NLADA Conference November 7-11, 2007 Technology Trends that Impact How You Practice Poverty Law...

NLADA ConferenceNovember 7-11, 2007

Technology Trends that Impact How You Practice Poverty Law

Presented by:Judy Wilson, Northwestern Legal Services

Liz Keith, Probono.netKaren Wu, Legal Aid of Western Ohio

Gabrielle Hammond, LS NtapFacilitated by:

Joyce Raby, Legal Services Corporation

Judy Wilson - Staff AttorneyNorthwestern Legal [email protected]

My Space - Another factor when representing clients!

Summary of Case

Both parents had MySpace SitesGirlfriend has Xanga SiteFather brags about drunken behavior and

carefree lifestyleA lot of blog bashingWe present printouts of blog text

Father’s Site

..tipping the bottle

We drank a lot….Friday and Saturday are just a big alcoholic haze

..you’re a drunk!

Do they live together or not?

So what is it

Kids or No kids ??

The 207A Crew

Questioned Regarding the “Beer Bong”

Girlfriend’s Site

Girlfriend bashes mother!

..fake religious people

..people who don’t shower

…people who won’t let Gregory be happy and loved

Outcome

Our client is granted primary custody Father granted visitation

Gets more interesting……

Motion to Reopen

“Presented false testimony to the Court”

Next

Offering “proof” that our client liedSiting Text – A Comment posted to his

siteWe object to authenticity of evidence

Alleged Posting

“The trial is over, I don’t have to pretend to be nice….can’t believe the Judge believed everything we told her. You should have known that we would have made you look as bad as we could and made ourselves look perfect. I got everything I wanted: I got MY son. I’m going to …make sure that he grows up to resent and hate you ….

Steps in Process

Subpoena MySpace Internet Activity Records

When were users online?What Time was posting?MySpace

133 Second Street, 1st Santa Monica, CA 90401

Legal Department 310-969-7396Fax # 310-969-7394

Opposing Party’s AccountOur Client’s Account

Velocity.net Customers

AllTel Customers

Date & Time of MySpace Posting in question

MySpace Reports shows that a Velocity.net user posted to father’s site

Father’s MySpace Activity Report

Next Steps

Questions: Which velocity.net user made the posting?

Father’s ISP was Velocity.net - Dialup account Subpoena Velocity.net Internet Activity

Records Do records show father was on line at the time

of the posting? Our client was in class at Univ. of Arkansas Obtain letter from Professor

Velocity.Net Confirms “YES”

Velocity assigns User ID numbers for each customer

Logs identifies father as being on-line during time of posting – using a dialup account

Father was using IP No. 66.211.206.204 – the exact number in the posting

Evidence points to the father

Expert Witness

We present evidence – a letter from Technology Consultant

Explaining what the internet records reveal

Our position

Present examples of dummy sitesLetter from client’s English professorRequest Court to disallow evidence -

inadequate proof Judge agrees and dismisses Motion to

Reopen

Court Takes Action

Judge orders DA to confiscate computers

Deleted material is recoveredDefendant now faces Criminal

ChargesJudge Orders Defendant to Pay Costs

Other Case Examples

Eviction – Landlord introduces posting by tenants bragging about their wild parties

Custody – father introduces postings by mother implying she might be suicidal to suspend visits

Abuse – restraining order issued based on threatening posting.

Liz Keith – Circuit RiderProbono [email protected]

Harris, R.M. & Dewdney, P. (1994). Barriers to information: how formal help systems fail battered women. Westport, CT: Greenwood Press.

“Frustrations of Ping-Ponging”

Efforts to obtain services for a client took a caseworker to 41 agencies and required 35 hours

1994 Study

Circa 1994-1996

Fast forward to 2007

Who is going online?

• Internet penetration has reached 73% for all American adults (Pew Internet and American Life Project, April 2006)

• 36% of households with incomes less than $25,000 have access to the Internet (Pew Internet and American Life Project, May 2005)

• 40% of adults with less than a high school education use the Internet (Pew Internet and

American Life Project, April 2006)

Who is going online?

Differences do exist across demographic dimensions: Income Race Education Rural vs. urban and suburban (with notable

exceptions) Young vs. old

But overall, the gaps are closing

How are people using the web?

