Legal and Ethical Issues – Susan Mann Smith 1

Legal and Ethical Issues

Susan Mann-Smith

CUR/545 Using Technology for Teaching and Learning

August 6, 2018

Cheryl Franklin
Legal and Ethical Issues – Susan Mann Smith 2

In today’s society and the proliferation of easily accessible data online, educators have

become increasingly concerned about copyright privileges, fair use, FERPA (Family Educational

Rights and Privacy Act of 1974), and academic dishonesty. Students and teachers alike are often

unaware of their rights and responsibilities when it comes to these topics and it is the intent of

this editorial to inform teachers and their students of their rights and help them use media and

technology responsibly.

When it comes to copyright right laws, educators have some freedom. However, there

are several issues that may arise if teachers do not follow these laws closely. The copyright law

of 1976 has very specific guidelines for use in educational institutions. This is referred to as fair

use and states that small portions of copyrighted material may be used by teachers and students if

the work is properly cited and is not used for profit, (Smaldino, Lowther, Russell, & Mims,

2015). While this may be stated simply, the decision on whether what educators and their

students are using is considered fair use can be tricky. Luckily, there are several resources

available to help define, tutor, and give guidelines to help navigate copyright laws. These

resources include how to create and use creative commons material. Creative Commons allow

educators and their students to reuse material responsibly. Educators should visit and review

how to use Creative Commons by going to their website: Creative Commons. Introducing

students to creative commons can be done easily through a video produced by Watch Now UK.

There are several other resources and videos available as well that provide easy to use guidelines.

Edutopia provides a blog written by Amy Erin Borovoy that lists guidelines and sites to visit.

Youtube has created guidelines for how to use their videos as well. While the language may not

be suitable for the classroom, the information provided is user friendly.

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Academic dishonesty is yet another concern for educators. Students have instant access to

several papers, online translators, and information. Unfortunately, several students have

succumbed to the temptation of plagiarizing material. Therefore, educators and students alike

need to be aware of the consequences of doing so. For example, in second language classrooms

it is very simple to just translate material and claim it for one’s own. However, there are articles

written to help educators deal with this issue. One such article can be found in Language and

Language Teaching Journal. However, sometimes students are not aware of the fact that they are

plagiarizing. To help students navigate these waters and avoid plagiarism, educators can direct

them to these sites and videos:

 Academic Integrity: Cheat or Be Cheated

 Grammarly

 Avoiding Plagiarism: Academic Honesty

 If Technology Could Talk - Academic Honesty and Plagiarism

Aside from Copyright infringement issues and academic dishonesty, educators need to be

aware of the problems associated with data mining and FERPA. FERPA, created in 1974, sets

out to protect students from the mishandling and sharing of their private information, including

grades and personal information. The plethora of websites that students in school concerns many

parents and educators alike in how that information is being used by companies, (OBrien, 2014).

It is vital that educators vet websites and their data mining policies to ensure their students’

safety. One method to help inform educators on safe sites would be for the district to create and

update a policy that includes safe sites, (Schouweiler, 2014). To help create this list, educators

and administrators can start by visiting websites devoted to keep students safe like

iKeepSafe.org. Sites like this provide several resources to advance learning online while
Legal and Ethical Issues – Susan Mann Smith 4

protecting students’ privacy, (iKeepSafe.org, 2018). Another issue that has parents and

educators concerned is the information stored using clouds. These data clouds store FERPA

protected student data and school districts need to ensure that this data is protected. The

National School Boards Association has produced guidelines to help districts protect their

students. For more information on FERPA and how its policies impact education read the

article The Big Biz on Spying on Little Kids.

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Resources

About. (n.d.). Retrieved August 6, 2018, from https://ikeepsafe.org/about/

Borovoy, A. E. (2015, December 2). 5-Minute Film Festival: Copyright and Fair Use for

Educators. Retrieved August 6, 2018, from https://www.edutopia.org/blog/film-festival-

copyright-fair-use

C. (2011, June 29). If Technology Could Talk- Academic Dishonesty & Plagiarism. Retrieved

August 6, 2018, from https://www.youtube.com/watch?v=rdQOud8gZos

Dewati, L. (2017). Discouraging Students’ Academic Dishonesty in Flipped Classroom.

Language and Language Teaching Journal,20(01), 22-29. doi:10.24071/llt.2017.200103

LibGuides: Avoiding Plagiarism: Academic Honesty. (n.d.). Retrieved August 6, 2018, from

https://mc.libguides.com/plagiarism

Nattel, L. (n.d.). Check yourself (with Grammarly) before you wreck yourself. Retrieved August

6, 2018, from

https://www.grammarly.com/plagiarism?utm_source=bing&matchtype=b&utm_campaig

n=Search&msclkid=1cecd651a48b1f91b57e8d394c575c82&utm_medium=cpc&utm_ter

m=check your document for plagiarism

New Guide from National School Boards Association Helps School Boards Navigate Student

Data Privacy Concerns in the Cloud Computing Era. (2014, April 28). Retrieved August

6, 2018, from https://www.nsba.org/newsroom/press-releases/new-guide-national-school-

boards-association-helps-school-boards-navigate
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OBrien, A. (2014, July 14). A Starting Point for Ensuring Student Online Privacy. Retrieved

August 6, 2018, from https://www.edutopia.org/blog/starting-point-ensuring-student-

online-privacy-anne-obrien

Pope, D., Phd. (2014, April 11). Academic Integrity: Cheat or Be Cheated? Retrieved August 6,

2018, from https://www.edutopia.org/blog/academic-integrity-cheat-or-be-cheated-

denise-pope

Schouweiler, D. (2014, November 12). CIPA, COPPA, & FERPA. Retrieved August 6, 2018,

from https://www.youtube.com/watch?v=Lzu2XSSevPU

Simon, S., Macy, B., McClelland, E., Shafer, J., & Higdon, J. (2014, May 17). The big biz of

spying on little kids. Retrieved August 6, 2018, from

https://www.politico.com/story/2014/05/data-mining-your-children-106676

Smaldino, S. E., Lowther, D. L., Russell, J. D., & Mims, C. (2015). Instructional Technology

and Media for Learning (11th ed.). Upper Saddle River, NJ: Pearson.

W. (2012, May 09). Creative Commons & Copyright Info. Retrieved August 6, 2018, from

https://www.youtube.com/watch?v=8YkbeycRa2A

What we do. (n.d.). Retrieved August 6, 2018, from https://creativecommons.org/about/

Y. (2013, July 01). YouTube Copyright Basics. Retrieved August 6, 2018, from

https://www.youtube.com/watch?v=Cp1Jn4Q0j6E&list=PLvzOwE5lWqhTbOCIFp_Oxs

N6nC-l20kMT&index=4