2011-04-09 There's No Such Thing as Safe "Sext"
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Transcript of 2011-04-09 There's No Such Thing as Safe "Sext"
There’s No Such Thing as
Safe “Sext”
Frederick S. Lane
National School Boards AssociationAnnual Conference
4 April 2011www.FrederickLane.c
om
How to Protect Your Kids and Your District from Cell Phone Misuse
Seminar Overview• What Is Sexting?• The Technology of Sexting• The Scope of the Problem• Why Do Kids Sext?• The Legal Issues• The Consequences• Are Your Policies In Order?• Prevention Through
Education• Age-Appropriate Curricula
www.FrederickLane.com
Introduction• Attorney,
Educational Consultant & Lecturer
www.FrederickLane.com
Introduction• Attorney,
Educational Consultant & Lecturer
• Author of 6 Books
www.FrederickLane.com
Introduction• Attorney,
Educational Consultant & Lecturer
• Author of 6 Books• Computer Forensics
Expert
www.FrederickLane.com
Introduction• Attorney,
Educational Consultant & Lecturer
• Author of 6 Books• Computer Forensics
Expert• 10 Years --
Burlington (VT) School Board
www.FrederickLane.com
Introduction• Attorney, Educational
Consultant & Lecturer• Author of 6 Books• Computer Forensics
Expert• 10 Years -- Burlington
(VT) School Board• Technology & Privacy
Specialist
www.FrederickLane.com
Introduction• Attorney,
Educational Consultant & Lecturer
• Author of 6 Books• Computer Forensics
Expert• 10 Years --
Burlington (VT) School Board
• Technology & Privacy Specialist
• Student Safety Advocate
www.FrederickLane.com
www.FrederickLane.com
What Is “Sexting”?
• Spring 2008: Old Behavior, New Word
• No Precise Legal Definition of “Sext”
• Typically Covered by Federal and State Child Pornography Statutes
• General Definition:
Sending Texts, Photos, or Videos of a Sexual Nature from One Cellphone to Another
www.FrederickLane.com
The Technology of Sexting
• SMS – Short Message Service– First used in 1992, became popular in 2005/2006
– Messages generally limited to 160 characters
• MMS – Multimedia Messaging Service– Introduced in 1998
– Enables sending of photos and videos
• Camera Phones– 1997: First publicly-shared photo via phone
– 2001: Phones introduced with video capability
• Internet Access– 1999: Japan’s NTT DoCoMo introduces mobile
Internet
www.FrederickLane.com
The Scope of the Problem - I
• Teen Usage of Cellphones Is Rising:– Ages 15-18: ~ 84%
– Ages 10-14: ~ 60%
– Ages 6-9: ~ 22%
• The Average Age of First Cellphone Use: < 10
• Teens LOVE to Send Texts:– Boys (13-17): 2,539 texts per month
– Girls (13-17): 4,050 texts per month
• Roughly 90% of cellphones have cameras
www.FrederickLane.com
The Scope of the Problem - II
• National Campaign to Prevent Teen and Unplanned Pregnancy (2008):– 20% of teens 13-19 said that they had sent/posted
nude photos or videos
– 39% of teens said that they had sent/posted sexually explicit messages
• Pew Research Center’s Internet & American Life Project (2009)– Just 4% of teens 12-17 reported sending nude photos
or videos
– 15 % reported receiving such messages
• Anecdotal Evidence Suggest These Figures Are Low
www.FrederickLane.com
Why Do Kids Sext?
