12-Year-Old Girl Sues School for Spying on Her Facebook Account

Originally posted by Sharpenmycleats

Originally posted by Maponos

Originally posted by Sharpenmycleats

Originally posted by Maponos

Originally posted by jude11

Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.

edit on 11-3-2012 by elevatedone because: (no reason given)

That would apply to a vast majority of accounts I believe.

But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace

She doesnt have a right to free speech on a platform which it is not legal for her to have an account on if thats what your getting at.

Perhaps a bit of both would have been more applicable, school could have contacted facebook and had her banned, or the police if they believed she was doing anything illegal.

Funny how you will quote she has no right to an account therefore she as no rights. I guess you come to that determination by reading line 5 under the Registration and Account Security of the Facebook terms and responsibility agreement.

Given that read line 8 which states she has no right to share her password either!

4 Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Facebook if you are under 13.
You will not use Facebook if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
 

School should have gotten a warrant? As for signing up as an underage account, this is not criminal. Facebook should simply shut down her account.

Why is it so difficult for organizations that oversee minors find it so difficult to call the parents and sit down with them. Where do these whackos with a smidgen of authority think they have the right to start interrogating minors. These fools should not be in the authoritative position. There was nothing to demonstrate that anyone was in imminent danger. Sorry to say some pink slips to some administrators are in order.

Exactly my point IF she had been 13, shes already in breach before she gets to sharing her password so that is irrelevant, hence why I wonder if they would have done this had she been old enough to hold an account herself.

Being 12 and opening a Facebook account is not a crime, and has nothing to do with her legal rights. If you don't like the fact that she was able to establish an account as a 12 year old, then complain to Facebook about their new account review policy. She made no threats of retaliation to this "mean" hall monitor so I fail to see where the school had the right to break the law by violating her human rights, by detaining her and interrogating this minor child without the presence of an adult legal guardian or attorney.

So what is Exactly your point?

Ahh so now its human rights as opposed to 1st Amendment and 4th Amendment rights?

She has no right to free speech on facebook, her account is in violation of the T&Cs and as for the 4th amendment, I am not American so wouldnt know whether the school would be considered "public" thus making a search illegal, Im thinking the school have a right to make searches where required?

Secondly I have no idea whether the 4th amendment would apply to a facebook account of someone who shouldnt be using it.

Ban her from facebook permanently, expel her from school, let the girl jump in front of cars and sue the drivers for a living.

PS I see from your link this is turning into another "lets dox everyone involved" and whilst i may support that in the case of police officers commiting blatant criminal acts against protesters, I certainly do not condone it here. The girls parents are clearly not fit to raise her. They are to blame, so if anyone has their personal details then lets get this ball rollling?

ok thought not, but works both ways you see. PS maybe if we had her name/facebook we could see exaclty what shes been saying lol joking of course, kinda ;P

Originally posted by Maponos

Originally posted by dayve
12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?

cos american kids seem to like shooting up their schools, the school have to think of the safety of other students. Obviously someone was concerned enough to complain, not once but 3 times. A responsible adult took control of her illegally held account, tough luck.

while it is very sad to see these things happen, in reality you are talking about isolated cases and the deaths associated with them to be very low as compared to the over all population. by all means though lets all give up our privacy, rights and liberty's so 15-30 kids can be saved out of 100 million plus. this doesn't even take into effect that you can't even show that eroding the right's of millions would even safe a life.

reply to post by Maponos




Wow, I cannot even take you serious when you make statements about the parents being "unfit". Thanks for stating you are not American that explains a lot. We have rights in our country about detaining our citizens and the legal due process that is required. Based on the information currently provided in the court record none of these rules were followed in this case.

I also find it laughable that a minor child stating the hall monitor was "mean" constitutes reasonable cause to detain her and grill her illegally. Don't mistake this with kids stating on social networks that they plan to do harm to other students or teachers and then carry out these atrocities. You will not take away my freedoms due to the criminal acts of a few idiots!

