ISOL633 Cumberlands Children Internet protection Act Case study Paper Find Attachment of Ch:5 write a Case study for CIPA (Children Internet protection Act

ISOL633 Cumberlands Children Internet protection Act Case study Paper Find Attachment of Ch:5 write a Case study for CIPA (Children Internet protection Act) APA citation format Research Paper At list 15 Page Need PPT Related to Research Paper Plagiarism Should be Below 10% 20 Reference at least must needed Point Should be Included in 15 Page : Introduction Back Ground Advantage Disadvantage Implication Conclusion LEARNING OBJECTIVES
•DESCRIBE LAWS THAT PROTECT CHILDREN ON THE
INTERNET AND LAWS THAT PROTECT INFORMATION
OF CHILDREN IN EDUCATIONAL SETTINGS.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
KEY CONCEPTS
Legal Issues in Information Security
Protecting
children on
the Internet
Family
Educational
Rights and
Privacy Act
(FERPA)
Children’s
Online
Privacy
Protection
Act (COPPA)
Children’s
Internet
Protection
Act (CIPA)
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CHALLENGES IN PROTECTING CHILDREN ON
THE INTERNET
Identification of children
First Amendment and censorship
Defining objectionable content
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CHALLENGES TO IDENTIFYING
CHILDREN…?
How can you
protect
Children if you
can’t identify
them?
Legal Issues in Information Security
• Requiring User Input.
• Requirement
Payment for access
to the site
• Parental Controls
• Parental Consent
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
BALANCE BETWEEN PROTECTING CHILDREN
AND THE FIRST AMENDMENT
DOES THE FIRST AMENDMENT APPLY TO
THE INTERNET?
FIRST AMENDMENT:
•
CONGRESS SHALL MAKE NO LAW RESPECTING AN
ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE
EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF
SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE
PEACEABLY TO ASSEMBLE, AND TO PETITION THE
GOVERNMENT FOR A REDRESS OF GRIEVANCES.
Legal Issues in Information Security
• YES. THE GOVERNMENT CANNOT
RESTRICT AN ADULT’S ACCESS TO
CONTENT ON THE INTERNET.
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
PROTECTING CHILDREN FROM OBSCENITY
Defining Obscenity:
• See Roth vs. US, 354 U.S. 476 , (1957)
• See Miller v. California, 413 US. 15, (1973)
• See Jacobellis v. Ohio 378 US. 184 (1964)
Work, taken as a whole, applying community standards (1) Appeals predominantly to the prurient interests
(Unwholesome, Leud, vulgar, crude, Lustful, Lubricious, Lecherous, Salacious, Extrinsic, Pandemic, Imponderable,
not part of the essential nature of someone)
(2) Depicts or describes sexual conduct in a patently offensive way as defined by applicable state law
(3) Lacks serious literary, artistic, political, or scientific value.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
Jacobellis v. Ohio 378 US. 184 (1964)
• JACOBELLIS V. OHIO, 378 U.S. 184 (1964), UNITED STATES SUPREME COURT 1964
QUESTION: COULD THE STATE OF OHIO BAN THE SHOWING OF THE LOUIS
MALLE FILM THE LOVERS (LES AMANTS), WHICH THE STATE HAD
DEEMED OBSCENE, WITHOUT VIOLATING THE FIRST AMENDMENT TO THE US
CONSTITUTION.
• FACTS: NICO JACOBELLIS, MANAGER OF THE HEIGHTS ART THEATRE IN CLEVELAND
HEIGHTS, OHIO, WAS CONVICTED AND FINED $2,500 FOR EXHIBITING THE FILM,
AND HIS CONVICTION WAS UPHELD BY THE SUPREME COURT OF OHIO.
• THE U.S. SUPREME COURT REVERSED THE CONVICTION, RULING THAT THE FILM
WAS NOT OBSCENE AND HENCE CONSTITUTIONALLY PROTECTED.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
JACOBELLIS V. OHIO 378 US. 184 (1964)
• FAMOUSLY JUSTICE POTTER STEWART’S CONCURRING THAT CONSTITUTION
PROTECTS ALL OBSCENITY EXCEPT “HARD-CORE PORNOGRAPHY“ WROTE OF
PORNOGRAPHY,
“I SHALL NOT TODAY ATTEMPT FURTHER TO DEFINE …(PORNOGRAPHY); AND
PERHAPS I COULD NEVER SUCCEED IN INTELLIGIBLY DOING SO. BUT I KNOW IT
WHEN I SEE IT, AND THE MOTION PICTURE INVOLVED IN THIS CASE IS NOT THAT.”
