2010-07-28 Can You See Me Now?

Can You See Me Now?
Frederick S. Lane
Catawba County School District
28 July 2010
The Growing Problem of ‘Sexting’
In the Public Schools
www.FrederickLane.com

Seminar Overview
• Introduction
• Technology & Students
• Cyberbullying & Sexting
• Emotional and Social Consequences
• Legal Consequences
• Warning Signs
• Prevention
• Materials Available at: http://bit.ly/cZJAW9

Introduction
• Attorney, Educational
Consultant & Lecturer

Introduction
• Author of 5 Books

Introduction
• Computer Forensics
Expert

Introduction
Expert
• Chair, Burlington (VT)
School Board

Introduction
Expert
• Chair, Burlington (VT)
School Board
• Student Safety &
Privacy Advocate

Communication
at the Speed of Light
• 1983 – 1st US mobile
call

Communication
call
• 1995 – Web explodes

Communication
call
• 1996 – Jennicam

Communication
call
• 2002 – 1st US camera
phone

Communication
call
phone
• 2006 – ½ of all cell
phones have cameras

Communication
call
phone
• 2006 – ½ of all cell
phones have cameras
• 2008 – 1.9 billion
camera phones

Kids & Cell Phones
• 2001 ~ An estimated 20% have cell phones
• 2001 ~ Cell phone companies discover the
teen market
• 2006 ~ 40% of teens have cell phones
• 2009, that figure doubled to 83%
• More than 50% of kids 8-12 own a phone
• Average age of cell phone ownership :
< 10

Amazingly Busy Fingers
• 2008 ~ 900 billion SMS text messages.
• Another 32 billion MMS messages were
sent, a 120% increase over 2007
• 2009 ~ An estimated 250 billion digital
photographs were taken with cell phones
• As phones and networks get more
powerful, number of MMS messages will
rise sharply.

Two Definitions
Cyberbullying
• A new twist on old
behavior ….

Two Definitions
Cyberbullying
• The use of the
Internet, cell phones,
or other devices to
send or post text or
images intended to
hurt or embarrass
another person

Two Definitions
Sexting
• An almost entirely
new behavior …

Two Definitions
Sexting
• “The act of sending
sexually explicit
photos, images, or
messages
electronically,
primarily by cell
phone or the Internet”

Culture & Sexting
• Television &
Movies
• The Internet
• Porn Chic

Culture & Sexting
• Television &
Movies
• The Internet
• Porn Chic
• Celebrity
Sexting
• Hormones

The Scope of the Sexting Problem
• Findings of a Fall 2008 study by the
National Campaign to Prevent Teen and
Unplanned Pregnancy:
– 20% of teens 13-19 have sent or posted a nude
photo or video
– 2/3 of those sent the content to a
boyfriend/girlfriend, 15% of whom forwarded it.
– 15% of teens sending nude photos/videos have
sent the content to people they only know
online

Sexting Study – April ‘09
• 30% of girls 9-15 have “sexted”
• Typical age to start sending “sexts” – 12
• Typical age to start receiving “sexts” – 10
• Reasons for sending a “sext” message?
– To get attention – 82%
– To be cool – 67%
– To be like the popular girls – 60%
– To find a boyfriend – 55%

Sexting Study – December ‘09
• PewInternet and American Life survey of teens 12-17:
• 4% of teens have sexted
• 15% of teens have received a nude or nearly nude
photo of someone they know via MMS
• Incidence of Receipt Rises with Age:
– 4% of 12-year-olds
• No statistically significant gender difference
• Significant concern about underreporting

WAY Beyond “Kiss and Tell”
• Three Most Common “Sext” Scenarios:
1. Romantic Couple Exchanges Sexts
2. Sext Messages Are Initially Private, but
Are Redistributed by One Individual to
Boast, for Revenge, etc.
3. Individual Solicits Sext as a Prelude to a
Relationship, or As An Offer For One
• No Such Thing As “Casual” or “Safe
Sexts”