• National Campaign to Prevent Teen and Unplanned Pregnancy (2008):
– 2/3 of those who sexted sent the content to a boyfriend or girlfriend; 15% of recipients said they forwarded the message to someone else
– 15% of those who sexted sent the content to someone they knew only online
• Pew Research Center’s Internet & American Life Project (2009)
– 82% sent a sext to get attention
– 67% sent a sext “to be cool”
– 60% sent a sext to be like the “popular girls”
– 55% sent a sext to solicit or further a relationship
Some Other Reasons• It’s Fast and
Easy
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Some Other Reasons• It’s Fast and
Easy• The Internet
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Some Other Reasons• It’s Fast and
Easy• The Internet• Porn Chic
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Some Other Reasons• It’s Fast and
Easy• The Internet• Porn Chic• Celebrity
Sexting
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Some Other Reasons• It’s Fast and
Easy• The Internet• Porn Chic• Celebrity
Sexting• Hormones
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The Legal Issues• A sexually explicit image of an
individual under 18* is child pornography
• Children can be prosecuted for receipt, possession, and/or production
• There is risk for teachers and school administrators in handling these images
• Conviction generally results in jail time and registration as a sex offender
• States are considering “Romeo and Juliet exceptions.
www.FrederickLane.com
Emotional and Social Impact
• Short-Term:–Embarrassment–Bullying, Harassment,
Ostracization–Sexual Blackmail (Sextortion)
• Long-Term:–Depression and Mental Illness–Self-Injury and/or Suicide
www.FrederickLane.com
Jesse Logan• 18 year old high school
senior in Ohio• Sent nude photos of herself
to her boyfriend• When they broke up, he
forwarded them to various students – 7 schools involved
• Logan was harassed, taunted, and even physically assaulted because of the photographs
• In July 2008, Logan committed suicide
www.FrederickLane.com
www.FrederickLane.com
Consequences for Students
• School Sanctions:– Violation of various school policies– Removal from extracurriculars or school– Negative impact on college admissions or jobs
• Civil Liability:– Invasion of privacy (depending on state)– Intentional Infliction of Emotional Distress
• Criminal Prosecution:– Federal child pornography statutes (< 18)– State child pornography statutes (varies)
Consequences for Districts
• Disruption of Educational Activities• Civil Lawsuits:– State anti-bullying statutes (varies)– Failure to provide /maintain a safe
environment
• Criminal Liability for Employees:– Relationship-Based Crimes– Possible investigation / seizure of computers
and network– Possession / Distribution of Child Pornography
www.FrederickLane.com
Are Your Policies In Order?
• Acceptable Use Policies:– Does It Describe and Limit Student Use of
District Resources?– Does It Stress the Importance of and
Respect for Personal Privacy?– Does It Specifically Describe and Prohibit
Illegal Conduct?
• Anti-Harassment and Anti-Bullying:– Does It Encompass Electronic
Communications?– Does It Encompass Off-Campus Behavior
That Affects the Classroom?www.FrederickLane.c
om
Education: It’s What We Do
• Schedule Annual Information Sessions for Teachers, Parents, and Students
• Require Students and Parents to Read and Sign AUP and Anti-Bullying Policies
• Incorporate Sexting and Cyberbullying Into Professional Development for Teachers and Administrators
• Liaise With Student Resource Officers, Law Enforcement, and Legislators
www.FrederickLane.com
Age-Appropriate Curricula
• Elementary School:– The Limits of Sharing– Personal Boundaries
• Middle School:– Much More on Personal Boundaries– Anti-Cyberbullying and Anti-Harassment– Introduction to Criminal Consequences and
Cyberethics
• High School:– Much More on Criminal Consequences and
Cyberethics– Long-Term Consequences of Digital Stupidity
www.FrederickLane.com
Additional Resources
• Cybertraps for the Young• www.CybertrapsfortheYoung.com
(beginning 1 August 2011)• Download This Presentation:– www.FrederickLane.com
(http://goo.gl/tWIuX)– www.SlideShare.com/FSL3
• Contact Me:– [email protected] / 802-318-4604
www.FrederickLane.com
There’s No Such Thing as
Safe “Sext”
Frederick S. Lane
National School Boards AssociationAnnual Conference
4 April 2011www.FrederickLane.c
om
How to Protect Your Kids and Your District from Cell Phone Misuse