Final DRAFT: Go Ahead and Shoot Me: The Wild West of Online Video and Image Sharing

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Final DRAFT report for UVU Faculty Conference 2011 held on Wed, January 19, 2011. Now needs to go through editorial review but more refined than original posted version. Use information as you see …

Final DRAFT report for UVU Faculty Conference 2011 held on Wed, January 19, 2011. Now needs to go through editorial review but more refined than original posted version. Use information as you see fit.

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  • 1. Go Ahead and Shoot Me Go Ahead and Shoot Me: The Wild West of Online Video and Image Sharing Anne Arendt, Utah Valley University Last update: 1/18/2011CAVEAT: BELOW INFORMATION IS FOR DISCUSSION ONLY AND NOT INTENDED TO BE LEGAL ADVICEA new and perhaps growing issue for educational institutions such as ours is the role of recordedvideo/audio shot by individuals either on campus or in the name of the institution. This report intends tostart the discussion of what the issues and guidelines are for this issue across the United States as wellas at our own institution. SITUATIONAL ANALYSISLet’s consider how long social media resources have been around. The timeline is striking, for example:Wikipedia (online encyclopaedia) 2001; del.icio.us (social bookmarking) 2003; MySpace 2003 (socialnetworking); Facebook (social networking) 2004; Flikr (social media) 2004; Bebo (social networking)2005; and YouTube (social media) 2005 (Higher Education Academy and the Joint Information SystemsCommittee).Now let us consider how these new tools are being used by younger generations. Consider thesenumbers for 11-15 year olds in the United Kingdom: • Having at least one social networking site 75% • Using email and instant messaging 90% • Playing online multiplayer games 60% • Owning an MP3 player 80% • Owning a mobile phone with camera 85% (Higher Education Academy and the Joint Information Systems Committee).Based on a PEW study in the United States, “Forty-seven percent of adult U.S. Internet users use onlinesocial networks, and 19 percent now use Twitter or other status update services, according to research bythe Pew Internet and American Life Project.” It continues, “The survey also highlighted the fact that useof Twitter and similar services is more popular among younger users, with 37 percent of 18-24 year oldsand 31 percent of 25-34 year olds claiming to use it. This compares with 19 percent of 35-44 year olds,and 10 percent of 45-64 year olds” (Marshall, 2009).As we look at how we as educators are to become involved in these new environments it may serve uswell to consider the vast array of environments, norms, expectations, and situations that exist.Higher Education Academy and the Joint Information Systems Committee notes, “The consequences ofthis generation’s experience have become increasingly apparent over time. In general, they include astrong sense of a community linked in its own virtual spaces of blogs and social networking and gamingsites; a similarly strong sense of group identity; and a disposition to share and to participate. They alsoinclude impatience – a preference for instant answers; a downgrading of text in favour of image; and acasual approach to evaluating information and attributing it, and also to copyright and legal constraints”(Higher Education Academy and the Joint Information Systems Committee, 2009). As this youngergeneration joins higher education, the environment within which we work will continue to transition—notjust in the tools available but also in how we choose to use them. Therefore, we need to start addressinghow we will prepare for these changes. “The generation born in the 1990s entered a world of hightechnological sophistication and has grown up accommodating and influencing yet further advances onthe ICT [Information and Communication Technologies] front in particular. Generally speaking, itsmembers are familiar and entirely at ease with the design of these technologies, unafraid ofexperimenting with them, and take for granted and get on with doing all that they allow – talking,messaging, playing online games, sharing images, finding things out – often simultaneously. Moreover,most of their learning about it, and how to use it, comes from their peers. ICT, and the Social Web1
  • 2. Go Ahead and Shoot Meespecially, is their medium and their metier. It is integral to the world they know and that world is the onlyone they have known. There is no going back from this position. Indeed, it can only become more firmlyestablished as the norm by subsequent generations, and not just in the UK but worldwide” (HigherEducation Academy and the Joint Information Systems Committee, 2009).OVERVIEW OF SOCIAL MEDIA TOOLSWhereas the original Web was more of a one-way medium with content going from the publisher to thereader, Social media is a bi-directional medium where people interact with each other and/or with thecontent. Basically, it is a change from an environment with a few content authors and many readers toone in which users generate, re-purpose, and consume shared content. As the Consortium for SchoolNetworking (CoSN) notes, “Social media is