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Minnesota Teen Wins Settlement After School Takes Facebook Password

schwit1 (797399) writes "A Minnesota school district has agreed to pay $70,000 to settle a lawsuit that claimed school officials violated a student's constitutional rights by viewing her Facebook and email accounts without permission. The lawsuit, filed in 2012 by the American Civil Liberties Union of Minnesota, alleged that Riley Stratton, now 15, was given detention after posting disparaging comments about a teacher's aide on her Facebook page, even though she was at home and not using school computers. After a parent complained about the Facebook chat, the school called her in and demanded her password. With a sheriff deputy looking on, she complied, and they browsed her Facebook page in front of her, according to the report. 'It was believed the parent had given permission to look at her cellphone,' Minnewaska Superintendent Greg Schmidt said Tuesday. But Schmidt said the district did not have a signed consent from the parent. That is now a policy requirement, he said.'" Asks schwit1, "How is this not a violation of the CFAA?" It sounds like the school was violating Facebook's Terms of Service, too.

367 comments

  1. In other news ... by Anonymous Coward · · Score: 5, Funny

    ... apparently people are still using Facebook.

    1. Re:In other news ... by goombah99 · · Score: 1

      where fascism and distopian sci fi intersect is when Terms of Service become the common law enforced by the full might of the state. IN the future not only will be using Facebook but it will be mandatory to receive basic services like power, water, drivers lic, food stamps.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    2. Re:In other news ... by Anonymous Coward · · Score: 1

      More and more organizations are encouraging users, supporters, volunteers, employees, etc. to have Facebook accounts. Many require Facebook accounts for use. The USA Federal Government has stated that not having a Facebook account is one way to identify a terrorist.

      I guess when Internet Voting is introduced a Facebook Account will be required to vote. God help us all! But then again, maybe the SCOTUS will declare a Facebook Account a tax in order to make it mandatory. (Are you listening Justice Roberts?)

    3. Re:In other news ... by RocketChild · · Score: 1, Insightful

      Does Facebook now lock out the School District and the Principal for violating the TOS?

    4. Re:In other news ... by the_skywise · · Score: 1

      It's already mandatory to receive power and water thanks to the International Code Council

      http://www.orlandosentinel.com...

      http://en.wikipedia.org/wiki/I...

    5. Re:In other news ... by Anonymous Coward · · Score: 0

      Sarcasm, or do you have evidence?

    6. Re:In other news ... by Anonymous Coward · · Score: 0

      And where in either of the articles does it mention Facebook. The only thing the woman in the article was forced to do was hook up to an approved water supply. Believe it or not, internet is still a luxury in many parts of the country.

    7. Re:In other news ... by Feyshtey · · Score: 1
      http://www.informationweek.com...? Among other things listed in the article:

      For instance, federal employees are allowed to use blogs and social networks to express support for candidates for office when they are not at work, but they can't engage in online activity supporting a candidate while on duty or at a federal workplace.

      Also in the article is a link to the policy as released in 2010.

      Questions?

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    8. Re:In other news ... by Anonymous Coward · · Score: 0

      As a Fed, we have to take annual security refreshers that basically say, "In general, we don't encourage you to use social media, but we realize that many of you will, so if you do, use these best practices ..."

    9. Re:In other news ... by khelms · · Score: 1

      Are you sure that wasn't your parents and the sex talk?

    10. Re:In other news ... by letherial · · Score: 2

      Neither show that facebook is required for anything, in fact it seems you just pulled links out of your ass to show a source so the dumb would believe you.

    11. Re:In other news ... by Anonymous Coward · · Score: 0

      Not that facebook is required for those things, but that the code council has made other services mandatory whether you want them or not.

    12. Re:In other news ... by slashmydots · · Score: 2

      I moved back to Myspace ages ago! Just kidding, in reality I moved back to not giving a damn about anyone's opinions or what they're doing and playing video games instead.

    13. Re:In other news ... by the_skywise · · Score: 1

      Wow... are you really that dense?
      The OP states that facebook will be a requirement BUT [ALSO] mandatory to receive basic services like power, water, etc;

      I merely posted a link pointing out that it's ALREADY mandatory to accept water services.

      I don't think facebook will become a requirement but I happen to agree with his gist. I think its not only probable but very likely that we will see a requirement for an mandatory internet ID assigned at birth during our lifetimes. You already hear it from the cries of government officials clamoring about all the anonymity on the internet.

    14. Re:In other news ... by david_thornley · · Score: 1

      Yeah. I'm hoping for proposals for the internet ID to be in a RFID chip embedded in the forehead or right hand. That way we'll get some constructive use out of the Bible literalists who find a certain passage in Revelations.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:In other news ... by Grishnakh · · Score: 3, Interesting

      > The USA Federal Government has stated that not having a Facebook account is one way to identify a terrorist.
      Bullshit.

      Not bullshit. The OP is referring to a leaked DHS or FBI powerpoint presentation where they listed things that might be indicators that someone's a "terrorist", and not having a Facebook account was one of the bullet-points. Here's an article for you.

    16. Re:In other news ... by Anonymous Coward · · Score: 0

      ... apparently people are still using Facebook.

      Of course, why do you think FB stock is still near it's all time high?

    17. Re:In other news ... by letherial · · Score: 1

      First, it was worded weird, your response from the former response makes it sound like Facebook is mandatory to receive power and water..

      You could have worded it like "the government already requires you to get water and electricity" Instead of continuing on the theme of "it is already mandatory"
      Dont call me dense because you dont know how to clarify your statements

      The first link you gave was just to be hooked up to a proper sewage. While i hate defending the worse state of all time, Florida, it does seem likely this ruling is based on health reasons, sewage not going to the proper place has caused many diseases and is a health risk to not just her, but everyone around her. Nothing in there about electricity though.

      The second link you gave, is about international people getting together to figure out a safe way to build buildings (you know, so blocks dont burn down and shit like that) It has noting to do with international law...Its a policy that the international community all agreed was good practice and country's created laws on there own...no grand conspiracy here.

      But hey, far be it for me to tell you what you do or do not want to live in, plenty of country's don't have building codes or sewage requirements, by all means go live there...Swim in your shit and other peoples shit as far as i care. Want to burn alive in a building because its unsafe without proper exits? not my problem...but dont complain because i want some standards when i go to a building, public or private.

      Out of all the stupid shit our government does, and there is alot, minimal safety standards, fire code, sewage requirements, these things comfort me...i dont want my water to contain my neighbors piss and shit, nor do i want my house to burn down because my neighbors start on fire.

      I know, you want your freedom to burn alive and drink piss...i want to the freedom to not do that, thanks....

    18. Re: In other news ... by Anonymous Coward · · Score: 0

      That's crap! Off the social grid = peaceful mind from people on planet earth!

    19. Re:In other news ... by Feyshtey · · Score: 1

      Yes, bullshit.

      Neither that article nor the .pdf download from DHS/DOJ mentions a single website, let alone any social media site, the words social or media, or anything to do with web addresses at all. As close as either gets is to suggest it could be suspicious if a traveler makes efforts to avoid hotel wifi in favor of going to a more anonymous internet café.

      If you're referring to the items "leaked" a few weeks ago, that was not something produced by any government agency. It was something that the founders of Google mentioned in their book, which they were doing a press tour for recently. They say that in the future, everything will be so wired into the global networks that a person "off the grid" will be suspicious. That's a pretty huge leap to suggesting that DHS thinks anyone not on facebook is suspicious.

      According to Static Brain (http://www.statisticbrain.com/facebook-statistics/) there were only about 100 million users on facebook as of March 2013. That's not even 1/3 of the US population, and they also state that 75% of those users are outside of the US. So according to you the vast majority of the US falls into your "terrorist" watchlist.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    20. Re:In other news ... by Feyshtey · · Score: 1

      Oh, and I just thought of this: Harry Reid (the US Senate Majority Leader) just explained that the open enrollement period for the Affordable Care Act will be extended thru mid-April, and explicitely stated that a part of the reason for this was for those people less familiiar with this new fangled internet thing who just dont have the skills to hop on and sign up for Obamacare. So apparently there are potentially millions of suspicious characters out there. They are probably dangerous because of their level of anger on not having health insurance?

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    21. Re:In other news ... by ClioCJS · · Score: 1

      ...apparently people are still leaving useless comments.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
  2. obligatory by schneidafunk · · Score: 2
    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re: obligatory by Anonymous Coward · · Score: 1

      zOMG! The sherif hit her with a wrench until she complied?! Why wasn't this on the summary???

    2. Re: obligatory by schneidafunk · · Score: 2

      They sure as hell intimidated her for the pwd.

      --
      Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    3. Re: obligatory by Anonymous Coward · · Score: 4, Interesting

      It disgusts me how school officials act like they are prison wardens and the children they care for treated as though they have no rights.

      Between things like private information gathering on Facebook like this, to the webcam viewing scandal a few years ago, to the teacher forcing a student to strip, there seems to be a serious problem with the attitude being brought into schools by officials.

    4. Re: obligatory by causality · · Score: 5, Insightful

      It disgusts me how school officials act like they are prison wardens and the children they care for treated as though they have no rights.

      It potentially teaches one very important life lesson: those with power and authority are never to be trusted. But that requires a little thought and reflection that sadly only a few are likely to perform by this time this particular meat-grinder is through with them.

      Between things like private information gathering on Facebook like this, to the webcam viewing scandal a few years ago, to the teacher forcing a student to strip, there seems to be a serious problem with the attitude being brought into schools by officials.

      If you think about it, you realize that this problem is too widespread and too systematic, too uniform to be the result of a few isolated bad actors. It's intentional and it's planned. The goal is, if you teach (by repeated, reinforced example) children from a young age that they have no rights and authority is absolute, they will grow into adults who expect other authorities in government to be the same way.

      Oh if you want a fascinating exercise, go look up precisely why schools use bells. It's a tactic that is called psychological warfare in any other context. At the time that it was set up, Dewey and others were quite open about its purpose. Who needs a smoky back-room conspiracy when you can have selling points?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    5. Re: obligatory by ruir · · Score: 1

      The teaching is not only at school mind you. CSI grosses me out because it is conditioning/brainwashing people police forces are justified to do whatever pleases them , lie, and not respect anything and anybody as long that produces results.

    6. Re: obligatory by fustakrakich · · Score: 1

      All these things are necessary for National Security... You're either with us, or against us..

      *If you see something, say something*

      --
      “He’s not deformed, he’s just drunk!”
    7. Re: obligatory by Amtrak · · Score: 2

      The bell thing is interesting. Care to provide links. I tried googling but the results were useless.

    8. Re: obligatory by TheRealMindChild · · Score: 1

      The cops and psychiatrists do it all just the same.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    9. Re: obligatory by Anonymous Coward · · Score: 0

      Sadly, what you're talking about is actually the way police tend to operate. They're allowed to lie to you and have no reason to show you respect.

      Anyways, if you want to see police on TV abusing the law, you should watch NCIS. Crimes against the Constitution, crimes against humor...

    10. Re: obligatory by Firethorn · · Score: 1

      Oh if you want a fascinating exercise, go look up precisely why schools use bells.

      My google search says that it's to keep students/teachers on time. Psychological warfare? Hardly. Using bells to signal time/events has centuries of tradition behind it. Electronic bell systems are cheap, reliable, and efficient.

      If you think about it, you realize that this problem is too widespread and too systematic, too uniform to be the result of a few isolated bad actors.

      If I think about it, I realize that we have over 100k primary schools in the USA. 100k is fairly significant to me, because if you look at individuals with that many people you're statistically going to have quite a few crimes, even a few murders. With 100k schools, you're going to have some 'bad eggs', and there will be enough of them to generate a 'horrible school scandal' every week or so even if there are only a 'few isolated bad actors'. Add in the occasional international bad school incident(such as from the UK), and short memories so that a repeat incident from a single school and/or even just a follow up on a previous incident is seen as a new one and you have even more frequent impacts on the public concious.

      --
      I don't read AC A human right
    11. Re: obligatory by xclr8r · · Score: 1

      Don't forget "Person of Interest" is on the same bandwagon.

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    12. Re: obligatory by xclr8r · · Score: 1

      You forgot to add picking up your kid while not in a vehicle. http://www.youtube.com/watch?v...

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    13. Re: obligatory by Zero__Kelvin · · Score: 1
      FTA:

      "As part of the settlement, Minnewaska school policies now address electronic devices for the first time.

      The new rules say electronic records and passwords created off-campus can only be searched if there’s a reasonable suspicion they will uncover violations of school rules."

      If anyone needed proof that they still don't quite get it, there it is. Seriously. What makes the school thinks it ever has a say in it? If it rises to the level of a criminal matter they can involve the police. Beyond that they have no real recourse, and their new policy is a prescription for further lawsuits.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    14. Re: obligatory by Zero__Kelvin · · Score: 1

      You are not supposed to believe that what happens on Person of Interest really goes on, and it is specifically about how the surveillance state was misusing their capabilities. So no .. Person of Interest is not intended to have the same effect. I abbsolutely believe that all the CSI genre shows except NCIS are part of an effort to make people think: "I better not commit the crime. I'll leave some invisible particle behind and they'll cath me!". With the exception of the McGee / Hacking stuff, which is absurd, the rest is pretty interesting drama as far as I'm concerned. The forensics is just basically an excuse to let Pauley Perrette (spelling? (No. Not Tori) do her thing.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    15. Re: obligatory by Anonymous Coward · · Score: 0

      Sadly, what you're talking about is actually the way police tend to operate.

      Yes, but I believe that ruir's point was that TV teaches people that it is ok for police to operate that way.

    16. Re: obligatory by Anonymous Coward · · Score: 0

      It also apparently depends on which political party occupies the White House.

      It was cool to protest the government 8 years ago. But now it's unamerican and even racist to disagree with White House policies.

    17. Re: obligatory by geogob · · Score: 1

      The sherif was the wrench.

    18. Re: obligatory by HiThere · · Score: 1

      You wear strange glasses. Most people I know criticize the president and the rest of the admininstration. They'v e even pretty much stopped saying "Well, they're well intentioned." And I'm talking about generally liberal people here. (Yes, I do know some who criticize the adminstration for not being conservative enough, for some definition or other of conservative, but I think of most of them as dingbats.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re: obligatory by Anonymous Coward · · Score: 0

      The bell thing is interesting. Care to provide links. I tried googling but the results were useless.

      Try using a search engine instead of a surveillance engine.

    20. Re: obligatory by Anonymous Coward · · Score: 0

      You only find the hacking stuff absurd because you you know about computers. The rest of it is absurd, too.

    21. Re: obligatory by ruir · · Score: 1

      I tried to google that part about the bells, did not find much of interest. Care to provide some links or explain it better?

    22. Re: obligatory by mythosaz · · Score: 1

      Pauley Perette has (or had for a while) the highest Q-score on TV.

      Nobody, apparently, doesn't like her.

      That aside, every procedural crime drama on TV uses the same deus ex machina shortcuts when it's convenient to do so, but ignores those same shortcuts when their script-writers feel like it. License plate scanners, instant DNA results, cell phone GPS, INTERPOL databases, image ENHANCE! -- they all produce results (or don't) based on the whims of whatever story they're telling each week.

      Anyone who's ever called the cops because their car got broken into knows a team of CSI agents isn't going to ever descend to do anything - ever.

      We've got "First 48" on TV to remind people that cops are, generally speaking, average Joes who wait a month to get inconclusive results on any test sent to a lab, and that any camera footage they ever view will be pointlessly grainy beyond identification -- and that no crime is ever solved without a confession. ...especially not in Cleveland.

    23. Re: obligatory by Anonymous Coward · · Score: 0

      I saw that show once. It seemed like the violated the constitution every 5 minutes. And when they actually let the constitution stop them, they played it like it was so hard to save lives like they wanted because that old piece of paper kept getting in the way.

