A Parents’ Guide to Teens and Technology Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
Knowledge is Power
What’s the deal? Cyberbullying Sexting Ignoring Internet Safety
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.
Cyberbullying Example of cyberbullying on iChat (Apple’s instant messaging)
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.
How Common is Cyberbullying?  one in four students between the ages of 11 and 19 have been the victim of cyberbullying.  Approximately 65 percent of kids know of someone who has been cyberbullied.
Not my Kids! 43% of teens are exposed to cyberbullying in one form or another yet only 1 in 10 kids told their parents, according to a 2008 report from the U.S. National Crime Prevention Council
So what’s the big deal?
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
Examples Seattle, WA.: Students who “liked” Facebook page bullying a classmate all suspended Memphis TN: Honors student suspended for 180 days for commenting on a friend’s status
Civil Consequences Student and parents can be sued • Homeowners insurance often pays Suit can be for: • Intentional infliction of emotional distress • Tortuous interference • Slander
Fulmer v. Swidler (Pa. 2003) Middle school student created Teacher Sux” website • • •
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
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: • Up to 5 years in prison and/or • $10,000 fine
In re Minor Child (Ala.) High school students arrested at school for threatening classmate on MySpace Threatened to beat him up Said they would plant a bomb in his locker Said he deserved to die
Charged with making terroristic threats
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? ? Sexually suggestive photos sent: – 20% overall –22% girls –11% young teen girls (ages 1316) –18 % boys
How Common is Sexting? Sexually suggestive messages sent: • 39% of all teens • 37% girls • 40% boys 48% of teens say they have received sexting photos or messages.
Interpreting sexting 22% of teens say technology makes them more forward and aggressive 38% say exchanging sexy content makes hooking up with others likely 29% believe those exchanging sexy content are “expected” to hook up
Serious Consequences: Hope Witsell
Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child abuse  Students Prosecuted as well
A.H. v. Florida Boy and girl in romantic relationship Took pics of themselves engaged in sexual acts Boy e-mailed to girl Both charged with producing and distributing child pornography
Iowa v. Canal
Boy and girl friends; not romantic She asked him to send pic of penis He complied Both agreed not erotic Parents called the cops; boy charged Jury trial; boy convicted Appeal rejected by Iowa Supreme
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
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;
• • • • • • •
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
• or
In re Katrina R. 15 year old texted nude pics to her BF Was adjudicated “a child who deports herself so as to injure or endanger seriously the morals or health of herself or others” ● Placed in legal custody of HHS ● 6 months’ probation ● Required counseling and community
Internet Safety
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
5 Things Parents Can Do
1. Talk to your kids Make sure they understand that nothing in cyberspace is private Talk through possible consequences – both short and long term Check up on them
• Some cell carriers allow web retrieval of all texts • My Mobile Watchdog/Mobile Spy
2. Know who your kids text with Via text messaging Via social networking In real life
2. Know who your kids text with If necessary, block problem callers/texters Options
• AT&T Parental Controls
• • • •
Handset-specific Options YouMail Forward your child’s phone Change your child’s number
3. Limit electronics Don’t let them charge the phone in their bedrooms Place computers in public parts of the house Limit texting during meals, homework time, etc.
4. Monitor your child’s postings Require them to “friend” you on Facebook Monitor their Twitter, Tumblr, etc. Google your kids’ names
Nothing is truly anonymous
5. Set & Reiterate expectations
Discuss limits and reasons for them
You should live by them as well (at least in front of your kids)
Remind kids frequently of the limits
A Parents’ Guide to Teens and Technology Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase