Controversy surrounds Instragram’s new privacy policy

Instagram users are thinking twice about keeping the photo ap on their smart phones, after news that policy changes would allow their photos to be used for advertisements without their consent.

“Once you click that send button or that post button you essentially lose all control over those photos,” said W. Creigh Martson of Abom & Kutilakis. “The mere use of that service, you are essential consenting to the terms and conditions.”

Facebook purchased Instagram earlier this year. The policy changes will be laid out in the terms and conditions of use. The changes would allow Facebook to sell your pictures to outside entities for the use of marketing, without your consent. Although Facebook would collect a fee, you would not receive any compensation for the use of your picture.

Bev James, of Mechanicsburg, says her daughter uses the ap and says she doesn’t like the idea they can use the photos at their will.

“I think they could use her picture anywhere, where we might not want it, and that scares me,” said James.

Some users are reconsidering how or if they will keep their accounts.

“I will probably keep it, but not post pictures of myself, ” said Rachel James of Mechanicsburg.

Instagram released the following statement in response to the outcry from upset users.

Thank you, and we’re listening.

Yesterday we introduced a new version of our Privacy Policy and Terms of Service that will take effect in thirty days. These two documents help communicate as clearly as possible our relationship with the users of Instagram so you understand how your data will be used, and the rules that govern the thriving and active Instagram community. Since making these changes, we’ve heard loud and clear that many users are confused and upset about what the changes mean.

I’m writing this today to let you know we’re listening and to commit to you that we will be doing more to answer your questions, fix any mistakes, and eliminate the confusion. As we review your feedback and stories in the press, we’re going to modify specific parts of the terms to make it more clear what will happen with your photos.

Legal documents are easy to misinterpret. So I’d like to address specific concerns we’ve heard from everyone:

Advertising on Instagram From the start, Instagram was created to become a business. Advertising is one of many ways that Instagram can become a self-sustaining business, but not the only one. Our intention in updating the terms was to communicate that we’d like to experiment with innovative advertising that feels appropriate on Instagram. Instead it was interpreted by many that we were going to sell your photos to others without any compensation. This is not true and it is our mistake that this language is confusing. To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear.

To provide context, we envision a future where both users and brands alike may promote their photos & accounts to increase engagement and to build a more meaningful following. Let’s say a business wanted to promote their account to gain more followers and Instagram was able to feature them in some way. In order to help make a more relevant and useful promotion, it would be helpful to see which of the people you follow also follow this business. In this way, some of the data you produce – like the actions you take (as in, following the account) and your profile photo – might show up if you are following this business.

The language we proposed also raised question about whether your photos can be part of an advertisement. We do not have plans for anything like this and because of that we’re going to remove the language that raised the question. Our main goal is to avoid things likes advertising banners you see in other apps that would hurt the Instagram user experience. Instead, we want to create meaningful ways to help you discover new and interesting accounts and content while building a self-sustaining business at the same time.

Ownership Rights Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed. We respect that there are creative artists and hobbyists alike that pour their heart into creating beautiful photos, and we respect that your photos are your photos. Period.

I always want you to feel comfortable sharing your photos on Instagram and we will always work hard to foster and respect our community and go out of our way to support its rights.

Privacy Settings Nothing has changed about the control you have over who can see your photos. If you set your photos to private, Instagram only shares your photos with the people you’ve approved to follow you. We hope that this simple control makes it easy for everyone to decide what level of privacy makes sense.

I am grateful to everyone for their feedback and that we have a community that cares so much. We need to be clear about changes we make – this is our responsibility to you. One of the main reasons these documents don’t take effect immediately, but instead 30 days from now, is that we wanted to make sure you had an opportunity to raise any concerns. You’ve done that and are doing that, and that will help us provide the clarity you deserve. Thank you for your help in making sure that Instagram continues to thrive and be a community that we’re all proud of. Please stay tuned for updates coming soon.

