2014-08-27 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
Yakutat School District
Yakutat, AK
27 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
Yakutat School District
Yakutat, AK
27 August 2014