The Law and Technology: Wh t St d t & P tWhat Students & Parents

Need To KnowNeed To KnowKaren HaaseKaren Haase Harding & Shultz

(402) 434 3000(402) 434-3000khaase@hslegalfirm.com

H & S School Law

@K H@KarenHaase

Topics to ConsiderpCyberbullyingSextingCopyrightCopyright

Issues

Cyberbullying

Cyberbullying?Cyberbullying, v: the use of technologyCyberbullying, v: the use of technology

such as computers and cell phones to i t d d h til b h iengage in repeated, and hostile behavior

by an individual or group, that is y g pintended to harm others.

The term "cyberbullying" is used when the victim or bully is a child or teen. The term cyber harassment is used when the

victim is an adult.

Common Cyberbullying Tactics

Stealing someone’s online name andStealing someone s online name and using it to write nasty rumors,

icomment, or spread gossip. Posting damaging information on g g g

blogs or web sites. Making a targeted Facebook pageMaking a targeted Facebook pageCreating or taking part in Internet

polling or list-making

How Common is Cyberbullying?How Common is Cyberbullying?

one in four students between the ages of 11 and 19 have been the gvictim of cyberbullying.

A i t l 65 t f kidApproximately 65 percent of kids know of someone who has been cyberbullied.

Not My Kid!yTold parents: 51% of preteens andTold parents: 51% of preteens and 35% of teens

T ld f i d 44% f t d 72%Told friend:44% of preteens and 72% of teens who’d been cyberbullied told a yfriend Told no one: 16% of preteens andTold no one: 16% of preteens and teens

So what’s the big deal?So what s the big deal?

School-Related Consequences

Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of Definition: ongoing pattern of

physical, verbal or electronic abuse” Consequences: Consequences:

─ Loss of extracurricular privileges D t ti─ Detentions

─Short and Long Term SuspensionE l i─Expulsion

─Alternative School Assignment

Kowalski v. Berkeley Co. Schs(4th Ci 2011)(4th Cir. 2011)

Student created MySpace groupStudent created MySpace group harassing another studentCreator of the page received

• 10-day suspension from school10 day suspension from school • 90-day “social suspension”

Ct h d b t ti lCt.: speech caused substantial disruption, therefore discipline p , pappropriate

Civil ConsequencesCivil Consequences Student and parents can be sued Student and parents can be sued

• Suing for money; no jail time• Homeowners insurance often pays• Homeowners insurance often pays• Judgments can result in home

f l d h h d hiforeclosure and other hardship Suit can be for:

I i l i fli i f i l• Intentional infliction of emotional distress

• Tortuous interference• Tortuous interference • Slander

D.C. v. R.S. (Cal. 2010)High school student posted on victim’s

website• I want to rip out your f-ing heart andI want to rip out your f ing heart and

feed it to you. I' t d t kill• I've wanted to kill you.

• If I ever see you I'm going to pound y g g pyour head in with an ice pick.

Family sued; defendant said just a joke Family sued; defendant said just a joke Litigation allowed to continue

Criminal Consequences (State Law)

Neb. Rev. Stat. 28-311.01 Terroristic Threats: “threatens to

commit any crime of violence …• With the intent to terrorize anotherWith the intent to terrorize another • In reckless disregard of the risk of

causing such terrorcausing such terror Class IV Felony punishable by:

• Up to 5 years in prison and/or• Up to 5 years in prison and/or• $10,000 fine

State v. Murphy (NE)Girl’s family disliked defendantO M S h tOn MySpace he wrote:

• He was going to "beat the hell out of a g glot of people"

• He would be "killing a lot of people “• He would be killing a lot of people.• Told girlfriend’s sister he didn’t “want

d killi h h kid ”to end up killing her or her kid.”Charged with making terroristicCharged with making terroristic

threats

Sexting?Sexting, v: (a combination of sexSexting, v: (a combination of sex and texting) is the act of sending

ll li itsexually explicit messages or photos electronically, primarily p y p y

between cell phones.