Sincerely,

Kevin Systrom co-founder, Instagram

Courtesy ABC 27 News – Attorney Creigh Martson Comments

Task force to look into child protection laws. “Our first requirement was to address the issue of mandated reporters,” Jason Kutulakis said. “The secondary requirement was to re-instill public confidence in the child welfare system.”

By Laura Kennedy

After a string of questionable investigations into accusations of child abuse, including the case involving former assistant football coach Jerry Sandusky, a task force created by the Pennsylvania Legislature announced its recommendations Tuesday.

The Pennsylvania Task Force on Child Protection, formed in December 2011, released their recommendations based on a wide variety of cases, said Jason Kutulakis, member of the task force and senior partner at Abom & Kutulakis LLP.

While it would be unfair to say that it did not influence the board, Kutulakis said the Sandusky case was not the primary focus of the 11 member group. The task force looked at a variety of high profile cases, such as the issues surrounding the Archdiocese of Philadelphia and also spoke to parents of child abuse victims, he said.

The board calls for “sweeping changes,” and “essentially a complete [rewrite] of the Child Protective Services Law,” according to the recommendations.

The recommendations focus attention specifically on different definitions within the child abuse laws, Kutulakis said. The task force requires that many words such as “child abuse,” “perpetrators” and “mandatory reporters,” be looked at closely and redefined, according to the recommendations.

While sitting in the Senate listening to experts from across the state, the 11 members of the Pennsylvania Task Force on Child Protection kept two goals in mind.

“Our first requirement was to address the issue of mandated reporters,” Kutulakis said. “The secondary requirement was to re-instill public confidence in the child welfare system.”

Sandusky was convicted of 45 counts of sexual abuse in late June and sentenced to 30 to 60 years in prison in October.

Read Wednesday’s edition of The Daily Collegian for more details.

Pennsylvania Task Force on Child Protection’s ‘common sense’ draws praise from advocacy groups

A state-appointed task force that spent the past year studying child protection laws generally got rave reviews from advocacy groups for the far-reaching recommendations contained in its 400-plus-page report.

The Task Force on Child Protection issued its final report Tuesday based on testimony from experts at 11 public hearings.

Pennsylvania Task Force Bucks County District Attorney David Heckler holds up a copy of a report from the Pennsylvania Task Force on Child Protection during a news conference Tuesday, Nov. 27, 2012 at the capitol in Harrisburg, Pa. Pennsylvania should enact “sweeping” changes to state child abuse laws, the legislative commission concluded Tuesday after a year of study prompted by Jerry Sandusky’s arrest on child molestation charges. The Pennsylvania Task Force on Child Protection’s recommendations include rewriting state law, redefining what constitutes child abuse and expanding the list of people who are required to report suspected abuse.(AP Photo/Bradley C Bower) The Associated Press

“I am just absolutely thrilled with the work they did. They really did succeed with putting the protection of kids above the convenience of adults,” said Angela Liddle, executive director of the Pennsylvania Family Support Alliance. The agency trains employees who are required by law to report suspected child abuse.

Joan Benso, president and CEO of Pennsylvania Partnerships for Children, a Harrisburg-based children’s advocacy group, echoed the praise, saying it includes “common sense that can better protect kids.”

Dauphin County Chief Deputy District Attorney Sean McCormick noted, however, that it’s sad that it took a tragedy such as the Jerry Sandusky child sex scandal “to sometimes get us focused.”

The task force recommended strengthening the penalty for mandated reporters who fail to report suspected child abuse from a third-degree misdemeanor to a second-degree misdemeanor. McCormick, who praised the report, had urged the task force to consider recommending that the penalty match the seriousness of the abuse.
I am thrilled with the work they did. They really did succeed with putting the protection of kids above the convenience of adults. — Angela Liddle

“It may not be what I asked them to do, but it’s a recognition that it needs to be a higher penalty,” he said.

