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U.S. privacy laws are confusing and hard to interpret. This book provides clear, substantive guidance to educators who work with minors in these rapidly changing, technological times. Privacy is now an area of major concern as the use of social media, web beacons, tracking cookies, webcams, GPS-based cell phone tracking, and other 21st-century technologies increasingly proliferate. Educators who work with all ages of students have specific responsibilities to safeguard the students' personally identifying information. Protecting students' privacy is particularly critical in the case of minors.…mehr
U.S. privacy laws are confusing and hard to interpret. This book provides clear, substantive guidance to educators who work with minors in these rapidly changing, technological times. Privacy is now an area of major concern as the use of social media, web beacons, tracking cookies, webcams, GPS-based cell phone tracking, and other 21st-century technologies increasingly proliferate. Educators who work with all ages of students have specific responsibilities to safeguard the students' personally identifying information. Protecting students' privacy is particularly critical in the case of minors. Unfortunately, U.S. privacy law is a mystifying patchwork of federal and state laws. Authored by an experienced attorney who specializes in copyright and privacy law, this book overviews laws pertinent to educators and explains how to recognize, analyze, and handle privacy issues as they arise in specific situations in the educational context. The information in this work is critically important for anyone working in the educational arena, from professors, classroom teachers, and aides to librarians at all levels and administrators. The book's contents will also help parents to recognize situations that might implicate their child's privacy rights and provide parents with the appropriate steps to follow to work with the school to protect their child.
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Autorenporträt
Gretchen McCord, MSIS, JD, has been a licensed attorney since 2001, specializing in copyright and privacy law, and is currently a legal consultant and trainer in these areas.
Inhaltsangabe
Preface Acknowledgments PART I: STATE OF THE LAW Chapter 1: The Concept and Origins of Privacy Protection in the United States Why Do We Care? History of Privacy as a Legal Right Modern Articulation of Privacy Concepts Personally Identifiable Information When "Anonymous" Doesn't Mean Anonymous Fair Information Practices Choice The International Front Bibliography Chapter 2: Statutory Law Most Pertinent to the Educational Context Federal Statutes Family Educational Rights and Privacy Act (FERPA): Protecting Student Records The Protection of Pupil Rights Amendment (PPRA): Gathering Student Information in Surveys No Child Left Behind Act (NCLB): Undermining FERPA Children's Online Privacy Protection Act (COPPA): An Attempt to Protect Children Online COPPA and Educational Institutions COPPA's Requirements Electronic Communications Privacy Act (ECPA): A Few Pieces of the Electronic Privacy Protection Puzzle USA PATRIOT Act: Has Big Brother Arrived? National Security Letters Foreign Intelligence Surveillance Act Court Warrants Amendments Allow Recipients to Object State Statutes Cyberbullying, Cyberstalking, and Cyberharassment Library Records The Privacy Torts The Right of Publicity Mandatory Reporting of Child Abuse Privacy in Employment Law Case Law and Other Areas Bibliography Chapter 3: Constitutional Law Fourth Amendment: Reasonable Search and Seizure First Amendment: Intertwined with Right of Privacy Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969): The Supreme Court Affirms Student Right of Free Speech Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986): The Constitutional Rights of Students Are Not Automatically Equivalent to Those of Adults Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988): Schools May Censor Content of School-Sponsored Activities Morse v. Frederick, 551 U.S. 393 (2007): Schools May Restrict Speech Reasonably Regarded as Encouraging Illegal Drug Use The Intersection of First Amendment Rights and Privacy Bibliography Chapter 4: Liability under the Law Tort Who May Be Held Liable Remedies Violation of Constitutional Right Who May Be Held Liable Immunity Remedies Bibliography PART II: APPLICATIONS IN THE EDUCATIONAL SETTING Chapter 5: Student Privacy in the Brick-and-Mortar World Reasonable Searches in the Educational Context Students Have a Reasonable Expectation of Privacy The Standard "Individualized" versus "Generalized" Searches Applying the Standard Searching Student Possessions Student Expectation of Privacy in Belongings Stored on School Property Searches of Student Dormitory Rooms Searches of Students' Persons Strip Searches Physical Examinations and Testing Searches of Groups of Students and Screening Searches Generally Surveillance and Recordings of Students Drug Dogs Drug Testing of Students Involved in Extracurricular Activities "Seizures": Detaining Students for Questioning and Other Reasons Involving Law Enforcement in School Searches and Seizures Emergencies May Allow Disclosing Student Information Bibliography Chapter 6: Student Privacy Online The Intersection of First and Fourth Email, Social Media, and Cell Phones: Students Have a Reasonable Expectation of Privacy The "Special Nature" of Cell Phones and Other Personal Electronic Devices Off-Campus Activities Integrating Social Media and Other Interactive Technology into the Curriculum Collecting Student Data and Works Bibliography Chapter 7: Faculty and Staff Rights to Privacy The Fourth Amendment and an Employer's Right to Search Employees' Things Surveillance of the Workplace Telephone Conversations Recordings of Surveillance: Audio, No; Silent