defined as an online application that uses the World WideWeb (www) as a platform and allows for participatory involvement, collaboration, and interactions amongusers. Social media is also characterized by the creation and sharing of intellectual and social resourcesby end users” (2009).Examples of Social media applications include items such as web logs or blogs; online diaries that allowthe originator and readers to state ideas and react; wikis, which are topical collections of information thatcan be edited by multiple individuals within a group; social networking sites where users can createpersonalized pages of information and interact with others ; or file sharing sites where users can shareimages, audio, video and more. In addition to these, there are services that allow users to participate invarious group activities and to complete, individually or collaboratively, a variety of tasks such asdocument creation and editing that would previously have relied upon software on a local computer(CoSN, 2009; Albion, 2008).Social media applications like online communities, blogs, and wikis should not be thought of as just apassing fad or idle socializing, but as an activity that has embedded itself into the way work gets done(Demski, 2009). As Albion notes in Social media in Teacher Education, “Social media represents a moreparticipative and potentially paradigm-changing environment for building and sharing knowledge. Someeducators have begun to apply these tools in classrooms but, as their use in society expands, there willbe expectations for their wider application in schools.” (2008). He continues, “As social media develops, itwill not be possible for educators at any level to ignore it. Society, especially employers, will expecteducation to develop essential skills with the new tools, and learners already familiar with the tools willexpect to be able to apply their knowledge and skills while learning” (Albion, 2008).For the purposes of this paper, we will look specifically at the effects of video and images distributionwithin these technologies. The most common place of occurrence for this are inside of social networkingsites and in photo or video sharing sites such as Youtube.SOCIAL NETWORKING AND PROFILESAs Wikipedia notes, "A social network service focuses on building online communities of people whoshare interests and/or activities, or who are interested in exploring the interests and activities of others.Most social network services are web based and provide a variety of ways for users to interact, such as e-mail and instant messaging services.” It includes sites such as Facebook and MySpace that are open foranyone to subscribe to, or can be more limited/controlled sites such as Ning, Lymabean, or Saywire. • Facebook: http://www.facebook.com/ • MySpace: http://www.myspace.com/ • Ning: http://www.ning.com/ • Lymabean: http://www.lymabean.com/ • Saywire: http://www.saywire.com/PHOTO AND VIDEO SHARING AND EDITING2
  • 3. Go Ahead and Shoot MeThere are a multitude of sites that permit you to share images. This includes sites such as Flickr, Picnik,Picasa (Google), Webshots, Photobucket, or YouPublish to name a few. There is also a multitude of sitesthat permit you to share videos. This includes site such as Youtube, Vimeo, Viddler, Ustream,Teachertube, Yahoo Video, or Graspr. • Flickr: http://www.flickr.com (log in as ‘uvumarketing’ and password ‘gogreen’) • Picnik: http://www.picnik.com/ • Webshots: http://www.webshots.com/ • Photobucket: http://photobucket.com/ • YouPublish: http://www.youpublish.com/ • Youtube: http://www.youtube.com/ • Vimeo: http://www.vimeo.com/ • Viddler: http://www.viddler.com/ • Ustream: http://www.ustream.tv/ • Teachertube: http://www.teachertube.com/ • Yahoo Video: http://video.yahoo.com/ • Graspr: http://www.graspr.com/ • Jing: http://www.jingproject.com/Most of our attention will be on the sharing of video, as that is an area with a fair amount of ambiguity,even when it comes to adherence to laws and policies already in existence. LAWS & POLICIES THAT ALREADY EXISTFREEDOM OF SPEECH/EXPRESSIONFreedom of speech (expression) in the United States is protected by the First Amendment to the UnitedStates Constitution and by many state constitutions and state and federal laws.FIRST AMENDMENT TO THE U.S. CONSTITUTION (RELIGION AND EXPRESSION)The First Amendment to the United States Constitution is part of the Bill of Rights and was adopted in1791. It provides that: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.It should be noted that court decisions have expanded this concept to include not just verbalcommunication but also non-verbal expressions such as wearing a symbol, dance movements, or silentvigils.UNIVERSAL DECLARATION OF HUMAN RIGHTSThe right to freedom of speech is recognized as a human right under Article 19 of the UniversalDeclaration of Human Rights and recognized in international human rights law in the InternationalCovenant on Civil and Political Rights (ICCPR).As stated by the Global Network Initiative: Freedom of Expression: Freedom of expression is defined using Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR): UDHR: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.3