$15K - $20K $60K - $75K

School assignments 15.6 % 10.3 %

Take a course online 7.4 % 5.7 %

News, weather or sports information

57.6 % 68.6 %

Telephone calls 4.0 % 3.7 %

Information on health services or practices

38.5 % 45.0 %

Information on government services or agencies

30.1 % 37.7 %

Search for a job 23.0 % 17.9 %

Source: U.S. Census Bureau, Current Population Survey, October 2003.

How are people using the web?

Spotlight on health information-seeking:

77% of low-income Internet users have searched online for at least one health topic.

66% of seniors online by December 2003 used the Internet for health information

8% of all Internet users report having searched online for information about domestic violence.

Source: Pew Internet and American Life Project: Health Information Online (May 2005)

What is the impact of online information access?

7 of 10 Internet users, across all incomes, report: Better health information Better health services Different (but not always better) relationships

with their doctors.

Source: Pew Internet and American Life Project: Health Information Online (May 2005)

Source: Pew Internet and American Life Project: The Strength of Internet Ties (1/25/2006)

Expanded access to social networks

What is the impact of online information access?

Number of people who said the Internet played a crucial orimportant role in the following areas:

perusing more education or training for their career 21 million people

helping another person cope with a serious illness 16 million

helping themselves cope with a major illness: 7 million

Source: Pew Internet and American Life Project

$65.85 personal injury lawyer michigan (#3) $65.74 michigan personal injury attorney (#4) $61.44 car accident attorney los angeles (#6) $46.91 philadelphia personal injury lawyer $40.70 dui defense lawyers $35.33 tax attorney $33.41 criminal lawyer new york

Source: CWire.org / New York Times: Competing for Clients, and Paying by the Click (10/15/2007)

Ask Google: Most expense search terms as of 10/15/2007

Potential implications for our community and our clients?

Better informed about information, services and options

Improved access to most relevant services

Expanded opportunities for coordinated information delivery

Other ideas?

Harris, R.M. & Dewdney, P. (1994). Barriers to information: how formal help systems fail battered women. Westport, CT: Greenwood Press.

From “Frustrations of Ping-Ponging”…

Karen Wu – Staff AttorneyOhio Legal [email protected]

Using Technology to Facilitate Client Contact

Locating clients via e-mail

Cell phone to cell phone minutes

On-line web applications for emergency cases

Using Technology to Collect Evidence

Using Scanners

Using Digital Cameras

Using Disposable Cameras

Using Technology for Collaboration

Using cell phones for on-site referrals to social agencies

Using videoconferencing equipment to co-counsel with other attorneys

Using the internet to look up other counties’ procedures/HotDocs

Gabrielle Hammond – Executive DirectorLegal Services National Technology

Assistance Project (LSNTAP)[email protected]

Agenda Today

Test your digital divide knowledge with a fun quiz!

Review stats on digital divide: Who is online? What are they doing online? A look to future audiences and new media

Income

Recent studies show that what percentage of people with an income under $30,000 a year go online?

a. 28%

b. 38%

c. 49%

d. 58%

Source: Pew Internet and American Life Project, “Demographics of Internet Users, April 2007” (http://www.pewinternet.org/trends/User_Demo_4.26.07.htm)

IncomeInternet Access by Income, 2000 - 2006

49%52%

67%

74%

90%

38%

31%

65%

75%

78%

86%93%

0%

20%

40%

60%

80%

100%

2000 2002 2006

Per

cen

tag

e o

f P

op

ula

tio

n

Less than 30,000/year

$30,000-$49,999

$50,000-$74,999

$75,000 +

Source: Pew, “Demographics of Internet Users,” April 2007 (http://www.pewinternet.org/trends/User_Demo_4.26.07.htm), “The Ever Shifting Internet Population,” April 2003 (http://www.pewinternet.org/pdfs/PIP_Shifting_Net_Pop_Report.pdf), and “Who’s not online,” September 2000 (http://www.pewinternet.org/pdfs/Pew_Those_Not_Online_Report.pdf)

Income

Where is a low-income user most likely to use a computer and the Internet?

a. Home

b. Work

c. School

d. Library

Sources: “A Nation Online – Broadband Age,” September 2004. U.S. Department of Commerce. (http://www.ntia.doc.gov/reports/anol/NationOnlineBroadband04.htm)

Income

As of 2003, 45% of Internet users with income under $15,000 have access at home. About 25% of this same group has access at work.

