A Scenario

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A Scenario SOCIAL MEDIA IN CIVIL & FAMILY LITIGATION

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A Scenario. Social media in civil & family litigation. - PowerPoint PPT Presentation

Transcript of A Scenario

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A ScenarioSOCIAL MEDIA IN CIVIL & FAMILY LITIGATION

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Privacy: images and business records

Property: websites and social media accounts

Equality: vulnerability of certain groups on social media

Evidentiary: surreptitiously obtained information and privilege

Fact-finding: best interests of the child in a custody determination

Admissibility: screen shots of Facebook profiles/walls

Civil action: intrusion on seclusion

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what was she thinking?

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‘Sexting’ is a trigger issue in this problem. How would you explain Kelly’s conduct? Pick the two most likely answers

A. She wasn’t thinking at all! A mistake

B. She felt pressuredC. She trusted DaleD. She was freely expressing her

sexuality through technologyE. Don’t know

A. B. C. D. E.

20% 20%20%20%20%

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what was she thinking?lessons from The eGirls ProjectPROFESSOR JANE [email protected] 2014

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adults

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“information super highway”

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children online

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competitors

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policy priority

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Canadians

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45 hours/month

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MediaSmarts

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99%

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1/3

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24% of grade 4’s52% of grade 7’s 85% of grade 11’s

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39%

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13-24

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3339 texts/month

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6 texts/waking hour

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4050 texts/month

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2539 texts/month

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quadruple

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seamless integration

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sex & sexuality

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offline

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online

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“everyone knows that you get intimate with your boyfriend anyway like when you get to a certain age like if she thinks that like she can trust that guy and she’s going to send him that picture”

URBAN MINOR FOCUS GROUPPARTICIPANT 5

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2.5% -- 20%

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equally likely

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positive

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“a strong couple, then that’s fine”

URBAN ADULT FOCUS GROUPPARTICIPANT 3

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“I do send pictures to my boyfriend. But I always make sure my face is not in there. ... Because even though I don’t think he’d spread them around, if he lost his phone and it wasn’t password protected there, that would not be good.”

URBAN ADULT FOCUS GROUPPARTICIPANT 4

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pressure

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expectations

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“a girl is probably just doing it to get the guy’s attention. … Cause most 19 year old guys only have one thing on their mind … and … some girls will do anything to keep their boyfriend”

RURAL MINOR INTERVIEWPARTICIPANT 3

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media

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weight lossbodily standards of perfection

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“the women are just objects, they’re just complementary, he’s the center focal point and the women are just ornaments around him”

URBAN ADULT INTERVIEWPARTICIPANT 1

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“that being a woman is about how well you can please guys. Like … how to please your man, 101 ways to I don’t even wanna mention it”

URBAN ADULT INTERVIEWPARTICIPANT 1

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“likes”

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“I used to think, oh cool, I got 10 likes and then you look at the girls who look revealing and they have 50 [from guys] and you’re like, oh, I wonder why”

RURAL MINOR INTERVIEWPARTICIPANT 3

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“Wow, you’re hot”

RURAL ADULT INTERVIEWPARTICIPANT 1

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“Oh my god, you look gorgeous! You look so skinny!”

RURAL ADULT INTERVIEWPARTICIPANT 1

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razor thin line

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attacks

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“like, some people refuse to post, like, topless pictures, and they’ll get hate for that. Or if you do post topless pictures, you’ll get hate for that. Or if- pretty much anything you do is something wrong in someone’s eyes.”

RURAL MINOR FOCUS GROUPPARTICIPANT 4

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“you know you’re a real man when you tell me that if I don’t send you a picture of myself like naked that you’re going to post a picture of someone’s breasts and put them on Facebook and tag me and say that they’re mine”

RURAL ADULT INTERVIEWPARTICIPANT 3

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“cause what would he do with that actual picture of you if you sent it and if you don’t he’s going to try and target you anyways to the public eye and make you look trashy”

RURAL ADULT INTERVIEWPARTICIPANT 3

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“why should her whole entire life and her whole entire reputation be ruined, and why should she be the one that gets punished when the guy is the one who sent it around to all of his friends … Nothing [happens to him], they’re the ones that are like ‘oh you’re the man’, and like the girl’s the one who gets like devalued from it.”

URBAN MINOR FOCUS GROUPPARTICIPANT 5

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“let’s take for example Amanda Todd … let’s look at the core issue here misogyny, sexism, exploitation and abuse of young girls, no no no! People are too busy victim blaming Amanda Todd …’well, she shouldn’t have sent those pictures, what was she thinking, like, this girl’s a slut!’ and it reinforces that, and so, those ideologies contribute to rape victims being –’well, what were you doing walking alone at 12 o’clock anyways?’”

URBAN ADULT INTERVIEWPARTICIPANT 1

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what was she thinking?

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a perfect storm

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life on a powder keg

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seamlessly integrated

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“big fuse”URBAN MINOR INTERVIEW

PARTICIPANT 3

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permanent record

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reputational ruin

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“it’s not fair how easily like your whole entire image can get changed on one image like one picture”

URBAN MINOR FOCUS GROUPPARTICIPANT 6

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“give girls a break”

RURAL MINOR INTERVIEWPARTICIPANT 3

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“If you’re going to change the way that we’re going to be socializing and like living day to day … we have to cope with that in some way … it’s all changing it’s all new so we have to learn as we go”

RURAL ADULT INTERVIEWPARTICIPANT 3