Stand Up and Speak Out

Page 1

KIDS FIRST PARENTS SECOND


BY: JIMMY CARTER ATTORNEY AND PROPONENT OF DAVIDS LAW

San Antonio experienced a tragedy when a young student, David Molak, took his own life after being relentlessly cyberbullied. David’s parents and brothers created David’s Legacy Foundation, a Texas non-profit organization, to combat bullying of all types in the wake of their loss. The Molak family’s work to help others has been absolutely amazing in the face of such heartbreak. As further part of the response to the tragedy, the DBM Project (standing for both “David Bartlett Molak” and “Don’t Bully Me”) was formed as a d/b/a of David’s Legacy Foundation. The DBM Project is a pro bono coalition of top San Antonio law firms who will seek a court order to restrain offenders in cases of serious bullying. David Molak’s story is a clear example of how social media is often abused. Interestingly, much of the movement to correct this misuse is born from social media’s correct use – to spread messages of need and requests for assistance. David’s brother, Cliff Molak, wrote an inspired post on Facebook speaking out against cyber abuse, which went viral. That was


the first time that many who are now actively involved with David’s Legacy Foundation and the DBM Project became aware of the problem of cyberbullying. David’s Legacy Foundation is actively involved to spread the message that targets of cyber-assisted bullying are not alone. The world is coalescing to fight cyberbullying – Derek Jeter, Prince William, Prince Harry, and Melania Trump have all made cyberbullying prevention and education their crusade. Although it is a good resource, the federal government website, www.stopbullying.gov, is lacking in effective suggestions to immediately assist the targets of bullying. The federal government site mentions nothing about potential court action to stop those who bully. Although attorneys are sometimes the object of derision, they are an incredibly useful tool for society to stop unwanted behavior and protect victims. Enter David’s Law and the DBM Project. David’s Law, when passed, will bring cuttingedge change to Texas’ law and hopefully serve as an effective model for other states. The DBM Project was created, primarily, to take action. The idea offered by the DBM Project is pretty simple. Think of a common divorce situation where husband and wife can’t get along. What happens in that context? The abused party may request a restraining order from the court. Similarly, lawyers affiliated with the DBM Project will investigate, work to remedy, and if necessary, seek a court order to provide immediate relief from bullying. These will be issued from a district court in cases of severe, continuous bullying. Like David’s Law, the DBM Project’s vision is for its services to be duplicated by bar associations throughout the United States. Peer-to-peer bullying situations are on the rise. There is no respite for the affected, as cyberbullying continues 24 hours a day, seven days a week. Unplugging from the Internet does not work, as friends, family, and the public at large still see the harassment, often magnifying the emotional distress caused by the bullying. Like it or not, we “exist” online in some respect. Imagine if someone planted billboards containing derogatory remarks about you, in your front yard no less, and you were powerless to remove the libel. How would you feel about coming home? Would you feel awkward and uncomfortable in your home? The analogy is indistinguishable. Online harassment is inescapable for the target, and with the “piling on” by likes and comments, young minds are particularly susceptible to perceiving the problem as insurmountable. To the contrary, there is now help. Childhood should be a time of growth that is free from unnecessary worries and stress. Those who bully adversely impact educational opportunities by making the learning environment less conducive to its intended purpose. And, of course, protecting children is or should be of paramount importance for any good citizen. The days of harassment in the schoolyard that is solved with a tussle of some kind have devolved into online mudslinging, name-calling, harassment and worse. Cyberbullying is a 24/7 problem, and sometimes occurs anonymously. There is no escape for the target –


those who bully hide behind a screen and keyboard. The legal system is tuned to address this type of unique situation on a case-by-case basis after hearing the evidence. The goal of the DBM Project is to use the legal system to do just that. If peers cannot resolve their issues (a skill that must be honed in any society), if parents and the school system cannot help those peers and there is no other reasonable solution, the DBM Project’s attorneys will act. If no other methods will help, following a hearing with a request for injunctive relief, a judge has the power to impose restraints on the parties to keep the peace and return the status quo. If the bully violates the restraining order, he or she can be taken back to court and charged with contempt, which can result in severe fines and even jail time. So far, the equalizing power of the justice system has proven to be an effective tool to bringing relief for targets of bullying. David’s Legacy Foundation is also working with legislators to help craft David’s Law, which is designed to strengthen the existing laws related to bullying in Texas. The Foundation is working with Senator Jose Menendez in the Texas Senate, Representative Ina Minjarez in the House, and many other dedicated volunteers toward the passage of David’s Law, which currently focuses on amendments to the Education Code and Penal Code in the context of serious bullying and cyberbullying. The Education Code will be changed to give more powers to school districts to address bullying (including cyberbullying). The Penal Code, as proposed, may also be strengthened to give district attorneys the laws they need to prosecute serious bullies. Finally, we have also drafted an amendment to the Texas Rules of Civil Procedure, now pending before the Rules Committee of the State Bar of Texas. When and if it passes the Rules Committee, comment by Texas lawyers, and the Texas Supreme Court, attorneys will be able to quickly and efficiently obtain the identity of anonymous cyberbullies through the issuance of pre-suit subpoenas. If you are interested in helping, please call, write, or talk to your state senators and state representatives today and let them know that you support David’s Law. Let them know that you support tough penalties for serious bullying and cyberbullying that results in injury. The problems faced by children and young people today is vastly different than it was 20 years ago. As our technology improves, our ability to connect increases (not to mention the quantity of our life that exists in an online world). However, as the world becomes increasingly digital, we must find ways to retain our humanity, our tolerance, our acceptance, and our kindness. As adults and leaders, we provide our children with the life lessons and tools necessary to become productive citizens. But, we must also enact legislation to serve as a framework for civil online behavior. The time for 21st Century bullying is at an end, both in the schoolyard and online.


