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THE PRACTICE: Ethical and Legal Issues - School leaders must model and promote an understanding of ethical and legal issues related to the use of technology.


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Research summary

Using the Internet
Responsibilities of online service providers
Strategies to educate and inform
Acceptable use of policies
Technology to support acceptable Internet use
Copyright and Intellectual Property
Copyright Legislation
Fair use
Distance learning and intellectual property

Networked technologies can support teaching and learning in several ways. Teachers can communicate with peers and share lesson ideas, activities, and materials. Students, too, have greater flexibility in working collaboratively and can consult primary resources previously unattainable within the school, such as data from research facilities, government agencies, libraries, and museums. The ease with which data can be created and shared also poses problems. It is not only easier to obtain and reuse materials found on the Internet or in digital resources, it is also easier to misuse them and to find inappropriate or even harmful material.

A recent survey (NPR, 2000) indicated that many Americans have concerns over use of the Internet. Eighty-five percent of respondents worry about the possibility of dangerous strangers contacting children, and 84 percent have concerns about the availability of pornography on the Internet. This last fear may be justified, as the survey reports that 24 percent of children between the ages of 10 and 17 say they have seen a pornographic Web site.

These are not the only ethical and legal issues facing educators in a digital age, however. Educators must be mindful of security and privacy to prevent unauthorized individuals from obtaining student data (Owens & Cohen, 1998; Olivia, 1999). Administrators and teachers must be aware of how students are using the school's technology and must monitor what students publish (Burke, 2000). Schools must also:

  • respond to policies and legislation that dictate requirements to maintain accreditation (Anderson, 1996);

  • provide access to all students by following requirements of the Americans with Disabilities Act (Consortium for School Networking, 1999);

  • and uphold copyright and intellectual property rights of content creators, which are outlined in the copyright Act of 1976 and the Digital Millennium Copyright Act of 1998.

You should keep track of changes in these laws and new laws that impact the use of educational technology, such as the proposed Internet School Filtering Act, which may link universal access (E-rate) funds to the use of filtering software (Pownell & Bailey, 1999).

The following provides an overview of a few key issues, such as acceptable use of digital materials, copyright and fair use issues, as well as concerns for distance education. Legal requirements for schools shift often and are impacted by local and state policy. Consult with your district and state technology leaders to stay current with policy and regulations.

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Using the Internet

Many proponents of Internet use in the classroom view the seemingly unlimited amount of information and the ease of communicating with people all over the world as benefits. These same characteristics may dissuade some educators from including Internet-based instruction due to the possibility of contact between students and undesirable Web sites or individuals. Make decisions about Internet use based on your experiences and policies with existing instructional tools and on research about strategies and tools that increase the Internet's potential to support teaching and learning.

Internet use decisions must reflect local policy and community needs, but completely ignoring the Internet inhibits the school's ability to prepare students to work and live in a knowledge age. Many schools have harnessed the Internet to support instruction and help their students practice acceptable and responsible use; your school can do the same. A variety of strategies, policies, and tools can support responsible Internet use. The most popular include teaching and monitoring strategies, Acceptable Use Policies (AUPs), and filtering software (Burke, 2000; Mason, 1997; Pownell & Bailey, 1999).

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Responsibilities of online service providers. Schools and libraries often serve as Community Access Centers and even Online Service Providers (OSPs). Districts that serve as OSPs must be aware of the Digital Millennium Copyright Act (DMCA) (Lutzker, 1999; Samuelson, 1999). The DMCA considers educational institutions that offer Internet service to students, staff, and faculty to be OSPs, much like America Online (AOL) and other major service providers (Salomon, 1999).

The DMCA outlines compliance practices and actions that must occur when users of the system participate in activities that infringe on the rights of copyright holders. The DMCA provides exemptions for OSPs if they act in accordance with the law, such as terminating service to repeat offenders and removing material from the system upon receiving notice of copyright infringement. The DMCA is available online at http://lcweb.loc.gov/copyright/legislation/hr2281.pdf.

