What you need to know to protect your children from the whirlwind of cyber bullying.

1. CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ
1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101
(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM
SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Our Schools Against
Cyber Crime

2. The Internet
is a wonderful place

3. The dark sideThe dark side
of the Internetof the Internet

6. The Suicide of Phoebe Prince
 Parents – “kids will be kids”
 School – No Policy; “kids will be kids”
 Law Enforcement – Vigorous Prosecution

7. Every time we engageEvery time we engage
with awith a
digital system wedigital system we
leave someleave some
trace of our activitiestrace of our activities

11. We can track you…We can track you…

12. We can track you…We can track you…

13. SEXTING

15. “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

19. “Sexting?”
 Penal Code Section 311.11 –
Possession of Child Pornography
 Penal Code Section 288.2 –
Sending Images of Minors

20. Meet Kacie WoodyMeet Kacie Woody
 typical 13 year old girltypical 13 year old girl
from Greenbrier,from Greenbrier,
ArkansasArkansas
 Honor studentHonor student
 a member of the schoola member of the school
bandband
 liked going onlineliked going online
 Kacie met 17 year oldKacie met 17 year old
Dave Fagan in aDave Fagan in a
Christian chat room forChristian chat room for
teens…..teens…..

21. Dave was friendly, cute,Dave was friendly, cute,
and played on his highand played on his high
school football team inschool football team in
California…California…
Kacie had no doubtsKacie had no doubts
about David’s identity…about David’s identity…
In reality, Kacie wasIn reality, Kacie was
really talking to 47 yearreally talking to 47 year
old cyber predator,old cyber predator,
David Fuller.David Fuller.

22. Kacie made the fatal mistake ofKacie made the fatal mistake of
sharing personal information.sharing personal information.
Fuller tracked Kacie all the wayFuller tracked Kacie all the way
from his home in San Diego tofrom his home in San Diego to
the small town in Arkansasthe small town in Arkansas
where she lived.where she lived.
Kacie went missing; the policeKacie went missing; the police
ultimately found her dead.ultimately found her dead.

23. 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

24. Geo taggingGeo tagging
What is it???

25. “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.

27. How does it work?
 Someone takes a photoSomeone takes a photo
 Photo is saved to their phone or is uploadedPhoto 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 orAnyone 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 informationProbably find a great deal of information
including where you live…including where you live…

31. 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

32. Cyberbullying Laws
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
 Penal Code 530.5(a) – Identity Theft
 No intent to defraud necessary
 For ANY unlawful purpose
 Each post is a separate Count

33. “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?”

34. 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”

35. 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.

36. 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).

37. 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

38. Resources
www.netsmartz.orgwww.netsmartz.org

39. CHRISTY & SANFORD HOROWITZCHRISTY & SANFORD HOROWITZ
1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101SANTA BARBARA, CA 93101
(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM
SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Our Schools Against
Cyber Crime