How Common is Sexting?g

Sexually suggestive photos sent: Sexually suggestive photos sent:– 20% overall–22% girls –11% young teen girls (ages 13-16)11% young teen girls (ages 13 16)–18 % boys

How Common is Sexting?g

Sexually suggestive messages sent:Sexually suggestive messages sent:–39% of all teens–37% girls–40% boys40% boys

48% of teens say they have received ti h tsexting photos or messages.

Serious Consequences: Jessica LoganSerious Consequences: Jessica Logan

Criminal Implications Under Nebraska Law

Neb. Rev. Stat. 28-813 et. seq. Makes sexting (images) a class IV Makes sexting (images) a class IV

felony for offenders under 19 Class IIIA felony for 19 and up Class IIIA felony for 19 and up Both punishable by:

• Up to 5 years in prison and/orUp to 5 years in prison and/or• $10,000 fine• Require sex offender registrationq g

In re Katrina R. (Neb. 2011015 year old texted nude pics to her BF Was adjudicated “a child who deports

herself so as to injure or endanger j gseriously the morals or health of herself or others” e se o ot e s

• Placed in legal custody of HHS6 ’ i• 6 months’ probation

• Required counseling andRequired counseling and community service.

Copyright Issues

Capital v. ThomasThomas downloaded and shared

songsReceived “cease and desist” letterReceived cease and desist letterRecord Companies suedJury trial 2007 Jury found infringement for 24 songsJury found infringement for 24 songs

Capital v. ThomasDamages

• First jury ordered $222,000 • Second Jury $1 92 million Judge• Second Jury $1.92 million. Judge

reduced to $54,000.• Third jury $1.5 million. Judge

reduced to $54,000, or $2,250 perreduced to $54,000, or $2,250 per song

Sony BMG v. TenenbaumUsed Kazaa to download 31 music

filesJudge entered a finding of liability,Judge entered a finding of liability, Jury assessed damages of $675,000Judge reduced amount

to $67 500to $67,500

So what to do? BUY your musicKnow about “fair

use doctrine”use doctrine Parents: Model

icopyright compliancep

When in doubt, ask

5 Things Parents Can Do5 Things Parents Can Do

1. Talk to your kids about digital citizenship

Make sure they understand that nothing in cyberspace is private

Talk through possible consequences – both short and long term

2. Get Involved in your child’s on-line life

Understand how a new technology works before letting your child useworks before letting your child use it.

Monitor their postings Monitor their postings Google your kids’ names Check up on them Check up on them

- some cell carriers allow web retrieval of all textsretrieval of all texts

-My Mobile Watchdog/Mobile Spy-Cyber Bully Alert

3. Place limits on electronic communication

Don’t let them charge cell phones in their bedroomstheir bedrooms

Place computers in public parts of Place computers in public parts of the house

Limit texting during meals, homework time etchomework time, etc.

4. If your child is cyberbulliedTell your kid to stop communicating

with the cyberbullywith the cyberbully Do not erase the evidence If necessary block problem If necessary, block problem

callers/texters Options Options

• AT&T Parental Controls • phone-specific Optionsphone specific Options• YouMail• Forward your child’s phoneForward your child s phone• Change your child’s number

4. If your child is cyberbulliedContact, as appropriate:

th th f il /f ili• the other family/families • your Internet provider, the social you te et p ov de , t e soc a

networking site, or cell phone company and file a complaintcompany and file a complaint

• the school• local law enforcement

5. If your child is the misusing techonology

It happens – don’t automatically dismiss accusations

Impose consequences and stick to them

Warn of other consequences Discuss limits and reasons for them Ask your child why he/she thinks

this behavior is acceptable p

The Law and Technology: Wh t St d t & P tWhat Students & Parents

Need To KnowNeed To KnowKaren HaaseKaren Haase Harding & Shultz

(402) 434 3000(402) 434-3000khaase@hslegalfirm.com

H & S School Law

@K H@KarenHaase