Safe and Responsible Use of the Internet: A Guide for Educators

By Nancy Willard, M.S., J.D.

Table of Contents

Part I -- Introductory Materials

1. Introduction ~ 2

  • Overview
  • Background
  • Core Components of a Comprehensive Approach
  • Focus on the Educational Purpose
  • Clear Policy that is Well-Communicated
  • Safe Internet Places for Younger Students
  • Education About the Safe and Responsible Use
  • Supervision and Monitoring
  • Appropriate Discipline
  • Continued Use of Filtering Software
  • Compliance with CIPA
  • Contents of the Guide

2. Rationale for More Comprehensive Approach ~ 8

  • Addressing the Technological "Quick Fix" Myth
  • The Case Against Reliance on Commercial, Proprietary-Protected, Filtering Software
      Need for an Educational Approach
      Lack of Local Control and Public Accountability
      Viewpoint Discrimination
      Overblocking Concerns
      Complacency Leading to Non-Educational Use

3. Transition to a Comprehensive Approach ~ 18

  • Transition Planning Process
      Safe and Responsible Internet Use
      Planning Committee Planning and Policies
      Public Disclosure and Information Gathering
  • Concerns to be Addressed
      Negative Community Reaction
      Liability
      Effectiveness of Filtering
      Lack of Complaints
      Effectiveness of Process to Override Use of Commercial Filtering Required by CIPA
      Retention of Local Control
      Concerns of Teachers

4. Preparing Young People To Make Safe and Responsible Choices ~ 29

  • Protect or Prepare
  • Raising Children in the "Real World"
  • Application to Cyberspace
      Elementary Students
      Secondary Students
  • Addressing Issues of Responsible Behavior
      Moral Development
      Impact of Information and Communication Technologies
      Strategies to Address Lack of Tangible Feedback and Invisibility Addiction

Part II -- Safe and Responsible Internet Use Plan

5. Compliance with the Children's Internet Protection Act ~ 40

  • Status of CIPA
  • The Basic CIPA Requirements
  • Questions Regarding Constitutionality of CIPA
  • Complying with CIPA Without Using Commercial Filtering Software
      Statutory Provisions
      FCC Regulations Related to Technology Protection Measures
      Comments Senator McCain, Chief Sponsor of CIPA
      NRC Report -- Analysis of Protection Technologies
      FCC Regulations Related to Local Control
      A Cautionary Note
      Conclusion

6. Social and Educational Strategies for Protecting Children on the Internet ~ 48

  • NRC Report Findings and Observations
  • Outline of Social and Educational Strategies
  • Analysis and Commentary
      Parental Supervision
      Peer Assistance
      Acceptable Use Policies
      Internet Safety Education
      Information and Media Literacy
      Compelling Content
      Media Campaigns

7. Educational Purpose and Use ~ 53

  • Enhancing Student Learning
      Tending a Rose
      Prevention of the Displacement of Learning
      Appropriate Use of Taxpayer Resources
      Preparation for Workplace Use
      Prevention of Problems of Internet Addiction
      Personal Account Option
  • Defining an Educational Purpose
      Access to Web
      Electronic Communication
  • Strategies to Promote Educational Use
      Professional Development
      Curriculum Development
      Educational Web Site/Portal

8. Internet Use Policy ~ 60

  • Issues to Address Related to Internet Use Policies
      Components
      CIPA
      Readability
      Clarity
      Communication
  • Internet Use Policy as Foundation for Instruction
  • Creation and Implementation
      Creation
      Policy or Regulations
      Signatures
      Students Whose Parents Refuse

9. Education about Safe and Responsible Use of the Internet ~ 64

  • Technology Education Standards
      Technology Standards for School Administrators (TSSA)
      National Education Technology Standards for Teachers (NET*T)
      National Education Technology Standards for Students (NET*S)
  • Instruction for Staff
      Administrator Instruction -- A Priority!
      Teachers and Other Staff
      Substitute and Student Teachers
  • Instruction for Parents
  • Instruction for Students
      Outline of Safe and Responsible Use Issues
      Internet Use Policy as the Foundation
      Transition at Middle School
      Elementary School
      Incorporation into the Curriculum

10. Inappropriate Material ~ 71

  • CIPA Requirements
  • Defining "Inappropriate"
  • Other Inappropriate Material Issues
      Material That is Not in Accord with Values Held by Individual Families
      Teenagers and Use of the Term "Inappropriate to Minors"
      Comprehensive Sexual Education Material
      Staff members

11. Technology Protection Measures ~ 77

  • CIPA Requirements
  • Technologies: A Role to Play
  • NRC Technology-Based Tools Table
  • Technology Protection Measure Recommendations
      Filtering based on first party content labeling
      Non-Proprietary-Protected Filtering Software
      Filters That Can Be Set To "Warn" But Not Block.
      Content Limited Access Content Labeling
      Monitoring
      SPAM Controlling Technologies
      Instant Help

12. Safety and Security of Students When Using Electronic Communications ~ 86

  • CIPA Requirements
  • Direct Electronic Communication in Schools
      A Sad Story
      Educational Purpose and Use
      Types of Electronic Communication
  • Safety and Security Concerns
      SPAM
      Online Harassment and Bullying
      Online Predators
  • Addressing Electronic Communication Concerns

13. Unauthorized Access and Other Unlawful or Inappropriate Activities ~ 99

  • CIPA Requirements
  • Computer Crime
      Computer as the Target of an Offense
      Computer as a Tool for Committing Criminal Behavior
  • Additional Inappropriate Activities
      Inappropriate Language
      Plagiarism
      Copyright

