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

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posted on Mar, 12 2012 @ 12:59 AM
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reply to post by Maponos
 


You know, I've read all your posts on this topic and all I can say is... you are COMPLETELY missing the point.

Facebook rules state you should not use unless you are 13. It does not say it is illegal, and that you have absolutely no rights if you do. Please point out where it says this, because you seem to adamantly believe this.

The issue is that this school broke many laws in taking these actions against this student. First and foremost, her parents should have been notified. Second, any activity that happens off of school grounds is NONE of the schools business. Had she been threatening to kill a teacher or something might be a different story. Complaining that a hall monitor was mean is different.

Her account, whether you like it or not was private. If it was not, they would not have had to access her account to see her posts. If her parents deemed it OK for her to have an account, that is their business. If Facebook had such a major problem with it, they would be cracking down. So your argument that she has no legal rights is pointless. Your just trying to justify this illegal action because according to you, she had no legal right to have a Facebook account. Facebook doesn't do any sort of age verification. If it were a major concern of theirs, they would. But apparently Facebook decided to leave it up to children's parents. As it should be. And your argument about her having a right or not to use Facebook doesn't even pertain to this matter.

What does is that the school, and the sheriffs department decided to play parent to this student, without the parents knowledge or permission. They gravely overstepped their bounds by invading her privacy as well as coercing her into divulging private information. The school, and the sheriffs department should be sued and those involved in these actions should be fired immediately. Too often we just let so called authorities get away with breaking the law. This country is turning more and more into a police state. Their goal is clearly to indoctrinate our children into "obeying" authority without question. The school, the teachers involved and the Sheriffs department clearly broke several laws in this matter and they deserve the exact same punishment that would be delivered to a private citizen who committed the same crime.




posted on Mar, 12 2012 @ 01:02 AM
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Common sense died in it's sleep awhile ago and privacy decided to go on holiday as a concept to most and a value to few. While I have my disregard for this cultural paradigm shift I find it more alarming that those in the position to abuse this the most do so blatantly and openly.



posted on Mar, 12 2012 @ 01:03 AM
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Originally posted by DerekJR321
reply to post by Maponos
 


You know, I've read all your posts on this topic and all I can say is... you are COMPLETELY missing the point.

Facebook rules state you should not use unless you are 13. It does not say it is illegal, and that you have absolutely no rights if you do. Please point out where it says this, because you seem to adamantly believe this.

The issue is that this school broke many laws in taking these actions against this student. First and foremost, her parents should have been notified. Second, any activity that happens off of school grounds is NONE of the schools business. Had she been threatening to kill a teacher or something might be a different story. Complaining that a hall monitor was mean is different.

Her account, whether you like it or not was private. If it was not, they would not have had to access her account to see her posts. If her parents deemed it OK for her to have an account, that is their business. If Facebook had such a major problem with it, they would be cracking down. So your argument that she has no legal rights is pointless. Your just trying to justify this illegal action because according to you, she had no legal right to have a Facebook account. Facebook doesn't do any sort of age verification. If it were a major concern of theirs, they would. But apparently Facebook decided to leave it up to children's parents. As it should be. And your argument about her having a right or not to use Facebook doesn't even pertain to this matter.

What does is that the school, and the sheriffs department decided to play parent to this student, without the parents knowledge or permission. They gravely overstepped their bounds by invading her privacy as well as coercing her into divulging private information. The school, and the sheriffs department should be sued and those involved in these actions should be fired immediately. Too often we just let so called authorities get away with breaking the law. This country is turning more and more into a police state. Their goal is clearly to indoctrinate our children into "obeying" authority without question. The school, the teachers involved and the Sheriffs department clearly broke several laws in this matter and they deserve the exact same punishment that would be delivered to a private citizen who committed the same crime.





BAM!!!

Couldn't agree more and well spoken!


Cheers and star...


Peace



posted on Mar, 12 2012 @ 01:08 AM
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reply to post by DerekJR321
 


Schools don't seem to have a problem breaking laws these days. When I was in 9th grade, I was interogated in the principal's office for 5 hours, threatened numerous times with a strip search, and my parents weren't even notified until after the fact. Kids don't even have rights if you ask some people....



posted on Mar, 12 2012 @ 01:37 AM
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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)



Look, her signing up for Facebook is between her, her parents and Facebook, it's not a criminal offense. Nor is stating her hall monitor is " mean".