      Made me sick.

    24. Re: obligatory by causality · · Score: 1

      You wear strange glasses. Most people I know criticize the president and the rest of the admininstration. They'v e even pretty much stopped saying "Well, they're well intentioned." And I'm talking about generally liberal people here. (Yes, I do know some who criticize the adminstration for not being conservative enough, for some definition or other of conservative, but I think of most of them as dingbats.)

      My criticism of this administration is the same as my criticism of every administration I can remember during my lifetime: the failure to recognize that the federal government is too large and too powerful and take effective steps to reduce its scope.

      --
      It is a miracle that curiosity survives formal education. - Einstein
  3. and they care why? by Anonymous Coward · · Score: 0

    It sounds like the school was violating Facebook's Terms of Service,

    So? You think some legal document your student signed stands in the way of you doing stupid things? There is a legal term for it. FB may have grounds to sue. But why would they really care about something so minor (heh see what I did)?

    1. Re:and they care why? by wagnerrp · · Score: 1

      Why would they sue anyone? It's their system and their terms of service. They can shut down any account they wish, at any time, with very little in the way of justification.

    2. Re:and they care why? by tompaulco · · Score: 3

      The Principal and the School District did not violate the ToS. The student did. Twice. First, by being underage, and then by allowing someone else to know her password. The second one was clearly under duress, so she could probably argue her way out of that one if the Facebook Police come after her. And the first one, they don't care about because all they care about is dollars, but they put the age requirement on there so they can have the appearance of pretending to care about the children.

      --
      If you are not allowed to question your government then the government has answered your question.
    3. Re:and they care why? by Anonymous Coward · · Score: 0

      Facebook's age requirement is 13.

    4. Re: and they care why? by Anonymous Coward · · Score: 0

      She was 11 at the time.

    5. Re: and they care why? by aevan · · Score: 1

      "Riley was 13, in sixth grade, when she posted on Facebook ".

    6. Re:and they care why? by Fjandr · · Score: 1

      She "allowed" them to use her password in the same way you might "allow" an armed robber to use your credit card.

  4. Not trying to steer the car this car off the road by Kimomaru · · Score: 1

    But what were these these "disparaging" comments exactly?

  5. Re:Not trying to steer the car this car off the ro by schneidafunk · · Score: 2

    Apparently she was complaining about a teacher's aid... at home, not in school. I haven't seen anything more specific.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
  6. The deputy sheriff should be in prison by Anonymous Coward · · Score: 0

    They should have known better - time for hard time for that stupid retard.

    1. Re:The deputy sheriff should be in prison by causality · · Score: 2

      They should have known better - time for hard time for that stupid retard.

      Sadly there is no precedent in America of holding cops accountable.

      If he shot and killed an unarmed man, he *might* receive two weeks of paid vacation. Err, I mean administrative leave.

      --
      It is a miracle that curiosity survives formal education. - Einstein
  7. Without her permission? by damn_registrars · · Score: 0, Flamebait

    The summary said she gave them her password. That sounds like permission.

    The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private. Once you release something on the internet you no longer have control of it - particularly when you give that something to a for-profit company. If she wanted it to be private she should not have posted it online, anywhere.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Without her permission? by schneidafunk · · Score: 1

      However WITHOUT parental permission, that's the important part.

      --
      Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    2. Re:Without her permission? by Thornburg · · Score: 5, Interesting

      The summary said she gave them her password. That sounds like permission.

      A 13 year old can't give permission.

      Just like she can't give permission for the school to take her on a field trip or to go off campus for lunch, she can't give the school permission to invade her privacy. Only her parents can.

      In some ways, this is really stupid. In other ways, it makes lots of sense. We shouldn't really trust most 13-15 year olds to make intelligent, informed decisions most of the time.

    3. Re:Without her permission? by hypergreatthing · · Score: 5, Insightful

      Actually demanding someone's password for any reason is the big picture here. It doesn't matter if she did it at home or at school.
      The school should focus on what it's supposed to do, teach students. It shouldn't be policing the facebook pages of it's students.

    4. Re:Without her permission? by Anonymous Coward · · Score: 5, Informative

      "The summary said she gave them her password. That sounds like permission."

      Authority figures pressuring a child constitutes duress, and consent given under duress isn't actually consent.

      "The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private."

      No, the problems, in descending order of importance, are:

      1. That this authority figure thought it was okay to do this.
      2. That you don't recognize that that's the bigger problem.
      And somewhere way, WAY down the list, the fact that a child did something naively.

    5. Re:Without her permission? by Impy+the+Impiuos+Imp · · Score: 5, Insightful

      > The summary said she gave them her password. That sounds like permission.

      With a Sheriff right there looking over her shoulder? Sounds like permission in the same way Crimea gave Russia permission.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    6. Re:Without her permission? by Anonymous Coward · · Score: 0

      Legally, she cannot give it.

    7. Re:Without her permission? by geekoid · · Score: 5, Insightful

      It's not really permission if you are intimidated into doing it.

      "The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private. "
      It's only viewably by her friends. Her friends may repeat it, but it's no different then telling something to a group of friends.

      " Once you release something on the internet"
      overly simplistic to the point of being meaningless. It really depends on many other details. My computer is ';on the internet' does that mean it doesn't have any privacy?

      "particularly when you give that something to a for-profit company."
      So your medical company can broadcast you medical information all over the world?

      Learn to think complex thoughts, please.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Without her permission? by Frobnicator · · Score: 5, Informative

      The summary said she gave them her password. That sounds like permission.

      No, she refused. Then they called the cops. The police officer and administrator together threatened her, and eventually (in tears) she gave in. Note the age of the child.

      As she was not even a teenager at the time, that looks to me like very strong compulsion from authority figures. A normal pre-teen is not going to say "you cannot do this, it violates my rights, let me talk to my parents and a lawyer." Under this kind of pressure they'll believe the officer will throw her in jail forever, and break down.

      For the measly $70K, I think I might have continued fighting it through to an actual judgement. That won't even begin to cover their costs to date, nor will it cover the costs of home-schooling for six years. In addition to suing the district, I'd be suing the school administrator personally, and be suing the officer personally for criminal acts done under color of law.

      --
      //TODO: Think of witty sig statement
    9. Re:Without her permission? by gnasher719 · · Score: 1

      The summary said she gave them her password. That sounds like permission.

      Permission from a 15 year old doesn't mean much legally.

      The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private.

      Getting paid $70,000 by the school to avoid a lawsuit seems to indicate that she was right.

    10. Re:Without her permission? by Anonymous Coward · · Score: 0

      Ever hear of a term called "under duress"?

      With a Deputy Sheriff standing there, illegally telling her she has to give up her password, without her (or her parent's) lawyer present, that's tantamount to false imprisonment, no miranda rights read, hell, even kidnapping.

      Time for serious time for the school faculty and deputy involved.

    11. Re:Without her permission? by Anonymous Coward · · Score: 0

      Did you ever go to a Government school in the USA? If so, you, surely, saw students forced to do things that they didn't want to do. The student was a minor (15 years old) and minors do not have the ability to give legal assent. The student was forced/co-erced to provide her password. A cop stood by to intimidate her into incriminating herself and without access to her/her family's attorney. Additionally, the Government officials claimed to have contacted and received permission to search the student's cellphone but they cannot show proof of the contact or the parental permission. Other articles on this incident present more facts.
      Don't you ever watch "Law and Order""?

    12. Re:Without her permission? by fremsley471 · · Score: 1

      Is there some new [to the law] concept of private here?

      When we 'put something on the Internet', why don't you have an expectation of privacy? I'm not talking about usenet/blogs, etc, but in email. That's on the internet. Of course, you say, but that's different. Can putting a comment on Facebook not be thought of as just a wider email- it's addressed to a fixed number of individuals. No-one outside of my circle can access it with my permission, just like if I sent it. If I wrote a letter to a friend saying I didn't think that person x was doing a good job and my friend took that letter and photocopied it and passed it around, I don't think I'd be liable for any slanderous proceedings (IANAL though).

      Facebook posts are not the action of publishing. There is, or should be, a very cogent difference in intent.

    13. Re:Without her permission? by Fnord666 · · Score: 1

      The summary said she gave them her password. That sounds like permission.

      The summary also says that she is now 15, implying that she was younger than that when this happened. At that age she has is a minor and has no legal standing to give them permission, even if she wanted (or was coerced) to. The school district needed to get the parent's permission before taking action and they learned a valuable lesson. The court system worked correctly for once.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    14. Re:Without her permission? by Anonymous Coward · · Score: 0

      Once cannot consent, give permission, sign and draft legally binding documents, etc. while under duress. This is really basic stuff here, guy.

    15. Re:Without her permission? by Anonymous Coward · · Score: 0

      >nor will it cover the costs of home-schooling for six years

      Nothing will. The cost of home-schooling for six years is never being a well-adjusted person, and believing whatever derp your parents are feeding you. Most home-schoolers are idiots who want to make their kids copes of themselves, instead of wanting their kids to be smarter and better informed than they are like good parents do. Of course there are exceptions in terrible school districts, but the better option is always to move somewhere with good public schools whenever possible.

    16. Re:Without her permission? by gl4ss · · Score: 1

      haha yeah right.

      it was bullied out of her, for a minor the deputy makes it look like she has to give it, that it is not a choice.

      70 000 is not enough really - and it should not be paid by the school, it should be paid by the fucking deputy and the fucking school admins out of their own fucking cash.

      --
      world was created 5 seconds before this post as it is.
    17. Re:Without her permission? by Anonymous Coward · · Score: 0

      The deputy and faculty should have to empty all of their accounts, including retirement, max out their credit cards and all of that be given to the student, then they all need to spend at least 50 years in prison and be placed on the child abuser registry.

    18. Re:Without her permission? by DarkOx · · Score: 1

      For the measly $70K, I think I might have continued fighting it through to an actual judgement. That won't even begin to cover their costs to date, nor will it cover the costs of home-schooling for six years. In addition to suing the district, I'd be suing the school administrator personally, and be suing the officer personally for criminal acts done under color of law.

      Actually $70 probably could cover the cost or just nearly so for a private school where she will get a better education than what the public schools had to offer anyway. Had she kept fighting it might not have gone her way. I would have countered probably with "I'll go away for 70K + legal fees to date" but I would have wanted to settle too; a bird in the hand is worth two in bush.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    19. Re:Without her permission? by phorm · · Score: 5, Interesting

      she can't give the school permission to invade her privacy

      Especially when there are school officials and a cop hanging over her shoulder and threatening her. Not only was it not approved by parents, but it was coerced under threat.

    20. Re: Without her permission? by Anonymous Coward · · Score: 0

      "It's only viewably by her friends."

      Friends? The average kid probably has about 500 so-called "friends" on Facebook. Posting something on Facebook is hardly whispering it to your closest circle of trusted friends. It's more like walking into a high school dance and yelling it at the top of your lungs.

      Plus, it's written and bears your name. If you don't know the difference between something verbal and something in writing, I really can't help you.

    21. Re:Without her permission? by operagost · · Score: 5, Insightful

      In some states, a 13 year old can give permission for themselves to have an abortion, without parental consent of any kind.

      Coincidentally, Minnesota is one of them. However, the parents do have to be notified.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    22. Re:Without her permission? by interkin3tic · · Score: 1

      As she was not even a teenager at the time, that looks to me like very strong compulsion from authority figures. A normal pre-teen is not going to say "you cannot do this, it violates my rights, let me talk to my parents and a lawyer." Under this kind of pressure they'll believe the officer will throw her in jail forever, and break down.

      Isn't that pretty well ingrained in the courts though? It seems like (IANAL) the courts have decided that anything the cops do to you to get you to do what they want is fine, so long as they're not actually beating you or cutting off body parts. "They told you you would be raped in the shower if you didn't confess? Well you should have known they were bluffing! They can't do that anymore! Confession stands."

    23. Re: Without her permission? by Anonymous Coward · · Score: 0

      Look up the concept of "in loco parentis". While it doesn't give the school broad rights or all of the rights associated with her parents, it would DEFINITELY cover things like keeping her in detention. A school can't "kidnap" a child who's been placed in its care.

    24. Re:Without her permission? by damn_registrars · · Score: 1

      The summary also says that she is now 15, implying that she was younger than that when this happened. At that age she has is a minor and has no legal standing to give them permission

      By creating an account on facebook did she not enter into an agreement as a minor? If she has control over the account she has the right to dictate how it is used. It is no different from the school asking to view a notebook that she carries with her to school.

      The school district needed to get the parent's permission before taking action and they learned a valuable lesson.

      That's debatable. I won't disagree with a notion of it being heavy handed if all she did was say something mean about a school employee, but the expectation of privacy on the internet is generally ridiculous. If you want something to be kept private you should not post it to the internet or communicate it digitally in any manner. When you release information on to the internet it is no longer yours.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    25. Re:Without her permission? by Anonymous Coward · · Score: 0

      I wouldn't trust 28/38/48/etc year olds to make intelligent, informed decisions most of the time.

    26. Re:Without her permission? by damn_registrars · · Score: 2

      We shouldn't really trust most 13-15 year olds to make intelligent, informed decisions most of the time.

      And by having an expectation of privacy and/or ownership of what she wrote online, she made a very unintelligent and uninformed decision. What you post to facebook is not yours, it is the property of facebook. Not that it really matters one way or the other who owns it, as the important bit here is that once you release information online it is no longer your information, it is available for whoever has access to where you release it.

      In reality even email is not private. Once you release something that way you have no control over where it goes after that.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    27. Re:Without her permission? by Anonymous Coward · · Score: 0

      While a kid that age can't give consent, I feel on a phone or computer they earned, they should be able to give dissent. I was called down to the vice principal's office a few times, them hoping I'd rat out people on minor things, trying to crack me with threats, and I basically told them to bite me in nicer words.... so I can imagine I'd have the same response if I had a phone or something back then and they wanted the password.

    28. Re:Without her permission? by godless+dave · · Score: 1

      And why were the cops even involved? I insulted plenty of school faculty and staff when I was a kid. If I had been overheard, I would have expected detention, not the police.

      --
      "If it's real, then it gets more interesting the closer you examine it. If it's not real, just the opposite is true." -
    29. Re:Without her permission? by Anonymous Coward · · Score: 0

      I'm sorry, but this is a load of malarky.

      Not a very healthy mindset.

      "Oh, well because of how I decided to behave, my rights are gone, I have no expectation of privacy, so I shouldn't fight for something I don't have a right to."

      What a bunch of bullshit.

      That poor kid. I wish I could've thrown some advice her way.

      For instance "come back with a warrant" is a great thing to say to police, in situations like that.

      Teaching kids to expect the revocation of their rights isn't a good idea..

    30. Re:Without her permission? by coolsnowmen · · Score: 1

      haha, true, but you have to start somewhere right? And in the united states, most of that is 18. With, of course, a bunch of exceptions.

    31. Re:Without her permission? by Feyshtey · · Score: 5, Insightful

      Actually the big picture here is why any mandatory state-run program thinks they have the right to silence dissent. The anti-constitutional means are only evidence of the Orwellian ends.

      This entire scenario is no less frightening than if you were told by a sherrif that you must provide your Facebook password so that they could investigate the fact that you used the site to bitch about the DMV. Or posted that you disliked the voting record of your Congressmen. Or that you thought that the Presidential foreign policy was a joke.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    32. Re: Without her permission? by Anonymous Coward · · Score: 0

      Facebook has a private message/IM feature. If I emailed something to you, do you think it's OK for a third party to coerce me to reveal my email password, because "It's on the Internet"?

    33. Re:Without her permission? by Anonymous Coward · · Score: 1

      In some states, a 13 year old can give permission for themselves to have an abortion, without parental consent of any kind.