Some fretted that the report doesn’t call for a state ombudsman to handle complaints when the system fails abused children. Others were disappointed that it skirted the issue of opening a window for past victims to report abuse after the statute of limitations has expired.

Liddle was disappointed that the task force recommended criminal sanctions for making false abuse reports. She said she understands the task force intended to discourage people from making reports for malicious reasons, but she fears the sanctions might cause people to hesitate to report abuse.

Jim Buckheit, executive director of the Pennsylvania Association of School Administrators, said the panel’s recommendation to change the law so teachers and school personnel report suspected abuse to ChildLine, the state’s child abuse hotline, rather than leave that reporting to their administrators, is a concern.

Administrators “would prefer to know everything going on in their school district and be informed about any incidents that take place in the school district,” Buckheit said.

The panel said this recommendation was intended to be a check and balance in the reporting system. Task force member Jason Kutulakis said it was made in response to the Sandusky case in which three Penn State administrators stand accused of not reporting child sex abuse allegations on campus, in addition to other charges.

Lawmakers and Gov. Tom Corbett pledged to get to work in early 2013 to move the recommendations through the legislative process.

“It’s my hope that we can take the work of the task force to help create a culture that promotes greater awareness, more accountability and better coordination,” Corbett said.

Several advocates talked about the need for a culture change in Pennsylvania when it comes to protecting children, and that likely will entail time and money. But Liddle said getting this roadmap from the task force is “is a great first step toward strengthening child protection in Pennsylvania.”

Jason Kutulakis, senior partner of Abom & Kutulakis LLP in Carlisle, joined the Pennsylvania Child Abuse Task Force last January. “Usually what happens is a band aid approach, where one piece of legislation is passed at a time,” Kutulakis said. “This was a comprehensive overhaul to child abuse laws which hasn’t been done in 20 years.”

For one Carlisle lawyer, the Jerry Sandusky scandal wasn’t just a tragedy — it was the failure of an “antiquated” child protection law that is in need of a complete overhaul.

Jason Kutulakis, senior partner of Abom & Kutulakis LLP in Carlisle, joined 10 other attorneys, doctors, judges, social workers and education officials on the Pennsylvania Child Abuse Task Force last January. Their mission: suggest revamps to the child protection law so that perpetrators, such as Sandusky, will never again slip through the cracks and evade prosecution for so long.

“Usually what happens is a band aid approach, where one piece of legislation is passed at a time,” Kutulakis said. “This was a comprehensive overhaul which hasn’t been done in 20 years.”

The task force released a 445-page final report Tuesday, detailing their recommendations for state legislators to best address the current law.

Pennsylvania’s child abuse law, as it stands, defines child abuse through the narrow lens of physical violence, leaving those responsible for reporting suspected sexual abuse in a cloud of uncertainty.

“We have striven in our deliberations to recommend courses of action and legislative changes which will improve the protection of children in this Commonwealth, first and above all else,” said task force chairmain David W. Heckler in the opening pages of the report.

“While we didn’t provide specific language, we made recommendations for the use of child advocacy centers and the mandate to utilize multidisciplinary investigative teams in each county,” Kutulakis said.

The report recommends expanding definitions under the current law, including child abuse, mandated reporter and perpetrator, as well as establishing a multidisciplinary investigative team for every county in the state, granting immunity to all mandated reporters and requiring employees of colleges and universities be prosecuted for failure to report suspected child abuse.

“We recognize that the Sandusky and Philadelphia Archdiocese scandals have made child abuse prevention a hot topic for now,” Heckler said. “History tells us that once there has been a legislative response, there will be a tendency for the subject to then move to the back burner where it may languish for years. Children will be far better served if there is a continued attention and gradual evolution of our policies, and we hope that our proposals will make that more likely.”

Kutulakis said the task force based these recommendations off the testimony of professionals, experts, stakeholders and the parents of victimized children given over an 18-day period last January.