The ACLU will win this one and some adminstrators at the school need pink slips. I would be outraged if my minor child was detained and questioned over a non threatening, non violet unapproved Facebook post! Especially without an adult legal guardian or attorney present.

Who are these people.



posted on Mar, 12 2012 @ 04:22 AM
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She's a minor, should have been handled by her parents, end of story.

Her parents should educate her as to what face book really IS!!



posted on Mar, 12 2012 @ 05:57 AM
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When I was a sophomore in highschool, many years ago, I was called into the office (reason withheld) and was interrogated. I freaked out and demanded that they called my parents. It took me to destroy the office before they called my parents. Did they ever call security or hold me down? NO!! Because they KNEW they were WRONG!!!!!And let me tell you, my parents were so pissed off they pulled me out of that school!! Am I thankful, Oh hell yeah!

This to me is not about NWO, like I said, this happened to me in the early 80s.....Schools think they can do anything they want, nothing new.

What they did to this girl was wrong. Her parents should have been notified immediately! This is why I homeschool!! The school system is a joke.



posted on Mar, 12 2012 @ 06:19 AM
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What the hell is it with power trippers wanting people's Facebook passwords?

There was a thread here not that long ago about Correctional Services doing it to potential employees too.

I don't have a Facebook account and never will, but if anyone ever tries this power trip on me, all they are going to get is a lot of words starting with Fs and Cs thrown at them. And I don't care what the consequences are...



posted on Mar, 12 2012 @ 07:04 AM
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For 12 years old, she doesn't need to be on facebook in the first place. Geesh, that is way too young.



posted on Mar, 12 2012 @ 07:04 AM
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reply to post by jude11
 


Sue the teachers and leo into the poor house? Yea that seems reasonable for invasion of a fb accnt
ya this girl deserves atleast 12million for this travesty.

Im not quite sure what so many people here have against teachers and leos. I think its rather hysterical and uneducated.

Also, when a school gets sued, it hurts the Entire community and her fellow students, by taking money out of this system and lining hers and the aclus pockets. Yea this 12 year old girl is waaaay more important than everyone else. Get a grip. Its ppl like this who ruin this country



posted on Mar, 12 2012 @ 08:06 AM
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reply to post by jude11
 


A huge problem is that I think most parents don;t educate their children about their civil rights BEFORE something like this happens. Ten years ago one of my daughters was accused of having a gun in her purse by another girl who was mad at her for stupid teenaged girl bull malarkey. She was hauled to a principal's office and the police were brought in. My daughter screamed bloody murder refusing to be searched or questioned until I was contacted, and when they hesitated she assured them that if I was not called immediately the school district and the police department would be meeting us in court for the biggest lawsuit they had ever seen!

Needless to say, I was contacted immediately. I made it to the school in less than five minutes. I allowed them to look in her purse (not even enough room for a TINY pistol) and I proceeded to chew their behinds like only an outraged mother can! I also raised so much noise that the girl who made the accusation was charged with a crime and suspended from school.

The school and police had originally tried to tell my kid that since she was at school she was in their custody and that they didn't have to notify her parents. My daughter knew better and behaved accordingly because we had prepared our children on the off chance that something like that were to ever occur. It is up to the parents of kids to educate them about their rights so that they know when they are being trampled on!



posted on Mar, 12 2012 @ 08:23 AM
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What I find most amusing about this thread is the number of people who equate Facebook's Terms and Conditions with the full force of the Law.

Facebook is not (or at least an acknowledged) government agency, so therefore all of it's "rules" only apply between the end user and Facebook. No one else can enforce such rules except Facebook, and the only punishments that can be meted out by Facebook is either suspension or cancellation of a user's account.

As soon as a government agency or representative (in this case, school employee's or LEOs) are involved, all of the rights of an individual must be observed, especially Constitutional rights, as those rights trump all other laws and regulations.



posted on Mar, 12 2012 @ 08:46 AM
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Originally posted by BomSquad
What I find most amusing about this thread is the number of people who equate Facebook's Terms and Conditions with the full force of the Law.