• THE COURT’S OBSCENITY JURISPRUDENCE WOULD REMAIN FRAGMENTED
UNTIL 1973’S MILLER V. CALIFORNIA. MANY LEGAL OBSERVERS FEEL THAT,
AFTER MILLER, IT REMAINED CONFUSING AND VAGUE. WHAT IS OBSCENE IN
ONE PLACE CAN WELL BE COMPLETELY LEGAL IN ANOTHER.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
MILLER V. CALIFORNIA
•
FACTS: IN 1971, MARVIN MILLER, AN OWNER/OPERATOR OF A CALIFORNIA MAIL-ORDER BUSINESS SPECIALIZING IN
PORNOGRAPHIC FILMS AND BOOKS, SENT OUT A BROCHURE ADVERTISING FOR BOOKS AND A FILM THAT GRAPHICALLY DEPICTED
SEXUAL ACTIVITY. FIVE OF THE BROCHURES WERE MAILED TO A RESTAURANT IN CALIFORNIA . THE OWNER AND HIS MOTHER
OPENED THE ENVELOPE AND SEEING THE BROCHURES, CALLED THE POLICE.
•
MILLER WAS ARRESTED FOR VIOLATING CALIFORNIA LAW WHICH PROHIBITED THE POSSESSION, EXHIBITION, SALE OR
DISTRIBUTION FOR SALE ANY OBSCENE MATTER.
•
MILLER WAS TRIED IN ORANGE COUNTY, CALIFORNIA. JURY WAS INSTRUCTED TO EVALUATE THE EVIDENCE BY THE COMMUNITY
STANDARDS OF CALIFORNIA. THE JURY RETURNED A GUILTY VERDICT.
•
MILLER APPEALED ARGUING THAT THE JURY INSTRUCTIONS DID NOT USE THE PRIOR STANDARD WHICH APPLIED A NATIONAL
STANDARD AND WHICH READ THAT THE MATERIAL MUST BE “UTTERLY WITHOUT REDEEMING SOCIAL VALUE.” CRT OF APPEALS
AFFIRMED THE JURY VERDICT. MILLER THEN APPEALED TO CALIFORNIA SUPREME COURT, WHICH DECLINED TO REVIEW. MILLER
APPLIED TO THE SUPREME COURT FOR CERTIORARI, WHICH WAS GRANTED.
•
SUPREME COURT OPINED THAT WHAT MILLER WAS DISTRIBUTING WAS OBSCENE AND NOT PROTECTED BY THE FIRST
AMENDMENT.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
WHERE ARE WE TODAY?
Basic case
law resulting
from these
cases:
Legal Issues in Information Security
• Obscenity is not protected by the
First Amendment and thus can be
regulated by the state, which must
conform to the three-part test of
Miller v. California
• (1) Whether the average person,
applying contemporary community
standards, would find that the work,
taken as a whole, appeals to
the prurient interest;
• (2) Whether the work depicts or
describes, in an offensive way,
sexual conduct or excretory
functions, specifically defined by
applicable state law; and
• (3) Whether the work, taken as a
whole, lacks serious literary,
artistic, political, or scientific value.
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
COPPA VS. COPA
CHILDREN’S ONLINE
PRIVACY PROTECTION ACT
Passed in 1998, effective 2000,
revised in 2012
Purpose: Governs how web sites
collection from children under
the age of 13
Legal Issues in Information Security
CHILD ONLINE PROTECTION
ACT
Enacted in 1998, never became
effective
Purpose: Protect minors from access
to harmful material on the internet.
Ruled that copa violated first
amendment free speech
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
COPPA CONTINUED…
Definition
of:
•
•
•
•
Legal Issues in Information Security
Child
Parent
Operator
Personal
Information
Two main rules:
• Must post privacy policy
• Must obtain parental consent
Who is regulated by COPPA-FTC
What is a web site or online service for purposes of
COPPA?
Website, mobile app, internet gambling site, advertiser,
etc.
