talking”
If things may be bad already: mSpy • Snapchat: “this is the nuclear option”
K9 Web Protection (home use is free) App locking and mirroring Block download capabilities Internet/Device/Service provider tools Turn off “incognito windows”
DIGITAL CITIZENSHIP Bobby Truhe Harding & Shultz (402) 434-3000 btruhe@hslegalfirm.com H & S School Law @btruhe