Facebook is not (or at least an acknowledged) government agency, so therefore all of it's "rules" only apply between the end user and Facebook. No one else can enforce such rules except Facebook, and the only punishments that can be meted out by Facebook is either suspension or cancellation of a user's account.

As soon as a government agency or representative (in this case, school employee's or LEOs) are involved, all of the rights of an individual must be observed, especially Constitutional rights, as those rights trump all other laws and regulations.


Not to mention the fact that a minor can not enter into a legally binding contract, such as a web sites TOS. Therefor any Facebook user under the age of 18 can not be held legally liable for breaking their TOS. And as I stated above, their terms do not even have anything to do with what happened.

As for someone above stating that it is ridiculous for the school to be sued. I too do not agree with frivolous law suits. However, in this situation, how else is the school going to learn to keep its boundaries? Telling them they are wrong and to not do it again, I would venture to guess, would do no good. And thanks to the death grip of school unions, you know that no one will be fired. So what other recourse is there?

I also looked over the law regarding minors and online internet usage (Children's Online Privacy Protection Act). There is nothing in there that gives her school or the local Sheriffs department authority to do what they did. In fact the law is there to punish only the website itself. Not the user.

Children's Online Privacy Protection Act




edit on 12-3-2012 by DerekJR321 because: added link



posted on Mar, 12 2012 @ 08:46 AM
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reply to post by jude11
 


There is no such thing as privacy in this world. We are given an illusion of privacy, but your neighbours are watching you, and your friends are watching you, even your partner and children are watching you. Any time you do something that they don't agree with they can easily cause you problems by telling someone else. Add onto that the amount of things watching you as you surf the web, walk down the street, do your shopping. The only privacy you have is in your own head. Once a thought or feeling escapes your brain all privacy is lost.

I do what I can to protect my privacy, not posting personal opinions on FB keeping my privacy settings tight, but still people know things and find things out. The other year a colleague of mine borrowed my phone, went on a snoop and told my boss I had a twitter account (wasn't something I used a lot, had a hobby and it was a way of showing off my stuff). I got a telling off and put on a warning, because she decided I must be using it on her time which I couldn't prove one way or the other due to Twitter time stamps saying 'a day ago' even if it was done in the evening. My snooping colleague however spends all day with FB and Twitter open on her computer in work and gets away with it.

To all those saying it's her own fault for having a FB account, and being underage etc, how would you feel if someone took a screenshot of your posts on this site and sent them to your boss and then your boss gave you a row and a warning for having opinions contrary to what they believe even if it is on your own time and on your own computer?

I've seen plenty of people on these forums moaning about where they work, or their crappy boss, or giving away insider info so it's not much of a stretch to think someone who was not happy with you might let your boss know about your opinions.

This case is disgusting - the girl is being picked on by (probably one) hall monitor, she goes home has a moan to some friends on FB, then the school bully her for having an opinion on being picked on by said hall monitor, and to top it all off, they make her apologise to said hall monitor!

Sick sick world we live in these days.



posted on Mar, 12 2012 @ 08:51 AM
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Originally posted by VonDoomen
reply to post by jude11
 


Sue the teachers and leo into the poor house? Yea that seems reasonable for invasion of a fb accnt
ya this girl deserves atleast 12million for this travesty.

Im not quite sure what so many people here have against teachers and leos. I think its rather hysterical and uneducated.

Also, when a school gets sued, it hurts the Entire community and her fellow students, by taking money out of this system and lining hers and the aclus pockets. Yea this 12 year old girl is waaaay more important than everyone else. Get a grip. Its ppl like this who ruin this country


not for the fakebook account, but for their clearly breaking several laws by interrogating her without a parentguardian present or legal counsel, here in America we call that rights violations.

have a read sometime.

www.thefreelibrary.com...


we would be far better off if we did in fact sue and eliminate teachers and law enforcement who do not live by the rules we all agree to. i don't want people like that around anyone in my family, i hope they get sued and fired as they shouldn't be doing those jobs if they are not qualified or respectful of the laws.
edit on 12-3-2012 by LittleBlackEagle because: (no reason given)



posted on Mar, 12 2012 @ 08:58 AM
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Originally posted by Eirian
reply to post by jude11
 


There is no such thing as privacy in this world. We are given an illusion of privacy, but your neighbours are watching you, and your friends are watching you, even your partner and children are watching you. Any time you do something that they don't agree with they can easily cause you problems by telling someone else. Add onto that the amount of things watching you as you surf the web, walk down the street, do your shopping. The only privacy you have is in your own head. Once a thought or feeling escapes your brain all privacy is lost.

