2014-08-25 cybertraps for educators: the professional perils of 24/7 communication

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Cybertraps for Educators The Professional Perils of 24/7 Electronic Communication Frederick S. Lane www.FrederickLane.com @Cybertraps Cordova School District Cordova, AK 25 August 2014

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Cybertraps for Educators

The Professional Perils of

24/7 Electronic Communication

Frederick S. Lane

www.FrederickLane.com @Cybertraps

Cordova School District

Cordova, AK

25 August 2014

Background and Expertise• Father/Step-Father of 4

Boys

• Attorney and Author of 7

Books

• Impact of Technology on

Law, Society & Privacy

• Computer Forensics

Expert -- 15 years

• Numerous Lectures on

Cybertraps around U.S.

• 10 yrs on Burlington VT

School Board

www.FrederickLane.com @Cybertraps

Lecture Overview

• Headache-Inducing Headlines

• Technology and Teaching

• The Death of Privacy

• Workplace Cybertraps

• Cyber Assaults on Teachers

• Cyber Assaults on Students

• Precautions, Litigation, and Forensicswww.FrederickLane.com @Cybertraps

Technology and Kids

Headache-Inducing Headlines

• “Parents Sue School District After Their 13-Year-Old's Suicide Following Sexting Bullying” – Hillsborough Cty., Florida

• “Parents sue Lockhart school district after teacher charged with sexual assault” –Lockhart, TX

• “School Cyberbullying Victims Fight Back In Lawsuits” – WV, PA, GA

• “School Employees Sue Cyberbullying Students” – TX, PA

• “Married 'teacher of the year' arrested after 'having sex' with 17-year-old student” – ND, etc.

www.FrederickLane.com @Cybertraps

A Tangled Mobile Web

www.FrederickLane.com @Cybertraps

Technology and Teaching

• Why Is Your Teacher Calling?

• Anywhere, Any Time Communication

• The Cloud Has No Boundaries

• It’s a Generational Thing

• The Creeping Leprosy of Good Intentions

www.FrederickLane.com @Cybertraps

Too Much Information?

The Death of Privacy• Are Teachers Entitled to a Private

Life?

• Opinions and Commentary

• Perils of Social Media

• Sexually Explicit Photos and Risque 2nd Jobs

• Past or Current Adult Industry Work

• Prostitution

www.FrederickLane.com @Cybertraps

Workplace Cybertraps

• Cyberloafing / Productivity

• Inappropriate or Hostile Communications

• Hostile Work Environments

• Illegal Online Activity (Particuarly Child Pornography)

• Mishandling of Student Sexts

www.FrederickLane.com @Cybertraps

Cyber Assaults on Teachers

• Online Reports of Bad Behavior

• Hacking and Computer Trespass

• Cyberbullyng, Cyberharassment& Cyberstalking

• Cyberbaiting & “YouTubing”

• Impersonation and Identity Theft

www.FrederickLane.com @Cybertraps

Cyber Assaults on Students

• Cyberbullyng, Cyberharassment& Cyberstalking

• Identity Theft

• Inappropriate Texts and Social Media Posts

• Voyeurism and Invasion of Privacy

• Solicitation, Sexting & Assaultwww.FrederickLane.com @Cybertraps

Teacher Precautions

• THINK!!

• Choose Your Friends Carefully

• Students Are Not Your Friends

• Be a Role Model for Good Online Behavior

• Be an Advocate for Good District Policies

www.FrederickLane.com @Cybertraps

District Precautions

• Plan Ahead

• Good Policies and Clear Procedures

• Educate the Entire Community About These Issues

• Network with Unions, Law Enforcement, and Legislatures

• Rinse and Repeatwww.FrederickLane.com @Cybertraps

Risks for Admins. & Teachers

• Good Intentions, Bad Outcome

• “Sherlock Holmes” Syndrome

• Forwarding Content for Advice

• The Cover-Up Is Always Worse

• Trying to Protect Colleagues and Friends

• Desire to Protect District by Handling In-House

• “Delete” Is a Myth

www.FrederickLane.com @Cybertraps

A Cautionary Tale• Ting-Yi Oei, now 64

• Assistant Principal at

Freedom HS in So. Riding,

VA (Loudoun County)