“They all provided their position on what was wrong with the system and provided some proposed solutions,” he said. “We (the task force) continued to meet beyond those days for countless hours to create this report.”

After 11 months of drafting, Pennsylvania legislators finally received the chance to read and respond to the task force’s report on Tuesday.

Rep. Stephen Bloom, R-199, applauded the task force’s efforts and said he thinks legislation to implement the recommendations will be widely supported in the state house.

“There is a lot of anticipation for this report and I believe my colleagues are going to be eager to move swiftly toward implementing the bulk of the recommendations,” he said. “Obviously the Sandusky case exposed a lot of deficiencies in the current laws, so I am eager to work with the governor toward implementing many of the recommendations from the task force so that we can protect victims more effectively and sooner.”

Sen. Pat Vance, R-31, said the report included many “good things.”

“I do like the fact that the person reporting (the abuse) is granted immunity,” she said. “That will hopefully encourage people to report suspected abuse without fear of losing their job.”

Vance said she has proposed legislation in the past aimed at implementing training programs for mandated reporters and expanding their protection from reprehension, but received no support from the state senate.

Ultimately, Vance said the bill’s recommendations, although beneficial, come at an unknown cost to the Commonwealth.

“Some of the definitions can be easily changed,” she said. “The investigative team is all good stuff, but we don’t know how much it’s going to cost.”

Kutulakis said the recommendations are both immediate and long-term, but well worth the investment.

“If this report is adopted in its entirety,” he said, “Pennsylvania will be a leader is child abuse prevention, investigation and prosecution. Placing a victim child’s needs above all else will revolutionize our system.”

Courtesy of Christen Croley, The Sentinel

Task force member Jason Kutulakis, a Carlisle attorney at Abom & Kutulakis, L.L.P., said he considered the most pressing recommendation be the expanded use of multidisciplinary investigative teams and additional child advocacy centers, so that they are located within a 90-minute drive of any Pennsylvania child.

HARRISBURG, Pa. (AP) — Pennsylvania should enact sweeping changes to its child abuse laws, including stronger penalties for failing to report the crime, a legislative commission concluded Tuesday after a year of study prompted by Jerry Sandusky’s arrest on molestation charges.

The Pennsylvania Task Force on Child Protection recommended rewriting state law, redefining what constitutes child abuse and expanding the list of people who are required to report suspected abuse.

“We propose a transformation in the way information concerning child abuse is handled and maintained, the way in which crimes against children are investigated in parts of the state, and the way in which those with a responsibility for the well-being of children are trained,” said David Heckler, the Bucks County district attorney who chaired the panel.

The recommendations are nonbinding and will probably require a set of as-yet-unwritten bills for the Legislature to consider when it convenes for a new two-year session in January.

“Strengthening these laws must be done as soon as possible, but we should recognize that it cannot be done overnight,” Heckler said.

The Republican leader in the state Senate praised the report and said he expected some bills would move to the governor early next year, saying there would be swift action in some cases.

“We are fully prepared to commit the time and effort necessary to make our state safer for children,” said Majority Leader Dominic Pileggi.

Sandusky, a 68-year-old former Penn State assistant football coach, is serving a 30- to 60-year state prison sentence after being convicted this summer of 45 counts of sexual abuse of 10 boys. He maintains his innocence and is pursuing appeals.

Heckler acknowledged that the Sandusky and Roman Catholic priest molestation scandals provided the impetus for the creation of the task force but said the panel took a wider view.

“What we did here is not a knee-jerk reaction to anything. It is a seizing of the opportunity to look at the whole system” and gather advice from experts, he said.

One of its proposals, to increase the use of investigative teams from various fields for child abuse cases, may have prevented additional victims after Sandusky’s acts drew the attention of police and child welfare workers more than a decade before his arrest, Heckler said.

“I firmly believe if there had been a multidisciplinary team in Centre County in the late ’90s and early 2000s, that you would have heard about Jerry Sandusky then,” he said.