I do what I can to protect my privacy, not posting personal opinions on FB keeping my privacy settings tight, but still people know things and find things out. The other year a colleague of mine borrowed my phone, went on a snoop and told my boss I had a twitter account (wasn't something I used a lot, had a hobby and it was a way of showing off my stuff). I got a telling off and put on a warning, because she decided I must be using it on her time which I couldn't prove one way or the other due to Twitter time stamps saying 'a day ago' even if it was done in the evening. My snooping colleague however spends all day with FB and Twitter open on her computer in work and gets away with it.

To all those saying it's her own fault for having a FB account, and being underage etc, how would you feel if someone took a screenshot of your posts on this site and sent them to your boss and then your boss gave you a row and a warning for having opinions contrary to what they believe even if it is on your own time and on your own computer?

I've seen plenty of people on these forums moaning about where they work, or their crappy boss, or giving away insider info so it's not much of a stretch to think someone who was not happy with you might let your boss know about your opinions.

This case is disgusting - the girl is being picked on by (probably one) hall monitor, she goes home has a moan to some friends on FB, then the school bully her for having an opinion on being picked on by said hall monitor, and to top it all off, they make her apologise to said hall monitor!

Sick sick world we live in these days.



O shes being picked on now! Provide evidence please.
Sounds fair to me, you say things about your employer on facebook you would get sacked wouldnt you? Stop defending a daft lassie out to screw the system.

She could have refused to give her password but didnt, they have commited no breach by requesting it, again she is in breach of T&Cs by giving it out!!



posted on Mar, 12 2012 @ 09:02 AM
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Originally posted by LittleBlackEagle

Originally posted by VonDoomen
reply to post by jude11
 


Sue the teachers and leo into the poor house? Yea that seems reasonable for invasion of a fb accnt
ya this girl deserves atleast 12million for this travesty.

Im not quite sure what so many people here have against teachers and leos. I think its rather hysterical and uneducated.

Also, when a school gets sued, it hurts the Entire community and her fellow students, by taking money out of this system and lining hers and the aclus pockets. Yea this 12 year old girl is waaaay more important than everyone else. Get a grip. Its ppl like this who ruin this country


not for the fakebook account, but for their clearly breaking several laws by interrogating her without a parentguardian present or legal counsel, here in America we call that rights violations.

have a read sometime.

www.thefreelibrary.com...


we would be far better off if we did in fact sue and eliminate teachers and law enforcement who do not live by the rules we all agree to. i don't want people like that around anyone in my family, i hope they get sued and fired as they shouldn't be doing those jobs if they are not qualified or respectful of the laws.
edit on 12-3-2012 by LittleBlackEagle because: (no reason given)



I dont think her rights to parent etc apply unless she has been formally arrested for a crime

Tell you what you guys stick to the # the teachers/police approach I will go after her families accounts today, Expect to see them in the media if any personal info for teachers/police officers shows up

Give up your sue culture America
edit on 12-3-2012 by Maponos because: (no reason given)



posted on Mar, 12 2012 @ 10:27 AM
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Originally posted by Maponos
O shes being picked on now! Provide evidence please.
Sounds fair to me, you say things about your employer on facebook you would get sacked wouldnt you? Stop defending a daft lassie out to screw the system.

She could have refused to give her password but didnt, they have commited no breach by requesting it, again she is in breach of T&Cs by giving it out!!


Saying things about your employer is a different situation. They can fire you for talking about them negatively. However, employment is a willful contract, entered into by both parties. A child's obligation to attend public school is not.