How do I Stop Bullying?

Circle These Words…. Act Think Stop

Listen Help Talk

Observe Report Help


WRITING CONTEST FALL OF 2016 "If you are silent, you are responsible" Idea Middle School Monica: A Middle School Student in San Antonio, Texas. In the modern day, many victims are two to nine times more likely to consider suicide than non-victims. However it is not only the bully or bullies contributing to this. Bystanders are a very common sight. Bystanders watch

not

the

only

bullying

happen but may choose to not let anyone know. In the movie “Bully” someone says that being a bystander is part of the

problem. For

example if you notice someone being bullied in a way you have the choice to do something about the situation that would definitely help the victim. Not only would helping the victim be (beneficial) but letting others know that bullying isn’t right is definitely necessary sometimes. Bullying itself is not the only problem that victims face. Sometimes they just want to be herd, but they’ cant. Silence won’t help and although we can’t completely demolish bullying from one day to another


we can try little by little. These victims deserve better than not to be heard. " Thanks you Monica! The most important word that a child whose bullied can hear is the voice of a peer! #standupspeakout! ShareS ha re Kids S peak Out:

National Statistics “Bullying on average takes only 47 seconds. When peers STAND UP AND SPEAK OUT the bullying ends in 10 seconds!�


HOW TO AVOID

SOCIAL MEDIA TRAPS


When a teenager learns to drive, they understand very quickly that freedom to drive has a direct correlation to how much responsibility they can take on. A parent will not want to put their teenage child behind a wheel who is not responsible because of the risks it creates for not only the teenager, but for others as well.

Teenagers all agree when they get their license that they have to abide by

the rules of the road, to watch the speed limit and be considerate about other drivers and pedestrians. Smart

phones,

social

media and smart phone apps provide

teenagers

with

tremendous freedom.

Parents

and teenagers use their smart phones typically for TOTALLY DIFFERENT

REASONS.

Parents are typically ignorant of exactly how a teenager uses their smart phone. Teenagers are typically ignorant of the dangers that are creeping into the digital world. The FBI posted a online warning on sextortion, and advised teenage boys and girls from posting inappropriate pictures on line. The FBI posted this warning because of the individuals who are trolling the social media world where teenagers


live

and

breathe.

Teenagers have to educate themselves BEYOND the representation of SNAP CHAT and other social media apps to understand that millions of images have

been

stolen

and

shared all over the world. If your family educates yourself to some basic rules you should find that you have greatly reduced your risk of harm. planning go a long way.

Like anything else, education and


BASIC AGREEMENTS I agree to turn off the GeoTracker Off on My Phone before I sharing pictures on social media! 1.

2. 3.

4.

5. 6.

I will not release my phone number on-line

in face book or any other social media. If I can’t share a picture with my mom, I won't be sharing that picture on social media. I will talk only to people that I know. I will make sure to confirm their profile/identity off-line by calling them when I’m talking to them on-line. I will DO NO HARM against anyone while I am on social media. I will not enter any anonymous social media sites EVER.


WHAT YOU NEED TO KNOW ABOUT SNAP CHAT “Duh Mom! My Pictures Are Private, My Profile Is Anonymous. No One’s going to EVER find Pictures that I shared on the internet!”

ARE YOU SURE ABOUT THAT?


So are Your Images You Post Private, or Permanently Available to the Public?

Two Million Accounts Accessed Snap Chat Hacked! 2014 (As it developed‌..) A giant database of intercepted Snapchat photos and videos has been released by hackers who have been collecting the files for years. Shocked users of the notorious chat forum 4chan are referring to the hack as "The Snappening," noting that this is far bigger than the iCloud hacks that recently targeted celebrities. Underground photo-trading chat rooms have been filled in recent weeks with hints that something big was coming. Thursday night it finally arrived: A third-party Snapchat client app has been collecting every single photo and video file sent through it for years, giving hackers access to a 13GB library of Snapchats that users thought had been deleted. Users of 4chan have downloaded the files and are creating a searchable database that will allow people to search the stolen images by Snapchat username.


The database of Snapchat files posted online was hosted on viralpop.com, a fake competition website that installed malicious software on the computers of users trying to take part. That site has now been suspended and taken offline, although thousands of people have already downloaded the collection of Snapchats. An anonymous photo trader contacted Business Insider to tell us that the site affected was SnapSaved.com. The service acted as a web client for the Snapchat app that allowed users to receive photos and videos, and save them online. What its users didn't realize was that the site was quietly collecting everything that passed through it, storing incriminating Snapchats on a web server, with the usernames of senders attached.

Hackers appear to have posted account info for 4.6 million users of quickie social-sharing app Snapchat, making usernames and at least partial phone numbers available for download.

So, they fixed the problem

Right?

Wrong!


SNAP CHAT HACK Snap Chat Hack is an app that allows ANYONE to go on line and access/hack the snap chat account of their choice.

"PROTECT YOURSELF!" From the Online Desk of Snap Chat Hack Question: Can I get traced back to, or face any legal charges for using Snapchathack.mobi? Answer: No, the victim’s account is hacked directly by our servers, so your original IP address or anything that could possibly be traced back to you, isn’t used by Snapchathack.mobi. You’re completely anonymous and safe with Snapchathack!


Our Mission: "Helping Kids become Resilient in the face of life's challenges."

BROUGHT TO YOU BY KIDS FIRST PARENTS SECOND A 501(c)3 Nonprofit Organization


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