Dr. Cindy W. Christian, a child-abuse pediatrician at Children’s Hospital of Philadelphia and professor of pediatrics at the University of Pennsylvania, said the proposed expansion of the definition of child abuse in Pennsylvania is central to the recommendations.

The present definition “is so narrowly defined that what is child abuse in every other state in this country is not necessarily child abuse in Pennsylvania,” said Christian, a task force member.

Under current law, children have to show they experienced severe pain in order to substantiate abuse claims. The 11-member task force said that requirement should be eliminated and a lower bar established.

Other highlights of the recommendations include enlarging the pool of people labeled as “perpetrators” under one state law. Task force members said such a change would get more children help from county agencies, help authorities identify more abusers, provide a more complete picture of the amount of abuse and likely lead to more criminal investigations.

The task force also suggested setting harsher penalties when people who are required to report abuse fail to do so.

Those who should be required to report suspected abuse also should be expanded to include college administrators and employees, coaches, lawyers and computer repair people who encounter images of child abuse, the committee said.

The definition of sexual abuse also should be expanded to include sexually explicit conversations, the panel said.

Under the recommendations, more people would find themselves subject to the child endangerment criminal statute, including anyone who knowingly acts to prevent police or child welfare workers from learning of abuse in order to protect someone.

Task force member Jason Kutulakis, a Carlisle attorney, said he considered the most pressing recommendation be the expanded use of multidisciplinary investigative teams and additional child advocacy centers, so that they are located within a 90-minute drive of any Pennsylvania child.

Three Penn State officials face related charges for their actions in response to complaints about Sandusky acting inappropriately with children in Penn State showers: the university’s former president Graham Spanier, former athletic director Tim Curley and former vice president Gary Schultz. Each has said he is innocent.

by The Associated Press – Courtesy of NPR

CHILD PROTECTION IN PENNSYLVANIA: PROPOSED RECOMMENDATIONS REPORT OF THE TASK FORCE ON CHILD PROTECTION (Released 11/27/12)

View Report – Child Advocate, Attorney Jason Kutulakis Committee Member

Homicide suspect was on bail at time of killing

CARLISLE, Pa. (WHTM) –

Police say the man who led Sunday night’s murder of a Hess gas station clerk was released from Cumberland County Prison on $125,000 unsecured bail only 11 days earlier.

Earlier this month, Shante Rice, 19, was charged with a recent burglary spree in Carlisle in which two men were caught trying to sell stolen jewelry and a car was stolen. On November 7, Rice was released from prison.

Before that incident, Rice was charged with several other crimes, including theft, harassment, corruption of minors, receiving stolen property and trespassing.

Still, legal experts say bail is relative to the crime someone has been charged with, and is not meant to be a punishment.

Jason Kutulakis, of Abom and Kutulakis law firm, explained the main purpose of bail is to secure an upcoming court appearance.

“Bail is a tool that’s set by the Magisterial District Judges,” he said, “It’s primary purpose is to compel the accused, the defendant, to appear at a hearing that is going to be scheduled in the future.”

According to court documents, nobody was present during the burglaries Rice was charged with in early November. It is important to note that the judge may have considered that fact when determining bail.
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Courtesy of ABC27 – Jeannie Flitner

Sanduskey Asks Judge to Throw Out Conviction


John Abom Comments – Courtesy of ABC27

What’s next for Sandusky?

BELLEFONTE, Pa. (WHTM) –

Through a hurricane of camera clicks, Sandusky did not speak a word as he was led from the Centre County Courthouse after learning he will spend at least the next 30 years in prison.

Wearing a red prison jumpsuit and holding a manila envelope, the 68-year-old convicted child rapist was put into a sheriff’s office cruiser Tuesday and hauled off to the Centre County Prison for the next 10 days.

What’s next?