  • 4. Go Ahead and Shoot Me ICCPR: 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. The Global Network Initiative notes: “Freedom of opinion and expression is a human right and guarantor of human dignity. The right to freedom of opinion and expression includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Freedom of opinion and expression supports an informed citizenry and is vital to ensuring public and private sector accountability. Broad public access to information and the freedom to create and communicate ideas are critical to the advancement of knowledge, economic opportunity and human potential. The right to freedom of expression should not be restricted by governments, except in narrowly defined circumstances based on internationally recognized laws or standards. These restrictions should be consistent with international human rights laws and standards, the rule of law and be necessary and proportionate for the relevant purpose. Participating companies will respect and protect the freedom of expression of their users by seeking to avoid or minimize the impact of government restrictions on freedom of expression, including restrictions on the information available to users and the opportunities for users to create and communicate ideas and information, regardless of frontiers or media of communication” (2009).COPYRIGHT AND INTELLECTUAL PROPERTYGenerally speaking, we have well established rules and norms for individual, joint, institutional and vendorIP ownership. We also have reasonably well established academic norms for attribution. However, thedevil is in the details (Cate, 2009). We can now distribute rights almost any way we want to distributethem. Copyright and intellectual property policy and enforcement includes a number of areas such aspatents, trademarks, trade secrets, right of publicity, and copyrights.As the United State Copyright Office states: Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: • To reproduce the work in copies or phonorecords; • To prepare derivative works based upon the work; • To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;4
  • 5. Go Ahead and Shoot Me • To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and • In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission. In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.” (United States Copyright Office).Learn more about copyright basics at http://www.copyright.gov/circs/circ1.pdfFAIR USEAs noted by the U.S. Copyright notice, fair use is define as follows: The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.COPYRIGHT IN EDUCATIONCopyright law provides educators with a separate set of rights in addition to fair use, to display (show) andperform (show or play) others works in the classroom. These rights are in Section 110(1) of the CopyrightAct and apply to any work, regardless of the medium: § 110. Limitations on exclusive rights: Exemption of certain performances and displays Notwithstanding the provisions of section 106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or5
  • 6. Go Ahead and Shoot Me the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;TEACH ACTSigned by President Bush on November 2, 2002, the Technology, Education, and CopyrightHarmonization (TEACH) Act "facilitates and enables the performance and display of copyrightedmaterials for distance education by accredited, non-profit educational institutions (and some governmententities) that meet the TEACH Act’s qualifying requirements. Its primary purpose is to balance the needsof distance learners and educators with the rights of copyright holders. The TEACH Act applies todistance education that includes the participation of any enrolled student, on or off campus" (CopyrightClearance Center).RIGHT OF PUBLICITYA state-set rule regarding the right to control the commercial use of one’s identity. It generally includesname, image and likeness; however, it varies from state to state. Right of publicity is part of theintellectual property family. Currently, Utah is one of nineteen states that recognize the Right of Publicityvia statutes (Right of Publicity). In Utah it specifically related to newspapers and radio broadcasting.These policies leave much grey area when it comes to Web 2.0 and social media technologies;particularly when these technologies are outside of a traditional or online classroom setting.Learn more about Utah’s Right of Publicity at http://rightofpublicity.com/statutes/utahANTI-CIRCUMVENTIONAnti-circumvention laws prohibit the circumvention of technological barriers for using a digital resources incertain ways which the rights holders do not wish to allow.WIPO COPYRIGHT TREATYThe World Intellectual Property Organization Copyright Treaty(http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html), abbreviated as the WIPO Copyright Treaty, isan international treaty on copyright law adopted by the member states of the World Intellectual PropertyOrganization (WIPO) in 1996. The United States entered into the force in 2002. The WIPO CopyrightTreaty is implemented in United States law by the Digital Millennium Copyright Act or DMCA (Wikipedia,2009b).DIGITAL MILLIENNIUM COPYRIGHT ACTThe Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996treaties of the World Intellectual Property Organization (WIPO). It criminalizes production anddissemination of technology, devices, or services intended to circumvent measures (commonly known asdigital rights management or DRM) that control access to copyrighted works. It also criminalizes the act ofcircumventing an access control, whether or not there is actual infringement of copyright itself. In addition,the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, whilelimiting the liability of the providers of on-line services for copyright infringement by their users (Wikipedia,2009a).PRIVACY, DATA PROTECTION AND FREEDOM OF INFORMATIONIn considering privacy, data protection, and freedom of information laws, we need to consider normativeand ethical issues as well as legal ones.6
