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Protecting Our Schools Against Cyber Crime

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What you need to know to protect your children from the whirlwind of cyber bullying.

Published in: Law
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Protecting Our Schools Against Cyber Crime

  1. 1. CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ 1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101 (805) 452-7214(805) 452-7214 CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM Protecting Our Schools Against Cyber Crime
  2. 2. The Internet is a wonderful place
  3. 3. The dark sideThe dark side of the Internetof the Internet
  4. 4. The Suicide of Phoebe Prince  Parents – “kids will be kids”  School – No Policy; “kids will be kids”  Law Enforcement – Vigorous Prosecution
  5. 5. Every time we engageEvery time we engage with awith a digital system wedigital system we leave someleave some trace of our activitiestrace of our activities
  6. 6. We can track you…We can track you…
  7. 7. We can track you…We can track you…
  8. 8. SEXTING
  9. 9. “Sexting?” Sexting is the sharing of sexual images and texts through cell phones. Due to the widespread availability of mobile technology, the sky-high hormone levels of young people, and the difficulty that they can have understanding the consequences of their decisions, not-so-innocent text messages are being sent from cell phones
  10. 10. “Sexting?”  Penal Code Section 311.11 – Possession of Child Pornography  Penal Code Section 288.2 – Sending Images of Minors
  11. 11. Meet Kacie WoodyMeet Kacie Woody  typical 13 year old girltypical 13 year old girl from Greenbrier,from Greenbrier, ArkansasArkansas  Honor studentHonor student  a member of the schoola member of the school bandband  liked going onlineliked going online  Kacie met 17 year oldKacie met 17 year old Dave Fagan in aDave Fagan in a Christian chat room forChristian chat room for teens…..teens…..
  12. 12. Dave was friendly, cute,Dave was friendly, cute, and played on his highand played on his high school football team inschool football team in California…California… Kacie had no doubtsKacie had no doubts about David’s identity…about David’s identity… In reality, Kacie wasIn reality, Kacie was really talking to 47 yearreally talking to 47 year old cyber predator,old cyber predator, David Fuller.David Fuller.
  13. 13. Kacie made the fatal mistake ofKacie made the fatal mistake of sharing personal information.sharing personal information. Fuller tracked Kacie all the wayFuller tracked Kacie all the way from his home in San Diego tofrom his home in San Diego to the small town in Arkansasthe small town in Arkansas where she lived.where she lived. Kacie went missing; the policeKacie went missing; the police ultimately found her dead.ultimately found her dead.
  14. 14. Internet Impersonation  Penal Code § 528.5 – Internet Impersonation  …to knowingly and without consent credibly impersonate another person through or on an Internet Web site or by other electronic means with the intent to harm, intimidate, threaten or defraud another person
  15. 15. Geo taggingGeo tagging What is it???
  16. 16. “Geo-tagging” is the term given to the adding of geographical metadata to photos, videos, tweets, websites and other media. This ' metadata ‘ includes longitude and latitude, and other attributes of the photo location.
  17. 17. How does it work?  Someone takes a photoSomeone takes a photo  Photo is saved to their phone or is uploadedPhoto is saved to their phone or is uploaded to Facebook, Flickr or Picasato Facebook, Flickr or Picasa  Geo-data is embedded into the photoGeo-data is embedded into the photo  Anyone can search the Google orAnyone can search the Google or Flicker mapFlicker map  They can find other photos as wellThey can find other photos as well  Probably find a great deal of informationProbably find a great deal of information including where you live…including where you live…
  18. 18. Cyberbullying Laws  Penal Code § 653m – Sending Harassing Text Messages  Penal Code § 653.2 – Cyberbullying; Cyberharassment  Penal Code § 646.9(a) - Stalking  Penal Code § 422 – Criminal Threats
  19. 19. Cyberbullying Laws Penal Code § 528.5 – Internet Impersonation  …to knowingly and without consent credibly impersonate another person through or on an Internet Web site or by other electronic means with the intent to harm, intimidate, threaten or defraud another person  Penal Code 530.5(a) – Identity Theft  No intent to defraud necessary  For ANY unlawful purpose  Each post is a separate Count
  20. 20. “Sexting?”  Penal Code § 311.11 – Possession of Child Pornography  Knowingly possess a photo  Of a minor  Depicting “Sexual Conduct”  Penal Code § 288.2 – Sending Images of Minors  Knowingly send a photo  To a minor  Depicting “Sexual Conduct  With intent to arouse…  Sexual Conduct: …exhibition of the genitals or pubic or rectal area for purpose of sexual stimulation….what about “breasts?”
  21. 21. What can School Resource Officers do? “Can a police officer assigned as a school resource officer search a student’s cell phone while on school grounds just like a regular school employee can?”  Yes.  The standard is “Reasonableness” or “Reasonable Suspicion”
  22. 22. What can School Resource Officers do?  “A school official (teacher, administrator, principal, vice-principal, etc.) may conduct a search of a student’s person and/or personal property when it is “reasonable”….there must be reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating the law or rules of the school and the search must be reasonable in scope.” New Jersey v. TLO (1985) 469 U.S. 325.
  23. 23. What can School Resource Officers do?  Reasonableness, or “Reasonable Suspicion” not “Probable Cause.” The “reasonableness” standard for school officials applies to police officers working on school campuses in their capacity as school resource officers. In Re William V. (2003) 111 Cal.App.4th 1464.  A police officer assigned as a school resource officer is allowed to provide information to a school official, who is allowed to search on the “reasonableness” standard. And, the School Resource Officer is allowed to be present while the school official conducts the search. In Re K.S. 183 Cal.App.4th 72 (2010).
  24. 24. What can School Resource Officers do?  Education Code §§ 32261, 32262, 32265, 32270 and 48900  Search and Seizure – BP/AR 5145.12  Keep lines of communication open with parents and students  Encourage parents and victims to save the evidence  Educate yourself about the internet and internet safety  Be sensitive to changes in student’s behaviors – both on and offline…They may be victims of bullying – both in cyberspace and face to face
  25. 25. Resources www.netsmartz.orgwww.netsmartz.org
  26. 26. CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ 1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101 (805) 452-7214(805) 452-7214 CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM Protecting Our Schools Against Cyber Crime

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