Barring any delay by post-sentence motions, Sandusky is expected to be transferred to the state prison in Camp Hill late next week. As part of standard procedure he will be strip searched, showered, and handed a dark state prison uniform.

Fran Chardo, First Assistant District Attorney for Dauphin County, said Sandusky will then undergo a full evaluation process.

“They’ll decide what prison to send him to,” Chardo said. “That might take six to eight weeks for them to classify him.”

Sandusky will receive a medical and mental health checkup. His escape risk and suicide threat risks will be calculated.

Chardo said Sandusky most likely will not serve out his 30- to 60-year sentence in Camp Hill. Based on the results of the evaluations, he likely will be transferred to another state prison.

Legal experts said because of Sandusky’s age, he may be transferred to a state prison that specialized in geriatrics. Correctional facility officials will also take into account Sandusky’s high-profile status. Because he is a convicted child predator, many understand that is a vulnerable label among the inmate population.

Carlisle attorney Jay Abom said corrections officers are obligated to protect him.

“That might mean solitary confinement because they can be assured that nobody is going to cause him any harm,” Abom said.

The 10-day window will allow attorneys to file any post-sentencing motions. Sandusky’s defense attorney, Joe Amendola, had said he plans to file motions regarding procedure.

Abom said that after the post-sentence motions are filed, the next step is to appeal the case to the Pennsylvania Superior Court. Amendola is also expected to file complaints that the defense team was not given enough time to prepare for trial.

Abom said Amendola has been allowed to file post-hearing evidence and is allowed to do so until Sandusky’s death. That is why Sandusky has maintained his innocence, according to Abom: to resolve himself from conflict when appealing the convictions.

However, in Abom’s legal opinion, the defense has no chance.

“That they haven’t done so four months later tells me that there’s nothing out there they’re going to find,” Abom said.

Kathleen Kane, the Democratic candidate for state attorney general, believes the Sandusky scandal will become a positive beacon for transparency. She said that if elected, she will make sure all sex abuse victims have a voice.

Currently, the statue of limitations to report sex abuse crimes is under scrutiny.

“It’s an arbitrary number to state that at the age of 50 a person who was the victim of child sex abuse ought to be able to come forward and say the most horrific acts that ever occurred to them,” Kane said. “We need to make sure that statute is taken away.”

Kane’s Republican opponent, Cumberland County District Attorney David Freed, also reacted to Sandusky’s sentence in a statement.

“I, along with my law enforcement colleagues across Pennsylvania, am incredibly grateful to the courageous victims of these crimes who came forward, as adults, to tell their horrific stories,” Freed said. “Without the cooperation and resolve of these victims, there would be no case and another predator would be walking our streets free to harm again.”

Courtesy of ABC27 – By Dave Marcheskie

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Pa. lawyers launch child abuse reporting ed effort

HARRISBURG, Pa. — Pennsylvania lawyers are teaming up to educate the public about reporting suspected child abuse.

The state bar association and 36 county bar associations announced a campaign Monday that focuses on the Child Protective Services Law and how people can alert authorities to suspected abuse.

They’re spreading the word about the state-run ChildLine for abuse reports, which is available at all hours at 800-932-0313.

State law makes some people mandatory reporters of suspected abuse, including certain workers in education and health care.

Figures from last year indicate more than 24,000 cases of suspected abuse were reported last year, and about 3,400 were substantiated.

Thirty-four children died from abuse in the state in 2011, with parents responsible in about three out of four of those cases.

Courtesy of The Associated Press

Jason Kutulakis was a member of the Pennsylvania Supreme Court Juvenile Procedural Rules Committee (2001-2007) and the Pennsylvania Bar Association’s Children’s Rights Committee. He was selected by the Pennsylvania Bar Association Children’s Rights Committee. as the 2006 Child Advocate of the Year for his outstanding advocacy work on behalf of children throughout the Commonwealth. He is the solicitor for Dauphin County Social Services for Children and Youth.