Legal and Ethical Issues in EdTech

• The chapter discusses legal and ethical issues in educational technology, focusing on plagiarism, copyright, fair use, safety, privacy, netiquette, cyberbullying, objectionable materials, and educational control.
• Educators need to be aware of legal and ethical issues in educational technology, though they are not expected to be legal experts.
• The chapter aims to provide readers with an understanding of these issues, assisting them in addressing challenges in schools and informing policy decisions.

Purpose of the Chapter

• The chapter examines legal and ethical concepts related to educational technology to help teachers and parents protect themselves and model appropriate behavior.
• It intends to inform readers about legal issues like plagiarism, copyright, fair use, and safety/privacy.
• The chapter also covers ethical topics like netiquette, cyberbullying, objectionable materials, and educational control.

Legal Issues in Educational Technology

• Educators should understand legal issues in educational technology, including plagiarism, copyright, fair use, safety, and privacy.

Plagiarism

• Plagiarism involves stealing someone else's work and presenting it as your own.
• It is a form of fraud that involves both stealing and lying about the act.
• Plagiarism affects various stakeholders including the school system, educators, students, parents, authors, and publishers, if not addressed.
• Plagiarism includes turning in someone else's work, copying ideas without credit, failing to use quotation marks, providing incorrect source information, copying sentence structure, and copying a substantial amount of work.
• Copying media or copyrighted music without permission is considered plagiarism.
• Media use in the classroom requires careful consideration of copyright laws.
• Copyright infringement is illegal if it violates intellectual property rights.
• Strategies exist for educators and parents to promote academic integrity and address plagiarism.
• Schools often have policies and resources for plagiarism prevention, but addressing the root causes is essential.
• Lack of confidence, poor time management, and lack of interest in the assigned work are factors that contribute to plagiarism.
• Technology tools like Turnitin can help prevent plagiarism by increasing student engagement and providing personalized feedback.
• There's an ongoing cycle of technology being used to plagiarize and then technology being created to prevent it.

Copyright and Fair Use

• Copyright and fair use laws are nuanced, with potential penalties for non-compliance.
• Technology has made sharing materials easier but can also lead to copyright breaches.
• Copyright protects "original works of authorship" in a fixed form from the moment of creation.
• This protection is unrestricted by the author's nationality or residency.
• Copyright includes literary, software, pictorial, graphic, sculptural, architectural, sound recordings, audiovisual, pantomime, choreographic, and dramatic works.
• Copyright does not cover unfixed works, titles, short phrases, familiar symbols, facts without original authorship, or works created by the U.S. Government.
• Copyright owners have the right to reproduce, prepare derivative works, distribute copies, perform the work publicly, and display the work publicly.
• Exceptions to copyright exist for educational institutions and libraries, including facts, public information, government documents, images, and text from NASA, the Smithsonian, and the National Archives.
• "Fair use" allows limited copying for teaching and research purposes without the owner’s permission.
• Fair use depends on the intent, context, nature of the work, amount used, and potential market harm.
• Guidelines for educators include specific conditions for using printed materials, illustrations, photographs, video, and music.
• Teachers are allowed flexibility to enrich their instruction with copyrighted items if used appropriately.
• Copyright and fair use policy also apply to computer software and Internet connections
• Limit exposure using password-protected platforms when sharing materials with students to those who are registered.
• Use technology-related solutions, such as Creative Commons search tools and browser extensions, to look for free images
• Utilize special projects like Project Gutenberg where thousands of free e-books are available
• Develop "educator-defined best practices" regarding fair use in education