  • 7. Go Ahead and Shoot MePRIVACYPrivacy is something we all seem to want in some cases and all seem to be willing to give up in others.“Privacy is an important, but illusive concept in law. The right to privacy is acknowledged in several broad-based international agreements. Article 12 of the Universal Declaration of Human Rights and Article 17 ofthe United Nations International Covenant on Civil and Political Rights both state that, ‘No one shall besubjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks uponhis honour and reputation. Everyone has the right to the protection of the law against such interference orattacks’” (Stratford & Stratford, 1998).Stratford and Stratford note, “The term “privacy” does not appear in the U.S. Constitution or the Bill ofRights. However, the U.S. Supreme Court has ruled in favor of various privacy interests-deriving the rightto privacy from the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to the Constitution”(1998).As stated by the Global Network Initiative: Privacy: Privacy is defined using Article 12 of the Universal Declaration of Human Rights (UDHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR): UDHR: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. ICCPR: 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. The Global Network Initiative notes, ““Privacy is a human right and guarantor of human dignity. Privacy is important to maintaining personal security, protecting identity and promoting freedom of expression in the digital age. Everyone should be free from illegal or arbitrary interference with the right to privacy and should have the right to the protection of the law against such interference or attacks. The right to privacy should not be restricted by governments, except in narrowly defined circumstances based on internationally recognized laws and standards. These restrictions should be consistent with international human rights laws and standards, the rule of law and be necessary and proportionate for the relevant purpose” (2009).“The Privacy Act (PL 93-579) is a companion to and extension of the Freedom of Information Act (FOIA)of 1966. FOIA was primarily intended to provide access to government information. It did exempt thedisclosure of personnel and medical files that would constitute “a clearly unwarranted invasion of personalprivacy” [12]. This provision was initially used to deny access to people requesting their own records. Sothe Privacy Act was also adopted both to protect personal information in federal databases and to provideindividuals with certain rights over information contained in those databases. The act has beencharacterized as “the centerpiece of U.S. privacy law affecting government record-keeping” [13]. The actwas developed explicitly to address the problems posed by electronic technologies and personal recordssystems and covers the vast majority of personal records systems maintained by the federal government.The act set forth some basic principles of “fair information practice,” and provided individuals with the rightof access to information about themselves and the right to challenge the contents of records. It requiresthat personal information may only be disclosed with the individual’s consent or for purposes announcedin advance. The act also requires federal agencies to publish an annual list of systems maintained by theagency that contain personal information” (Statford & Stratford, 1998).7
  • 8. Go Ahead and Shoot MeDATA PROTECTIONThe Federal Trade Commission is educating consumers and businesses about the importance ofpersonal information privacy, including the security of personal information. Under the FTC Act, theCommission guards against unfairness and deception by enforcing companies privacy promises abouthow they collect, use and secure consumers personal information. Under the Gramm-Leach-Bliley Act,the Commission has implemented rules concerning financial privacy notices and the administrative,technical and physical safeguarding of personal information, and it aggressively enforces againstpretexting (Federal Trade Commission).U.S. SAFE WEB ACT OF 2006Congress approved S. 1608, the “Undertaking Spam, Spyware, And Fraud Enforcement with Enforcersbeyond Borders Act of 2006,” (the US SAFE WEB Act of 2006) on December 9, 2006. The US Safe WebAct amends the Federal Trade Commission Act (FTCA) and improves the Federal Trade Commission(FTC)’s ability to protect consumers from international fraud