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| Marvin Zuker |
How such legislation would play out north of the border remains to be seen, given the basic right to freely seek information and the rights of companies to distribute information.
In addition to social media age restrictions, the new Florida statute requires online pornography services to use age-verification systems to keep minors off their platforms.
Apps like Facebook, Snapchat and Instagram have policies prohibiting children in the United States under the age of 13. That is because the federal U.S. Children’s Online Privacy Protection Act requires certain online services to obtain parental permission before collecting personal information — like full names, contact information, location and selfie photos — from children under 13.
Photos of children
A just-released report from Australia has found parents who share photos of their children online are more likely to be offered cash for sexually explicit images of their kids, the government warning about the dangers of “sharenting.”
The Australian Institute of Criminology (AIC) on May 2, 2024, said “sharenting” — publishing information or photos of children online — “may place some children at risk of exploitation and harm.”
This new AIC report detailed how predators use social media platforms or dating apps to track down people with access to young people, including parents or people who know children. Almost seven per cent of people who posted photos of children online said in a survey they had received requests for child abuse material.
“Sharing a photo of or information regarding children online was associated with a significantly increased likelihood of being asked questions of a sexual nature about children, as well as being asked, pressured or offered payment for sexual images of children,” the AIC’s latest trends paper states.
“Given that it has become common practice for parents to share photos of their children online, concerted education efforts are needed to warn not just parents and guardians but all those who interact with children of the potential harms associated with publicly sharing photos of or information regarding children online,” the AIC said.
It’s noted that linguistically diverse individuals, people with disability and those who experienced other sexual or violent online harms reported receiving higher rates of requests, stating that “particularly vulnerable” populations may require “targeted preventative efforts.”
The pouch
Situate yourself at the school entrance and go from there. Students who have their cellphones in their hands must put them into individual tray pouches made of synthetic rubber. They click the magnetic lock at the top of their pouches shut, then place them into their backpacks or hold them up to show teachers. The pouches stay with them, locked, until dismissal.
These pouches are made by a California-based company called Yondr, founded in 2014. The magnetically locking pouches are also used to store cellphones during concerts, theatrical events and professional exams.
Policies that rely on individual teachers to carry them out make them effectively an enforceable wish. Nowadays, teachers say “Good morning” instead of “Take your AirPods out.” Can you imagine?
Fast-forward three years, the use of pouches has spread to neighbouring districts. This past fall, Massachusetts even launched a grant program to pay for them.
Contrary to parental support, some parents fall into three main categories regarding this matter. Some worry about reaching their children in an emergency. A small number have children who struggle with anxiety and use their cellphones to listen to music or access meditation apps. Others just like the convenience of being in touch with their children during the day. Solution? Make sure there is at least one line landline phone in every classroom and, in some cases, two. Teachers also still have their cellphones in case they need to call 911 (the pouches are not “bank vaults” and can be cut open in an emergency).
Using AirDrop to share inappropriate photos during class? No more.
Social-media-fuelled arguments during school? Over.
At the end of the school day, the students will file out to waiting buses. Near every exit would be a wall-mounted unlocking station where students can click open their individual pouches (a staff member needs to attach a magnet each day before dismissal for it to work). On a recent sunny afternoon, about half the kids were using the unlocking stations.
The school knows the system is not foolproof as some students might have their cellphones hidden in their backpacks. However, they also know that taking their cellphones out leads to automatic detention.
This is the second instalment of a series. Part one: Cellphones in Ontario schools, the voice of the child: Both on silent.
Marvin Zuker was a judge of the Ontario Court of Justice, where he presided over the small claims, family and criminal courts from 1978 until his retirement in 2016. He is a professor at the Ontario Institute for Studies in Education/University of Toronto, where he has been teaching education law for 42 years. Zuker is the author and co-author of many books and publications, including The Law is Not for Women and The Law Is (Not) for Kids.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author's firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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