Safety and Privacy

• Safety and privacy are important legal considerations for K-12 educators.
• Federal laws such as FERPA, COPPA, and CIPA provide direction and guidance.
• FERPA protects the privacy of student education records.
• Schools must comply with FERPA regulations and obtain permission to disclose educational records.
• Directory information can be shared without consent, but parents can request a waiver.
• COPPA gives parents control over what information websites can collect from children under 13.
• Digital service providers must post clear privacy policies and obtain parental consent.
• CIPA is concerned with minors' access to obscene or harmful Internet content.
• Schools and libraries receive discounts for Internet services with Internet safety policies.
• Protection measures block or filter obscene images, child pornography, and other harmful materials.
• Schools are required to monitor online activities and offer educational programs about online behavior.
• Initiatives also exist at the national and state levels to protect children's safety and privacy.
• Flexible and comprehensive regulations are needed for online safety and privacy due to the dynamic nature of the Internet.
• Students need to learn how to protect private and sensitive information online.
• Good "data hygiene" must be taught to students before post-secondary education.
• Cyber safety must be enforced at school using filtering software.

Ethical Issues in Educational Technology

• Ethical issues are an important topic in educational technology, including netiquette, cyberbullying, objectionable materials, and educational control.

Netiquette

• Netiquette combines "net" (from the Internet) and "etiquette," referring to rules for proper online behavior.
• Rules include remembering the human, adhering to real-life behavior standards, knowing where you are in cyberspace, respecting others' time and bandwidth, making yourself look good online, sharing expert knowledge, keeping flame wars under control, respecting privacy, avoiding abuse of power, and forgiving mistakes.
• Ethical standards apply such as showing the same respect as you would to someone face-to-face.
• It is essential to be aware of the domain you interact with, as online cultures vary.
• Cyber space considerations include limited opportunities for facial expressions, gestures, and tone of voice
• Consider the content of your message, check for grammar, and spelling. Be friendly and courteous
• Lowered ethics or personal behavior standards are not acceptable in cyberspace
• Fast forward to recent times, here is an updated version of the ten basic rules of Netiquette: Make real people a priority, Use respectful language, Share with discretion, Don't exclude others, Choose friends wisely, Respect people's privacy, Fact check before reposting, Don't spam, Respond to emails and texts promptly, and Update online information

Cyberbullying

• Cyberbullying is a form of bullying that occurs in "cyberspace" or through digital devices.
• According to stopbullying.gov, bullying involves unwanted, aggressive behavior with an imbalance of power that is repeated or has the potential to be repeated.
• Cyberbullying can cause serious lasting problems, including anxiety, depression, and suicide.
• Cyberbullying includes spreading rumors online, sending hateful messages, and sharing hurtful images or videos.
• About 4 out of 10 young people between the ages of 12 and 17 have experienced cyberbullying.
• The most commonly used medium for cyberbullying is mobile devices.
• About 1 in 10 middle and high school students will tell parents about being cyberbullied.
• A risk of self-harm is high for young people who experience cyberbullying.
• Individuals who cyberbully will be held accountable.
• Legislation is keeping teacher and schools responsible of acting in case of cyberbullying
• Raising awareness and creating a positive culture is a help the the cause
• A senate bill was introduced in Texas with "David's Law" to criminalize cyberbullying when it leads to a minor's severe injury or suicide
• Educational programs can help reduce or eliminate cyberbullying
• It should be done at the school as well as at home

Objectionable Materials and Educational Control

• Objectionable materials aren't rigidly defined, often including alcohol, tobacco, gambling, pornography, and violence.
• School administrators respond by tightly controlling Internet access and implementing measures directed by CIPA.
• Schools often have Acceptable Use Policies (AUP) for Internet access to address the ethical use of learning technologies.
• Key elements of an AUP include preamble, definitions, policy statement, acceptable uses, unacceptable uses, and violations/sanctions.
• AUP will highlight acceptable use policies and release the school's responsibility for unaccpetable use.

Conclusion

• Legal and ethical issues in educational technology include plagiarism, copyright, fair use, safety and privacy, netiquette, cyberbullying, objectionable materials, and educational control.
• The need to offer ongoing education and resources for plagiarism prevention for educators
• “Educator-defined best practices” regarding fair use seems a necessary next step as digital cultures becomes more complex.
• The digital age of technology has become increasingly used in K-12 schools
• Educating students when ethical technologies are used, needs to continue evolving through continued development, education and school policies.