28% of Internet users with annual household incomes of less than $30,000 logged on from a location other than their home or place or work: schools, libraries or friends’ houses.

Sources: “A Nation Online – Broadband Age,” September 2004. U.S. Department of Commerce. (http://www.ntia.doc.gov/reports/anol/NationOnlineBroadband04.htm) & Pew, “People who use the Internet away from home and work,” March 2004 (http://www.pewinternet.org/pdfs/PIP_Other_Places.pdf)

Age

Significantly fewer 30 to 49 year-olds access the internet than their 18 to 29 year-old counterparts.

a. Trueb. False

In December 2006, they were neck and neck: 83% of 18-29 year olds and 82% of 30-49 years olds polled were online.

Source: Pew, “Demographics of Internet Users,” April 2007 (http://www.pewinternet.org/trends/User_Demo_4.26.07.htm)

Internet Access by Age, 2000 - 2006

18%

33%

69%

74%

83%

82%

67%60%

45% 52%

70%

14%

0%

20%

40%

60%

80%

100%

2000 2002 2006

Perc

en

tag

e o

f P

op

ula

tio

n

18-29

30-49

50-64

64+

Age


Race

What percentage of Latinos who speak only Spanish goes online?

a. 17%

b. 32%

c. 75%

d. 49%

Source: Pew, “Latinos Online,” March 2007, (http://www.pewinternet.org/pdfs/Latinos_Online_March_14_2007.pdf)

Race: Latinos Online

Source: Pew, “Latinos Online,” March 2007, (http://www.pewinternet.org/pdfs/Latinos_Online_March_14_2007.pdf)

Race

A Rough Comparison: Percentage Online, by Household Income and Race/Ethnicity

Internet Access by Race/Ethnicity and Income, 2000 -2002

28%32%

25%

60% 57% 55%

82% 82%

65%

0%

20%

40%

60%

80%

100%

Latino White Black

Perc

enta

ge O

nlin

e under 20,000

20,000 - 50,000

over 50,000

Sources: Pew, “The Ever Shifting Internet Population,” April 2003 (http://www.pewinternet.org/pdfs/PIP_Shifting_Net_Pop_Report.pdf) & “Latinos Online,” March 2007, (http://www.pewinternet.org/pdfs/Latinos_Online_March_14_2007.pdf)

Education

What percentage of Americans without high school degrees are online?

a. 20%

b. 36%

c. 10%

d. 25%

Source: Pew, “Demographics of Internet Users,” April 2007 (http://www.pewinternet.org/trends/User_Demo_4.26.07.htm)

Internet Access by Education

17%23%

36%34%

45%

59%63%

72%

84%

75%82%

91%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2000 2002 2006

Per

cen

tag

e o

f P

op

ula

tio

n

Less than HighSchool

High School

Some College

College +

Education


Source, Pew, “Rural Broadband Internet Use,” February 2006 (http://www.pewinternet.org/pdfs/PIP_Rural_Broadband.pdf)

Rural Use

Rural and Urban Use: The Broadband Gap

• Home high speed service less available in rural areas, but fast catch up in recent years

• No significant gap in workplace access

• Rural broadband users have same intensity of use as urban and suburban broadband users

Source, Pew, “Rural Broadband Internet Use,” February 2006 (http://www.pewinternet.org/pdfs/PIP_Rural_Broadband.pdf)

The Future: Children

What percentage of public schools have internet available in their classrooms?:

a. 45%

b. 56%

c. 67%

d. 94%

Source: NCES (National Center for Education Statistics), US Department of Education Internet Access in U.S. Public Schools and Classrooms: 1994-2005. November 2006 (http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007020)


Source: NCES, US Department of Education, “Internet Access in U.S. Public Schools and Classrooms: 1994-2005.” November 2006 (http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007020)


The computer use at home by children enrolled in nursery school or K – 12 who live in households earning more than $75,000 is nearly 88%. Computer use by their low-income counterparts in households earning less than $20,000 is:

a. 88%b. 23%c. 37%d. 11%

Source: NCES (National Center for Education Statistics), US Department of Education. Computer and Internet Use by Students in 2003, September 2006. (http://nces.ed.gov/pubs2006/2006065.pdf)


2001:

87% of students used computers at school

2005:The use of the Internet by teens aged 12 – 17 climbed from 73% in 2000 to 87%.