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
(COPPA)
Notice of information practices on home page
Notice at each area where personal information from children is collected
Notice must be clearly written and understandable
Notice may not include any unrelated or confusing materials
Notification of parent is required
Verifiable parental consent is required
COPPA CONTINUED…
Privacy Policy
Must Contain:
Legal Issues in Information Security
• Operator Contact Information
• Notice of what information is collected
• Notice of how information is collected
• Notice of how the information will be used
• Notice of whether the information is disclosed to 3rd parties
• Assurance that participation is not conditioned on data collection
• Parental rights
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
COPPA CONTINUED…
CONTENTS OF THE NOTICE:
GAINING PARENTAL
CONSENT
Take
reasonable
steps necessary
to insure that
parent receives
notice of the
sites data
collection
practices
Legal Issues in Information Security
Must have a way
to verify that
parental
consent has
been given
That site had
collected parental
contact
information from
child
That parent’s
consent is
required to use,
collect or disclose
the child’s
information.
Disclose specific
items of data
operator wants to
collect
How parent can
give verifiable
consent
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
COPPA
CONTINUED…
Verifiable consent
• Only by parent
• Verify identity of parent
• Re-notice when data
collection changes
• May revoke consent
Legal Issues in Information Security
When Consent is not required?
• When collecting an email address to
respond to a one time request from a
child
• When providing an initial notice to
parent
• When collection is of the child’s name
and online contact information to
protect security of the site
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
COPPA
CONTINUED…
How can you verify
parental consent?
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CIPA REQUIREMENTS
Schools and libraries must
• Use technology filter protection measures
• Protect against access to harmful visual depictions-offensive content was a
visual depiction that is obscene, child pornography or harmful to minors
• Adopt and enforce a policy to monitor the online activities of minors
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
Minors are
those 17 years
of age or less
CIPA …
•
BLOCK OFFENSIVE CONTENT
•
•
•
OBSCENE
CHILD PORNOGRAPHY
HARMFUL TO MINORS
•
•
•
•
•
TAKEN AS A WHOLE AND WITH RESPECT TO MINORS, APPEALS TO A PRURIENT INTEREST IN SEX, NUDITY OR
EXCRETION
DEPICTS, DESCRIBES OR REPRESENTS IN A PATENTLY OFFENSIVE WAY WITH RESPECT TO MINORS AN ACTUAL OR
SIMULATED SEX ACT OR SEXUAL CONTACT, OR LEUD EXHIBITION OF THE GENITALS
TAKEN AS A WHOLE LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE AS TO MINORS
E-RATE
REQUIREMENTS
•
•
TECHNOLOGY TO FILTER VISUAL CONTENT (TPM)
INTERNET SAFETY POLICY
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
PROXY SERVER USED FOR CONTENT FILTERING
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CIPA CONTINUED…
• INTERNET SAFETY POLICY
• EXCEPTIONS
• FEDERAL COMMUNICATIONS COMMISSION IS RESPONSIBLE FOR OVERSIGHT
OF CIPA.
• VIOLATIONS: PENALTIES INCLUDE REPAYING FUNDING AND SOMETIMES
CRIMINAL SUIT
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
WHERE DO COPPA AND CIPA APPLY?
Commercial Web sites
Online services
Educational institutions
Libraries
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT
GOAL-protection of student educational records
SCOPE-”schools” that accept direct or indirect federal funding
REQUIREMENTS-notification, access, amendment and disclosure
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
FERPA…
Student
pii
definitions
Attendance
Education
record
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
FERPA CONTINUED…
Four main requirements
•
•
•
•
Annual Notification by any means reasonably likely to inform:
Access to Education Records:
Amendment of education records:
Disclosure of Education Records: Must be by written consent to release.
• Exception
• Oversight – Family Policy Compliance Office of US DOE
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
SCHOOL DISCLOSURE EXCEPTIONS IN FERPA
Other schools to which a student is transferring
School officials with legitimate educational interest
Appropriate parties in connection with financial aid to a student
In response to court order or subpoena
To aid in an emergency
Post-secondary schools: Can disclose PII of a student over age 18 to that student’s parents
if student is a dependent for U.S. federal tax purposes
DIRECTORY INFORMATION
Name
Address
Telephone
Number
Date/Place
of Birth
Honors/
Awards
Dates of
Attendance
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
CRITICAL ASPECTS OF FERPA
Right to inspect and review
Right to correct records
Parental written permission required
SUMMARY
Protecting
children on
the Internet
Legal Issues in Information Security
Family
Educational
Rights and
Privacy Act
(FERPA)
Children’s
Online Privacy
Protection Act
(COPPA)
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.
Children’s
Internet
Protection Act
(CIPA)
THANK YOU!
• QUESTIONS? EMAIL ME AT SANDRA.REEVES@UCUMBERLANDS.EDU
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
www.jblearning.com
All rights reserved.

Purchase answer to see full
attachment