Blog and Articles.

Draft EU Regulation for Artificial Intelligence Proposes Fines of up to 6% of Total Annual Turnover (client alert)

After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main provisions are the following: A binding regulation for AI Systems (defined below) that directly applies…

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Ninth Circuit’s Snap Decision Limits Section 230 Immunity

A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile apps, that immunity is not without limits. As a refresher, Section 230 provides that “[n]o provider or user of an interactive…

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Mahanoy Area School District v. B.L: When Can a School Discipline a Student for Online Speech?

Yesterday I had the opportunity to participate in a panel to discuss the pending Supreme Court case Mahanoy Area School District v. B.L. Other panelists were Dr. Eric Kasper, a Professor of Political Science who teaches constitutional law at the University of Wisconsin-Eau Claire and who directs the Menard Center for Constitutional Studies, and Darpana Sheth, Vice President of Litigation for the Foundation for Individual Rights in Education. The panel was moderated by Dr. Tim Shiell, a professor of Philosophy at the University of Wisconsin-Stout. We discussed the potential implications of the case for student rights when it comes to off-campus/online speech. Each of us began with opening remarks. Below are mine. What do you think: Under what circumstances can/should/must a school respond to online student speech? When 14-year-old Brandi Levy didn’t make the varsity cheerleading squad as a sophomore at Mahanoy Area High School, she was pissed. She did what a lot of adolescents do: she...

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Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer

The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic telephone dialing system (an “autodialer”) to call…

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Developing a Positive School Climate to Prevent Bullying and Cyberbullying

[Note: To download a .pdf version of this resource, just click on the image above.] Spanish Translation Available Here Much research has shown that a positive school climate contributes to a variety of behavioral, emotional, and academic outcomes that educators hope to achieve. Our research demonstrates that students who report a positive climate at school also experience fewer problematic behaviors online. Here’s what you can do to improve your climate and not only enhance student achievement, success, and productivity, but also teach youth to be safe, smart, honest, and responsible while using technology. 1. PROMOTE AWARENESS. School staff should dedicate time in the classroom and via assemblies to educating students about all forms of bullying in order to raise awareness of the risks, possible school-based and legal penalties, and the emotional, psychological, reputational, and even physical harm that can result. Students should realize that even if they are not bullying others,...

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A Teen’s View of Social Media in 2021

Hey everyone! Meet my friend Lucia – she is the perfect person to give you an updated perspective on how teens are using social media in 2021, based on her personal experiences and the observations she’s made among her peer group. I think she deeply understands the draw and attraction of particular apps, and has thought through some of the negative implications for user well-being and mental health. If you have any questions, please let me know and I’ll pass them on for Lucia to address in the Comments! ~Sameer Hi! My name is Lucia and I am currently a senior at a high school in South Florida. By just reading this you wouldn’t know that I wrote that sentence about an hour ago, before I took what I thought was going to be a “short” break on my phone. Social media is a portal that’s so easy to fall into when accessed. Whether we’re sending our friends memes on Instagram or posting our mouthwatering dinner on our Snapchat stories, social media connects each and every one of us in one...

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Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.

We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent enough – the whole point of social media is to be social and connect with others –…

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Deepfakes and Cyberbullying

Recently, a unique cyberbullying situation came to light involving a 50-year-old woman who targeted teenage girls in her Bucks County, Pennsylvania community last summer. The most interesting twist was not the vast age difference between the aggressor and the targets, but that fact that software was used to alter original images found online to make it seem like the other girls – who belonged to a cheerleading club her daughter previously attended – were nude, engaged in underage drinking, and/or using vaping products (prohibited by the gym). These were spread via harassing text messages from anonymous phone numbers unrecognizable to the girls, and also included a suggestion that one of the girls kill herself. The term “deepfake” (“deep learning + fake”) itself seemed to have originated on Reddit back in 2017 when a number of users began sharing their creations with each other. Generally speaking, it involves the use of artificial intelligence (AI) (rooted in machine learning...

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Snapchat Speech Could be Out-of-Bounds for School Discipline

B.L. was a promising cheerleader at Mahanoy Area High School in Mahanoy City, Pennsylvania. She had been involved in the sport since elementary school, and as a freshman participated on the junior varsity team. Going into her sophomore year, she was hoping to make the varsity squad. To her disappointment, she was once again placed on the JV team, overlooked in favor of a new freshman at the school. As any teen would be, she was very upset about this. And as many teens do, she expressed her frustration on social media. Specifically, she posted two messages to her Snapchat story, which included a photo of her and a friend raising their middle fingers with the caption “F*** school f*** softball f*** cheer F*** everything.” The school responded by kicking her off the team for a year for violating school and team rules which required cheerleaders to “have respect for [their] school, coaches, . . . [and] other cheerleaders”; avoid “foul language and inappropriate gestures”; and refrain...

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Cyberbullying Fact Sheet: Identification, Prevention, and Response

UPDATED for 2021! This detailed guide is a nine-page summary – filled with as much useful information as possible – to equip educators, parents, and other youth-serving adults to spot cyberbullying, respond to it appropriately and meaningfully, and to prevent its future occurrence among those they care for. If you only have time to read one fact sheet from the Cyberbullying Research Center to get up-to-speed about the problem and what you can do, read this one. Hinduja, S. & Patchin, J. W. (2021). Cyberbullying fact sheet: Identification, Prevention, and Response. Cyberbullying Research Center. Retrieved [insert date], from https://cyberbullying.org/Cyberbullying-Identification-Prevention-Response-2021.pdf Download PDF (NOTE: We have a much older version of this Cyberbullying fact sheet available here, in case you were looking for it or had linked to it from another site: https://cyberbullying.org/Cyberbullying-Identification-Prevention-Response.pdf) The post Cyberbullying Fact...

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Teen Sexting: Advice for Parents

(For a formatted .pdf version of this article for distribution, click here]). Sexting is when someone takes a naked or semi-naked (explicit) picture or video of themselves, usually using their phone, and sends it to someone else. Some teens participate in sexting voluntarily as a way to flirt or be intimate with a romantic partner, while others might be coerced or manipulated into sharing explicit images. Due to the varying nature of sexting incidents, care should be taken to address the behavior in a way that minimizes harm of the person depicted. Below are ten tips to help parents deal with sexting when it occurs. 1. GATHER INFORMATION. Your first task is to determine what happened. Did your child send an explicit image to someone else or receive one? If received, is the image of the sender, or someone else? If your child received an explicit image from the person depicted, instruct them to delete it immediately, and have them convey to the other person that must never send content...

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