Sources: NCES (National Center for Education Statistics), US Department of Education. Computer and Internet Use by Children and Adolescents in 2001. October 2003, (http://nces.ed.gov/programs/quarterly/vol_5/5_4/2_1.asp) Pew," Teens and Technology,” July 27, 2005, (http://www.pewinternet.org/pdfs/PIP_Teens_Tech_July2005web.pdf)

The Future: Teens and New Media

Teens are a great indicator of future use: 84% own at least one computer, cell phone,

PDA; 44% have two. 33% use cell phones for text messaging 75% of online teens use IM, and they use IM to

share links (50%), photos or documents (45%), music or audio files (31%)

55% have profiles on one or more social networking sites

Source: Pew, “Teens and Technology,” July 2005 (http://www.pewinternet.org/pdfs/PIP_Teens_Tech_July2005web.pdf) & “Teens, Privacy & Online Social Networks,” April 2007 (http://www.pewinternet.org/pdfs/PIP_Teens_Privacy_SNS_Report_Final.pdf).

The Future: New Media

Use of Various Online Communication Media by Age, 2004 - 2005

0102030405060708090

100

email instantmessage

textmessaging(cell phone)

videodownloads

creatingblogs

reading blogs news

Per

cen

tag

e 12 to 17

18 to 28

29 to 40

41 to 50

51 to 59

60 - 69

70 +

Source: Pew, “Generations Online,” January 2006 (http://www.pewinternet.org/pdfs/PIP_Generations_Memo.pdf)

The Future: Instant Messaging

There are more IM users in lower education and income groups than in many other activities.

a. True

b. False

Source: Pew, “Online Pursuits,” 2004 (http://www.pewinternet.org/pdfs/PIP_Online_Pursuits_Final.PDF)

The Future: Instant Messaging

Instant Messaging (IM): “a form of real time communication between two or more people based on typed text.”

Adults (in 2004): 42% of online adults used IM, 21% of them at

work Teens (in 2005):

75% of online teens Report that they prefer IM to email

Source: Pew, “How Americans use instant messaging,” September 2004, (http://www.pewinternet.org/pdfs/PIP_Instantmessage_Report.pdf); Teens and Technology, http://www.pewinternet.org/pdfs/PIP_Teens_Tech_July2005web.pdf; “Teen Life Online,” June 2001 (http://www.pewinternet.org/report_display.asp?r=36)

The Future: More Cell Phones

Cell phones increasingly prevalent as phones, cameras, browsers, texting devices. As of July 2005,

68% of adults had cell phones; 35% of those cell phone owners had used text messaging.

45% of teens owned a cell phone; 33% of all teens used text messaging. (Urban teens most likely to own them)

Source: “Teens and Technology,” (http://www.pewinternet.org/pdfs/PIP_Teens_Tech_July2005web.pdf) & “Cell phone use,” April 2006 (http://www.pewinternet.org/pdfs/PIP_Cell_phone_study.pdf)

The Future: More Cell Phones

The Future: Video

YouTube – Video Sharing site Founded February 2005 65,000 videos are

uploaded daily 100 million videos

watched a day. 20 million unique users,

mainly in the 18 - 49 age range, view the Web site monthly.

Profile of the Average YouTuber (October 2006)

Age 27

Videos watched per day:

39

Videos watched, ever:

1135

Videos uploaded 7

Comments 7

(table source: Mashable Labs: http://mashable.com/2006/10/30/are-you-an-average-youtube-user/)

Source: “Social Networking and Video Web Sites: MySpace and YouTube Meet the Copyright Cops,” May 2007by Stephanie C. Ardito, Principal, Ardito Information & Research, Inc. (http://www.infotoday.com/searcher/may07/Ardito.shtml)

Conclusions

Underserved communities are affected by the digital divide, but they are using the Internet and their numbers online continue to increase.

Our future clients – children and teens – use new, dynamic communication technologies and will turn to the Internet for important information.

All kinds of people use the Net to make important life decisions right now.

Legal aid programs need to make ourselves available where our clients are looking for us.

Questions or Comments?

