protecting our schools against cyber crime
TRANSCRIPT
CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ1032 SANTA BARBARA STREET 1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101(805) 452-7214(805) 452-7214
[email protected]@HOROWITZFORLAW.COM [email protected]@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Our Schools Against Cyber Crime
The Internet is a wonderful place
The dark side The dark side of the Internetof the Internet
The Suicide of Phoebe Prince
Parents – “kids will be kids”
School – No Policy; “kids will be kids”
Law Enforcement – Vigorous Prosecution
Every time we engage Every time we engage with awith a
digital system we digital system we leave someleave some
trace of our activitiestrace of our activities
We can track you…We can track you…
We can track you…We can track you…
SEXTING
“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
“Sexting?”
Penal Code Section 311.11 – Possession of Child Pornography
Penal Code Section 288.2 – Sending Images of Minors
Meet Kacie WoodyMeet Kacie Woody
typical 13 year old girl typical 13 year old girl from Greenbrier, from Greenbrier, Arkansas Arkansas
Honor studentHonor student a member of the school a member of the school
band band liked going onlineliked going online Kacie met 17 year old Kacie met 17 year old
Dave Fagan in a Dave Fagan in a Christian chat room for Christian chat room for teens…..teens…..
Dave was friendly, cute, Dave was friendly, cute, and played on his high and played on his high school football team in school football team in California…California…
Kacie had no doubts Kacie had no doubts about David’s identity…about David’s identity…
In reality, Kacie was In reality, Kacie was really talking to 47 year really talking to 47 year old cyber predator, old cyber predator, David Fuller. David Fuller.
Kacie made the fatal mistake of Kacie made the fatal mistake of sharing personal information. sharing personal information.
Fuller tracked Kacie all the way Fuller tracked Kacie all the way from his home in San Diego to from his home in San Diego to the small town in Arkansas the small town in Arkansas where she lived. where she lived.
Kacie went missing; the police Kacie went missing; the police ultimately found her dead. ultimately found her dead.
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
Geo taggingGeo taggingWhat is it???
“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.
How does it work? Someone takes a photoSomeone takes a photo Photo is saved to their phone or is uploaded Photo 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 or Anyone 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 information Probably find a great deal of information
including where you live…including where you live…
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
Cyberbullying LawsPenal 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
“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?”
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”
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.
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).
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
Resources
www.netsmartz.orgwww.netsmartz.org
CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ1032 SANTA BARBARA STREET 1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101(805) 452-7214(805) 452-7214
[email protected]@HOROWITZFORLAW.COM [email protected]@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Our Schools Against Cyber Crime