Social Media: Legal Pitfalls and Best Practices - TASA Midwinter 2016
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Transcript of Social Media: Legal Pitfalls and Best Practices - TASA Midwinter 2016
Presented by Diana Benner
#TASA16
Director of Professional Development
Texas Computer Education Association
@diben
DIANA BENNER
http://dbenner.org
About Me
#TASA16
What are some social media trends
in education today?
What are some strategies to best
implement social media in your district?
What are some legal pitfalls
related to social media?
Today...
#TASA16
#TASA16
What do you think of when
you hear the word . . .
Social Media?#TASA16
Social media refers to online tools and services
which allow an exchange of ideas, information,
videos, pictures, and graphics — just about
anything you can name.
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Social Media is Everywhere...
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…and It’s Impact is Powerful (and scary)
• 88% of teens have seen someone be mean to another person on a social
networking site
• 41% of teens have had a negative experience as a result of using a social
networking site
• 39% of teens and tweens think their online activity is private from everyone,
including parents
• 67% of teenagers say they know how to hide what they’re doing online from
their parents
• Among 9-17 year olds, more time is spent on social networks than on TV
• For young users, Instagram is one of the most important social networks
9Source: http://www.guardchild.com/social-media-statistics-2/ #TASA16
• Bookmarking Sites and Social News Sites (Delicious, Digg)
• Blogs and Microblogs (Twitter, Tumblr)
• Social Networking Sites (Google+, Facebook)
• Shopping Sites (Amazon)
• Multimedia Sharing (YouTube, Flickr, Instragram)
• Virtual Worlds (Second Life)
Types of Social Media
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Organizations Individuals
Who’s on Social Media?
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What
are you seeing
Discussion
Share on Today’s Meet
http://todaysmeet.com/tasa16
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If no problems have
arisen in your district,
consider yourself lucky.
There’s a growing trend
of social media problems,
lawsuits, and media
frenzy.
District Considerations
• Compliance with Privacy Laws
• Compliance with CIPA
• Accessing Student and Staff Personal
Accounts
• Social Media Monitoring of Students and Staff
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Pitfalls at a Glance
Source: https://goo.gl/1RgbD6 #TASA16
#TASA16
Federal Law• Family Educational Rights and Privacy Act (FERPA)
– Governs use and dissemination of student education records and personallyidentifiable information
• Protection of Pupil Rights Amendment (PPRA)– Provides parents certain rights regarding conduct of surveys and collection and use
of student information for marketing purposes
– Requires notice and opt out
• Children’s Online Privacy Protection Act (COPPA)– Governs online collection of personal information from children under 13
– Requires parental consent and opt out
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Children’s Internet Protection Act• Districts must certify compliance with CIPA when
applying for E-Rate funding
• Requires development and enforcement of an Internet
Safety Policy
• CIPA - https://goo.gl/6lSQbV
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CIPA RequirementsInternet Safety Policy must provide for (among other things):
• Monitoring the online activities of minors
• Implementing technology protection measures that protect
against access by adults and minors to visual depictions that are
obscene, child pornography or, with respect to use of computers
with Internet access by minors, harmful to minors (i.e., block or
filter access)
• Educating minors about appropriate online behavior, including
interacting with other individuals on social networking websites
and in chat rooms, cyberbullying awareness, and response
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CIPA Best Practices
• Encourage use of separate District/professional accounts
• Appoint administrator to join groups (e.g., Like, Follow), or
otherwise monitor
• Train employees on proper use
– Cyberbullying
– Appropriate content
• Inform parents about social media use and accounts
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https://goo.gl/K9Kz2O
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http://goo.gl/IFH8fR
Eanes ISD Digital Parenting 101
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Reasonable SuspicionIn general, when a school has a reasonable suspicion that a
student has broken the law or school rules, it has the right to
search a student’s personal belongings on school grounds.
Unfortunately, there is no clear definition
of what constitutes “reasonable suspicion,”
so school officials should tread carefully
before searching a student’s personal
digital devices and social media accounts.
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Don’t Violate Constitutional Rights
Avoid requesting access to, or otherwise
attempting to control, students’ or
employees’ personal accounts.
Do not search students’ cell phones
without reasonable suspicion.