      Perhaps the voters think that the consequences of a baby being raised by a demonstrably irresponsible 13-year-old are worse than the consequences of one more abortion.

      The problem is usually generational by the way. If your 13 year old daughter gets knocked up, you fucked up as a parent. Simple as that. Unlike most other intervention efforts that attempt to fix stupid, abortion is a highly effective way to break the cycle.

      How exactly do so many people oppose abortion because of some kind of "sanctity of life" and then support the next pointless war? What, they reach a certain age and they're off your love-list?

    34. Re:Without her permission? by gnasher719 · · Score: 1

      By creating an account on facebook did she not enter into an agreement as a minor? If she has control over the account she has the right to dictate how it is used. It is no different from the school asking to view a notebook that she carries with her to school.

      She entered an agreement as a minor. That's fine. Except that such an agreement can be cancelled at any time by herself or by her guardians, until she is 18 years old. It is a voidable contract. Now depending on the situation, as the adult or company you can take the risk of entering a voidable contract. Facebook can; worst case if she voids their contract they wipe out her account. The school would have a problem: Getting into her Facebook account is illegal without that contract, and it becomes illegal in retrospect if she voids the contract.

    35. Re:Without her permission? by causality · · Score: 2

      Actually demanding someone's password for any reason is the big picture here. It doesn't matter if she did it at home or at school. The school should focus on what it's supposed to do, teach students. It shouldn't be policing the facebook pages of it's students.

      But if they focus on teaching and instilling knowledge, how will they brainwash and social-engineer the next generation into fearing everything and loving Big Brother?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    36. Re:Without her permission? by Feyshtey · · Score: 1

      The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private.

      Wrong. The real issue here is why the state thinks they have a right to silence a personal opinion.

      Once you release something on the internet you no longer have control of it - particularly when you give that something to a for-profit company.

      Also wrong. Setting aside copyright law that contradicts your statement, it's still irrelevent. Unless you'd like to suggest that if you have a newspaper article published (that doesnt call for violence or breaking the law and isnt a lie), it's ok for the state to demand that the article be retracted. Are you suggesting that the First Ammendment is a farse? Here's the text of it, in case you're unfamiliar:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]

      If she wanted it to be private she should not have posted it online, anywhere.

      Again, this really doesnt have anything to do with it being private. It has to do with whether the state has a right to determine what a private citizen can or cannot say, and where they can say it. And THEN going so far as using those statements, private or public, as cause to dig into inherently private email conversations; email being a private communication upheld by local, state and federal courts across the country as something that requires a warrant to open (unless you're the NSA). And threatening a minor child in order to coherce access without the parents consent is flatly illegal.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    37. Re:Without her permission? by wagnerrp · · Score: 1, Flamebait

      Besides, everyone knows babies don't get a soul until they're around a year old. Until then, they're just this gooey, pooing monster thing...

    38. Re:Without her permission? by mrchaotica · · Score: 1

      he summary said she gave them her password. That sounds like permission.

      Yes, just like how someone confessing to a crime while being tortured is perfectly reasonable and valid.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    39. Re:Without her permission? by Anonymous Coward · · Score: 0

      Straight up. And if it was the cop doing the asking, the proper response is: "I would like to see the warrant, please."

      Followed up with, "I would like an attorney present," should one be produced, which is unlikely.

    40. Re:Without her permission? by Anonymous Coward · · Score: 1

      particularly when you give that something to a for-profit company

      So your medical company can broadcast you medical information all over the world?

      They can sell it to whomever they want, just as facebook can sell your profile data to whomever they want.

      Actually, if we are talking about your medical practitioner such as a PCP, they cannot legally sell your medical information to anyone. HIPPA prevents that. Medical device companies... Less so from what I can gather.

    41. Re:Without her permission? by damn_registrars · · Score: 1

      particularly when you give that something to a for-profit company

      So your medical company can broadcast you medical information all over the world?

      They can sell it to whomever they want, just as facebook can sell your profile data to whomever they want.

      Actually, if we are talking about your medical practitioner such as a PCP, they cannot legally sell your medical information to anyone. HIPPA prevents that.

      I was referring more so to your insurance company (which thanks to the Health Insurance Industry Bailout Act of 2010 [aka "affordable care act", aka "obamacare"] you are now required to be a customer of) who has access to all of your records and the ability to do as they please with them.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    42. Re:Without her permission? by Oligonicella · · Score: 0

      Perhaps the voters think that the consequences of a baby being raised by a demonstrably irresponsible 13-year-old are worse than the consequences of one more abortion.

      Even given your false dichotomy, are you seriously promoting that killing an unborn human is better than that same human being born and raised poorly?

      As to your last blurb, it's because they think deeper than the bifurcation method you use.

    43. Re:Without her permission? by Anonymous Coward · · Score: 0

      With a Deputy Sheriff standing there, illegally telling her she has to give up her password, without her (or her parent's) lawyer present, that's tantamount to false imprisonment, no miranda rights read, hell, even kidnapping.

      You are forgetting the part about where the reason was that they wanted to investigate her sexting.
      Kidnapping a 15 year old to acquire sexual messages. Yep, that is what the headlines would say if average Joe didn't anything like it.

    44. Re:Without her permission? by I'm+New+Around+Here · · Score: 1

      Citation needed. :^)

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    45. Re: Without her permission? by Oligonicella · · Score: 1

      To mimic your writing - It most DEFINITELY DOES NOT cover coercion to obtain passwords. It ain't the detention (and they need a valid reason, by the way, not something yanked from her FaceBook) that bothers people, it's the coercion and exploitation of her privacy.

    46. Re:Without her permission? by UnknowingFool · · Score: 2

      Except that it isn't. Facebook privacy is violated all the time. Messages that people post there assuming to be private end up elsewhere on a very regular basis. Even more so when things move from facebook to other places they can go verbatim, with exact records of what what written. This is not the same as saying something verbally where there is always the chance of the message being garbled along the way.

      That still does not make it right for the police and the school to force her to grant them FULL access to her messages and page. What they read on public on FB is another matter.

      If you post something for people to read online, you have released any reasonable expectation of it being private. Just because slashdot says that I own this comment I am posting, I understand that anyone can come along, copy it, post is elsewhere, etc. They might or might not credit it to me. Facebook is not different in any important way. Just because they claim that some messages are private does not mean they are.

      Again, you missed the point. In this case, under the guise of investigating her private messages, the school and police were really after her public (and protected rights) complaints about a school official. Both of which are supposed to be protected in different ways.

      They can sell it to whomever they want, just as facebook can sell your profile data to whomever they want.

      No, medical information is protected by law. The fact that violations occur does not make your medical information any less protected.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    47. Re:Without her permission? by jxander · · Score: 1

      Of course you wouldn't be liable for slander.

      Slander is spoken. In print, it's libel.

      --
      This signature is false.
    48. Re:Without her permission? by lonOtter · · Score: 2

      Prosecutors intimidate full-grown adults into accepting plea deals to get a lesser punishment for crimes they did not commit. I would imagine intimidating a teenager would be even easier. In my eyes, this has absolutely nothing to do with age, and has everything to do with intimidation.

      --
      [End Of Line]
    49. Re:Without her permission? by ironicsky · · Score: 1

      As a parent, I will never give my kids school permission to access her cell phone, email accounts, Facebook or any other online account. If they have concern about the content of a post she makes, or a message she may have sent, they can raise the concern with me and I'll deal with it accordingly. If they track her online usage while at school, fine - all organizations do it, they have to from a liability standpoint, but demanding her password? I'll raise hell.

    50. Re:Without her permission? by lonOtter · · Score: 1

      Even given your false dichotomy, are you seriously promoting that killing an unborn human is better than that same human being born and raised poorly?

      Better for who? Better for the one who would have to give birth? Probably. Better for the baby? Probably not. Guess whose body that baby resides in?

      As to your last blurb, it's because they think deeper than the bifurcation method you use.

      There's nothing to think deeply about; they're just hypocritical pieces of trash. No war (or whatever term they're using to describe these wars in an effort to avoid calling them wars) in a very long time has been anything but pointless and unjust.

      --
      [End Of Line]
    51. Re:Without her permission? by tompaulco · · Score: 1

      A 13 year old can't give permission.

      Heck, a 13 year old can't even have a Facebook account.

      --
      If you are not allowed to question your government then the government has answered your question.
    52. Re:Without her permission? by Anonymous Coward · · Score: 0

      The deputy and faculty should have to empty all of their accounts, including retirement, max out their credit cards and all of that be given to the student, then they all need to spend at least 50 years in prison and be placed on the child abuser registry.

      If you kidnapped a 15-year old and forced access to their private sex messages by threating them with imprisonment, what do you think would happen to you?

    53. Re:Without her permission? by lonOtter · · Score: 1

      In reality even email is not private. Once you release something that way you have no control over where it goes after that.

      In reality, nothing is private, because someone could violate your privacy if they put enough effort into it. Your house? Don't make me laugh. The government could trivially install surveillance equipment in it.

      Arguing against privacy is not a good idea, even if it's something that other people can find out quite easily. It just doesn't lead to a good result.

      --
      [End Of Line]
    54. Re:Without her permission? by Sique · · Score: 2

      As she was not even a teenager at the time, that looks to me like very strong compulsion from authority figures.

      Actually, she was a teenager. As 13 ends in -teen, she was literally a teen-ager, in this case, she was a thirteen-ager. And yes, that's the meaning of the word. A teenager is someone whose age ends with -teen.

      --
      .sig: Sique *sigh*
    55. Re:Without her permission? by Frobnicator · · Score: 1

      For the measly $70K, I think I might have continued fighting it through to an actual judgement. That won't even begin to cover their costs to date, nor will it cover the costs of home-schooling for six years. In addition to suing the district, I'd be suing the school administrator personally, and be suing the officer personally for criminal acts done under color of law.

      Actually $70 probably could cover the cost or just nearly so for a private school where she will get a better education than what the public schools had to offer anyway. Had she kept fighting it might not have gone her way. I would have countered probably with "I'll go away for 70K + legal fees to date" but I would have wanted to settle too; a bird in the hand is worth two in bush.

      Usually when you "win" a case through that kind of settlement they don't pay your legal fees, just the one lump sum. In fact, I'm a little surprised the number was released, usually the whole thing is private. It is possible that somebody leaking the dollar value may have automatically ruined the settlement, but I hope not. This has been two years in the making, so I'm pretty sure those legal bills are going to be rather substantial.

      You might be right, maybe it was $70K plus all costs, we don't have the terms of the settlement.

      As for the cost of schooling, I would look at the cost of private schools to see an equivalency rather than home schooling. A few minutes on Google shows that around here the going rate is about $18,000 for grades 5-7, and about $21,000 for 8-12, so about $141K for tuition alone. Maybe schools are cheaper in their area.

      --
      //TODO: Think of witty sig statement
    56. Re: Without her permission? by Anonymous Coward · · Score: 0

      Legally, the school can give permission for her, because they're in a limited role as her legal guardian while she's there (but since they're also in the role of the state, they must have just cause to suspect that a search is necessary before they are allowed to invoke that right).

    57. Re:Without her permission? by fustakrakich · · Score: 1

      Yes, on the internet you have no privacy. Regardless, the authorities broke the law. Too bad she was compelled to settle. They should lose their jobs and be hung out to dry.

      By creating an account on facebook did she not enter into an agreement as a minor?

      As a minor, the agreement is null and void.

      What's going on here? Are you trying to justify what they did?

      --
      “He’s not deformed, he’s just drunk!”
    58. Re:Without her permission? by Anonymous Coward · · Score: 0

      "Gimme your password or else..."
      Sounds like adults in position of authority abusing their privileges.

    59. Re:Without her permission? by rhazz · · Score: 1

      Most school boards have a mandate to prevent bullying, and the facebook comments probably fall under this category since it was made by a student of the school about an employee of the school. That it occurred outside the school is irrelevant, because the school must provide a mentally healthy workplace for both the employee and the student. I agree that the specific incident is overreach and not a good way to resolve anything, but there is very likely some legal responsibility on the school's part to deal with the conflict.

    60. Re: Without her permission? by Anonymous Coward · · Score: 0

      To mimic your writing - It most DEFINITELY DOES NOT cover coercion to obtain passwords. It ain't the detention (and they need a valid reason, by the way, not something yanked from her FaceBook) that bothers people, it's the coercion and exploitation of her privacy.

      First of all, they didn't need her password; they needed access by her logging in. That does not require her to give them her password. It only requires her to log in as herself and give them access for the purposes of their search.

      Secondly, they did have a valid reason; a parent reported that she'd sent sexually explicit messages to another student. That didn't give them full rights to look through any and everything on her private profile, but it gave them a reason to have her log them in so that they could look at that conversation in her Facebook message history.

    61. Re: Without her permission? by lonOtter · · Score: 1

      Legally, the school can give permission for her, because they're in a limited role as her legal guardian while she's there

      That just shows that our laws are completely screwed.

      --
      [End Of Line]
    62. Re:Without her permission? by Phreakiture · · Score: 1

      How many home schooled kids have you met? I have met four, from two families, and in all of their cases, they are functioning at an intellectual level well above most adults. Were I not able to see that they were children, I would have expected them to be at least 30 based on the way they communicated.

      One of the kids, at age five, was throwing around college-level vocabulary and asking me if I knew what the words meant.

      Of course, I see you posted AC, so you'll probably never see these comments. After all, we wouldn't want to take responsibility for our broad brushstrokes, now would we?

      --
      www.wavefront-av.com
    63. Re:Without her permission? by gstoddart · · Score: 2

      Except that it isn't. Facebook privacy is violated all the time.

      Facebook was essentially designed to violate your privacy.

      It's owned an operated by people whose mission statement is to violate your privacy, and who routinely decide that any setting you had concerning your privacy no longer applies.

      Facebook was built and is largely owned by a guy who takes the money he made violating your privacy and protecting his own.

      "So your medical company can broadcast you medical information all over the world?"

      They can sell it to whomever they want, just as facebook can sell your profile data to whomever they want.

      I don't think medical companies are legally allowed to broadcast your medical information.

      I don't necessarily agree that all of these tracking companies (who I do NOT do business with) should be entitled to collect or distribute my information. Which is why I do my best to deny them the information in the first place.

      I reject the notion that by visiting company X's website, that gives companies A,B,C,D,E,F,G,H and J the right to know that and do anything with it.

      --
      Lost at C:>. Found at C.
    64. Re:Without her permission? by Anonymous Coward · · Score: 0

      I agree with the sentiment. IMO, the officer and administrator need to be legally slapped so they think twice before bullying again.

    65. Re:Without her permission? by ducomputergeek · · Score: 1

      It would be interesting because if this were to go onto an actual court battle I'm not sure the kid would win. There is a legal concept in common law called: In loco parentis. In a nutshell it gives institutions such a schools quite a bit of leeway as long as it doesn't "Infringe Civil Liberties" and in the United States we've ended up with the Tinker Doctrine. But that covers more of the limitation of Freedom of Speech in a school than other items.

      But In loco parentis has longed been used to allow justification of locker searches. The argument being a parent is allowed to search the room of their child, therefore the school is allowed to the right to search the locker of a student. None of those cases have actually reached the Supreme court to really have a final ruling on where the lines are actually are as far as schools are concerned with In loco parentis. I don't think any schools want this court to make a ruling and set precedence about the limits of In loco parentis because Clarence Thomas has been a critic of the Tinker Doctrine in the past and school may lose a lot of their legal power over students if it ended up there.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    66. Re:Without her permission? by fremsley471 · · Score: 1

      Said I wasn't a lawyer! Perhaps I was thinking about the sorts of things you find on our private nets are more equivalent to conversation, that Facebook is a modern version; it's not published (libel), it's more equivalent to slander.

    67. Re:Without her permission? by khallow · · Score: 1

      The cost of home-schooling for six years is never being a well-adjusted person

      You aren't going to get that from a typical school environment either. You get to be a well-adjusted person by associating with people outside your narrow age group in normal social situations.

    68. Re:Without her permission? by khallow · · Score: 1

      If I wrote a letter to a friend saying I didn't think that person x was doing a good job and my friend took that letter and photocopied it and passed it around, I don't think I'd be liable for any slanderous proceedings (IANAL though).

      Sure, you can libel someone in that way. Lies or malicious attacks on my character don't need me directly involved (and often work better in fact, if I'm unaware of them for a time) in order to work.

      I think this crossed the line from public to private speech due to the password requirement for reading the comments in question.

    69. Re:Without her permission? by Anonymous Coward · · Score: 0

      Read facebook's TOS before you go repeating falsehoods.

    70. Re:Without her permission? by tompaulco · · Score: 1

      Even given your false dichotomy, are you seriously promoting that killing an unborn human is better than that same human being born and raised poorly?

      Hmm, that is hard to say, it should probably be considered on a case by case basis. Once the person is old enough to think rationally, they should be asked if they would rather have been killed in the womb. if yes, then we kill them.

      --
      If you are not allowed to question your government then the government has answered your question.
    71. Re:Without her permission? by FireFury03 · · Score: 1

      The summary said she gave them her password. That sounds like permission.

      The password was handed over under duress. Contracts signed under duress are legally invalid, so I would think that the implied permission given by the student under duress is also invalid.

      The bigger problem here though is that the student actually thought that what she posted on facebook was somehow actually private.

      There's no evidence that the student thought that what she posted was _private_. However, its reasonable to believe that only the people you've authorised to see to post are going to see the original post (doesn't stop one of those people copying and pasting it elsewhere though). I don't think it's reasonable to expect that someone is going to extract your password under duress to see a facebook post though (and the fact that they had to extract the password clearly shows that the post wasn't public...)

      Once you release something on the internet you no longer have control of it - particularly when you give that something to a for-profit company.

      Well that depends. When you sign up to a commercial service then you agree to a contract, which usually includes a privacy policy. And in the case of Facebook, they include privacy controls. It is reasonable to expect the commercial service to comply with the contract to protect your data - and indeed, if they don't then you can sue them for any damages it causes.

      Assuming you've given one or more other people permission to see the post, then you can't make any guarantees about what _they_ will do with it - nothing stopping them making a copy of the post and redistributing it (although this may be covered under copyright law). However, that is no different to sending that post to those people in any other way - doing it on facebook makes no difference. If you sent a hand written message to a bunch of people via the postal service, you're in the same boat - nothing stopping one of those people redistributing the message.

      However, all of that is irrelevant - the school didn't get to see the post because the student was careless and put it somewhere public, the school got to see it because they performed an illegal search of somewhere the school would not normally have access to. Doesn't matter whether they illegally searched the student's facebook account, bag, home, etc., the result is the same.

    72. Re:Without her permission? by Quila · · Score: 1

      I would have taken the $70K, but on the condition that the officials involved are fired and barred from future employment with the district.

    73. Re:Without her permission? by The+Rizz · · Score: 1

      Citation: Every baby ever.

    74. Re:Without her permission? by NoImNotNineVolt · · Score: 1

      Offtopic:

      Your sig makes no sense.

      "The Kruger Dunning" isn't a thing. You're thinking of the Dunning-Kruger effect. Which you almost-conveniently almost-link to. Try something like <a href="http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect">this</a>.

      --
      Chuuch. Preach. Tabernacle.
    75. Re:Without her permission? by The+Rizz · · Score: 1

      Most school boards have a mandate to prevent bullying, and the facebook comments probably fall under this category since it was made by a student of the school about an employee of the school.

      1) It's almost impossible for a student to "bully" a school staff member. You've got the balance of power reversed here.
      2) Even if you consider it "bullying", you just give the student detention or something.
      3) The school called in the cops and severely intimidated her - i.e. bullying. (So all those administrators and the cop should have to give their FB passwords to the girl now, according to your logic.)
      4) The school flipped shit over what amounted to a public declaration of "I don't like that person". No threats. No conspiracy. Clearly free speech. Massive overreaction.
      5) In order to investigate a public statement, they found it necessary to read her private correspondence!?

    76. Re:Without her permission? by tompaulco · · Score: 2

      the expectation of privacy on the internet is generally ridiculous.

      So what? That doesn't mean you get to ask for everybody's password to go investigate what they have posted. if there is no privacy, then they can take their own damn selves onto the interwebs and figure out for themselves what she posted.
      A thief is able to break into your house, that doesn't mean that you should be required to give them the keys.

      --
      If you are not allowed to question your government then the government has answered your question.
    77. Re:Without her permission? by wagnerrp · · Score: 1

      Henchman 24 of course!

    78. Re:Without her permission? by Firethorn · · Score: 1

      As a minor, the agreement is null and void.

      The law is not quite that simple. Minors are allowed to enter into agreements/contracts of their own will, and companies are allowed to do so. After all, a verbal contract is created every time a kid orders a soda or something from a fast food place.

      However, in general minors are only allowed to enter what I'd call 'trivial contracts', and even then enjoy a larger amount of protection. Facebook allowing 13 year olds to sign up for a free service is legal(in most areas). Now, if it had some clause in it saying that 'if you badmouth facebook you agree to be charged $400', courts would be even less sympathetic to it if enforced against a child than an adult.

      The end result is that companies have to be careful about the contracts they enter into with minors - the child has most of the power/protection. It's viewed as their responsibility to make sure the deal is equitable for the child, and realize that if anything goes wrong, it'll be them getting soaked, not the kid(generally speaking).

      If they still view it as worth the risk they can generally still legally contract with the kid.

      However, when it comes to legal matters, a different set of protections pop up for minors, and that's where the problem of her being pressured for her password comes in.

      --
      I don't read AC A human right
    79. Re:Without her permission? by Anonymous Coward · · Score: 0

      exactly!!

    80. Re:Without her permission? by Collective+0-0009 · · Score: 1

      Consider your anecdote countered. I know 3 (that I know of) and NONE are intellectually above others of their age. They certainly are not child geniuses like the ones you met. Perhaps that's the problem. Your limited experience was with a brilliant kid outside the mainstream and you have broadstroked all home schooled kids to be brilliant. Not much better than the GP AC, are you?

      I do know that all 3 that I know have EXTREMELY religious parents. And the fact that public schools are full of satanic liberals, is the main reason given for home schooling.

      One of the parents is even a teacher. But alas, you can't be an expert at chemistry, physics, sociology, biology, algebra, trig, english lit, composition, history, PE, Spanish, band, home-ec, economics, and the many other subjects presented in school. Anyone that thinks so is quite frankly ignorant. You can supplement with other experts, you can meet with groups, you can use the internet, but all in all, it's doubtful that most of the kids get the level of education I was presented with (not that all kids take advantage of it). There is a reason society has moved from subsistence farming to specialization.

      --
      I finally updated my sig, but now it's lame.
    81. Re:Without her permission? by IgnitusBoyone · · Score: 1

      I don't want to cause a stir, but its very important to site two amendments when applying the Federal Governments constitution to the State and lower governments. Most states have a section of their own constitution which repeats the bill or rights and there is a resin for this prior to the 14th amendment the Federal government did not have the right to apply the first amendment to the states since it clearly originally only applied to congress. Remember the bill of rights was designed to ensure the states that the new federal government would not override there current authority.

      --
      Momento Mori
    82. Re:Without her permission? by IgnitusBoyone · · Score: 1

      That might not be stated as clearly as I wanted to present the argument. The point is the constitution is a set of enumerated powers. It clearly outlines what applies to which level of government and when there is a problem because of the 10th amendment it gets handed down not up. Several of the first 10 ammendments were protection given to the states from the power of the federal government. These protections were a kind of buy off agreement to get people to join in to a union which wasn't always popular among the state populace.

      In the case of the first amendment it didn't always directly tie to the states. We latter changed that.

      --
      Momento Mori
    83. Re:Without her permission? by HiThere · · Score: 1

      Define your terms. Do it in such a way that an existence proof for a soul is possible. (Or, failing that, that it is possible to prove the absence of a soul, though that is distinctly inferior.)

      14th problem in the same series: Justify refusing to kill something which has an immortal soul, while being willing to kill something which does not. (This one is a paraphrase from Voltaire.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    84. Re:Without her permission? by TangoMargarine · · Score: 1

      I have to say in this case, the GP's invocation of DKE is *in itself* an instance of displaying the DKE.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    85. Re:Without her permission? by HiThere · · Score: 1

      How are you going to rertroactively kill them? Or are you claiming that because they would have rather have died prior to some experiences that they have had, that, having endured them, they now want to die anyway? But the enduring is a sunk cost, so if that's what you mean, your argument is fallacious.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    86. Re:Without her permission? by HiThere · · Score: 1

      If I understand the legal system correctly, if you communicate something to anyone who isn't in an attorney-client relationship with you, the authorities will claim that it is no longer private information, even if the other party is contractually obligated to not release it. And the authorities will usually be supported by the courts...or just not let the matter come to trial.

      Do I believe that this is correct? No. Do I believe that this is what the laws meant at the time they were written? No. But I do believe this is how they are being enforced by those with power today.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    87. Re:Without her permission? by I'm+New+Around+Here · · Score: 1

      Cool link. I have no idea what show that is, but it did make me smile.

      Well done.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    88. Re:Without her permission? by HiThere · · Score: 1

      That's what needs to happen to begin to restore justice. And that's what isn't going to happen.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    89. Re:Without her permission? by NoImNotNineVolt · · Score: 1

      On the other hand, I never knew the story behind the research.

      This guy was so unbelievably stupid that Dunning and Kruger took it upon themselves to study his idiocy in a scientific way. I mean, he must've felt pretty damn stupid when he got arrested, but then to find out he's literally a case study in stupidity? I got a good laugh out of it.

      --
      Chuuch. Preach. Tabernacle.
    90. Re:Without her permission? by HiThere · · Score: 1

      FWIW, a decade or so there was a story about UC med center sending it's records to a firm in Texas to by typed into the computer, which sub-contracted it to a firm in Florida, which outsourced it to a firm in India, which outsourced it to a firm in Pakistan. It only came to light because the Indian firm gypped the Pakistani firm and refused to pay them, so the Pakistani firm (actually, I believe it was a one-woman operation) refused to return the records, and sought to sell the information on-line. I didn't hear of anybody facing criminal charges, or even law suits. (I think the Florida firm had gone bankrupt, though it might have been the one in Texas.)

      So the medical practitioner might not have sold the records, but it didn't make much difference. And HIPPA doesn't seem to keep any medical groups from using MSWind computers connected to the internet. So whether for-profit or non-profit, if you ship information out, it cannot be guaranteed secure. SOME activities may be legally prohibited, but they laws are only very laxly enforced, and many activities that expose the information aren't even forbidden.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    91. Re:Without her permission? by Anonymous Coward · · Score: 0

      A LEO coerced a 'confession', or information, of a minor without parents present? I may not be a legal scholar, but isn't that highly illegal? Like, FEDERAL level illegal?

      These people, superintendents and school-appointed LEOs, really do live in another world! This is only gonna get worse.

    92. Re:Without her permission? by wagnerrp · · Score: 1
      From directly below the text of the quote...

      Show:
      Venture Brothers
      Episode:
      Venture Brothers Season 4 Episode 8: "Pinstripes & Poltergeists"
      Characters:
      Henchman 21, Henchman 24

    93. Re:Without her permission? by wagnerrp · · Score: 1

      This wisdom came from a ghost now inhabiting the skull of an henchman killed in an explosion during a firefight between the Monarch and the Office of Secret Intelligence.

      Also note, even spinach has a soul, so there's no sense going vegan.

    94. Re:Without her permission? by I'm+New+Around+Here · · Score: 1

      No, I saw the name of the show. I just don't watch it, so have no idea what it is, other than seeing that it's on the Cartoon Network. Sorry for the confusion.

      Now I must run back to the "Bash John McAfee" thread. :^)

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    95. Re:Without her permission? by damn_registrars · · Score: 1

      What's going on here? Are you trying to justify what they did?

      No. In fact, I said it was heavy handed. My point is just that there is no reasonable expectation of privacy online. She errantly believed otherwise. It does not appear that she learned much from this, but that is a different matter.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    96. Re:Without her permission? by Bronster · · Score: 1

      I was home-schooled untli year 11. I got 96/100 in the school system, which I considered to be a pretty good score (made me about 8th in a school of 500ish). My sister came through 3 years later and got a straight 100/100. She was also home-schooled until year 11.

      The plural of annecdote is still at the opinion level here. Just like any schooling - it depends more on the method of teaching and the individual student than where the schooling is.

      In my case, my parents mostly just left me to my own devices. They pointed me at the enclopedia and told me that most of what I needed was in there somewhere, and showed me how to use the index. This was mostly pre-internet. They also took us to the library frequently so we could have access to more books than they could afford.

    97. Re:Without her permission? by fustakrakich · · Score: 1

      It was more than heavy handed. it was criminal. Whatever privacy she expected online doesn't matter. The only issue are the criminal acts committed against her. There should be charges leveled against the school officials and the sheriff.

      --
      “He’s not deformed, he’s just drunk!”
    98. Re:Without her permission? by JoelKatz · · Score: 1

      She can't give the school permission to access Facebook's computers, only Facebook can do that.

    99. Re:Without her permission? by damn_registrars · · Score: 1

      The only issue are the criminal acts committed against her.

      I would say someone here - someone representing the interests of the student and/or her family - has interests outside of "criminal acts". This settlement came from a civil court. If the family's true top interest was justice for "criminal acts" then they should have sought to press charges in a criminal court.

      There should be charges leveled against the school officials and the sheriff.

      As I understand, leveling criminal charges against someone in the US means that there will be an investigation and a trial, and the accused can take the trial as an opportunity to respond to the charges brought against them and/or face their accuser.

      I say this not because I think you are opposed to justice and a fair trial but rather because some other people on slashdot (who we both converse with fairly often) very much are. As long as your idea of leveling charges means that there is an investigation and a trial, I am fine with that. As far as I have seen, we have basically seen only one side of this story so far. While the school agreeing to pay a settlement to the student implies admission of guilt, it does not prove guilt.

      I would be fine with an investigation and a trial to determine if the law was broken, and by whom.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    100. Re:Without her permission? by wvmarle · · Score: 1

      We shouldn't really trust most 13-15 year olds to make intelligent, informed decisions most of the time.

      And by having an expectation of privacy and/or ownership of what she wrote online, she made a very unintelligent and uninformed decision.

      Facebook provides all kinds of "privacy settings", allowing a user to set exactly who can see what. No-one, friends only, friends of friends, the world. So simply based on what Facebook tells their users, it's an informed decision to have expectations of privacy. It may even be called intelligent, where the girl reasons "the school won't like this, so I set it to have only my friends see the post, and there are no school teachers amongst those friends, so it's like talking to each other when we're out in the park."

      Now most people with a bit more life experience than a 13yo know that Facebook may be lying. Those really in the know, know that Facebook is lying. Furthermore it's of course ridiculous for a school to ask her password (one more reason to have her use a password manager as a password like 50plZ5njlf%*g9Fp - just generated that one with LastPass as illustration - is impossible to remember and this way she can truthfully say "sorry I don't know my password for Facebook").

      But I don't think it's reasonable to expect from anyone to spend hours upon hours of research on the quality of privacy settings offered by a web site. Like with what all other companies tell you about their products, you normally simply have to take their word for it. And that's exactly what most people do, most of the time. Only afterwards we may find out what was promised is not true. And then it's time to name and shame the company that lied, and in bad cases sue them. The first is often enough to put a serious dent in their business (e.g. a restaurant really hates people coming down with food poisoning after eating there, and having the world know about it), and may actually put a company out of business. That alone should be a good reason for a company to at least do their best to deliver what they promise.