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Strategies to educate and inform. Educators and parents should help students develop responsible and appropriate Internet use habits. Burke (2000) provides several methods teachers can use to supervise student use of the Internet. Place computers where they are easily visible by teachers, librarians, or aides. Limit online time to encourage students to stick closely to learning goals. Group students at the computer to discourage inappropriate use. Teachers must also help students learn how to validate the accuracy and evaluate the usefulness of Internet sources.

Before beginning an Internet-based project, teachers should demonstrate successful search strategies and review responsible use practices. Students should be familiar with citation strategies for both digital and print materials to avoid plagiarism and copyright infringement. Students should know the consequences of illegal use of digital materials (Burke, 2000).

Additional tips for responsible, proactive use of the Internet include:

  • Be sure the curriculum objectives and goals for Internet use are clearly delineated.
  • Get to know your students' online haunts and 'friends.'
  • Never allow unsupervised surfing of the Internet.
  • Teach students Internet safety.
  • Teach youngsters that there are laws against harassment, and if they feel seriously threatened, they should report this to an adult immediately. (Truett, Scherlen, Tashner & Lowe, 1997, p. 52-53.).

Acceptable use policies. An acceptable use policy (AUP) is a set of guidelines governing use of the Internet for school activities (Anderson, 1996; Rockman, 1998; Truett et al, 1997). AUPs are often district initiatives and may require students and their parents or guardians to sign letters of agreement. Internet AUPs vary greatly, but most districts agree the primary purpose of the policy is to support research and instruction. Most policies stem from existing policies regarding codes of behavior and use of traditional resources, such as books, magazines, television, and radio (AEL, 2000).

The following list (AEL, 2000) provides a variety of acceptable uses that may be addressed in an AUP:

  • Being polite and using appropriate language

  • Enforcing appropriate use and reporting misuse or security issues

  • Using the Internet ethically and legally

  • Respecting copyright and license agreements and citing material

  • Deleting unwanted messages or old data from computers

  • Using on-line time efficiently

  • Running virus software on downloaded files or inserted disks

  • Acknowledging the receipt of documents or files

  • Signing correspondence

  • Abiding by the policies and procedures of other networks that are accessed

The following list (AEL, 2000) provides a variety of unacceptable use that may be addressed in an AUP:

  • Giving out private information, such as address, phone, or password of yourself or others

  • Assuming the identity or using the passwords or material of another

  • Transmitting material that violates any U.S. or state regulation, such as copyrighted, threatening, or obscene material, or material protected by trade secret

  • Downloading text, graphics, or software, or engaging in behavior that may be considered obscene, abusive, libelous, indecent, vulgar, profane, or lewd

  • Altering software by deleting files, downloading programs, or copying or installing commercial programs

  • Plagiarizing someone else's work

  • Harassing an individual using the Internet

  • Vandalizing equipment or electronic material

  • Conducting commercial activities

  • Advertising products or services

  • Taking part in political lobbying

  • Disrupting the Internet use of others

  • Spreading computer viruses willfully

  • Gaining access to any pay-for-view site

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Technology to support acceptable Internet use. A variety of tools support acceptable Internet use. These include using approved digital resources and services, providing access to materials on an intranet or through a proxy server, and several filtering-type software applications. Of these, filtering software promotes the most heated discussion. Opponents feel that filtering software is a form of censorship, while proponents feel that it allows students to safely search the Internet, avoiding contact with undesirable Web sites or individuals.

Teacher concerns about the potential for inappropriate use has greatly reduced classroom use of the Internet in many instances (Schofield & Davidson, 1997). However, officials in Tennessee note that Internet use has increased since filtering software was installed on the statewide network, ConnecTEN, in November 1998 (Burke, 2000).

People who believe that information can change the way a person thinks and believes often support the use of filtering software (Pownell & Bailey, 1999). The increasing amount of information available on the Internet and the unlimited topics it covers also lead proponents to encourage the use of filtering software. The growth rate of information is so quick that filtering software offers one solution to providing a supportive environment for teaching and learning (Bruce, 1999). Filtering software is also less expensive than evaluating or previewing individual sites (Bruce, 1999).