by: (1) improving the FTC’s ability to gatherinformation and coordinate investigation efforts with foreign counterparts; and (2) enhance the FTC’sability to obtain monetary consumer redress in cases involving spam, spyware, and Internet fraud anddeception (Brownlee, 2006).It should be noted that the United States does not treat personal data privacy in the same manner assome other countries. “Where the U.S. approach has been to provide specific and narrowly applicablelegislation, in Europe there are unified supra-national policies for the region. Most countries haveimplemented these policies with omnibus legislation. The European legislation outlines a set of rights andprinciple for the treatment of personal data, without regard to whether the data is held in the public orprivate sector. In the United States, the legal tradition is much more concerned with regulating datacollected by the federal government" (Stratford & Stratford, 1998).”LIABILITYThere are three types of liability issues that should be taken into account in relation to an institution’s useof Web 2.0 technologies: 1. Contract based liability due to breach of contract 2. Negligence based liability due to failure to meet the required standard of care 3. Specific liabilities such as for defamatory or obscene contentHARASSMENT AND DEFAMATIONSome examples of potential liability may include, but is not limited to, harassment, defamation, and otheronline nastiness. We, as institutions, have student codes of conduct and employee/faculty codes ofconduct. These apply to social media worlds. Harassment, defamation and other online nastiness doesn’trequire new rules (legal or policy issues), but instead now we can just engage in so much morecommunication there is more scope and potential for conflict (Cate, 2009).The UVU Student Rights and Responsibilities code can be found athttp://www.uvu.edu/policies/officialpolicy/policies/show/policyid/172 and include: • Free and open discussion, inquiry and expression, subject to constitutional limitations regarding time, place and manner • Freedom from a discriminatory and offensive environment that may cause emotional stress or a hostile or offensive campus environment directed toward another person. • Freedom from sexual harassment.8
  • 9. Go Ahead and Shoot MeWhen you are using public sites there are some interesting twists. The terms of use of a site may limitspeech more than the institution does or the first amendment does. The public site could actually removeparticipants for speech that institutions of higher education would or must permit (Cate, 2009).SYSTEM SPECIFIC POLCIESIn addition to federal and state laws, you have policies and guidelines that dictate how the technologiesthemselves can be used. These are what often offer a company or website the ability to reject or removecontent it sees as not fitting.YOUTUBE POLICIESAs an example we will consider Youtube policies, since many of our examples come from this website.Youtube permits anyone to post a video but also permits anyone to report a video that one feels may bein violation of the Youtube policies.Sex & NudityMost nudity is not allowed, particularly if it is in a sexual context. Generally if a video is intended to besexually provocative, it is less likely to be acceptable for YouTube. There are exceptions for someeducational, documentary, scientific, and artistic content, but only if that is the sole purpose of the videoand it is not gratuitously graphic. For example, a documentary on breast cancer would be appropriate, butposting clips out of context from the documentary might not be.Hate Speech"Hate speech" refers to content that promotes hatred against members of a protected group. Forinstance, racist or sexist content may be considered hate speech. Sometimes there is a fine line betweenwhat is and what is not considered hate speech. For instance, it is generally okay to criticize a nation, butnot okay to make insulting generalizations about people of a particular nationality.Shocking and DisgustingThe world is a dangerous place. Sometimes people do get hurt and it’s inevitable that these events maybe documented on YouTube. However, it’s not okay to post violent or gory content that’s primarilyintended to be shocking, sensational or disrespectful. If a video is particularly graphic or disturbing, itshould be balanced with additional context and information. For instance, including a clip from a slaughterhouse in a video on factory farming may be appropriate. However, stringing together unrelated andgruesome clips of animals being slaughtered in a video may be considered gratuitous if its purpose is toshock rather than illustrate.Dangerous Illegal ActsWhile it might not seem fair to say you can’t show something because of what viewers theoretically mightdo in response, we draw the line at content that’s intended to incite violence or encourage dangerous,illegal activities that have an inherent risk of serious physical harm or death. This means not postingvideos on things like instructional bomb making, ninja assassin training, sniper attacks, videos that trainterrorists, or tips on illegal street racing. Any depictions like these should be educational or documentaryand shouldn’t be designed to help or encourage others to imitate them.ChildrenVideos involving children (anyone under the age of 18) are particularly sensitive. Videos containingchildren should never be sexually suggestive or violent. Please be cautious when posting somethinginvolving a child. If you’re sharing a private moment or home movie, consider making it a private video sothat only your family and friends can see it.CopyrightWhen you create something original, you own the copyright for it. Likewise, when other people createcontent, they may have a copyright to it. As a creative community, it’s essential that everyone onYouTube respect the copyrights of others. If you’re not sure if something will violate someone’s copyright,9