Originally posted by LittleBlackEagle

Originally posted by Maponos

Originally posted by dayve
12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?

cos american kids seem to like shooting up their schools, the school have to think of the safety of other students. Obviously someone was concerned enough to complain, not once but 3 times. A responsible adult took control of her illegally held account, tough luck.

while it is very sad to see these things happen, in reality you are talking about isolated cases and the deaths associated with them to be very low as compared to the over all population. by all means though lets all give up our privacy, rights and liberty's so 15-30 kids can be saved out of 100 million plus. this doesn't even take into effect that you can't even show that eroding the right's of millions would even safe a life.

edit on 11-3-2012 by LittleBlackEagle because: (no reason given)

You leave your rights at the door when you join facebook

If she was a threat an alert from Palantir would flag up at CIA, but then of course they may decide to allow it to happen in order to drive an agenda through, watch the video/read the book in this link to understand what im on about.
www.abovetopsecret.com...

We could prevent the shootings by removing access to firearms or parents could actually try locking their guns away. In this case she was a third time offender so sorry no sympathy and anyway this is not the sort of case you want to go elevating in any privacy battle as she should not have been on it in the first place.

If you think about it its the perfect case for TPTB to use since people will not come down evenly on either side so they can say only 50% of people were against it so we've decided to make it mandatory. Choose your battles wisely my friends.

This is simply a silly little girl making silly little comments on her facebook account she shouldnt even have. My post above details how I think she should be handled.

Originally posted by Maponos

Originally posted by LittleBlackEagle

Originally posted by Maponos

Originally posted by dayve
12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?

cos american kids seem to like shooting up their schools, the school have to think of the safety of other students. Obviously someone was concerned enough to complain, not once but 3 times. A responsible adult took control of her illegally held account, tough luck.

while it is very sad to see these things happen, in reality you are talking about isolated cases and the deaths associated with them to be very low as compared to the over all population. by all means though lets all give up our privacy, rights and liberty's so 15-30 kids can be saved out of 100 million plus. this doesn't even take into effect that you can't even show that eroding the right's of millions would even safe a life.

edit on 11-3-2012 by LittleBlackEagle because: (no reason given)

You leave your rights at the door when you join facebook

If she was a threat an alert from Palantir would flag up at CIA, but then of course they may decide to allow it to happen in order to drive an agenda through, watch the video/read the book in this link to understand what im on about.
www.abovetopsecret.com...

We could prevent the shootings by removing access to firearms or parents could actually try locking their guns away. In this case she was a third time offender so sorry no sympathy and anyway this is not the sort of case you want to go elevating in any privacy battle as she should not have been on it in the first place.

If you think about it its the perfect case for TPTB to use since people will not come down evenly on either side so they can say only 50% of people were against it so we've decided to make it mandatory. Choose your battles wisely my friends.

This is simply a silly little girl making silly little comments on her facebook account she shouldnt even have. My post above details how I think she should be handled.

Wrong! You do not leave your rights at the door ever! Even criminals committing a crime (which this girls did not commit) have rights. That's right a guy breaking into my house has rights.

Originally posted by Sharpenmycleats
reply to post by Maponos

 

Wow, I cannot even take you serious when you make statements about the parents being "unfit". Thanks for stating you are not American that explains a lot. We have rights in our country about detaining our citizens and the legal due process that is required. Based on the information currently provided in the court record none of these rules were followed in this case.

I also find it laughable that a minor child stating the hall monitor was "mean" constitutes reasonable cause to detain her and grill her illegally. Don't mistake this with kids stating on social networks that they plan to do harm to other students or teachers and then carry out these atrocities. You will not take away my freedoms due to the criminal acts of a few idiots!

In my view all parents who allow their under 13 year olds on facebook are unfit, clearly dont give 2 #s about their kids, given all the threats online.

I thought illegal detention might mean, O I dont know Guantanamo? Not being taken to a head teachers office. I presume the hall monitor is a pupil too, try looking at it from that pupils point of view, some daft lassie trying to incite things against them.