Unfortunately, filtering software is not always effective (Pownell & Bailey, 1999). The rapid growth that may encourage filtering software use also limits its effectiveness. Filters can block desirable sites and they must be updated often to keep pace with the growth of material on the Internet. Filtering software does not take into account the varying ages, levels of maturity, and individual needs of users. Keywords used to ban sites are often derived subjectively and most filtering services do not publish their lists (Bruce, 1999). Schools that use filtering software without knowing what sites are being blocked and why may unintentionally censor materials that are constitutionally protected. Schools or filtering software developers that claim they prevent students from viewing objectionable material may also open themselves up to litigation if the software is not completely effective (Pownell & Bailey, 1999).

No one strategy can solve all unacceptable use problems and you should not rely solely on a technological tool. Training for parents, teachers, and students will help reduce the number and severity of problems you encounter (Burke, 2000).

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Copyright and Intellectual Property

Copyright legislation. Copyright law is complex and changes with each session of Congress. The current law is the Copyright Act of 1976 with amendments and is available online at http://www.loc.gov/copyright/title17/. Recent legislation such as the Digital Millennium Copyright Act of 1998 begins to address the complications of digital material. Copyright legislation will continue to evolve in an attempt to keep abreast of technological changes. Consult your district and state legal services on specific questions and visit the Web site for the U.S. Copyright Office at the Library of Congress for more information (http://lcweb.loc.gov/copyright).

Copyright (Copyright Law of 1976) grants the holder the five rights to:

  1. to reproduce the copyrighted work in copies or phonorecords;

  2. to prepare derivative works based upon the copyrighted work;

  3. to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

  4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

  5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

  6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Material does not have to be registered or display a copyright statement, but it must be original and be in a fixed, tangible medium. E-mail, listserv messages, threaded discussions, and Web pages meet these two important criteria and they should be considered copyrighted material (Baird & Hallett, 1999; Rothman, 1995). Warn teachers and students against the illegal practice of copying and using digital material without permission from the copyright holder, whether this material is text, pictures, graphics, or other multimedia elements.

Software is copyrighted and is usually licensed. Pay strict attention to licensing agreements for software. Use cloning software on a lab or network server to periodically check the network for appropriate software and remove non-licensed software (AEL, 2000). Many digital materials are now protected by technological protective measures (TPMs), and the DMCA assigns stiff penalties to anyone found guilty of bypassing TPMs to obtain copyrighted material (Lutzker, 1999).

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Fair use. Fair use guidelines establish criteria for the use of copyrighted materials in educational settings. Many educators falsely assume that copyrighted material may be used for instruction with little or no restriction. Copyright infringement may still occur even if a work does not display copyright notice or if only a small portion of the material is used (Salomon, 1999). The following four criteria (U.S. Copyright Office, 1998, p. 6.) have evolved to help the courts determine whether material falls within fair use:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;

  2. the nature of the copyrighted work;

  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

  4. the effect of the use upon the potential market for or value of the copyrighted.

Educators may incorporate multimedia for classroom instruction or projects under the Fair Use Guidelines for Nonprint Works if the portion used does not exceed 10 percent of the original copyrighted work. It can be used for up to two years and no more than three copies can be made; two for class use and one for preservation. (Baird & Hallet, 1999).

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Distance learning and intellectual property. The growth of distributed and distance-based learning courses has further complicated the issues of fair use and intellectual property. While distance-based courses may cover curricula identical to traditional face-to-face counterparts, copyright restrictions are more stringent for distributed delivery.

Distance educators should not only seek rights to use materials in a course but to transmit materials over a network. Works that may be transmitted over a network are limited to nondramatic literary or musical works, which excludes motion pictures, videos, or any audiovisual format. This means that while a videotape may be shown in a face-to-face classroom, a distance-based instructor must have permission to transmit the same videotape over a network every time the videotape is shown (Baird & Hallett, 1999).

Many educators think the current laws are too restrictive and call for expanding the fair use policies enjoyed by face-to-face instructors to include distributed and distance-based learning environments. Lutzker (1999) points out the more stringent policies for distance learning, such as the near impossible tasks of identifying copyright holders on items such as photographs and obtaining clearances for spontaneous use of copyrighted works. Licensing copyrighted materials for each access in distributed and distance-based learning courses can be prohibitively time-consuming and expensive.