14. Disclosure of Personal Information of Students ~ 103

  • CIPA Requirements
  • Dimensions of the Issue
  • Application Service Providers and Student Records
  • Disclosure of Student Information on School Web Sites
  • Disclosure of Confidential Student Information in Staff E-mail Communications
  • Disclosure of Confidential Student Information in Student E-mail Communications
  • Student Self-disclosure of Personal Information
  • Third Party Web Sites and Market Research
      Market Profiling and Targeted Advertising
      Children's Online Privacy Protection Act
      Student Privacy Protection Act
      Parent's Reactions
      Recommendations

15. Supervision, Monitoring, and Privacy ~ 111

  • CIPA Requirements
  • Remaining "Hands-On"
      Supervision
      Monitoring
  • Student and Staff Privacy Issues
      Legal Standards
      Application of Legal Standards to Internet Use in Schools
  • Addressing Expectations of Privacy
Part III -- Legal Issues

16. District Liability Related to Access to Inappropriate Material or People ~ 122

  • Avoiding Liability and Controversy
  • Statutory Immunity
  • Impact of CIPA
  • Informed Consent

17. District Liability for Material Placed on Web Site or Transmitted Through System ~ 127

  • Dissemination of Harmful Speech
      Legal Standards
      The Question of Statutory Immunity
  • Copyright Infringement
  • Strategies to Address the Concerns

18. District Liability to Students and Other Liability Concerns ~ 132

  • Liability to Students
      Violation of Student Rights
      Failure to Address Online Harassment
  • Other Liability Concerns
      Computer Security Violations
      Losses Caused by System Failure
      Unauthorized Purchases
      Damage to District System
      Copyright Infringement

19. Public Records ~ 135

  • Instructional Stories
      Moral of Stories
  • Issues of Concern
  • Public Records Management
      Retention and Destruction
      Retention of Web Records for Quality of Use Analysis
      Staff Awareness

20. The Constitutionality and Advisability of the Use of Commercial Filtering Software in U.S. Public Schools ~ 139

  • Overview
  • Analysis of Constitutionality of Restrictions Placed on Speech
  • Analysis of Students' Constitutionally Protected Rights of Speech and Access to Information
  • Analysis Based on Designated Public Forum Standards
  • Analysis Based on Non-public Forum Standards
      Reasonable Restriction Related to Legitimate Pedagogical Concerns
      No Viewpoint Discrimination
      Overriding the Filter
  • Constitutionality of CIPA

21. Student Speech ~ 161

  • Overview of Issues
  • Pre-Internet Legal Decisions
  • Student Speech involving the District System 163
      Legal Standards
      Reasonable Education-based Restrictions
  • Off Campus Speech
      Legal Standards
      Cases Involving Off-Campus Student Speech
      Education and Intervention Strategies

22. Academic Freedom ~ 170

  • The Vision and the Reality
      The Vision
      The Reality
  • Textbook Selection
  • Controversial Information on the Internet
  • Professional Development

23. Copyright ~ 173

  • The Copyright Balance
  • Copyright Basics
      Copyright Ownership by Students and Teachers
  • Copyright and the Information Age
  • Fair Use Doctrine
      Fair Use for Teaching, Scholarship, and Research Purposes
      Fair Use for Criticism and Comment
  • Liability for Copyright Infringement
      Material Posted on District's Public Web Site
      Violation of Copyright or Licensing Agreements
      Downloading Copyrighted Material
  • Copyright Management for School Web Sites
      Web Site Concerns
      Web Site Management Procedures
      Web Site Management Chart
      Permission Request
  • Copyright Management for Software
  • Copyright Concerns and Access to Quality Educational Materials

24. Disability Information Technology Access ~ 183

  • Serving All
  • Responsibility Reasons
  • Legal Standards
      Section 504 of the Rehabilitation Act of 1973
      Title II of the Americans with Disabilities Act of 1990
      Section 508 of the Rehabilitation Act of 1973
      Basic Civil Rights Objectives of Section 504, the ADA, and Section 508
  • Summary of Information Technology Access Principles
      Policies and Procedures to Help Ensure Disability IT Access
      Online Guidelines and Resources for Accessible Web Design
Part IV -- Checklist, Policy, Regulations and Related Documents

Checklist for the Development of a Comprehensive Safe and Responsible Internet Use Plan ~ 190

Internet Safe and Responsible Use Plan ~ 197

District Internet Use Policy ~ 201

District Internet Use Regulations ~ 205

Student Internet Use Policy ~ 216

Student Internet Account Agreement ~ 221

Part V -- Supplementary Materials

Youth, Pornography, and the Internet ~ 224
National Research Council Report, Executive Summary.

Filtering out the filth: Eugene schools use traditional methods to block inappropriate material ~ 233
Article from Register Guard newspaper, Eugene, Oregon.

The best Internet filter: It's in students' minds, not their computers ~ 238
Editorial from Register Guard newspaper, Eugene Oregon.

The Digital Disconnect: The widening gap between Internet-savvy students and their schools ~ 239
Report of the Pew Internet and American Life Project.

Essential Internet Safety Skills ~ 243
Draft document from Responsible Netizen Institute.

Protect Yourself Against Textbook Tampering ~ 247
Article from Education World.

About the Author ~ 249
Nancy Willard

Index ~251

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