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A Parents’ Guide to Kids 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



Facebook  Facebook dominates social media • 1 billion active users as of 12/31/12 • (500 million users as of July, 2010) • 50% of active users log on daily • More daily active users on mobile devices than desktops • Average user has 130 friends • Largest group of users aged 35-54


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



Twitter


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?  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.


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


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


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, etc  Follow them on 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 Kids and Technology Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase


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