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




• Author of 6 Books




• Author of 6 Books• Computer Forensics

Expert





Expert• 10 Years --

Burlington (VT) School Board


Introduction• Attorney, Educational

Consultant & Lecturer• Author of 6 Books• Computer Forensics

Expert• 10 Years -- Burlington

(VT) School Board• Technology & Privacy

Specialist





Expert• 10 Years --

Burlington (VT) School Board

• Technology & Privacy Specialist

• Student Safety Advocate



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


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


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


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


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



Easy• The Internet



Easy• The Internet• Porn Chic



Easy• The Internet• Porn Chic• Celebrity

Sexting



Easy• The Internet• Porn Chic• Celebrity

Sexting• Hormones


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.


Emotional and Social Impact

• Short-Term:–Embarrassment–Bullying, Harassment,

Ostracization–Sexual Blackmail (Sextortion)

• Long-Term:–Depression and Mental Illness–Self-Injury and/or Suicide


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



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


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


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


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


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