  • 10. Go Ahead and Shoot Methe safest thing to do is to create something completely original, with images and audio you’ve created. Ifit’s all yours you never have to worry about copyright—you own it. If you’ve recorded something from aDVD, videotaped your TV screen, or downloaded a video online, don’t post it unless you have permission.PrivacyIf a video youve recorded features people who are readily identifiable and who havent consented tobeing filmed, theres a chance theyll file a privacy complaint seeking its removal. Well notify you if thathappens and give you a chance to edit and re-upload your video before we act on the complaint. If we doremove your video for privacy reasons, dont upload another version featuring the same people. Chancesare those people will file another privacy complaint or report you for harassment. Dont post other peoplespersonal information, including phone numbers, addresses, credit card numbers, and government IDs.Were serious about keeping our users safe and suspend accounts that violate peoples privacy.HarassmentIt comes down to respect. YouTube is all about sharing and interacting with the community in respectfulways. If youre not sure whether a video or comment youve made crosses the line, follow a simple rule ofthumb: if you wouldnt say it to someones face, dont say it on YouTube. And if youre looking to attack,harass, demean, or impersonate others, go elsewhere.ImpersonationImpersonating another user by copying someones exact channel layout, using a similar username, orposing as that person in comments, emails or videos is considered harassment. If you want to keep youraccount, stay away from participating in any form of impersonation or harassing activity on the site.ThreatsUsers shouldnt feel threatened when theyre on YouTube. Period. Dont leave threatening comments onother peoples videos.Source: http://www.youtube.com/t/community_guidelines RECORDING OF INDIVIDUALS WITHOUT THEIR CONSENTSo, what are the rules relating to recording of individuals without their consent and they are in a publicplace? Well, it depends what state you are in, and if you are including audio as well as video. The audiomay cause you bigger problems.VideoMost video recordings are legal with or without consent. There are very few laws that prohibit videorecording of any kind, but there are laws in some areas dealing with areas of expected privacy.Generally, it is perfectly legal to videotape or photograph any person and anything while on publicproperty, except: • You cannot take pictures of areas that are usually considered private such as bedrooms, bathrooms, changing rooms, locker rooms, hotel rooms and so on • Certain public places have banned the use of cameras such as mass transit systems, courthouses, capital buildings, secured government buildings, jails or prisons unless you obtain written permission • You cannot film or photograph if it interferes with police, fire, medical or emergency operationsThere are also restrictions on videotaping and photographing on private property:10
  • 11. Go Ahead and Shoot Me • If the private property is open to the public, such as retail stores, private stadiums or tourist areas, filming may be allowed unless there are signs posted that expressly forbid videotaping or photography • If the private property belongs to someone other than a commercial business, you had better get the property owners permissionSource: http://www.palmvid.com/content/support/legal-information-regarding-audio-and-video-recording.htmlSource: http://www.newmediarights.org/page/field_guide_audio_and_video_recordings#VideoSource: http://communications-media.lawyers.com/privacy-law/Photography-or-Video-Taping-Consent.htmlAudioMost audio recordings without consent of one or all parties are illegal.There are two types of defined recording situations for audio recording. They are usually referred to as""One Party Consent" and "Two Party Consent". "One Party Consent" means that only the person doing the recording has to give consent and does n not have to notify the other party or parties that the conversation is being recorded. "Two Party Consent" means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.Source: http://www.palmvid.com/content/support/legal-information-regarding-audio-and-video-recording.html (this site also has an unofficial list of which states are one party versus two party consent).In Utah we have one party consent as noted by the Reporters Committee for Freedom of the Press: An individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortious purpose in making the recording. Utah Code Ann. § 77-23a-4. Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Utah Code Ann. § 77-23a-3. Unlawful interception of communication, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony—except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor. Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000, depending on whether it is a first or subsequent offense, $100 per day of violation, or $10,000. Equitable or declarative relief is also available under the statute. Civil actions are governed by a two-year statute of limitations. Utah Code Ann. § 77-23a-11. Installing a hidden camera or audio recorder to tape a person in a “private place” without consent is a misdemeanor. Utah Code Ann. § 76-9-402. A “private place” is a place where one may reasonably expect to be safe from intrusion or surveillance. Utah Code Ann. §76-9-401.11
  • 12. Go Ahead and Shoot Me Source: http://www.rcfp.org/taping/states/utah.htmlView state by state summaries for Taping Phone Calls and In-Person Conversations in the 50 States andD.C. at http://www.rcfp.org/taping/states.htmlSee also Electronic Surveillance Laws athttp://www.ncsl.org/IssuesResearch/TelecommunicationsInformationTechnology/ElectronicSurveillanceLaws/tabid/13492/Default.aspx (this mostly has to do with interception of audio though -- wiretapping)Examples of issues regarding privacy versus rights to record:Police fight cellphone recordinghttp://www.boston.com/news/local/massachusetts/articles/2010/01/12/police_fight_cellphone_recordings RECENT CASES IN THE NEWSRUTGERS CLEMENTI CASE - INVASION OF PRIVACYA Rutgers University freshman posted a goodbye message on his Facebook page before jumping to hisdeath after his roommate secretly filmed him during a "sexual encounter" in his dorm room and posted itlive on the Internet.Two students, Dharun Ravi and Molly Wei, have been charged with two counts each of invasion ofprivacy after allegedly placing a camera in Clementis room and livestreaming the recording online onSept. 19, according to a written statement by New Jerseys Middlesex County Prosecutor Bruce Kaplan.Under New Jerseys invasion-of-privacy statutes, it is a fourth degree crime to collect or view imagesdepicting nudity or sexual contact involving another individual without that persons consent, and it is athird degree crime to transmit or distribute such images. The penalty for conviction of a third degreeoffense can include a prison term of up to five years.Source: http://abcnews.go.com/US/victim-secret-dorm-sex-tape-commits-suicide/story?id=11758716 OTHER ISSUES TO CONSIDERNO SINGLE OWNERIncreasingly on the Internet, information and resources are becoming shared resources were there are nosingle owners or authors of intellectual property. As Bruwelheide notes, “in today’s environment,ownership may be shared with several individuals or organizations as new technology encouragesdevelopment of multimedia products using a variety of formats and pieces which may involve multiplelayers of copyrighted materials” (1999).ABILITY TO REMOVE A VIDEO FROM THE PUBLICOnce a video or image has gone public, it is nearly impossible to remove all instances of that file basedon the rapid distribution, copying, and redistribution of files via the Internet. QUESTIONS TO ASK YOURSELFWho is responsible? • The system upon which the video is shared (website, twitter, web server, email) • The site if they are given a take down request (by whom)12
  • 13. Go Ahead and Shoot Me • The owner of the system used to post the images/video (consider public locations like libraries) • The person(s) posting the video o What if they were not the originator? • The originator(s) of the video o What if they shared it privately but those users then shared it publically? • The users of the site or systemWhat if there is not a single originator or distributer of the content?Does it matter when and where the video/image was posted?Does it matter who the original intended audience was?Does intent matter? SCENARIOSLet us consider a few scenarios where a video does not violate a distinct rule or policy but dances alongethical boundaries. Consider the following (real) situations:SCENARIO 1Student A is on ledge of building contemplating suicide, Students B & C record Student A while makingstatements such as "Jump, you can do it" and "His life is over anyway, he might as well jump". Student Ais eventually talked down from the ledge, which is also recorded. The full recording is posted publicallyono youtube by Student B and comments are permitted. Comments include "JUMP. YOU CAN DO IT!" aswell as things like "I think this was the lowest of the low, to film a suicidal person , than to be soinsensitive with he remarks made, I am sorry you guys are UVU students."What might make a difference in this situation?SCENARIO 2Student A is practicing karate moves outside on campus, Student B records student A and all backgroundverbal comments, some of which make fun of Student A. The full recording is posted publically onyoutube by Student B and comments are permitted. Comments say things like "dude, this was the singleymost amazing thing i have seen in my school career at uvu so far, and probably will see in my timeremaining. this kid is a thing of beauty haha. i wish my vids on my phone came out better, i have a little ofwhen the other was sparring with him lol"What might make a difference in this situation?SCENARIO 3Student A makes a video of Student B who is drunk and acting foolish and posts it online.What might make a difference in this situation?SCENARIO 4Student A posts a mockery video but uses the institution name in the title of the videoWhen might it cross a line?SCENARIO 513