Originally posted by Maponos

Originally posted by LittleBlackEagle

Originally posted by Maponos

Originally posted by dayve
12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?

cos american kids seem to like shooting up their schools, the school have to think of the safety of other students. Obviously someone was concerned enough to complain, not once but 3 times. A responsible adult took control of her illegally held account, tough luck.

while it is very sad to see these things happen, in reality you are talking about isolated cases and the deaths associated with them to be very low as compared to the over all population. by all means though lets all give up our privacy, rights and liberty's so 15-30 kids can be saved out of 100 million plus. this doesn't even take into effect that you can't even show that eroding the right's of millions would even safe a life.

edit on 11-3-2012 by LittleBlackEagle because: (no reason given)

You leave your rights at the door when you join facebook

If she was a threat an alert from Palantir would flag up at CIA, but then of course they may decide to allow it to happen in order to drive an agenda through, watch the video/read the book in this link to understand what im on about.
www.abovetopsecret.com...

We could prevent the shootings by removing access to firearms or parents could actually try locking their guns away. In this case she was a third time offender so sorry no sympathy and anyway this is not the sort of case you want to go elevating in any privacy battle as she should not have been on it in the first place.]/b]

If you think about it its the perfect case for TPTB to use since people will not come down evenly on either side so they can say only 50% of people were against it so we've decided to make it mandatory. Choose your battles wisely my friends.

This is simply a silly little girl making silly little comments on her facebook account she shouldnt even have. My post above details how I think she should be handled.

yeah, because criminals always follow the law.

just the simple fact that the school had law enforcement present without a parent or legal council present, should send a flag up. two wrongs still don't make a right my friend.

reply to post by Sharpenmycleats


You ever read the T&Cs ? You do leave your rights at the door as your data become theirs to do what they like with once you upload it. They can sell your photos to pornodate or whatever they like, Freedom of speech also does not exist on facebook as they can choose to censor whatever they like and frequently do. Simply saying, "hey man we should go out and start a riot lol" got people jailed where I live.

reply to post by LittleBlackEagle


Ok I do agree to a point, if there are certain protocols which need to be followed so be it, however the fact that they have called LEO suggests this was being taken quite seriously, how do you know her parents werent "unobtainable due to alcohol" btw I mean they dont give a crap what she does online, maybe they couldnt give a rats ass about her schooling either, or maybe this was a ploy to get rich via the courts all along.

I dont think she has a privacy right regarding facebook at 12, on the other hand her email could be a completely different matter.

Please educate yourselves regarding facebook, I suspect they didnt decide to host the US accounts in Lapland cos they wanted to be closer to Santa.

When some of the most respected names in IT describe it as the "greatest social engineering tool of all time" you should take notice.

Originally posted by Maponos
reply to post by Sharpenmycleats

 

You ever read the T&Cs ? You do leave your rights at the door as your data become theirs to do what they like with once you upload it. They can sell your photos to pornodate or whatever they like, Freedom of speech also does not exist on facebook as they can choose to censor whatever they like and frequently do. Simply saying, "hey man we should go out and start a riot lol" got people jailed where I live.

edit on 11-3-2012 by Maponos because: (no reason given)

Property rights are completely different than civil rights. The school violated this girls civil rights by detaining her without cause over non threatening free speech on the Internet. Just because I make a statement on a social network (even if I am not allowed to post on this network) does not give someone the right to detain me and interrogate me. Especially if I am a minor. Not sure what part of this you are not getting. You seem to believe that the terms of usage with a social network usurps laws of that country. They don't, period.

Privacy issues do not apply, according to the rules of facebook.

Have to be 13 to have a facebook account, allegedly according to the rules.

But, who really cares. Rules? Laws? You don't know the number of them, nor will you in your lifetime. It's not like all the rules and laws are required learning in schools or anything.

Solution? Hire more lawmakers to make more laws. Sounds reasonable enough, right?

This is the parent's responsibility to monitor kids. Not Facebook. Not the schools. If the parents don't do their job in supervising their kids, then ste state does have some responsibility there.