Distance-based learning environments have forced many instructors to assume the role of course developer. Ownership of the course itself and of digital course materials -- such as Web pages, graphics, and Java applets -- is hotly debated. In the world of higher education, a scholarly work created on condition of employment, such as lecture notes or a course syllabus, is owned by the employing institution, but most institutions will confer ownership to the faculty member. Patents created by faculty, staff, and students traditionally remain the property of the institution. Policies differ, but many institutions are opting to treat digital material created for distributed and distance-based courses as they do patents and are retaining ownership. (Salomon, 1999). As more opportunities for distributed and distance-based learning develop in the K-12 setting, school districts will face the same copyright and intellectual property issues.

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References

AEL. (2000). Principal connections: A guide to technology leadership. [Computer Software]. Charleston, WV: AEL.

Anderson, L. (1996). Guidebook for developing an effective Instructional Technology Plan, Version 2.0. Mississippi State, MS: Mississippi State University.

Baird, D. & Hallett, K. (1999). Copyright in the academic environment: An introduction. In Proceedings of the Mid-South Instructional Technology Conference (Murfreesboro, TN, March 28-30, 1999) (ERIC Document Reproduction Service No. ED 436 120)

Bruce, D. (1999). Products and problems. Teacher librarian, 26(5), 13.

Burke, J. (2000). Rights, risks and responsibilities: Students and the Internet. Atlanta, GA: Southern Regional Education Board.

Consortium for School Networking. (1999). Taking TCO to the classroom. A school administrator's guide to planning for the total cost of new technology. Washington, DC: Consortium for School Networking. Available: http://classroomtco.cosn.org/news.html#release

Copyright Law of 1976, 17 U.S.C. ss 106.

Lutzker, A. (1999). In the curl of the wave: What the Digital Millennium Copyright Act and Term Extension Act mean for the library and education community. Association of Research Libraries. Available: http://www.arl.org/newsltr/203/curl.html

Mason, M. G. (1997). Sex, kids, and the public library. American Libraries, 28(6). 104-105.

NPR. (2000). Survey shows widespread enthusiasm for high technology. National Public Radio. Available: http://www.npr.org/programs/specials/poll/technology

Olivia, M. (1999). Developing an open system for the assessment of technology in education: The data gathering agent. Calico Journal, 497-508.

Owens, T. & Cohen, C. (1998). Technology for learning: The present and future in the United States. In Proceedings of IT@EDU98. (Ho Chi Minh City, Vietnam, January 15-16, 1998) (ERIC Document Reproduction Service No. ED 417 702)

Pownell, D. & Bailey, G. (1999). Electronic fences or free-range students: Should schools use Internet filtering software? Learning & Leading with Technology, 27(1), 50-57.

Rockman, S. (1998). Leader's guide to education technology. Washington, DC: Edvancenet. Available: http://www.edvancenet.org/ax/metacontent_fs.html?res*guide

Rothman, D. (1995). Copyright and K-12: Who pays in the network era? The future of networking technologies for learning. Washington, DC: U.S. Department of Education. Available: http://www.ed.gov/Technology/Futures/rothman.html

Salomon, K. D. (1999). Copyright considerations in distance education and technology-mediated instruction. Washington, DC: American Association of Community Colleges. (ERIC Document Reproduction Service No. ED 436 199)

Samuelson, P. (1999). Good news and bad news on the intellectual property front. Communications of the ACM. 42(3), 19-24.

Schofield, J. & Davidson, A. (1997). The Internet in school: The shaping of use by organizational, structural, and cultural factors. Pittsburgh, PA: Pittsburgh University. (ERIC Document Reproduction Service No. ED 429 545)

Truett, C., Scherlen, A., Tashner, J. & Lowe K. (1997). Responsible Internet use. Learning and Leading with Technology, 24(6), 52-55.

U.S. Copyright Office. (1995). Reproduction of copyrighted works by educators and librarians. (Circular 21). Washington, DC: U.S. Copyright Office. Available: http://www.loc.gov/copyright/circs/circ21.pdf

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