When Sharing Circles Go Bad
World Wide Web
Email / MMS / Social Networking
Camera phone

Endless Distribution Options
Facebook YouTube Flickr
MySpace MetaCafe MobileMe
MyYearbook Zude Hi5
Vimeo Bebo Friendster
Orkut PerfSpot Yahoo
Tagged Vox Xanga
Virb MocoSpace Stickam
Twitter Netlog (mostly Europe) Buzznet
TagWorld HoverSpot GaiaOnline

Prevention and Education
• Clear School District Policies
– Acceptable Use Policies
– Anti-Harassment and Anti-Cyberbullying
• Student & Parent Education
– Personal Privacy Curriculum
• Staff Training
• Law Enforcement & Legislative
Outreach

Detection and Response
• Be Aware of What’s Going on in Schools
• Notify Parents
• Interview Faculty, Staff & Students
• Isolate & Lock Down Evidence
• Get Legal / Law Enforcement Help ASAP
• Follow Established Disciplinary
Procedures
• Use as a Teachable Moment

Emotional & Social
Consequences
• Short Term:
– Sexual Blackmail
– Bullying, Harassment, & Ostracization
– Embarrassment
• Long Term:
– Depression & Mental Illness
– Loss of Scholarships, Admissions, Jobs
– Self-Injury & 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
hundreds of students
• Logan was harassed,
taunted, and even
physically assaulted
because of the
photographs
• In July 2008, Logan
committed suicide

Student Legal Consequences
• School Sanctions:
– Violation of various school policies
– Removal from extra-curriculars or school
• Civil Liability:
– Intentional Infliction of Emotional Distress
– Invasion of privacy (depending on state)
• Criminal Prosecution:
– Federal child pornography statutes (< 18)
– State child pornography statutes (varies)

Relevant Child Pornography Laws
• Federal Law:
– 18 U.S.C. § 2252A – Elements of Crime & Penalties
– 18 U.S.C. § 2256 – Definitions
– Jail time can range from 5 to 20 years
• North Carolina Law:
– N.C. GEN. STAT. § 14-190.16. First degree sexual
exploitation of a minor (pecuniary gain)
– N.C. GEN. STAT. § 14-190.17. First degree sexual
exploitation of a minor (no pecuniary gain)
– N.C. GEN. STAT. § 14-190.17A. Third degree sexual
exploitation of a minor (possession)

District Legal Consequences
• Disruption of Educational Activities:
– Possible investigation / seizure of network
• Criminal Liability for Employees:
– Relationship-Based Crimes
– Possession / Distribution of Child Pornography
• Civil Lawsuits
– Failure to provide /maintain a safe environment
– State child pornography statutes (varies)

Changing Legal Landscape
• Vermont, 2009
– Gives prosecutors discretion in handling sexting
cases involving 13-17 year olds
• North Carolina, 2009
– Adopts law making cyberbullying a misdemeanor
• A Few Other States Considering Similar
Measures
• Miller v. Mitchell (3rd Cir. Mar. 17, 2010)
– Tunkhannock, PA sexting case
• Massachusetts, 2010
– “An Act Relative to Bullying in Schools”
– Response to the suicides of two Mass. students

Additional Resources
• CommonSenseMedia.org
• WiredSafety.org
• FBI “A Parent’s Guide to Internet Safety” --
http://www.fbi.gov/publications/pguide/pg
uidee.htm
• iKeepSafe.org
• iSafe.org

Materials and Feedback
• You Can Download a PDF of the Slides at:
http://bit.ly/cZJAW9
• Please take a couple of minutes and fill out
my online feedback survey at:
– AM: http://bit.ly/anSv7e
– PM: http://bit.ly/diEWOW
– Parents: http://bit.ly/dqYxMJ

2010-07-28 Can You See Me Now?

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2010-07-28 Can You See Me Now?