  • 14. Go Ahead and Shoot MeStudent A posts a video that uses foul language, lewd gestures, and copyrighted music and uses theinstitution name in the title of the videoWhen might it cross a line?SCENARIO 6What if Student A makes a recording of Student B and then shares it with Student C. Student C thenshares the video publically.SCENARIO 7What if Student A shares a video of him or herself with Student B, intending it to be private. Student Bthen shares the video publically.14
  • 15. Go Ahead and Shoot Me REFERENCESAlbion, P. (2008, September). Social media in Teacher Education: Two Imperatives for Action. Computersin the Schools, 25(3/4), 181-198. Retrieved July 21, 2009, doi:10.1080/07380560802368173Brownlee, C. (2006, December 13). U.S. Safe Web Act of 2006. Privacy and Security Law Blog.Retreived November 4, 2009 from http://www.privsecblog.com/2006/12/articles/spam/us-safe-web-act-of-2006/Bruwelheide, J. H. (1999). Intellectual Property and Copyright: Protecting Educational Interests andManaging Changing Environments. Retrieved November 3, 2009 fromhttp://net.educause.edu/ir/library/html/edu9935/edu9935.htmlCate, B. (2009, January 22). The Law and Policy of Web 2.0: Much Old, Some New, Lots Borrowed, SoDont Be Blue. Educuase Learning Initative. Retrieved fromhttp://hosted.mediasite.com/mediasite/Viewer/?peid=98e83dc76b9749f3a08996bfb0f5904bCenter for Cognitive Liberty & Ethics (2009). Freedom of Thought & the First Amendment. RetrievedNovember 3, 2009 from http://www.cognitiveliberty.org/issues/first_amend_index.htmlConsortium for School Networking (CoSN), (2009, May 1). Leadership for Social media in Education:Promise and Reality. Retrieved July 22, 2009, from Consortium for School Networking (CoSN) AdvancingK-12 Technology Leadership Web site: http://www.CoSN.org/Portals/7/docs/Web%202.0/ExecSummaryCoSN%20Report042809Final.pdfDemski, J. (2009, April). Facebook Training Wheels. T H E Journal, 36(4), 24-28. Retrieved July 21,2009, from Academic Search Premier database.(2008). Global Network Initiative Principles. Retrieved fromhttp://www.globalnetworkinitiative.org/principles/index.php#18Copyright Clearance Center (2005). The TEACH act: New roles, rules and responsibilities for academicinstitutions. Retrieved November 3, 2009 from http://www.copyright.com/media/pdfs/CR-Teach-Act.pdfDirectorate for Science, Technology, and Industry Committee for Information, Computer andCommunications Policy (DSTI/ICCP). (2009, June 11). Working Party on Information Security and PrivacyThe Role of Digital Identity Management in the Internet Economy: A Primer for Policy Makers. Retrievedfrom http://www.oecd.org/dataoecd/55/48/43091476.pdfHigher Education Academy and the Joint Information Systems Committee (2009, March). HigherEducation in a Web 2.0 World. Retrieved October 21, 2009 fromhttp://www.jisc.ac.uk/media/documents/publications/heweb20rptv1.pdfJISC Legal (2008a, Sept 18). Web 2.0 and the law for HE policy makers. Retrieved fromhttp://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/Web2_HE_Policy_Makers.pdfJISC Legal (2008b, Sept 18). Web 2.0 and the law for information services. Retrieved fromhttp://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/Web2_Information_Services.pdf15
  • 16. Go Ahead and Shoot MeJISC Legal. (2008, September 18). Social media and the Law for HE Policy Makers. Retrieved from http://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/Web2_HE_Policy_Makers.pdfMarshall, J. (2009 , October 23). 20% of U.S. Adults use Twitter, Says Pew. Retrieved November 4,2009 from http://www.clickz.com/3635448Privireal, 2005, June 3. United States – Data Protection. Retrieved November 4, 2009 fromhttp://www.privireal.org/content/dp/usa.phpRight of Publicity (2009). Statutes. Retrieved November 3, 2009 from http://rightofpublicity.com/statutesStratford, J.S. & Stratford, J (1998, Fall). Data Protection and Privacy in the United States and Europe.IASSIST Quarterly. 22(1). Retrieved October 21, 2009 fromhttp://iassistdata.org/publications/iq/iq22/iqvol223stratford.pdfU.S. Department of Justice, Civil Rights Division. (2009, October 28). A Guide to Disabiilty Rights Laws.Retrieved October 31, 2009 from http://www.ada.gov/cguide.htm#anchor62335United States Copyright Office (2008). Copyright Office. Library of Congress. Retrieved November 3,2009 from http://www.copyright.gov/circs/circ1.pdf.Wikipedia, (2009a). Digital Millennium Copyright Act. Retrieved November 4, 2009 fromhttp://en.wikipedia.org/wiki/Digital_Millennium_Copyright_ActWikipedia, (2009b). World Intellectual Property Organization Copyright Treaty. Retrieved November 4,2009 from http://en.wikipedia.org/wiki/World_Intellectual_Property_Organization_Copyright_Treaty16