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
Social Media
Social Media
Rumor/Confession Accounts
Chaney v. Fayette Cty. (2013)
Community Awareness Seminar “Once It’s There—It’s There to Stay” Tech. Coord. used S’s FB pictures Picture showed Chelsea in bikini next to “Snoop Lion” (formerly “Snoop Dog”) S filed suit, arguing right to privacy Ct.: “no justifiable expectation of privacy” when posting on FB Tech. Coord. and school won
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
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
Skype
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  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
Vine
Game Platforms
Nothing is truly anonymous
Managing Social Media
Managing 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”
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