This document outlines the lecture given by Frederick Lane on the professional perils of 24/7 electronic communication for educators. Lane discusses how technology has blurred boundaries between work and personal life for teachers. He highlights several troubling headlines involving inappropriate teacher-student relationships and cyberbullying. Lane also reviews precautions teachers and districts can take, such as careful use of social media, establishing clear policies, and preserving electronic evidence in cases of misconduct or litigation.
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2014-08-25 Cybertraps for Educators: The Professional Perils of 24/7 Communication
1. 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
2. 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
3. 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
Forensics
www.FrederickLane.com @Cybertraps
5. 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
7. Technology and Teaching
• Why IsYour 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
9. 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
10. 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
11. 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
12. Cyber Assaults on Students
• Cyberbullyng, Cyberharassment
& Cyberstalking
• Identity Theft
• Inappropriate Texts and Social
Media Posts
• Voyeurism and Invasion of
Privacy
• Solicitation, Sexting & Assault
www.FrederickLane.com @Cybertraps
13. Teacher Precautions
• THINK!!
• ChooseYour Friends Carefully
• Students Are NotYour Friends
• Be a Role Model for Good Online
Behavior
• Be an Advocate for Good District
Policies
www.FrederickLane.com @Cybertraps
14. 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 Repeat
www.FrederickLane.com @Cybertraps
15. 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
16. 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
17. 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
18. 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 Data
www.FrederickLane.com @Cybertraps
19. 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
20. 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
21. 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
22. 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
23. 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
Century
www.FrederickLane.com @Cybertraps
25. 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