    101. Re:Without her permission? by bingoUV · · Score: 1

      Yup, my grandmother is a hundred-and-thirteen. A teenager if ever there was one.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    102. Re:Without her permission? by rhazz · · Score: 1

      I suggest you re-read my comment. You seem to have inferred that I am somehow defending the school's specific actions here. I was responding to the parent's suggestion that the only thing schools need to worry about is teaching.
      1) Right, it NEVER happens... except it does. Maybe you're thinking of physical bullying?
      2) As I said in the GP, I agree this incident was overreach. 3) As I said in the GP, I agree this incident was overreach. 4) As I said in the GP, I agree this incident was overreach. 5) As I said in the GP, I agree this incident was overreach. The only thing I said that was specific to this incident was that it was overreach, which you clearly ignored.

    103. Re:Without her permission? by Anonymous Coward · · Score: 0

      Heck, a 13 year old can't even have a Facebook account.

      Incorrect, 13 is the age at which Facebook allows you to create an account

    104. Re:Without her permission? by Belial6 · · Score: 1
    105. Re:Without her permission? by Belial6 · · Score: 1

      Which is why every woman should be getting pregnant every time she ovulates. Because that unborn human would be better off than if it was allowed to die of neglect.

    106. Re:Without her permission? by anyGould · · Score: 1

      The summary said she gave them her password. That sounds like permission.

      And the article says that she gave them the password after being told to, in the principal's office, with a police officer present.

      Which is pretty much the school-age equivalent of being arrested. It's a fairly safe bet that it was not meant to be interpreted as a request.

    107. Re:Without her permission? by anyGould · · Score: 1

      Most school boards have a mandate to prevent bullying, and the facebook comments probably fall under this category since it was made by a student of the school about an employee of the school. That it occurred outside the school is irrelevant, because the school must provide a mentally healthy workplace for both the employee and the student. I agree that the specific incident is overreach and not a good way to resolve anything, but there is very likely some legal responsibility on the school's part to deal with the conflict.

      So, if the *parent* had posted the comment, would the school be justified in sending over the cops to get *their* password? Call you into the CEO's office?

    108. Re:Without her permission? by anyGould · · Score: 1

      When you're that old, you're entitled to a second round of being insufferable.

  8. Re:Not trying to steer the car this car off the ro by Frobnicator · · Score: 5, Insightful

    But what were these these "disparaging" comments exactly?

    Probably something like "These administrators are total fascists."

    Look at the districts reply: We searched her cell phone without permission. We won't do that again. Now we have a standard form requiring permission that all students must sign. WTF?! The problem was not a lack of parental signature. The problem was a flagrant abuse of rights, which apparently they are happy to continue.

    --
    //TODO: Think of witty sig statement
  9. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 5, Funny

    But what were these these "disparaging" comments exactly?

    "You look like someone that would read Slashdot."

  10. I've rewritten your policy for you. by Anonymous Coward · · Score: 1

    Schools agreed to pay $70,000 in damages and rewrite its policies to limit how intrusive the school can be when searching a student’s e-mails and social media accounts created off school grounds.

    The school cannot in any way, shape or form perform any kind of search of any student's e-mails, social media accounts, personal electronic equipment, etc.
    If any School faculty, administrative staff, board member attempts to do so, they will be shot on site.

    1. Re:I've rewritten your policy for you. by Anonymous Coward · · Score: 0

      Yes/No.

      I have parents who work as school administrators and I've seen all sorts of stuff happen. I will give some examples of what the school can do and what they can't do.

      Example 1: You sign into Facebook on a school pc or using a wifi connection provided by school. Everything you browse and/or post while on their equipment or connection can be considered as being done on school equipment and would be subject to any policies the school, district and/or state may have in place. Even if this is done from your cell phone, just being on their WiFi means you agreed to their rules.

      Example 2: You go home and start a hate group on Facebook about a teacher you and your friends all hate. As long as you keep all activities to personal devices/connections AND not while you are attending school (Very important just because it's done on your phone with your internet connection if it's done while you are at school it's a big gray zone), then the school cannot do anything about it. The teacher could possibly get the law involved in regards to slander but the school cannot discipline you because of it. But wait there's more.... most parents will be SUPER pissed when they learn their kids started a hate group about one of the teachers, that means that the school can now advise the parents (they don't even need a reason to do so) and then ask the parents would you agree if we suspend/give detention/etc the student because of the disrespect he is showing towards this teacher? The parents could and most will answer yes and you as a student are still on the hook for it all.

      In regards to searching a students anything... if you load your gmail on a school pc they can check squid logs and basically see your gmail account. They legally cannot go and sign in as you again but chances are they already have everything they need...

    2. Re:I've rewritten your policy for you. by Quila · · Score: 1

      On site? Can't we at least remove them from the school premises first?

  11. Terms of Service by Arancaytar · · Score: 1

    It sounds like the school was violating Facebook's Terms of Service, too.

    The school has no relationship with Facebook and isn't bound by any terms of service - it's the student who was coerced to violate them.

    1. Re:Terms of Service by Arancaytar · · Score: 1

      Edit: Maybe if the school, or some of the administrators directly involved, have a Facebook account, and the ToS also forbid users asking other users for their account information...

    2. Re:Terms of Service by Anonymous Coward · · Score: 0

      Terms of service don't just apply when setting up a new account, they apply when you try to access the server. You are bound by Slashdot's TOS when you visit even if you don't post. It is a stupid law, but it is there.

    3. Re:Terms of Service by 91degrees · · Score: 3, Interesting

      There is a concept of "Tortious interference with contract rights". If you are aware that a contract is in place, and convince someone to break the terms of the contract you can be held liable. And the standard of proof is a lot lower than criminal law.

      It's pretty unlikely that the school was completely unaware there were terms and conditions, and they really should have considered the possibility they were in breach of these terms.

    4. Re:Terms of Service by SuiteSisterMary · · Score: 3, Insightful

      The school started a relationship with Facebook the moment they knowingly logged in with somebody else's credentials.

      Credentials gained under duress, in case anybody says 'but she handed them over!'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    5. Re:Terms of Service by Bengie · · Score: 2

      It sounds like the school was violating Facebook's Terms of Service, too.

      The school has no relationship with Facebook and isn't bound by any terms of service - it's the student who was coerced to violate them.

      Knowingly asking someone to violate a civil contract is against the law. If Nvidia went to an AMD engineer and asked them to take a bunch of insider information and was going to pay them for it, Nvidia is asking the AMD engineer to violate a civil contract for whatever secret NDA stuff was signed when that engineer got hired.

    6. Re:Terms of Service by Anonymous Coward · · Score: 0

      Knowingly asking someone to violate a civil contract is against the law.

      "Will you suck my dick?" If you're married, arguably that could violate the civil contract of your marriage. But I'm not a party to your contract so it is mostly between you, your spouse, and whatever state you were dumb enough to give power over your relationship.

      Yes, you'll find exceptions especially regarding "adultry". For the most part, if I'm not a party to your contract, there is jack-shit I have in terms of responsibility to follow it. After all, did you provide me a copy of every single civil contract you have ever signed ever? And the time to read them? No.

      If Nvidia went to an AMD engineer and asked them to take a bunch of insider information and was going to pay them for it, Nvidia is asking the AMD engineer to violate a civil contract for whatever secret NDA stuff was signed when that engineer got hired.

      Likely, there are both legal and illegal ways to accomplish that same task. More so, lots of nuances. How much coffee your team drinks is "a bunch of insider information". It may not imply what you think it does as regards the law.

      IANAL

    7. Re:Terms of Service by Anonymous Coward · · Score: 0

      Knowingly asking someone to violate a civil contract is against the law.

      This is a bad example, a minor is not allowed to sign a contract so your argument would be thrown out in court. It would be far better to argue that the administrator fraudulently accessed a computer system and should be prosecuted under the CFAA. But of course the $70,000 is doubtless a payoff to avoid federal prosecution.

  12. Key words: "After a parent complained" by Anonymous Coward · · Score: 1

    Here's a lesson school districts need to take to heart: just because a parent says "do something!" doesn't mean you have to.

  13. This is in no way over by RogueWarrior65 · · Score: 2

    This girl is now going to be subjected to a lot of insidious B.S. until she leaves. Teachers will likely be very harsh for any sort of subjective grading. School staff is going to be watching her like a hawk. If she steps one toenail out of line, she's going to be in a world of hurt. If it's one thing I know, when you have no power and she really doesn't, the people who do have even a little power will make your life miserable. And this crap is going to follow her for a very long time too because it's now got a life of its own online.

    1. Re:This is in no way over by Anonymous Coward · · Score: 0

      If she was 13 at the time, and is 15 now, she's likely already in a different school, or will be by next year when she graduates into high school.

      That's not to say this might not follow her, but if it does, it won't be happening from the teachers and admins who were directly involved in the situation.

    2. Re:This is in no way over by Anonymous Coward · · Score: 0

      As someone who actually went to school I can tell you it is ridiculously easy to make a teachers life a living hell.
      The student and her parents could continue filing complaints about unfair grading every single day.
      Then there is the non-obvious illegal stuff you can do like harassment, threatening, following, poisoning, stealing pets and any number of other things.
      No, I think if the teachers try to escalate things they are going to be in some deep shit.
      At my school several teachers were harassed to the point that they left. One was harassed by stayed, even thought they never found out who was doing it.
      Teachers like to think they are in a position of power, but they are outnumbered 30 to 1 or worse.
      When one teacher started fucking with us because some students were late to her class, we just decided on mass not to show up until everyone was ready.
      She tried to have all of us punished, but what school administrator is going to send home all the students?
      Instead they told the teacher to deal with it.

    3. Re:This is in no way over by Viol8 · · Score: 1

      Newsflash little kid - teachers get paid regardless of whether snotty little shits like you turn up to class or not. They also get paid to shout at your if you're late. If you seriously think they *actually* give a sh1t then you're even more deluded than the average teenager and thats a pretty high bar.

    4. Re:This is in no way over by ruir · · Score: 1

      On the other hand some teachers, specially professors are like addicts in a power trip, and forgot why their salaries are paid, or who are their customers.

    5. Re:This is in no way over by Viol8 · · Score: 1

      And I bet you think their "customers" are the kids , right?

      Wrong!

      The "customers" are the parents just as they would be if they hired a private tutor. Kinds just do what you're bloody well told and shut TF up. If they don't like school thats just too damn bad. No one cares.

    6. Re:This is in no way over by Anonymous Coward · · Score: 0

      She did leave, she's now home schooled I believe. See the Star Tribune article on this.

    7. Re:This is in no way over by Anonymous Coward · · Score: 0

      Kinds just do what you're bloody well told and shut TF up. If they don't like school thats just too damn bad. No one cares.

      This attitude right here is a huge part of the problem. "Just doing what you're told" seems to imply that you aren't actually questioning what you are told or even thinking about it. No wonder America is the butt of so many jokes. Believe it or not parents and teachers are human and CAN make mistakes, or become abusive with power.

    8. Re:This is in no way over by vaxjo · · Score: 2

      She's already left the school system.

      FTFY:

      Riley, who now uses an alias on Facebook, has since left the Minnewaska schools for home schooling.
      She said she made the switch because the dispute “was so embarrassing and I didn’t want to go to any other school anymore.”

    9. Re:This is in no way over by Anonymous Coward · · Score: 0

      And I bet you think their "customers" are the kids , right?

      Wrong!

      The "customers" are the parents just as they would be if they hired a private tutor. Kinds just do what you're bloody well told and shut TF up. If they don't like school thats just too damn bad. No one cares.

      WRONG! The customers are society. That's why Common Core is such a danger, in ten years the new crop of people entering the work force are going to be incapable of doing simple math without drawing boxes, circles, and triangles.

  14. Felony Charges? by davydagger · · Score: 4, Interesting

    > It sounds like the school was violating Facebook's Terms of Service, too.

    Thats a felony under federal law now. Aaron Swartz was facing 15 years for something similar.

    Oh, and the reason why we don't have a free democratic nation, and the reason why you don't see adults dissent, is because it is beaten out of us as children. We don't have a school system which produces free thinking citizens as adults.

    We can pretend this is an isolated incident and not the trend of a large society.

    This also demonstates the need to post either anonymously or pseudonymlsy. Its to prevent authority figures from fucking you

    1. Re:Felony Charges? by Anonymous Coward · · Score: 0

      This also demonstates the need to post either anonymously or pseudonymlsy.

      Excellent point, Davy.

    2. Re:Felony Charges? by gnasher719 · · Score: 5, Insightful

      Oh, and the reason why we don't have a free democratic nation, and the reason why you don't see adults dissent, is because it is beaten out of us as children. We don't have a school system which produces free thinking citizens as adults.

      Every time I hear Americans talking about the "freest country in the world", I compare my school days with what I hear about school days of American children, and I don't know whether to laugh or to cry. At least in my class, "learning how to stand up against authority" was an (unofficial) subject.

    3. Re:Felony Charges? by Anonymous Coward · · Score: 0

      All this and more is why, if you really care, you should home school your children...

    4. Re:Felony Charges? by Anonymous Coward · · Score: 1

      At least in my class, "learning how to stand up against authority" was an (unofficial) subject.

      Depending on where you live that is a common thread through society.
      In the military I was taught to violate illegal orders and arrest my officer if he gave them.
      At work my boss expects me to argue with him when he is wrong, to the extent that he starts to defend his position before I even start.
      It is a great skill to have and in the end it benefits everyone. Being told when one is wrong might sting but in the long run the cases were you are wrong becomes fewer instead of more.

    5. Re:Felony Charges? by Anonymous Coward · · Score: 0
      This is the Slashdot of today:

      Anti-US anecdotal evidence = +5 mod, obviously insightful and true

      All other anecdotal evidence presented = CORRELATION IS NOT CAUSATION! Get your anecdotal shit out of this discussion!

      By the way, I feel blessed that I didn't have to experience a British school upbringing. I've read Dickens, and I actually own Pink Floyd's The Wall, and believe me, that English life must be hell.

      When I compare my school days to the complaints of the malcontents here with delusions of grandeur, who evidently went through school with an over-inflated view of themselves and the view that anything denied was because of totalitarian policies and tyranny, I don't know whether to laugh or cry.

      At least in my class, "learning how to stand up against authority" was an (unofficial) subject.

      Oh, good lord! Well in my class, we learned at the school of hard knocks! We [insert other stupid cliche here which apparently is "Insightful" bait for stupid mods]

    6. Re:Felony Charges? by Anonymous Coward · · Score: 0

      Every time I hear Americans talking about the "freest country in the world", I compare my school days with what I hear about school days of American children, and I don't know whether to laugh or to cry. At least in my class, "learning how to stand up against authority" was an (unofficial) subject.

      You should cry (on our behalf). America *was* the freest country in the world. Im old enough that Ive seen it radically change since I was a child. In case you havent noticed we have been overrun by liberal progressives. This is what we have become:

      1) we dont mean what we say ( eg. Obama and his "red lines" )
      2) reason and logic are avoided at all costs (eg. a child with a poptart shaped similar to a gun and pointing at the ceiling is expelled from school for having a "weapon")
      3) immoral behavior is promoted ( eg. the Christian cross is considered offensive, but a parade of sexual deviants barely clothed in leather is heralded as "awesome" )
      4) nobody is ever at fault, even if they made a bad decision.
      5) "tolerance" has become the battle-cry of the liberals as they beat, bully, and plunder anyone who questions their social policies.

      Please forgive us as we stay away from the rest of the world until we can get our act together again. Trust me, you dont want to accidentally catch whatever dreaded brain disease most of my country has.

