Internet Law and Safety

By Gerry Chudleigh

Office of General Counsel

1. Statement of Ownership

– Two Samples

2. COPPA Statement

3. Image Release Form

Available at

– www.puconline.org• Communication department

– Internet Law and Safety

1. Ownership Statement

–What it does:

• Copyright Ownership

• Trademark Ownership

–“Seventh-day Adventist” “Adventist” “SDA”

• Liability Disclaimer

• Samples Provided

2. COPPA Statement

• Children’s Online Privacy Protection Act

• Post Statement

• Get Permission From Parents Before Gathering Information from Children.

• Delete Information If Requested

• Does not Prohibit Anything (with approval).

Why COPPA?

• FAQ 17. Are websites operated by nonprofit entities subject to the Rule?

• COPPA and the Rule expressly state that they apply to commercial websites and not to nonprofit entities….”

So Why COPPA?

• It is the Right Thing To Do

• In Civil Trial, Jury may decide COPPA is Standard and Customary and may hold church or school liable for damages.

3. Image Release Form

• If using person as Model.

• If using photo as Design Element.

• Not necessary for News Photo

• See “Photo Permissions not Usually Necessary” at http://communication.puconline.org

AP Privacy Rules

• Do Not Intrude in Private Space.

• Do Not Publish Private Info Without Permission.

• Do Not present Subject in False Light.

• Do Not Appropriate for Commercial Purpose

Protecting Children Online

• Web 1.0 – One Way Communication

• Web 2.0 – User Creates Content– eBay (precursor)– FaceBook, MySpace, etc.– Blogs– Bulletin Boards

The Danger

• Children and Teens post contact information.

• Predators contact Children and Teens.

• Conversation Skips from Interactive Site to:– E-mail– IM– Cell Phone

Online 2.0 Safety Rules

• Monitor interactive sites daily/hourly

• Never use full real name

• Never give ANY contact information

• Do not post attractive/seductive photos

• (Does not apply to news sites, which are dead ends.)

The Myth of Millions of Missing Kids

• “The Consumer Electronics Association of America says that the average American home now has 26 different electronic devices for communication and media. Kids are plugged in all the time

• “…A child goes missing every 40 seconds in the U.S, over 2,100 per day” (OJJDP)

• In 2005 662,196 children were reported lost, runaway, or kidnapped (ncmec)

• 2/3 of all missing children reports were for youths aged 15-17 (ncmec)

• 2/5 missing children ages 15-17 are abducted due to Internet activity (ICAC)

• Do the math--over 2 million teens age 15-17 are abducted due to Internet activity

WE MUST PROTECT CHILDREN!”

If That Were True…

• 7.5 Million kids abducted annually

• 5 million 15-17 year olds abducted

• 2 million 15-17 year olds abducted due to internet exposure.

• 2.5 million under 15 abducted annually.

• 1/3 of all teens abducted annually

• 2 percent of population abducted annually.

NISMART

• “National Incidence Study of Missing, Abducted, Runaway and Throw-away Children.”

• From United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention

• See puconline.org/communication

Definition of Missing

• Whereabouts unknown to caretaker

• Concerned for 1 hour or more

• Caretaker tried to find child

• May or may not be reported to police

Actual Numbers

• Missing – 1,315,600• (Reported to Police – 797,500)• Runaway/Throwaway – 628,600• Benign Explanation – 374,700• Lost or Injured – 198,300• Family Abduction – 117,200• Non-family Abduction – 33,000• Stereotypical Kidnapping -- 115

Total “Missing”

• "The total number of children who were missing from their caretakers in 1999, including children who were reported missing and those who were not, is estimated to be 1,315,600." (page 5)

Nearly All Returned

• "Nearly all of the caretaker missing children (1,312,800 or 99.8 percent) were returned home alive or located by the time the study data were collected. Only a fraction of a percent (0.2 percent or 2,500) of all caretaker missing children had not returned home or been located, and the vast majority of these were runaways from institutions who had been identified through the Juvenile Facilities Study." (page 6)

• “…nearly half (48 percent) were missing because of a runaway/throwaway episode. More than one-fourth (28 percent) became missing as a result of benign explanation circumstances (miscommunications or misunderstandings between child and caretaker). Children who were missing because they became lost or injured accounted for 15 percent of all caretaker missing children. Less than one-tenth (9 percent) of caretaker missing children were abducted by family members, and only 3 percent were abducted by nonfamily perpetrators." (6)

• “Stereotypical kidnappings are the particular type of nonfamily abduction that receives the most media attention and involves a stranger or slight acquaintance who detains the child overnight, transports the child at least 50 miles, holds the child for ransom, abducts the childwith intent to keep the child permanently, or kills the child. They represent an extremely small portion of all missing children. (The Law Enforcement Study found that an estimated 115 of the nonfamily abducted children were victims of stereotypical kidnappings and that 90 of these qualified as reported missing." (p. 7)

• "The possibility that stereotypical kidnappings have declined is supported by declining rates of juvenile-victim homicides and of sexual and aggravated assaults in the 1990s. Such crimes include instances of and provide the context for many kidnappings by strangers. However, the current data, given their limitations, cannot be used to confirm this possibility." (Nonfamily Abducted Children, p.12)

Summary

• About 115 minors are abducted annually.

• The government reports say nothing about internet involvement.

Written Privacy Policy

• Discuss with Parents

• Dispel Fears --

• Value of Publicity

• How Photos and Information are used and not used.

• Provide Opt Out Procedures

Policy Suggestions

• Photos, names, story published for news -- achievements, interesting events.

• Full names and photos not routinely published apart from news.

• Contact information never published.

• Parents may opt out.

More Info

• http://communication.puconline.org/

• http://www.netsmartz.org/

• www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html

• www.coppa.org