Video, Maybe Physical and Psychological Testing Drug Testing Employee Rights in the Electronic World Employee's Right to Privacy outside of the Work Environment Bibliography PART III: MOVING FORWARD Chapter 8: Privacy Policies Steps in Writing a Privacy Policy Consider Who to Include in the Process Identify the Areas to Be Addressed by the Policy; Specify Conditions Review Current Policies and Consider Current and Past Practices Content Final Reviews What to Do with Your Privacy Policy General Tips for Writing a Privacy Policy Bibliography Chapter 9: Privacy in a Digital Future: Protecting Our Institutions and Our Students Emerging Technologies and the State of Privacy Law What Is a Reasonable Expectation of Privacy in the World of Evolving Technology? What Standard Should Determine the Reasonableness of Fourth Amendment Searches and Seizures in a Digital World? Emerging Technologies in the Education Context The Cloud Social Media Location Tracking Technology The Crystal Ball of Privacy Rights Bibliography Chapter 10: Quick and Dirty Answers Glossary Resources for Further Research Index
Preface Acknowledgments PART I: STATE OF THE LAW Chapter 1: The Concept and Origins of Privacy Protection in the United States Why Do We Care? History of Privacy as a Legal Right Modern Articulation of Privacy Concepts Personally Identifiable Information When "Anonymous" Doesn't Mean Anonymous Fair Information Practices Choice The International Front Bibliography Chapter 2: Statutory Law Most Pertinent to the Educational Context Federal Statutes Family Educational Rights and Privacy Act (FERPA): Protecting Student Records The Protection of Pupil Rights Amendment (PPRA): Gathering Student Information in Surveys No Child Left Behind Act (NCLB): Undermining FERPA Children's Online Privacy Protection Act (COPPA): An Attempt to Protect Children Online COPPA and Educational Institutions COPPA's Requirements Electronic Communications Privacy Act (ECPA): A Few Pieces of the Electronic Privacy Protection Puzzle USA PATRIOT Act: Has Big Brother Arrived? National Security Letters Foreign Intelligence Surveillance Act Court Warrants Amendments Allow Recipients to Object State Statutes Cyberbullying, Cyberstalking, and Cyberharassment Library Records The Privacy Torts The Right of Publicity Mandatory Reporting of Child Abuse Privacy in Employment Law Case Law and Other Areas Bibliography Chapter 3: Constitutional Law Fourth Amendment: Reasonable Search and Seizure First Amendment: Intertwined with Right of Privacy Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969): The Supreme Court Affirms Student Right of Free Speech Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986): The Constitutional Rights of Students Are Not Automatically Equivalent to Those of Adults Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988): Schools May Censor Content of School-Sponsored Activities Morse v. Frederick, 551 U.S. 393 (2007): Schools May Restrict Speech Reasonably Regarded as Encouraging Illegal Drug Use The Intersection of First Amendment Rights and Privacy Bibliography Chapter 4: Liability under the Law Tort Who May Be Held Liable Remedies Violation of Constitutional Right Who May Be Held Liable Immunity Remedies Bibliography PART II: APPLICATIONS IN THE EDUCATIONAL SETTING Chapter 5: Student Privacy in the Brick-and-Mortar World Reasonable Searches in the Educational Context Students Have a Reasonable Expectation of Privacy The Standard "Individualized" versus "Generalized" Searches Applying the Standard Searching Student Possessions Student Expectation of Privacy in Belongings Stored on School Property Searches of Student Dormitory Rooms Searches of Students' Persons Strip Searches Physical Examinations and Testing Searches of Groups of Students and Screening Searches Generally Surveillance and Recordings of Students Drug Dogs Drug Testing of Students Involved in Extracurricular Activities "Seizures": Detaining Students for Questioning and Other Reasons Involving Law Enforcement in School Searches and Seizures Emergencies May Allow Disclosing Student Information Bibliography Chapter 6: Student Privacy Online The Intersection of First and Fourth Email, Social Media, and Cell Phones: Students Have a Reasonable Expectation of Privacy The "Special Nature" of Cell Phones and Other Personal Electronic Devices Off-Campus Activities Integrating Social Media and Other Interactive Technology into the Curriculum Collecting Student Data and Works Bibliography Chapter 7: Faculty and Staff Rights to Privacy The Fourth Amendment and an Employer's Right to Search Employees' Things Surveillance of the Workplace Telephone Conversations Recordings of Surveillance: Audio, No; Silent Video, Maybe Physical and Psychological Testing Drug Testing Employee Rights in the Electronic World Employee's Right to Privacy outside of the Work Environment Bibliography PART III: MOVING FORWARD Chapter 8: Privacy Policies Steps in Writing a Privacy Policy Consider Who to Include in the Process Identify the Areas to Be Addressed by the Policy; Specify Conditions Review Current Policies and Consider Current and Past Practices Content Final Reviews What to Do with Your Privacy Policy General Tips for Writing a Privacy Policy Bibliography Chapter 9: Privacy in a Digital Future: Protecting Our Institutions and Our Students Emerging Technologies and the State of Privacy Law What Is a Reasonable Expectation of Privacy in the World of Evolving Technology? What Standard Should Determine the Reasonableness of Fourth Amendment Searches and Seizures in a Digital World? Emerging Technologies in the Education Context The Cloud Social Media Location Tracking Technology The Crystal Ball of Privacy Rights Bibliography Chapter 10: Quick and Dirty Answers Glossary Resources for Further Research Index
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