From Deseret News archives:

Educate youths on tech etiquette

Published: Sunday, April 19, 2009 12:58 a.m. MDT
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It is highly disturbing that elementary school students in American Fork were able to circumvent an Internet filter and download a pornographic Web site on a school computer where other students could see it.

It is one thing to discipline students who violate policies regarding acceptable uses of the school's technology. It is another thing to criminalize the conduct to the point students face felony charges and a possible listing on the state's sex-offender registry. Diversion agreements would be a better option.

Utah County prosecutors should be mindful of the long-term consequences of charging 11-year-old boys with felony offenses. Although getting around the school filter requires effort, perhaps even premeditation, it is more likely the stuff of pre-pubescent boys showing off.

Indeed, the school should level discipline. But it should also redouble its efforts to supervise student use of the Internet. Filters are not foolproof, obviously. Policies for acceptable use of school technology must be followed to the letter.

In many respects, public policy has not kept pace with the good, bad and ugly of technology. Laws on the books largely contemplate adults dealing in harmful materials to minors, not minors showing pornographic materials to their peers.

The same is true with texting lewd or nude photographs to peers. Not only have some youths been charged with felony-level offenses, they face being placed on their state's sex-offender registry, which can have lifelong consequences.

Earlier this year, the Utah Legislature passed a measure that provides for penalties for minors who deal in materials harmful to minors. Teens under 16 could face a class B misdemeanor charge for sending pornographic materials. Teens 16 to 17 could face a class A misdemeanor charge. People 18 and older who solicit a younger person to send pornographic or harmful material could be charged with a third-degree felony.

Utah gives prosecutors more options in dealing with teenagers who transmit these materials. This is important because there should be a distinction between youths who behave badly and adults who conduct themselves with criminal intent.

Meanwhile, the Vermont Senate is considering legislation that would exempt 13- to 18-year-olds from prosecution on child pornography charges for sending or receiving sexting messages, so long as the sender voluntarily transmits an image of himself or herself. Youths could still be charged with other provisions in law such as lewd and lascivious conduct or disseminating indecent materials to a minor. As in Utah, the Vermont law would give prosecutors more options to address these issues.

These sorts of incidents suggest a need for education of youths regarding the appropriate use of cell phones, e-mail and social networking Web sites. Once information or images are shared electronically they can be passed an infinite number of times. Young users of technology may not understand this concept. Schools, parents and law enforcement need to ensure that they do because this conduct can have lifelong consequences.

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