Let's say this situation happens to you. You work for a union job. You go home one night and post on Facebook that the janitor at your job is a crazy old man. The next day you go to work, your boss and the local Sheriffs department lock you in a room and threaten you for hours to give up your password. Not only your Facebook password, but the password to your personal email account (as was done in the above situation). Is this fair? Is this right? Is it OK simply because you work for a company? No. It's not. And my scenario is no different than what happened to this child. With the exception that she is only 12 years old.

She could have refused to give her password? Perhaps she did. Perhaps you don't understand a child's mind. Do you think a 12 year old girl is not going to be intimidated by threats and the police? Obviously she would be. And they very much did commit a "breach" by asking for it. Because in fact they didn't simply "ask" for it. They demanded it under duress.

You seem to be on the side of the system in this situation and I can't clearly understand why. If this were your child would you feel the same way? However judging by some of your responses I would assume you neither have a child of your own, nor do you understand the mind of a child.

What is clear is that the school and the local police intimidated and coerced this child into divulging private information. Not only her Facebook password to her PRIVATE account, but the password to her personal email account as well. They did not contact the child's parents. They took it upon themselves to violate this girls 1st and 4th amendment rights. And they, not she, should be punished.


edit on 12-3-2012 by DerekJR321 because: typo



posted on Mar, 12 2012 @ 10:40 AM
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reply to post by DerekJR321
 


As I said in my very first post she is on facebook against the T&Cs so it is not relevant, I questioned whether this would happen to a 13 year old. Probably not. This is a non issue, get over it. The girl is clearly a trouble maker, warned 3 times and as stated in my (2nd/3rd) post she should be banned from facebook and expelled from school and can jump in front of cars and sue the drivers for all I care.

This is not the lottery, its life and you don't get to sue everyone for anything you like except in America where you can even sue god lol Yes that actually happened!!

No wonder you retards still aren't able to accept that your entire financial system is OWNED by European banks and you are essentially just a plantation. Have fun when they close the borders. Im done with this thread, I would defend a legitimate breach of privacy but as she is not entitled to have the account she is not entitled to the protections offered by the 1st/4th Amendment. I dont believe she was arrested either, nor is the school considered public property like a street for instance. Also, given that the facebook servers are now located in Lapland do the laws still apply? hmmm yeah ponder that one


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

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



posted on Mar, 12 2012 @ 10:46 AM
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Originally posted by Maponos
reply to post by DerekJR321
 


As I said in my very first post she is on facebook against the T&Cs so it is not relevant, I questioned whether this would happen to a 13 year old. Probably not. This is a non issue, get over it. The girl is clearly a trouble maker, warned 3 times and as stated in my (2nd/3rd) post she should be banned from facebook and expelled from school and can jump in front of cars and sue the drivers for all I care.

This is not the lottery, its life and you don't get to sue everyone for anything you like except in America where you can even sue god lol Yes that actually happened!!

No wonder you retards still aren't able to accept that your entire financial system is OWNED by European banks and you are essentially just a plantation. Have fun when they close the borders. Im dont with this thread, I would defend a legitimate breach of privacy but as she is not entitled to have the account she is not entitled to the protections offered by the 1st Amendment. Also given that the facebook servers are located in Lapland do the laws still apply? hmmm yeah ponder that



As I stated, the T&C doesn't apply to her because she is a minor and can not enter into a legally binding contract. As well, Facebook does not age verify their users. And according to the CEO of Facebook, he thinks the rules should be changed.

Zuckerberg wants to let kids under 13 on Facebook

It is not Facebook's decision to prevent anyone under 13 from joining. It is the ruling of the Children's Online Privacy Protection Act (COPPA). Hence why Facebook doesn't even bother to enforce it. So your arguing a dead point. And again, its a point that is irrelevant to this situation.

And explain to me clearly what right the school has to "warn her" about posting anything at all? Since when does the school have the right to police what she posts on a private page, or through email?

Obviously your last paragraph shows your true age or at least understanding of this matter. You can't grasp the fact that your arguments are invalid so you resort to childish rhetoric. The school is wrong. The police are wrong. This girls legal rights outlined under the 1st amendment (freedom of speech) and 4th amendment (unreasonable search and seizure) were broken. Deal with it. This has nothing to do with European bankers, or jumping in front of cars or making money. This has everything to do with a school and police department clearly overstepping their bounds.



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