• Told to investigate rumors

of sexting at HS

• “Inappropriate” image

was forwarded to Oei’s

cellphone, then computer

• Charged with “failure to

report,” then contributing

to delinquency of a minor

• Charges ultimately

dismissed

www.FrederickLane.com @Cybertraps

Pre-Incident Preparation• Policies and Procedures

• District Decisions re Access, Services, Storage

• AUPs for Staff and Students

• Data Handling and Response Protocols

• Professional Development for Teachers and Staff

• Typically First Responders

• Potential Legal Risks

• Technology Is Continually Changing

• Student Education

• Critical Component of K-12 Curricula

www.FrederickLane.com @Cybertraps

E-Evidence Is Everywhere• Inventory Possible Devices

• Computers (Desktops, Laptops, Servers)

• Mobile Devices (Phones, Tablets)

• Peripherals (USBs, CDs, external drives, etc.)

• Inventory Possible Types of Data• Communication (E-Mail, IMs, Texts, etc.)

• Social Media (Facebook, Twitter, etc.)

• Web Activity (URLs, cookies, bookmarks, etc.)

• Network Logs and Access Data

• Cloud Storage (Dropbox, Flickr, Boxy, etc.)

• Deleted Datawww.FrederickLane.com @Cybertraps

Whose Data Is It Anyway?• Where Did the Incident Occur?

• On-Campus vs. Off-Campus

• Zone of District Responsibility Is Growing

• Who Owns and Uses the Device?• Misconduct Using School-Owned Equipment

• Misconduct Using Privately-Owned Equipment

• Who Runs the Service?• Evidence Hosted by District

• Evidence Created by Teachers/Students

• Evidence Hosted by 3rd Parties

www.FrederickLane.com @Cybertraps

Response to Civil Litigation• Preservation of Potentially

Relevant Evidence• Adherence to Established Policies for

Handling Data

• Notice of Litigation or Reasonable Anticipation of Litigation

• Discovery Requests• Privacy Concerns

• Burdensomeness of Requests

• Production of Data Held by 3rd Parties

www.FrederickLane.com @Cybertraps

Response to Criminal Activity

• Anticipate Prosecution and/or Disciplinary Proceedings

• Adherence to Policy/Process Is Critical

• Involve Law Enforcement ASAP

• Protect and Preserve Data

• Restrict Access to Potentially Relevant Data

• Hire a Computer Forensics Expert?

• Some Evidence Is Radioactive

www.FrederickLane.com @Cybertraps

Computer Forensics 101• Field Previews

• Acquisition & Mirror Images

• Some Data Are More Fragile Than Others

• Speed Is Of the Essence

• Powerful Forensics Tools

• Data Recovery and Analysis

• IP Addresses Link to Real World

• 4th Amendment and Privacy Concerns

www.FrederickLane.com @Cybertraps

Cyberethics for Educators• Pre-Certification Training

• Standards of Electronic Behavior and Teacher-Student Interaction

• Promoting Sound Decision-Making Online and Off

• Modeling Cyberethical Behavior for Students

• Educating Cyber Citizens for 21st

Centurywww.FrederickLane.com @Cybertraps

Contact Information• E-Mail:

[email protected]

• Telephone:

• 802-318-4604

• Twitter

• @Cybertraps, @FSL3

• LinkedIn:

• www.linkedin.com/in/fredericklane/

• SlideShare.net

• www.slideshare.net/FSL3www.FrederickLane.com Cybertraps.wordpress.com

Cybertraps for Educators

The Professional Perils of

24/7 Electronic Communication

Frederick S. Lane

www.FrederickLane.com @Cybertraps

Cordova School District

Cordova, AK

25 August 2014