Resources: More digital divide quiz:

http://lsntap.org/digital_divide_quiz

Bibliography (1)Pew Internet and American Life Reports:

2007:“Demographics of Internet Users,” April 2007, (

http://www.pewinternet.org/trends/User_Demo_4.26.07.htm)“Latinos Online,” March 2007, (

http://www.pewinternet.org/pdfs/Latinos_Online_March_14_2007.pdf)“Teens, Privacy & Online Social Networks,” April 2007, (

http://www.pewinternet.org/pdfs/PIP_Teens_Privacy_SNS_Report_Final.pdf)“A Typology of Information and Communication Technology Users,” May 2007, (

http://www.pewinternet.org/pdfs/PIP_ICT_Typology.pdf)

2006:“Rural Broadband Internet Use,” February 2006, (

http://www.pewinternet.org/pdfs/PIP_Rural_Broadband.pdf)“The Internet’s Growing Role in Life’s Major Moments,” April 2006, (

http://www.pewinternet.org/PPF/r/181/report_display.asp)“Generations Online,” January 2006, (

http://www.pewinternet.org/pdfs/PIP_Generations_Memo.pdf)“Cell phone Use,” April 2006, (http://www.pewinternet.org/pdfs/PIP_Cell_phone_study.pdf)“Podcast Downloading,” November 2006, (

http://www.pewinternet.org/pdfs/PIP_Podcasting.pdf)

Bibliography (2)Pew Reports, continued:

2005:“Teens and Technology,” July 27, 2005, (

http://www.pewinternet.org/pdfs/PIP_Teens_Tech_July2005web.pdf) 2004:“People who use the Internet away from home and work,” March 2004,

(http://www.pewinternet.org/pdfs/PIP_Other_Places.pdf)“How Americans use instant messaging,” September 2004,

http://www.pewinternet.org/pdfs/PIP_Instantmessage_Report.pdf

2000 - 2003:“The Ever Shifting Internet Population,” April 2003,

(http://www.pewinternet.org/pdfs/PIP_Shifting_Net_Pop_Report.pdf)"America's Online Pursuits," December 2003,

(http://www.pewinternet.org/pdfs/PIP_Online_Pursuits_Final.PDF)“Teen Life Online,” June 2001, (http://www.pewinternet.org/report_display.asp?r=36)“Who’s not online,” September 2000,

(http://www.pewinternet.org/pdfs/Pew_Those_Not_Online_Report.pdf)

Bibliography (3)NCES reports (2003 – 2006)

NCES (National Center for Education Statistics), US Department of Education. Computer and Internet Use by Children and Adolescents in 2001. October 2003. (http://nces.ed.gov/programs/quarterly/vol_5/5_4/2_1.asp)

NCES (National Center for Education Statistics), US Department of Education. Computer and Internet Use by Students in 2003, September 2006. (http://nces.ed.gov/pubs2006/2006065.pdf)

NCES (National Center for Education Statistics), US Department of Education Internet Access in U.S. Public Schools and Classrooms: 1994-2005. November 2006 (http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007020)

NTIA reports (2004 and 2002):

“A Nation Online – Broadband Age,” September 2004. U.S. Department of Commerce, (http://www.ntia.doc.gov/reports/anol/NationOnlineBroadband04.htm)

“A Nation Online – How Americans Are Expanding Their Use of the Internet,” February 2002. US Department of Commerce, (http://www.ntia.doc.gov/ntiahome/dn/html/anationonline2.htm)

Bibliography (4)Other:

Ardito, Stephanie, “Social Networking and Video Web Sites: MySpace and YouTube Meet the Copyright Cops,” May 2007 (http://www.infotoday.com/searcher/may07/Ardito.shtml)

Parks Associates, “Offline Americans see Internet of Little Value,” March 2007 (http://www.parksassociates.com/press/press_releases/2007/nat_scan1.html)

US Census Bureau, US Department of Commerce (Economics and Statistics Division): Computer and Internet Use in the United States: 2003. October 2003, (http://www.census.gov/prod/2005pubs/p23-208.pdf)

USC-Annenberg Digital Future Project, “Online World As Important to Internet Users as Real World?” ( http://www.digitalcenter.org/pdf/2007-Digital-Future-Report-Press-Release-112906.pdf)

NLADA Conference November 7-11, 2007 Technology Trends that Impact How You Practice Poverty Law...

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