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Joined: Jul 2004
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2wins Offline OP
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Quote
A 12-year-old Minnesota girl was reduced to tears while school officials and a police officer rummaged through her private Facebook postings after forcing her to surrender her password, an ACLU lawsuit alleges.

The claims are the latest in a string of tales showing that even password-protected, private online activities might not be safe from curious government agencies and schools. (See last week’s story)
in light of our recent discussion regarding online anonymity (read privacy) this makes me wonder how far will we go to reveal the nature of our virtual world. and is it right for any group to demand that we divulge our so-called private musings on forums and social media networks?
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Last edited by 2wins; 03/13/12 01:49 PM.

sure, you can talk to god, but if you don't listen then what's the use? so, onward through the fog!
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I don't think the District's behavior was reasonable, based upon the description of events. Clearly, the student's description of the monitor was probably accurate, if the principal's behavior sets the standard. wink I am curious, though, how the parents "gave permission" for this search. Was it specific to this search, or was it one of those "permission slips" sent home at the beginning of the year?


A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

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2wins Offline OP
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it seems, beyond this incident, that more and more institutions are looking for access to facebook. what are our expectations to privacy? do we have a right to believe that a virtual forum where we presumably pick and choose to whom we will interact will be kept as private as we determine? or is the use of such a "public" space fair game? i would believe that an expectation to privacy is my right here. however, it's clear that it's being challenged and I can't for the life of me understand why anyone would allow access.


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The action of the school and the sheriff's deputy was reprehensible. To prevent he said she said situations, the school must require a parent or an attorney to be present whenever there is a possibility, however remote, that a criminal action might ensue. The very presence of the sheriff's deputy gives credence to a belief, particularly on the part of a 12-year-old, that such a criminal complaint against her was imminent.


Every adult in the room during the interrogation should be disciplined.


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i don't disagree with you churl, however keep in mind that schools have what they like to refer to as school resource officers. while it doesn't make the situation any less ominous, the child would know that the cop is on hand for any and all occasions. while i would demand to be present in such an event had it been my child, the school would likely argue that the presence of the cop was to offset any potential suspicious or questionable activity.


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This situation, I think, illustrates the conundrum between keeping a situation under control/informal and having adequate safeguards in place to protect the interests of the parties, which by necessity involves more formality. I am as concerned about the previous discipline imposed on this student as I am about this particular incident. It seems she was previously suspended for facebook postings that would not rise to the level of "disruptive" activity. I want to know more about that.


A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich
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I don't care if it was a police officer or a school resource officer. The officer was there to intimidate the girl. Federal law prohibits that with a minor. And If this school had the parents' permission, why is there a lawsuit? The child has the backing from her parents in this lawsuit, or the parents would have said otherwise to the media. The school overstepped its bounds and now they are doing the usual CYA crap. I hope they are hoisted by their own petard. The school was wrong-period. What that girl does in private on her own time and on her own computer is none of the school's business. It wasn't bullying, and no threats were made. Doesn't that school have more important things to contend with on campus during school hours?


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well said, as only a mama bear could say it. ThumbsUp


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Originally Posted by 2wins
well said, as only a mama bear could say it. ThumbsUp

<growl, growl, growl> wink


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The aspect that interests me is what rights vis a vis a parent does a child have regarding free speech and privacy? 12 year olds have always had secrets from parents. I think that is healthy and should be protected. Not sure what age that protection should accrue, but arguable at whatever age a child can learn to use the format in question.

I don't mean that a parent should not have access, that is another issue, but should the parent be able to override the child's privacy with consent to a search by others? I think that is bad policy.

As for this instance, I agree with Scoutgal. The right to privacy is one of our most important rights yet it is regarded more and more as an annoyance on the path to searching. Of course, with FB, the only items that would be private are messages between FB members. All else is public by definition.

And as is conceded by the ACLU, if one party to a conversation decides to make it public, the other party cannot stop them. That holds true in life in general. So if a 12 year old tells another 12 year old a secret, does the parent of one have the right to consent to exposing that secret?


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