A presentation on the issue of sexting given at the National School Boards Association annual conference in San Francisco. This lecture is part of the launch for my new book, "Cybertraps for the Young."

1. There’s No Such Thing as Safe “Sext” How to Protect Your Kids and Your District from Cell Phone Misuse Frederick S. Lane National School Boards Association Annual Conference 4 April 2011 www.FrederickLane.com

2. Seminar Overview What Is Sexting? The Technology of Sexting The Scope of the Problem Why Do Kids Sext? The Legal Issues The Consequences Are Your Policies In Order? Prevention Through Education Age-Appropriate Curricula www.FrederickLane.com

3. Introduction Attorney, Educational Consultant & Lecturer www.FrederickLane.com

4. Introduction Attorney, Educational Consultant & Lecturer Author of 6 Books www.FrederickLane.com

5. Introduction Attorney, Educational Consultant & Lecturer Author of 6 Books Computer Forensics Expert www.FrederickLane.com

6. Introduction Attorney, Educational Consultant & Lecturer Author of 6 Books Computer Forensics Expert 10 Years -- Burlington (VT) School Board www.FrederickLane.com

7. Introduction Attorney, Educational Consultant & Lecturer Author of 6 Books Computer Forensics Expert 10 Years -- Burlington (VT) School Board Technology & Privacy Specialist www.FrederickLane.com

8. Introduction Attorney, Educational Consultant & Lecturer Author of 6 Books Computer Forensics Expert 10 Years -- Burlington (VT) School Board Technology & Privacy Specialist Student Safety Advocate www.FrederickLane.com

9. What Is “Sexting”? www.FrederickLane.com Spring 2008: Old Behavior, New Word No Precise Legal Definition of “Sext” Typically Covered by Federal and State Child Pornography Statutes General Definition: Sending Texts, Photos, or Videos of a Sexual Nature from One Cellphone to Another

10. The Technology of Sexting www.FrederickLane.com SMS – Short Message Service First used in 1992, became popular in 2005/2006 Messages generally limited to 160 characters MMS – Multimedia Messaging Service Introduced in 1998 Enables sending of photos and videos Camera Phones 1997: First publicly-shared photo via phone 2001: Phones introduced with video capability Internet Access 1999: Japan’s NTT DoCoMo introduces mobile Internet

11. The Scope of the Problem - I www.FrederickLane.com Teen Usage of Cellphones Is Rising: Ages 15-18: ~ 84% Ages 10-14: ~ 60% Ages 6-9: ~ 22% The Average Age of First Cellphone Use: < 10 Teens LOVE to Send Texts: Boys (13-17): 2,539 texts per month Girls (13-17): 4,050 texts per month Roughly 90% of cellphones have cameras

12. The Scope of the Problem - II www.FrederickLane.com National Campaign to Prevent Teen and Unplanned Pregnancy (2008): 20% of teens 13-19 said that they had sent/posted nude photos or videos 39% of teens said that they had sent/posted sexually explicit messages Pew Research Center’s Internet & American Life Project (2009) Just 4% of teens 12-17 reported sending nude photos or videos 15 % reported receiving such messages Anecdotal Evidence Suggest These Figures Are Low

13. Why Do Kids Sext? www.FrederickLane.com National Campaign to Prevent Teen and Unplanned Pregnancy (2008): 2/3 of those who sexted sent the content to a boyfriend or girlfriend; 15% of recipients said they forwarded the message to someone else 15% of those who sexted sent the content to someone they knew only online Pew Research Center’s Internet & American Life Project (2009) 82% sent a sext to get attention 67% sent a sext “to be cool” 60% sent a sext to be like the “popular girls” 55% sent a sext to solicit or further a relationship

14. Some Other Reasons It’s Fast and Easy www.FrederickLane.com

15. Some Other Reasons It’s Fast and Easy The Internet www.FrederickLane.com

16. Some Other Reasons It’s Fast and Easy The Internet Porn Chic www.FrederickLane.com

17. Some Other Reasons It’s Fast and Easy The Internet Porn Chic Celebrity Sexting www.FrederickLane.com

18. Some Other Reasons It’s Fast and Easy The Internet Porn Chic Celebrity Sexting Hormones www.FrederickLane.com

19. The Legal Issues A sexually explicit image of an individual under 18* is child pornography Children can be prosecuted for receipt, possession, and/or production There is risk for teachers and school administrators in handling these images Conviction generally results in jail time and registration as a sex offender States are considering “Romeo and Juliet exceptions. www.FrederickLane.com

20. Emotional and Social Impact Short-Term: Embarrassment Bullying, Harassment, Ostracization Sexual Blackmail (Sextortion) Long-Term: Depression and Mental Illness Self-Injury and/or Suicide www.FrederickLane.com

21. 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 various students – 7 schools involved Logan was harassed, taunted, and even physically assaulted because of the photographs In July 2008, Logan committed suicide www.FrederickLane.com

22. Consequences for Students School Sanctions: Violation of various school policies Removal from extracurriculars or school Negative impact on college admissions or jobs Civil Liability: Invasion of privacy (depending on state) Intentional Infliction of Emotional Distress Criminal Prosecution: Federal child pornography statutes (< 18) State child pornography statutes (varies) www.FrederickLane.com

23. Consequences for Districts Disruption of Educational Activities Civil Lawsuits: State anti-bullying statutes (varies) Failure to provide /maintain a safe environment Criminal Liability for Employees: Relationship-Based Crimes Possible investigation / seizure of computers and network Possession / Distribution of Child Pornography www.FrederickLane.com

24. Are Your Policies In Order? Acceptable Use Policies: Does It Describe and Limit Student Use of District Resources? Does It Stress the Importance of and Respect for Personal Privacy? Does It Specifically Describe and Prohibit Illegal Conduct? Anti-Harassment and Anti-Bullying: Does It Encompass Electronic Communications? Does It Encompass Off-Campus Behavior That Affects the Classroom? www.FrederickLane.com

25. Education: It’s What We Do Schedule Annual Information Sessions for Teachers, Parents, and Students Require Students and Parents to Read and Sign AUP and Anti-Bullying Policies Incorporate Sexting and Cyberbullying Into Professional Development for Teachers and Administrators Liaise With Student Resource Officers, Law Enforcement, and Legislators www.FrederickLane.com

26. Age-Appropriate Curricula Elementary School: The Limits of Sharing Personal Boundaries Middle School: Much More on Personal Boundaries Anti-Cyberbullying and Anti-Harassment Introduction to Criminal Consequences and Cyberethics High School: Much More on Criminal Consequences and Cyberethics Long-Term Consequences of Digital Stupidity www.FrederickLane.com

27. Additional Resources Cybertraps for the Young www.CybertrapsfortheYoung.com (beginning 1 August 2011) Download This Presentation: www.FrederickLane.com (http://goo.gl/tWIuX) www.SlideShare.com/FSL3 Contact Me: FSLane3@gmail.com / 802-318-4604 www.FrederickLane.com

28. There’s No Such Thing as Safe “Sext” How to Protect Your Kids and Your District from Cell Phone Misuse Frederick S. Lane National School Boards Association Annual Conference 4 April 2011 www.FrederickLane.com