But blatant spying on kids without their parents knowlege is an uncalled for invasion of privacy. For those who say if you want privacy to keep away from Facebook ...try telling that to an actual 12 year old.

Yes the girl has shared her opinion with regards to her school on Facebook, which she has not the right age to use yet, but WHAT if she would have written the same in her school's student newspaper, probably she would have gotten into same trouble for freely expressing her opinion. It is not about WHERE she expressed it, but HOW the school dealt with the students disapproving critical attitude. Have they tried to ask her about the root cause of her disapproval, cause that would have taught the child a more valuable lesson about democracy instead.

I think there are two sides to the Facebook data collection issue. The first is with the people who created it. (CIA, In-Q-Tel, you know who). They collect the information from it and use it for sociology and general intelligence. The second group of people are everyday bystanders like you and me. This is usually undercover cops or school officials on the prowl for underage drinking and other behavior they don't want to associate with. I don't recommend using Facebook for anything but anonymous communication. Setup a fake account (like the rules have ever stopped you from doing anything before) and if anyone asks you for your Facebook or email and login password you can tell them you don't have one.

The school has no right to look at her facebook. Violating the terms and services of FB, doesn't matter. It is not the schools authority, only the parents and facebook itself.

When I was in school I said I hated my teachers/complained about them to fellow students and nothing would have stopped me. It is outside of school in which the school has NO authority over what their students do with their private life.

Originally posted by starseedflower
Yes the girl has shared her opinion with regards to her school on Facebook, which she has not the right age to use yet, but WHAT if she would have written the same in her school's student newspaper, probably she would have gotten into same trouble for freely expressing her opinion. It is not about WHERE she expressed it, but HOW the school dealt with the students disapproving critical attitude. Have they tried to ask her about the root cause of her disapproval, cause that would have taught the child a more valuable lesson about democracy instead.

Still many people in positions of power have not yet understood the leadership principle and good practice of the inverted pyramid, it is not from top down to bottom, rather the opposite and this is the only way to ensure authority within an institution is respected and through enclosing the views of the many high integrity standards are maintained. This applies to schools, work places and governments alike.

Oh my....Facebook is a piece of garbage. The number of problems it causes is like a recurring, festering wound pervading society. On the surface it may appear like a great tool but alas; I'm glad I deleted my account long ago.

I'm on the girls side with this one.

She shouldn't have been on facebook in the first place, Her account was against the T&C of facebook, and as such I believe she doesn't have a leg to stand on. Also The school is considered her guardian while on school grounds. Parents need to realise that facebook isnt private its the exact opposite of that. Everything you say can and most likely will be read by thousands of other people all over the world. All she needs to do is to have 1 friend who's also a friend of a faculty member and they wouldn't have even had to get her password to read what she had said. We shouldn't be gloryfing social media to children the way we are anyway.

Imo the blame lands solely on her and her parents. If you let your child who's a minor onto facebook and then get upset when something like this happens, Then thats bad parenting and tough luck.

Originally posted by Esotericizm
She shouldn't have been on facebook in the first place, Her account was against the T&C of facebook, and as such I believe she doesn't have a leg to stand on. Also The school is considered her guardian while on school grounds. Parents need to realise that facebook isnt private its the exact opposite of that. Everything you say can and most likely will be read by thousands of other people all over the world. All she needs to do is to have 1 friend who's also a friend of a faculty member and they wouldn't have even had to get her password to read what she had said. We shouldn't be gloryfing social media to children the way we are anyway.

Imo the blame lands solely on her and her parents. If you let your child who's a minor onto facebook and then get upset when something like this happens, Then thats bad parenting and tough luck.

edit on 12-3-2012 by Esotericizm because: (no reason given)

So calling in the principal, teachers and police to intimidate a 12 yr old child into giving her password without parents being present is ok with you? Wow!

Welcome to the NWO. Please report your neighbors for mowing their lawn on a Sunday afternoon because if you see something, say something right?

Peace

Facebook paves the way for more sinister forms of social interaction.

When the only contact most people have is digital it will be harder to tell who are the pod people.