    7. Re:Felony Charges? by PhxBlue · · Score: 1

      Every time I hear Americans talking about the "freest country in the world", I compare my school days with what I hear about school days of American children, and I don't know whether to laugh or to cry.

      Option C: Move to Canada. Or Germany, maybe.

      --
      !#@%*)anks for hanging up the phone, dear.
    8. Re:Felony Charges? by sgt_doom · · Score: 1

      Well said! Well articulated, good citizen, gnasher719!

      Indeed, the purpose for Rockefeller-based predatory capitalistic educational systems is to acclimate students for the fascist business world, where the criminal corporations believe, as workers, you also have no rights (and one ALWAYS has to take them to court to alter such thinking and behaviors).

      Both the school administrators, and deputy sheriff involved, had better have lost their jobs --- if not, they should be sued until they do!

      If they didn't then this simply points to what criminal organizations the school and the sheriff's department are.

    9. Re:Felony Charges? by davydagger · · Score: 1

      I love the best you can lump all discussion of everything that goes on in the USA that is not %100 propaganda as "Anti-US flim flam", as if there is a giant conspiracy against the USA that is responsible for all critism.

  15. Solution : Don't have a failbook account by Anonymous Coward · · Score: 0

    Failbook is for fucktards and this is a prime example why sheeple shouldn't have one yet they do to post shit someone else can use against them. Besides there are methods to post sit other than socially fucktarded media sites such as failbook. Blogs are one and having a website is another. HTML and PHP are so fucking easy to learn and if someone can't learn those then they are obviously too fucking stupid to even exist let alone use a computer.

  16. ACLU by Anonymous Coward · · Score: 1

    *This* type of thing illustrates well why I give money to the ACLU twice a year.

    1. Re:ACLU by citizenr · · Score: 1

      so they can negotiate fat settlement checks instead of winning cases?

      --
      Who logs in to gdm? Not I, said the duck.
    2. Re:ACLU by operagost · · Score: 2

      So they can make people take down monuments in remote locations that have been around for 60 years?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:ACLU by Ungrounded+Lightning · · Score: 2

      So they can distribute "Bill of Rights" posters with the Second Amendment deleted?

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    4. Re:ACLU by Anonymous Coward · · Score: 0

      Source?

    5. Re:ACLU by Areyoukiddingme · · Score: 1

      So they can distribute "Bill of Rights" posters with the Second Amendment deleted?

      Disingenuous post is disingenuous. The poster illustrates the 1st, 4th, 5th, 6th 8th, 9th, 15th, and 19th amendments. Leaving out the 2nd is not some grand conspiracy. It illustrates what the ACLU fights hardest for, and everyone knows the ACLU doesn't bother with the 2nd amendment. There's an entire organization devoted to just that one, so no need to duplicate effort.

  17. Re:Not trying to steer the car this car off the ro by CrimsonAvenger · · Score: 2

    She said that a Hall Monitor was mean, according to TFA.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  18. Re:Not trying to steer the car this car off the ro by CrimsonAvenger · · Score: 1

    It should be noted that the school did NOT search her cell phone because of what she said about the Hall Monitor (at least according to the school), but rather because the girl had been sexting with some other kid, whose parents complained to the school.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  19. Re:Not trying to steer the car this car off the ro by hermitdev · · Score: 1

    because the girl had been sexting with some other kid, whose parents complained to the school.

    Even if true, unless it was being done at school, why is the school involved?

  20. Why? by Anonymous Coward · · Score: 0

    Why would you even bother complying?

    Sure, you're likely to be substantially richer than you would be, had you not complied

    but I bet it would feel pretty goddamn good, to sit there and say "oh, you'd like my password?

    That's cute."

    You don't HAVE to do anything you don't want to do. You don't HAVE to obey authority.

    That kid should've laughed in the school's face to begin with. Ignored them completely. Tell the cops to come back with a warrant.

    1. Re:Why? by Anonymous Coward · · Score: 0

      Did you do this when you were 12 or 13? Good for you if so, but plenty of kids wouldn't, and honestly they shouldn't be expected to.

  21. You DO NOT "win" a settlement. by citizenr · · Score: 2

    Settlement is NOT a win. It is a cop out.

    --
    Who logs in to gdm? Not I, said the duck.
    1. Re:You DO NOT "win" a settlement. by ruir · · Score: 2

      Or so you say. When faced with a lengthy trial, that can go for years, costs of lawyers, and even if you are quite sure you are capable of winning, the possibility of 2 or 3 recourses, often you will settle for an x sum of money. You will be much saner, will go on with your life, and pocket some money on top of that. I did it a few year ago, and even if it would be easy to combat the clown lies my opponent was making up, with plenty of documentation to support my case, at the end of the day, I never regretted it.

    2. Re:You DO NOT "win" a settlement. by Anonymous Coward · · Score: 1

      She still can press criminal charges against the deputy and faculty.

      Charges include

      False imprisonment.
      Failure to read miranda rights.
      Failure to have attorney and parents present when questioning a minor.

      All serious charges, all with substantial prison terms.

      Go get em girl

    3. Re:You DO NOT "win" a settlement. by misexistentialist · · Score: 1

      Suing the government is always kind of joke since the government pays for its lawyers, damages, and settlements by forcing the aggrieved party and other innocent taxpayers to pay

    4. Re:You DO NOT "win" a settlement. by Anonymous Coward · · Score: 0

      His point is that a settlement does not establish precedent for future cases. If this had gone to trial, and a judge/jury found that the school had violated the student's civil rights, then it would become a matter of law that schools may not coerce passwords for 3rd party services from their students. Because it was settled, schools are free to continue the practice, although they may be advised to control the circumstances under which they do (ie, get the parent's permission in writing).

      Settling is almost always easier than going to trial. That's why we should respect the few people who are willing to fight on for principle.

    5. Re:You DO NOT "win" a settlement. by wvmarle · · Score: 1

      Settling is almost always easier than going to trial. That's why we should respect the few people who are willing to AND HAVE THE RESOURCES (TIME/MONEY) TO fight on for principle.

      FTFY

    6. Re:You DO NOT "win" a settlement. by bingoUV · · Score: 1

      Ok, and you didn't "win" the settlement. I don't see a problem.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    7. Re:You DO NOT "win" a settlement. by MooseTick · · Score: 1

      "False imprisonment.
      Failure to read miranda rights."

      School in general could be classified as "False imprisonment". That's its nature when you are a minor. You can't leave because you want to. You generally have to even ask if you can go to the bathroom!

      You only need to have your miranda rights read when you are under arrest. To my knowlege, she was never under arrest.

    8. Re:You DO NOT "win" a settlement. by Anonymous Coward · · Score: 0

      Or so you say. When faced with a lengthy trial, that can go for years, costs of lawyers, and even if you are quite sure you are capable of winning, the possibility of 2 or 3 recourses, often you will settle for an x sum of money. You will be much saner, will go on with your life, and pocket some money on top of that. I did it a few years ago, and even if it would be easy to combat the clown lies my opponent was making up, with plenty of documentation to support my case, at the end of the day, I never regretted it.

      Settlements are necessary because the US legal profession is completely out of control from an ethics perspective.

      We have legal professionals on legislative staffs writing laws that are hundreds or thousands of pages in length, who after they leave their staff jobs will go on to do paid consulting on those laws. Those laws are voted on by legislators who are mostly lawyers, then approved by executives who are mostly lawyers, then judged by lawyers who generally get their judgeships in a process that involves the same legislators, executives, and the Bar Associations.

      In many respects, the Bar Associations are the most powerful lobby in the country.

      That's not just ethical conflict of interest, that's conflict of interest on a staggering scale.

      A society that forgets its legal professionals are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system is doomed to end with a complete disaster for a legal system. We're pretty close to that point right now.

      This should have been a trivial case. James Madison wrote the Bill of Rights to be an open-ended document, allowing the people to assert rights as needed when the government got out of hand. This was done in response to the objection of the Anti-Federalists that, nobody being perfect, nobody could possibly anticipate all the abuses of fundamental rights that governments (and others, including unethical legal professionals) might attempt.

      Whether or not the school officials violated the 4th Amendment and the huge body of case precedent associated with it (another indication of a serious legal ethics problem: let's just create lots of complex and contradictory rules to create a huge artificial demand for the services of the legal profession), they certainly violated rights that can reasonably be asserted as being "retained by the people" under the 9th Amendment.

      As such, those officials are permanently disqualified from ever again holding any position of public trust or responsibility. It is not within the authority of any entity of government to grant immunity or right to pardon here, or the 9th Amendment becomes meaningless (in which case every executive, legal professional, police officer, and legislator involved has just violated their oaths to uphold the Bill of Rights). Anyone in government knowingly permitting those officials to occupy such positions becomes an accessory to the original violation, and subject to the same penalty.

      Case closed. Simple and straightforward, except for one minor issue:

      The US legal profession is desperately trying to keep the public from realizing the 9th Amendment even exists, since many of the rights that can be reasonably asserted under this amendment stand in direct contradiction to the wide variety of unethical practices that constitute much (not all, the system isn't totally corrupt) of the current practice of law in the USA.

      Hence the settlement. We pretend no wrongdoing happened, and all the illegal stuff gets ignored because it's not convenient to acknowledge it. The legal profession benefits, and the people being raped by the legal system benefit (they've still been raped, but at least it doesn't continue). Too bad that somebody's rights were violated, but shit happens.

      Or, in other words, the Bill of Rights gets used as toilet paper.

  22. Phone contents by phorm · · Score: 1

    Hmmm. If anything, that sound like a good reason for school officials *NOT* to be taking or viewing the students phone contents.

    1. Re:Phone contents by operagost · · Score: 1

      Yes. They could be instantly arrested for viewing child porn.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    2. Re: Phone contents by Anonymous Coward · · Score: 0

      My thoughts exactly. A student is suspected of "sexting", and the immediate response is to view the phones contents? That's just fucked up. Sexting between teens is hardly much of a crime, but adults looking through their phones damned well IS.

    3. Re:Phone contents by Anonymous Coward · · Score: 0

      Viewing isn't illegal, possessing, distributing, or creating it is. Just like it isn't illegal to smoke crack, it is illegal to possess, distribute, or manufacture crack.

    4. Re:Phone contents by Belial6 · · Score: 1

      Well, since schools have set up secret cameras in students bedrooms without getting arrested, I doubt looking at pictures on their phone is going to get them arrested.

  23. Confirms a couple of things by Anonymous Coward · · Score: 0

    1. Good for the kid. Seriously. 70k is a nice chunk of change 2. Glad the taxpayers had to pay for the settlement to the kid. 3. Yet another person named Riley who is little self indulgent prick. Signed, Life of Riley

  24. "After a parent complained about her Facebook chat by Anonymous Coward · · Score: 0

    "the school called her in and demanded her password as a deputy sheriff looked on."

    What the actual fuck?

  25. Re: Not trying to steer the car this car off the r by Anonymous Coward · · Score: 0

    I'm guessing that the sheriff was involved (due to quite likely child pornography) and the school was the easiest place to find her during his ordinary working hours. It's also quite possible that the other parent reported it to the school rather than to the police, but that's irrelevant - either way the police would have probably come to the school to find her.

  26. Re:Not trying to steer the car this car off the ro by interkin3tic · · Score: 4, Insightful

    Three reasons I'm guessing:

    One: people who make rules like these are fond of the idea that they are infallible. Admitting a policy was wrong would force them to admit they CAN be wrong, at which point they assume the students will riot and burn schools to the ground.

    Two: the people who made the policies aren't going to be changed, the groupthink that led them to that point hasn't changed, they still believe in the value of the policy and think that everyone else is just ignorant and misguided as to why the policy is so necessary.

    Three: Probably some idiotic notion about limiting liability. "If we admit it was wrong, someone ELSE MIGHT SUE US!" No one applies this logic to actually changing the policy or is willing to admit it's the policy that caused the lawsuit of course. It seems to be a weird quirk of groupthink that it's good to be shitty people in a half-assed attempt to limit liability.

  27. How about... by Anonymous Coward · · Score: 0

    ...people should be held accountable for what they say and do.

    1. Re:How about... by NatasRevol · · Score: 1

      Including the administration.

      --
      There are two types of people in the world: Those who crave closure
  28. It gets worse... by Anonymous Coward · · Score: 0

    But Schmidt said the district did not have a signed consent from the parent. That is now a policy requirement, he said.

    So the district wants to go from an individual lawsuit to a class action lawsuit? I refuse to sign half of the shit my district sends home, making it clear that we are under no obligations to waive liability or agree to their arbitrary demands in exchange for a free and appropriate public education (FAPE).

    One of the items they wanted us to sign stated that we waive the right to sue if our child was killed during a field trip. Only three parents refused to sign, and those students stayed at school while the rest of the class went on the field trip.

    1. Re:It gets worse... by causality · · Score: 2

      One of the items they wanted us to sign stated that we waive the right to sue if our child was killed during a field trip. Only three parents refused to sign, and those students stayed at school while the rest of the class went on the field trip.

      How typical. They like the extremely broad power that comes with operating in loco parentes but they don't want the responsibility.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    2. Re:It gets worse... by Redmancometh · · Score: 1

      "One of the items they wanted us to sign stated that we waive the right to sue if our child was killed during a field trip. Only three parents refused to sign, and those students stayed at school while the rest of the class went on the field trip."

      Gee it's almost as if the other parents care more about their kids having a fun day out of class than their ability to sue the school if their kid dies!

      I'm sure your priorities are all well and solid. I wish you were my dad/mom!

    3. Re:It gets worse... by anyGould · · Score: 1

      "One of the items they wanted us to sign stated that we waive the right to sue if our child was killed during a field trip. Only three parents refused to sign, and those students stayed at school while the rest of the class went on the field trip."

      As a parent, my first question would be - what the hell are you doing wrong that your first concern on a permission form is "don't sue us"?

      My kid's permission slips are things like "I agree to pay the cab fare if she's a little shit and we send her home early" (and useful things like permission to administer first aid and call doctors and things). I'd be asking questions if they wanted blanket immunity before taking my kid to the park too.

  29. I'd say "free ride to college" by Anonymous Coward · · Score: 0

    but let's be real: By the time they head to a university, that'll be a drop in the bucket. Pretty decent scholarship, though! And no ESSAYS.

    1. Re:I'd say "free ride to college" by Anonymous Coward · · Score: 0

      I would let them use my password for only $35K!!

  30. Felony Charges? by JRV31 · · Score: 1

    "All in all you're just another brick in the wall."

  31. They WERE... by Ungrounded+Lightning · · Score: 4, Informative

    ... apparently people are still using Facebook.

    Well, they were two years ago. From TFA:

    Riley was 13, in sixth grade, when she posted on Facebook two years ago that she hated a school hall monitor because she was mean.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:They WERE... by tompaulco · · Score: 2, Interesting

      ... apparently people are still using Facebook.

      Well, they were two years ago. From TFA:

      Riley was 13, in sixth grade, when she posted on Facebook two years ago that she hated a school hall monitor because she was mean.

      Looks like she violated the Facebook ToS already by not being old enough to have a Facebook account.

      --
      If you are not allowed to question your government then the government has answered your question.
    2. Re:They WERE... by wonkey_monkey · · Score: 2
      --
      systemd is Roko's Basilisk.
    3. Re:They WERE... by xclr8r · · Score: 1

      Unless the school district has a facebook account why would they care about what Facebook's ToS state. Their 'protection of the children' trumps all other directives anyways. /s

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    4. Re:They WERE... by Anonymous Coward · · Score: 0

      Asks schwit1, "How is this not a violation of the CFAA?" It sounds like the school was violating Facebook's Terms of Service, too.