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It Could Be Costly
• In 2010, a Pennsylvania school district paid $33,000 to
settle a case in which a high school student’s cell phone
was confiscated and unconstitutionally searched.
• A Minnesota school district paid $70,000
in 2014 to settle a federal lawsuit in which
the school district threatened a sixth grade
student until she gave her school access
to her personal e-mail and social media
accounts.
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Laws that Regulate
• These incidents and others have inspired more than 20
states (http://goo.gl/4mWHaP) to enact laws that regulate
when an employer or school may request access to the
personal digital accounts of
students or staff.
• Texas doesn’t have one yet
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Legal ResponsibilityEngaging social media monitoring companies may signal to
the judicial system that a school district is willing to be held
legally responsible for the personal digital content posted by
their students and staff.
School districts must realize that with
access and knowledge comes legal
and financial responsibility.
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Source: http://youtu.be/JJfw3xt4emY
Digital Dirt
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What
does this video suggest?
Discussion
Share on Today’s Meet
http://todaysmeet.com/tasa16
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Why Use Social Media?
It’s a part of their daily lives.
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Why Use Social Media?
It reaches a different audience than the school flyer crowd.
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Why Use Social Media?
It’s instant.
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Why Use Social Media?
Parents are
using it.
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Why Use Social Media?
To teach about digital citizenship
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Why Use Social Media?
To Reach a Global Community
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Discussion
How do we approach
educating staff and students when . . .
ONE wrong social media post
can ruin their lives for good?
Share on Today’s Meet
http://todaysmeet.com/tasa16
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Edutopia has a nice 7-step
outline on how to develop
social media guide guidelines
appropriate for K-12.
Source: http://goo.gl/4Yn236
Social Media Guidelines http://goo.gl/4Yn236
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Source: http://goo.gl/VeINN0
TASB on School
District Employees
& Electronic Media
https://goo.gl/VelNN0
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TASB offers guidance about policies and
other regulation of employees' use of social
media tools.
District Technology Resources
https://goo.gl/otz1Sj
Hiring In The Age Of Social Media
https://goo.gl/D9CZTC
TASB Resources
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Teens need to be made
more aware of privacy and
security issues.
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Allows you to quickly access privacy settings on popular social media sites. View your Facebook and Google+ as stranger.
http://adjustyourprivacy.com/
Adjust Your Privacy
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Training employees on these rules,
and training administration
on how to implement them,
is also a crucial step.
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1. Separate work from personal by having
completely separate account.
2. Post/behave as though NOTHING is private.
3. Review each site’s privacy settings regularly.
4. Develop a social media policy.
5. Reference expectations in a Handbook.
Social Media Best Practices
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Social Media Policy Database
provides access to policies
from a wide variety of
organizations.
Social Media Policy Database
http://goo.gl/zUxw7i
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What does your district’s
Social Media
look like?
Discussion
Share on Today’s Meet
http://todaysmeet.com/tasa16
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#TASA16
Read the full story at
http://goo.gl/ZkKaXa
Missouri family learns their Christmas
card photo was lifted from the web
and used by a Czech Republic
grocery store delivery service as an
ad on a van. They only discovered it
because some of their friends happen
to be visiting Prague at the time and
saw the van.
Where might your photos end up?
…and for what purpose?
American family's web photo ends up as Czech advertisement
It’s a Digital World
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Interesting article by District
Administrator magazine
highlighting the difficulty in
dealing with social media.
http://goo.gl/NL81rx
Social Media Guidelines for
School Administrators
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Non-profit site based in
California with a mission to
inform individuals as to how to
protect their privacy.
Fact Sheet 35 focuses on Social
Networking Privacy.
http://goo.gl/VN1uyH
Social Media Fact Sheet
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#smedu social media in education
#smmanners social media manners
#smchat chat exploring social media
#smm social media marketing
#DLDay digital learning day
#digcit digital citizenship
Twitter Resources
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Source: My good friend Paul Wood, Director of Technology, Bishop Dunne #TASA16
Questions#TASA16
This Presentation
http://dbenner.org
This work is licensed by Diana Benner under a Creative
Commons Attribution-NonCommercial 4.0 International License.
Leave me a Comment
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Resources used for the presentation are located at http://dbenner.org
Thank
You!
