The Law and Technology: What Students & Parents Need To Know Karen Haase KSB School Law (402) 804-8000 karen@ksbschoollaw.com KSB School Law @KarenHaase
Knowledge is Power
What’s the deal? Cyberbullying Sexting Ignoring Internet Safety
Boston v. Doe (Ga. 2012) “Fatbook” Profile
Privacy Settings PARENTS have user names and passwords Set your profile (and your students’ profiles) as “private” Only let “friends” see pics Require notification before tagging Turn off geo-tags Friend Facebook on Facebook
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
Managing Twitter
Managing Twitter
My Suggestions PARENTS have user names and passwords A better option for younger kids Consider a locked feed Follow your kids (with text notifications)
Skype
Skype On-line phone conversations with optional video conferencing Free Great educational and family platform
Skype
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
Instagram – the negative
Managing Instagram
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.
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
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
Yik Yak
Yik Yak  Anonymous Twitter/Facebook  Users can post messages visible to users within 5-10 miles
Kik Messenger
Kik Messenger App that blends texting with lots of cool social networking features The app itself is slick Secretive -- not overrun with parents. No character limits, free and quick Messages not counted against SMS Tells users when message has been sent, delivered, and read Fun array of related apps
Managing Kik Messenger The app itself specifies that users should be over the age of 17 No parental controls few privacy settings Heavily associated with sexual predators, sextortion, and cyberbullying. No follow-up options for users who experience problems Integration with Instagram: “Kik me @ (Kik username)”
Managing Kik Messenger A privacy “bad guy” One of the few apps I have forbidden my kids to use Free texting is appealing to parents but at what other cost?
Ask.fm
Ask.fm Social media in question and answer format “The ask.fm service allows for anonymous content which ask.fm does not monitor. You agree to use the ask.fm service at your own risk and that ask.fm shall have no liability to you for content that you may find objectionable, obscene or in poor taste.”
Ask.fm One user can block another user and must give a reason. A blocked person can still access the profile to view all other interactions. The site can be used anonymously Users cannot increase privacy settings Integrated with Facebook and Twitter
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”
Vine
Vine Video sharing service similar to Twitter All videos on 6 second loop No privacy settings – ALL profiles are public LOTS of inappropriate content Also used for cyberbullying and sexting
Game Platforms
Nothing is truly anonymous
The Law and Technology: What Students & Parents Need To Know Karen Haase KSB School Law (402) 804-8000 Karen@ksbschoollaw.com KSB School Law @KarenHaase