      If that's all she said "she hated a school hall monitor because she was mean" they should have filed a suit against the pig Sheriff. That was a blatant abuse of power, using law enforcement as intimidation, this is exactly the kind of stuff most on here doesn't have a problem with, and I pray the same happens to them.

      And because of the Union, and this overreaction to shootings, the school can claim it was justified! Nothing, no where close to something like "I will kill the bitch, and kill all the kids that like her"....

      The other problem, is she posted this and parents [or a parent] saw the post [again an overreaction to a harmless statement] but I dont see a "privacy" issue. The emails on the other hand should be considered "private" and that would make that search illegal.

      Now schools can bully parents and students who make observations of their staff being a--holes, and use the old "we believe your kid threatened harm" bulls**t. And of course because parents don't parent their kids anymore, they will think it to be true.

      The abuses just continue to spiral out of control.

  32. School admin reach into off-campus life by swb · · Score: 5, Interesting

    The Minneapolis StarTribune had this article and what troubled me was this passage:

    "As part of the settlement, Minnewaska school policies now address electronic devices for the first time.

    The new rules say electronic records and passwords created off-campus can only be searched if thereâ(TM)s a reasonable suspicion they will uncover violations of school rules. Enhanced teacher training was also part of the settlement."

    What bothers me about this is that there seems to be this idea that there are "school rules" that can conceivable cover ANY off-campus behavior, actions or activities. The idea of "reasonable suspicion" as being the grounds for searching anything seems to just make this seem all the more egregious.

    As far as I'm concerned, the power of a school administrator extends to the boundaries of the school campus and only off-campus to the extent that the students are participating in some school-organized event (ie, playing school sports off-site or being on a field trip). You can't just say that because someone is a student in a school that you can create rules that extend past the schoolhouse door and empower you to utilize coercive force (police power) to enforce them.

    I'm sure much of this thinking has been driven by the motivation to cut underage drinking by making it a violation of school policies and thus eliminating eligibility for sports or activities.

    1. Re:School admin reach into off-campus life by SecurityGuy · · Score: 5, Insightful

      Agree completely. What schools sometimes fail to understand, or perhaps willfully misunderstand, is that they can't write policy that gives them permission to do anything. Their policies can only limit authority given to them by something else, such as law or parental consent, or direct how they exercise authority given to them by something else.

      Personally, I think the American educational system might be a bit better off if they spend more time teaching and less time trying to be parents. It'd also have the nice effect of not convincing bad parents that the schools are there to do their job when they can't be bothered.

    2. Re:School admin reach into off-campus life by swb · · Score: 3, Insightful

      I think this administrative overreach is a bigger problem in small towns and suburbs than it is in cities. I think in these smaller communities you basically have collusion between the local police and the school administrators which makes the school administrators defacto prosecutors and the local police their enforcers, which is a dangerous combination of unaccountability.

      I think there's also a lot of parental buy-in in these communities or at least a lot of parental peer pressure to keep this kind of system in place.

      In a larger urban environment there's less of this; I think there's less cooperation between the schools and the police because both systems are just much larger and you get less of the informal collusion between the police and the school administrators. There's also the issue of urban populations being generally less trustful of the police which I think keeps the police more disengaged from the schools.

      My sense is that most parents, especially your run-of-the-mill suburban types, probably believe that all of this school-as-law is a "good thing" of course until they run into a situation where it's their kid getting stripped of his rights and treated like a criminal.

    3. Re:School admin reach into off-campus life by AthanasiusKircher · · Score: 1

      You can't just say that because someone is a student in a school that you can create rules that extend past the schoolhouse door and empower you to utilize coercive force (police power) to enforce them.

      No more homework then?

      Teacher: "If you don't do the tasks I require you to do while not at school, you will fail this class, which will slow your education and put a bad mark on your transcript that will follow you for years in your career."

      Sounds like "coercive force" applied to activities required "past the schoolhouse door" to me.

      Don't get me wrong -- I'm NOT at all defending the school here. And I actually think kids these days have too much homework. But surely it is necessary sometimes for schools to have requirements for what students can do (and perhaps even cannot do) off campus, in order for them to function as good students when they are on campus. Those cases should have clearly defined limits, but they do need to exist.

    4. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      "After looking at the photos on your phone from over the weekend, we have noticed that you were in violation of the school's dress code"

    5. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 1

      Home work though is not actually required to be done at home in most cases. It is simply work assignments that must be completed, and you will likely need to finish them at home.

    6. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      If this new policy must be signed before a kid can be enrolled, and education is considered compulsory for all students, what happens if a parent says No?

    7. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      Teacher: "If you don't do the tasks I require you to do while not at school, you will fail this class, which will slow your education and put a bad mark on your transcript that will follow you for years in your career."

      Sounds like "coercive force" applied to activities required "past the schoolhouse door" to me.

      Depending on your time management skills, work ethic, and class load you can do your homework at school. I seldomly did my homework at home once I left elementary school.

      Turning in your homework is enforced at school. But usually, there is no mandate as to where it is done. So yes it's "coercive force", but it doesn't necessarily extend beyond the walls of the school.

    8. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      Studying is a smart move that will be encouraged by parents. It shouldn't be required or enforceable by school rules. If a kid doesn't come in with his homework completed it's the students loss. Homework should be dished out and encouraged, but no penalty should apply if your not giving students the time to do it during the school day. The impact of not doing homework will show through on tests and exams.

    9. Re:School admin reach into off-campus life by c · · Score: 1

      What bothers me about this is that there seems to be this idea that there are "school rules" that can conceivable cover ANY off-campus behavior, actions or activities.

      There's an argument that certain off-campus behaviours should be covered by school rules; cheating (i.e. hiring someone to do a school project, etc), kids on a school team using performance enhancing drugs, possibly bullying. But there's not much, and certainly any kind of the speech, "decorum" or association school rules should never be enforceable outside of official school activity.

      However, the idea that any private or public school administration has the authority to get the passwords for someones online service account and search the content is ludicrous, and for the organization to actually put that kind of thing into writing as standard procedure (if we think they're up to something, we'll coerce a student or parent into violating the terms of service of an online account) into writing is just begging for a lawsuit.

      --
      Log in or piss off.
    10. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      The main issue is, Schools are teaching kids they have no rights - no freedoms and no choice.. These kids then grow up to be adults who believe they have no rights, no freedoms and no choice - then they vote Obama and wonder what happened to the future and why they are still on welfare

    11. Re:School admin reach into off-campus life by Khashishi · · Score: 1

      Depending on your time management skills, work ethic, and class load you can do your homework at school.

      Class load varies so much with school. Some schools are massive babysitting institutions. Others grind you to tears.

    12. Re:School admin reach into off-campus life by Khashishi · · Score: 1

      The parent can opt to home school the kid.

    13. Re:School admin reach into off-campus life by Anonymous Coward · · Score: 0

      The new rules say electronic records and passwords created off-campus can only be searched if thereâ(TM)s a reasonable suspicion they will uncover violations of school rules

      Good. Give me the all of the electronic records associated with the sheriff and school administrators involved. They cleared violated school rules, I want to search their electronic records.

    14. Re:School admin reach into off-campus life by sgt_doom · · Score: 1

      Perfectly stated, swb, perfectly stated! School teachers and administrators and rogue deputy sheriffs need to be transferred into jobs where they can do no damage to the public, after suitable punishment, naturally! They are corrupt enough, had have done enought damage.

    15. Re:School admin reach into off-campus life by anyGould · · Score: 1

      There's an argument that certain off-campus behaviours should be covered by school rules; cheating (i.e. hiring someone to do a school project, etc), kids on a school team using performance enhancing drugs, possibly bullying.

      Most of those still involve on-school activities.

      • Hiring someone to do your homework is fine. Handing *in* said homework (in class) is plagarism. (There's nothing inherently wrong with paying someone to write an essay for you on Hamlet; it's passing that work as your own that is a problem, and you do that at school.)
      • If you're doping while in competition, you're under the effect of drugs on school property.
      • There's plenty of bullying happening on school grounds. If someone is beating the kid up after school, that's a matter for the police (can you say "assault", boys and girls). If schools spent half as much energy keeping the school grounds safe as they want to spend monitoring the rest of the world, kids would feel safer at school than anywhere else.

      Once my kid leaves the school ground, that's not the school's problem anymore.

    16. Re:School admin reach into off-campus life by jwhitener · · Score: 1

      That old saying, "it takes a village to raise a child".... is now being codified into law.

  33. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    ...if the school I attended tried to pull something like this, the kids I grew up with would burn that fucker to the ground.

    Kids need strength. They're being oppressed on a daily basis, in multiple ways.

    They need to learn to question authority.

  34. Re:Not trying to steer the car this car off the ro by causality · · Score: 4, Insightful

    Two: the people who made the policies aren't going to be changed, the groupthink that led them to that point hasn't changed, they still believe in the value of the policy and think that everyone else is just ignorant and misguided as to why the policy is so necessary.

    You remember how we've heard for years and years that our schools need more money? Well, they got it and they continue to get it. Do you know where that money went? Not to hire teachers and buy textbooks and computers ... no. For the most part, it went to hire more administrative staff.

    Much of schooling is a jobs project as illustrated by Jon Taylor Gatto. You now have lots of administrators who feel a need to justify the existence of their jobs. So, of course idiotic policies (especially "zero tolerance") will be deemed necessary. Like most problems society has, It was a predictable outcome.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  35. Y'know... by Anonymous Coward · · Score: 0

    ...in ages past 13 year olds were having to make choices that would affect anything from their entire personal future to the future of entire nations.

    Maybe if we returned that level of seriousness to 13 year olds we'd have less 18, 21, 30, 40 etc year olds who were acting so fucking immature. Maturity starts when responsibility is demanding. Treating youths as children until they're 18 or 21 or some indefinite point in the future isn't doing them any favors.

    I as well as many of my former associates of Gen Y are proof enough of that!

    Anon Y. Mouscoward

  36. Re: Not trying to steer the car this car off the r by FictionPimp · · Score: 4, Insightful

    In which case he should have a warrent right?

  37. Re:Not trying to steer the car this car off the ro by interkin3tic · · Score: 2

    Citation needed on that. And with legislators addicted to zero tolerance and get tough on shirts untucked, I'm willing to bet that most of the money came with strings on it that set the problem up. "Here's ten thousand dollars... no you cannot fix the roof with it, you need a metal detector!"

  38. Re: Not trying to steer the car this car off the r by ciderbrew · · Score: 4, Insightful

    and the parents / legal guardian should have been there.

  39. Try again by Anonymous Coward · · Score: 0

    "if you load your gmail on a school pc they can check squid logs and basically see your gmail account"

    Gmail is ssl encrypted, retard.

    1. Re:Try again by mrchaotica · · Score: 1

      Hence the previous Slashdot stories about schools installing their own root certificates so they can perform MITM attacks...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  40. No... by Anonymous Coward · · Score: 0

    The scary part was going through an American Public Education and watching all the kids go from free thinking independents into brainwashed cliquers who basically cast their die for life.

    I ran into or googled about enough former classmates to know that most of them, regardless of clique or cast or prospects for life, didn't ever dig their way out. Even the ones who'd left the city for greener pastures had returned, often as not due to lack of friends and lack of prospects where they went.

    I've had at least two suicides, a couple either slipped into mental illness or drove themselves there with hallucinogens, at least a dozen more are working shitty min wage jobs 10-15 years later, and at least 2-3 of the others have been in the news as felons.

    Real pillars of sucess we have going here.

  41. Re:Not trying to steer the car this car off the ro by Viol8 · · Score: 0

    "the kids I grew up with would burn that fucker to the ground."

    I'm guessing most of the kids you grew up with are probably in prison now for other things.

    >Kids need strength. They're being oppressed on a daily basis, >in multiple ways.
    >
    >They need to learn to question authority

    *yawn* Must be teenage cliche week.

  42. Re: Not trying to steer the car this car off the r by Anonymous Coward · · Score: 0

    And the motherfuckin lawyer!

  43. Germany & Japan got off easy. by Anonymous Coward · · Score: 0

    the students will riot and burn schools to the ground

    You say that like it's a bad thing.

  44. Re: Not trying to steer the car this car off the r by lonOtter · · Score: 1

    I'm guessing that the sheriff was involved (due to quite likely child pornography)

    It never ceases to amaze me how you don't actually own yourself in "the land of the free and the home of the brave." Very few people here care about freedom, and even if what you're doing is 100% consensual, they'll still come after you. Disgusting. Yeah, we're really "civilized."

    --
    [End Of Line]
  45. Re:Not trying to steer the car this car off the ro by L4t3r4lu5 · · Score: 1

    Because they can get away with it.If it were my kid, it would be a different story.

    Then again, I'm not aware of the whole facts of the case. I'm also sat behind a computer in a different country. I have no children with a Facebook account on which to post negative comments, as I have no children.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  46. Re:Not trying to steer the car this car off the ro by ShanghaiBill · · Score: 4, Insightful

    For the most part, it went to hire more administrative staff.

    Citation needed on that.

    Citation.
    Citation.
    Citation.

  47. Re:Not trying to steer the car this car off the ro by erikkemperman · · Score: 2

    You realize that "puberty" is nature's way of basically ensuring that young people learn to question authority, right?

    --
    Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
  48. The Cop's Thoughs by digitalPhant0m · · Score: 1

    I would love to see the Cop's thoughts on this.
    You would think that an officer of the law should be well aware of what the law is and when (they are) doing something is directly violating someone's rights (especially that of a child).
    I wonder how they felt intimidating a child?

    1. Re:The Cop's Thoughs by Anonymous Coward · · Score: 0

      He obviously was OK with it. Otherwise, he'd tell the administrators exactly what the deal is. Instead, he sided against the kid. Finding out who this guy is and publicly shaming him would do a world of wonders.

    2. Re:The Cop's Thoughs by Anonymous Coward · · Score: 0

      I would love to see the Cop's thoughts on this.
      You would think that an officer of the law should be well aware of what the law is and when (they are) doing something is directly violating someone's rights (especially that of a child).
      I wonder how they felt intimidating a child?

      The ALCU mentions the officer's presence without going into any details of what the officer did or didn't do. Everything being stated here as to the officer's actions is speculation.

      As for the the officer's responsibility to act. If you need someone to stop school officials from demanding a student's Facebook password then what you need is a judge not a police officer. Do you really want police deciding in the field if a school policy like this is overstepping? Really? They're not exactly a group of legal scholars.

      You want a cop's opinion? I guarantee a officer's response to this issue would be, "This is a civil issue not a criminal issue. You may want to contact an attorney to discuss legal remedies."

    3. Re:The Cop's Thoughs by PPH · · Score: 1

      You can bet he knew why he was called in: intimidation factor.

      Even if he just sat in the corner quietly, he should understand that this created an implied threat of custody. And inform the school district of laws and policies regarding questioning underage people outside the presence of a guardian. Tell the school officials, "Either you get a parent's OK before the questioning starts or I'm out of here."

      --
      Have gnu, will travel.
  49. Re:Not trying to steer the car this car off the ro by CrimsonAvenger · · Score: 1

    Even if true, unless it was being done at school, why is the school involved?

    Apparently the school thinks it has some moral obligation to deal with "cyberbullying", and since the parents (of the hypothetical other kid) complained, they (the school) had to investigate to determine if "cyberbullying" had occurred.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  50. Re:Not trying to steer the car this car off the ro by lonOtter · · Score: 2

    *yawn* Must be teenage cliche week.

    Questioning authority is a teenage cliche? I thought it was something everyone in every single country should be doing, as ensuring that your country retains its freedom, or helping your fellow man acquire freedom, requires vigilance.

    --
    [End Of Line]
  51. Re:Not trying to steer the car this car off the ro by tompaulco · · Score: 2

    Look at the districts reply: We searched her cell phone without permission. We won't do that again. Now we have a standard form requiring permission that all students must sign.

