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ACLU sues prosecutor in sexting case

March 27, 2009 By Anne Leave a Comment

In a federal lawsuit, the American Civil Liberties Union is suing the Pennsylvania district attorney who has “threatened to charge [three] girls with felony child porn violations over digital photos they took of themselves,” Wired reports. “The lawsuit says the threat to prosecute the minors ‘is unprecedented and stands anti-child-pornography laws on their head’.” Wired adds that District Attorney George Skumanick is running for re-election in May. This is the worst-case scenario that parents and teens need to be aware of: a zealous prosecutor and minors with no criminal intent (or even awareness that their behavior was illegal). A New York Times blogger painted the legal picture pretty graphically today, showing how laws written to protect children have not caught up with “the dicey mix of teenagers’ age-old sexual curiosity, notoriously bad judgment and modern love of electronic sharing.” I do believe, though, that merely sharing this story with young people at your house or school is all the education most of them need to avoid sexting. A few more details on Skumanick’s approach: Wired blogger Kim Zetter reports that “in a meeting with the students and their parents, he said he would file felony charges against the students unless they agreed to six months of probation, among other terms. He gave the parents 48 hours to agree. The parents of the three girls in the ACLU suit refused to sign. Skumanick then threatened to charge the girls with producing child porn unless their parents agreed to the probation, and sent the teenagers to a five-week, 10-hour education program to discuss why what they did was wrong and what it means to be a girl in today’s society.” [See also our sexting prevention tips at ConnectSafely.org, and this from my co-director Larry Magid about the need for calm discussion.]

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Filed Under: Law & Policy, Risk & Safety, sexting Tagged With: ACLU, Pennsylvania, Skumanick

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Anne Collier


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IMPORTANT RESOURCES

Our (DIGITAL) PARENTING BASICS: Safety + Social
NAMLE, the National Association for Media Literacy Education
CASEL.org & the 5 core social-emotional competencies of SEL
Center for Democracy & Technology
Center for Innovative Public Health Research
Childnet International
Committee for Children
Congressional Internet Caucus Academy
ConnectSafely.org
Control Shift: a pivotal book for Internet safety
Crimes Against Children Research Center
Crisis Textline
Cyber Civil Rights Initiative's Revenge Porn Crisis Line
Cyberwise.org
danah boyd's blog and book about networked youth
Disconnected, Carrie James's book on digital ethics
FOSI.org's Good Digital Parenting
The research of Global Kids Online
The Good Project at Harvard's School of Education
If you watch nothing else: "Parenting in a Digital Age" TED Talk by Prof. Sonia Livingstone
The International Bullying Prevention Association
Let Grow Foundation
Making Caring Common
Raising Digital Natives, author Devorah Heitner's site
Renee Hobbs at the Media Education Lab
MediaSmarts.ca
The New Media Literacies
Report of the Aspen Task Force on Learning & the Internet and our guide to Creating Trusted Learning Environments
The Ruler Approach to social-emotional learning (Yale Center for Emotional Intelligence)
Sources of Strength
"Young & Online: Perspectives on life in a digital age" from young people in 26 countries (via UNICEF)
"Youth Safety on a Living Internet": 2010 report of the Online Safety & Technology Working Group (and my post about it)

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