    So if all students must sign this, then why even have a form? What if they don't agree with the policy? Do they kick them out of school? Isn't the state required to provide education to the student, even if the child does not agree to an illegal and unconstitutional search of their property? If this was a private school, that is one thing, but a government funded public education facility must comply with the laws of the government. If they refuse, the government should withdraw the funding and throw the administrators in jail.

    --
    If you are not allowed to question your government then the government has answered your question.
  52. Re: Not trying to steer the car this car off the by Anonymous Coward · · Score: 1

    You only need a warrant to conduct a search without permission. If the person being searched, or their legal guardian in the case of a minor, gives permission, you don't need a warrant.

    The school's administrative policies probably should've demanded that a parent be present, but legally I don't think they're required to. When a student is at school, the school has certain rights that would normally pertain to the parents (for instance, the school nurse wouldn't be breaking the law by accessing the school's medical file without parental permission; similarly, you couldn't argue that the school had unlawfully detained a student if they gave detention).

    In particular, they have the right to conduct reasonable and justified searches, without a warrant, regardless of whether the student consents to the search. See: New Jersey v. T. L. O.

  53. Re: Not trying to steer the car this car off the by O('_')O_Bush · · Score: 1

    Not until you are legally an adult (18).

    That is pretty uncontroversial.

    --
    while(1) attack(People.Sandy);
  54. The parent gave permission by Hey_Jude_Jesus · · Score: 1
    They just didn't have the parent sign the permission slip.

    Asks schwit1, "How is this not a violation of the CFAA?"
    No, fraud involved and not a "protected computer"

    It sounds like the school was violating Facebook's Terms of Service, too.
    Did the school employees ever agree to the Facebook TOS? No evidence of that.

    1. Re:The parent gave permission by Quila · · Score: 2

      No, fraud involved and not a "protected computer"

      Computer Fraud and Abuse Act. If it's involved in interstate commerce, it is a "protected computer" under the CFAA. Facebook, and by extension any computer connecting to Facebook, is a protected computer under the act since it is in the business of interstate commerce.

      Now about the fraud. Actual fraud isn't needed, CFAA makes it a crime for anyone who "(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains ... (C) information from any protected computer"

      They used duress (cop and admin there forcing her) to exceed their authorization to obtain information from Facebook (a protected computer). CFAA charges should be filed. And since more than one person was involved, a conspiracy charge should be added.

      Did the school employees ever agree to the Facebook TOS? No evidence of that.

      If they were using Facebook, then they agreed. Otherwise, they were accessing the sytem without agreement, which could be unauthorized access. Facebook TOS:

      3. Safety
        5.You will not solicit login information or access an account belonging to someone else.
        6.You will not bully, intimidate, or harass any user.

    2. Re:The parent gave permission by PPH · · Score: 1

      So Zuckerberg needs to drag their ass into court. It won't make up for the ill will over Oculus Rift, but its a start.

      --
      Have gnu, will travel.
    3. Re:The parent gave permission by Quila · · Score: 1

      That would be nice, but I'd be more interested in the prosecutor going after these people with criminal charges under the CFAA.

    4. Re:The parent gave permission by Anonymous Coward · · Score: 0

      But that might actually inspire someone to CHANGE the CFAA. And we can't have THAT. /s

    5. Re:The parent gave permission by anyGould · · Score: 1

      And when you consider that a well-funded lawyer would still be pocket change for the Internet Tycoons?

      I've said it before, I'll say it again - if I ever come into Crazy Stupid Money like those folks, I will keep a room full of Trained Attack Lawyers on call, solely for these sorts of "public service opportunities".

  55. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    Come on, wouldn't you want to see those pictures too?

  56. Re: Not trying to steer the car this car off the by lonOtter · · Score: 2

    Not until you are legally an adult (18).

    You're merely restating something I'm already well aware of, and criticized. We are not "the land of the free and the home of the brave" at all; we're merely a country full of people who pretend to care about freedom, but in reality, just want to use laws to force their own morals down everyone else's throats.

    That is pretty uncontroversial.

    Because most people are morons, and not just when it comes to nonsensical "protect the children!" rhetoric. You can see this by how many people tolerate the TSA and NSA spying; sure, they're criticized by some, but are more than a few people willing to stop voting for the two evil parties, or do anything remotely meaningful? No.

    --
    [End Of Line]
  57. Re: Not trying to steer the car this car off the by lonOtter · · Score: 1, Insightful

    This was neither "reasonable" nor "justified." They'll pretend it was, but given that these people despise freedom and privacy in all forms, why would that be a surprise?

    --
    [End Of Line]
  58. Not good enough by Anonymous Coward · · Score: 1

    Not good enough.

    The school officials and deputy need to all be in jail: Conspiracy and Coercion are 2 crimes I can think of just off the top of my head.

    And since the courts have already ruled that they violated her constitutional rights, I'm sure there's some federal civil rights charges that can be brought against them as well.

    Worst outcome is an innocent verdict with a trial that bankrupts all of them.

    Best if 5 years in state pen + 5 in fed pen. Non concurrent.

    Seriously prosecutors and law enforcement advocates are always wanting to make an example of the bad guys, well how about making an example of the good guys who go bad?

  59. Couldn't keep quiet about the settlement? by mysidia · · Score: 1

    Is this one going to be void too; or did the school forget to add the confidentiality clause, for some reason?

    1. Re:Couldn't keep quiet about the settlement? by PPH · · Score: 1

      School districts, being public entities, may not be able to enter into confidentiality agreements like private people/corporations can. Their finances are open to public inspection, so eventually someone will go through and ask, "What was that $70K for?"

      --
      Have gnu, will travel.
    2. Re:Couldn't keep quiet about the settlement? by mysidia · · Score: 1

      so eventually someone will go through and ask, "What was that $70K for?"

      It would just be listed as "Legal expenses / Lawyer fees / Settlement costs".

      The financial statements of the public school districts may be open for public inspection, but, of course the sensitive details of individual transactions are not.

  60. All too common thread... by JasoninKS · · Score: 1

    "We are a school district! We are above the law!"

  61. Re:Not trying to steer the car this car off the ro by joe_frisch · · Score: 1

    In that case this is MUCH more serious. Sexting has sometimes been considered child pornography, a FELONY offense. Pressuring an underage person to reveal incriminating information that has the potential to send her to prison and ruin her life should be illegal.

    I don't know the law on questioning minors. Can the police question a minor without parental consent, and without a miranda warning? If so, this seems like a big weakness in our legal system. (since one cannot reasonably assume a minor is educated in their legal rights).

  62. Unfortunately Not Much Better Here by HannethCom · · Score: 1

    Our local airport just got voted #1 in North America for the 5th time in a row.

    The same airport that 4 police officers murdered a person in 2007. Nothing has been changed to stop this from happening again.

    The police officer who fired the gun (tazer) said he only shot once. Inspection of the gun and the video of the incident showed that he tazered the guy once, then walked over to him and tazered him when he was down 3 more time. This officer was not licensed to even have the gun on him at the time. Witnesses say that he was talking about tazering the victim even before seeing him. This police officer was found guilty of perjury, which according to law means he no longer can be a police officer in this country. He is still working in another province today.

    Three of the four officers were found guilty of perjury. One of them being the man in charge of the situation. He has since retired after killing another man by hitting his car. He was found to be guilty of obstruction of justice in trying to hide the facts of the accident as well. In two situations he was in charge where innocent men were killed and he lied about what happened in both cases and all that happened was he was force to retire.

    The other two officers, one of which was found guilty of perjury are still working in other provinces.

    This is only one of many stories about rape, beatings, murders, drug dealing and other serious offenses where police officers found guilty were allowed to stay on the force when legally they should be barred for life and many times should be in jail.

    --
    Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
    1. Re:Unfortunately Not Much Better Here by K.+S.+Kyosuke · · Score: 1

      Then publicize it. Go to the places where these people work and put up some informational posters. The locals deserve to have this information, don't they?

      --
      Ezekiel 23:20
  63. What were they supposed to do? by Anonymous Coward · · Score: 0

    "After a parent complained about her Facebook chat with her son that was of a sexual nature, the school called her in and demanded her password as a deputy sheriff looked on. When she complied, they navigated her Facebook page in front of her."

    Should the school just ignore the complaint from the other parent? They could potentially be on the hook for much greater liability for refusing to do anything about the allegations.

    1. Re:What were they supposed to do? by khellendros1984 · · Score: 1

      At most, the school's administration should contact the girl's parents and tell them what they were told. Behavior of children outside of school isn't something that is the school's responsibility to take care of.

      --
      It is pitch black. You are likely to be eaten by a grue.
  64. Re:Not trying to steer the car this car off the ro by oddaddresstrap · · Score: 1

    The school has a *legal* obligation to deal with cyberbullying.
    www.stopbullying.gov
    Whether it applies to situations outside the school is an interesting question.

  65. Re:Not trying to steer the car this car off the ro by Zordak · · Score: 1

    Three: Probably some idiotic notion about limiting liability. "If we admit it was wrong, someone ELSE MIGHT SUE US!" No one applies this logic to actually changing the policy or is willing to admit it's the policy that caused the lawsuit of course. It seems to be a weird quirk of groupthink that it's good to be shitty people in a half-assed attempt to limit liability.

    FYI, evidence of subsequent remedial measures is generally inadmissible.. It's a good rule, designed exactly for this kind of situation. This is from the Federal rules. As far as I know, most states have similar state rules.

    --

    Today's Sesame Street was brought to you by the number e.
  66. Re:Not trying to steer the car this car off the ro by X0563511 · · Score: 1

    Meanwhile, in reality, the administrators I know have to do more work than three of us and are held up to a higher standard. Better not make a mistake, or you're career is over!

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  67. Google is your friend by Pollux · · Score: 1

    Rather than take five minutes to post your question, why not take five minutes doing a simple Google search to get your answer?

    Better yet, post the answer to your own question and get some nice karma points.

    Thanks for giving them to me instead.

    And for the record, the comments were, "I hate a Kathy person at school because she was mean to me," and later, after being disciplined for that post, "I want to know who the f*** told on me."

  68. Re: Not trying to steer the car this car off the r by SleazyRidr · · Score: 0

    *warrant

  69. Re:Not trying to steer the car this car off the ro by Kaenneth · · Score: 1

    So... what happens if you refuse to sign?

  70. jailtime! by slashmydots · · Score: 1

    Stealing a password = jailtime. So who do they intend to arrest for this? It's damn well better be someone.

    1. Re:jailtime! by Khashishi · · Score: 1

      Hacking a password = jailtime
      Forcing a password out of someone = give that guy a job as a cop

  71. Every once in a while by gelfling · · Score: 1

    You have to tell the school admins and cops to get in line to suck your dick. Seriously. "NO", now expel me, send me to Gitmo, do whatever the fuck you assholes think you're entitled to do. Fuck off, die screaming.

  72. Re:Not trying to steer the car this car off the ro by PhxBlue · · Score: 1

    Daily Caller? Hahahaha ...

    Oh, wait, you were serious? Let me laugh louder!

    --
    !#@%*)anks for hanging up the phone, dear.
  73. Asks... by man_ls · · Score: 1

    "Asks schwit1, "How is this not a violation of the CFAA?" It sounds like the school was violating Facebook's Terms of Service, too."

    Because in our society, laws don't apply to law enforcement officers or other officials. It's one of the perks of those jobs.

  74. Re: Not trying to steer the car this car off the r by HiThere · · Score: 1

    That's what they say. Why do you believe them? They are obviously a bunch of criminals attempting to cover their asses.

    (N.B.: I'm not claiming it isn't true, I'm claiming that in context there is no reason to believe them. It sounds like the kind of lie they would invent to be a cover story, and no proof is offered. AND even if so it wouldn't justify their actions.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  75. Re:Not trying to steer the car this car off the ro by HiThere · · Score: 1

    Well.... My first reaction was to say "Bingo!", but then I thought. Doesn't "sexting" imply that it was only text messages?

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  76. Re:Not trying to steer the car this car off the ro by radarskiy · · Score: 1

    "So if all students must sign this, then why even have a form?"

    Every normal human being that speaks English understands the idea of not repeating the antecedent. Why do people insist in interpreting even the slightest indication of ambiguous language as proof that they themselves are the smartest person in the room rather than interpreting it in a way that makes sense for it to be in that place in the dialog? (See "principle of charity": http://en.wikipedia.org/wiki/P...)

  77. Re:Not trying to steer the car this car off the ro by ShanghaiBill · · Score: 1

    When a citation is requested and provided, the proper counter-argument is not to ridicule the source of the citations, but to provide your own citations that provide opposing evidence. According to the citations, since 1950, public school enrollment has gone up by 96%, the number of teachers has gone up by 252%, and the number of administrative employees has gone up by 702%. If you can find a citation that contradicts this statement, please provide it.

  78. Re:Not trying to steer the car this car off the ro by Viol8 · · Score: 1

    Questioning the authority of a ruthless dictator is one thing , questioning the authority of a teacher because he shouted at you because you were late for class or you couldn't be bothered to do your homework is petty, juvenile and achieves nothing other than the laughter of adults who've seen and heard it all before.

  79. Re:Not trying to steer the car this car off the ro by Viol8 · · Score: 1

    Teenagers may question authority but they have jack shit life experience so their questioning is usually naive, shallow, self centred and to most of the population over 20 - utterly irrelevant. So I'm afraid no one is interested in what they have to say because its the same old tedious tune played by every generation at that age. When they get older and have spent some time in the real world THEN they might have something of interest to say wrt the status quo.

  80. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    Not a chance this stands in court. As the parent, it's MY phone, I'M paying for it, I allow my child to use it. The release needs to be with ME. Oh, and minors cannot sign information releases.

  81. Re:Not trying to steer the car this car off the ro by interkin3tic · · Score: 1

    Just to be clear, I wasn't the one making fun of the source there, I only requested a citation. I didn't look into the citations yet.

  82. Re:Not trying to steer the car this car off the ro by lonOtter · · Score: 1

    All authority figures are fallible. All people are fallible. All authority figures should be questioned. I'd rather not have people dictating that people shouldn't question authority in certain instances because they think it's "petty, juvenile, and achieves nothing other than the laughter of adults who've seen and heard it all before" (which is completely subjective). Our school system is designed to indoctrinate and instill obedience in people (Which is why my kids don't go to public schools.), and the last thing I want are kids who don't question authority figures.

    Also, there's nothing wrong with being "petty" or "juvenile" in my eyes, especially with the way many people use those words. Whether the argument has any merit is what matters, not whether it's "petty" or "juvenile."

    --
    [End Of Line]
  83. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    You mean after they've farted out a couple of genetic copies and end up cornered by them like you, right?

  84. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    if it involved curse words that can be a problem in some states, you cant curse at a teacher...obscure, also not a good idea..

  85. Re:Not trying to steer the car this car off the ro by mythosaz · · Score: 1

    If it were my kid, it would be a different story.

    ...

    I have no children.

    All righty then...

  86. Re:Not trying to steer the car this car off the ro by mythosaz · · Score: 1

    Then you can take your kids to private school.

    Probably the same thing that happens if you refuse to wear the uniform, get them vaccinated, or submit their medication to the nurse's office.

  87. Re: Not trying to steer the car this car off the r by hermitdev · · Score: 1

    Having RTFA'd, I didn't see anywhere mentioned that their was imagery shared. As such, child pornography would not apply. Apparently, they were both under the applicable age of consent, so underage solicitation would not apply. Even if either or both of those occurred, if it did not take place on school grounds, with school resources, why the hell was the school ever involved? This sounds to me like bad parents that don't know how/are unwilling to confront and punish their child for behavior they find unacceptable. From what I've read, the school never should have been involved, and has no business being involved.

    Additionally, even if there was a suspicion of child pornography, a proper warrant would still be required to conduct the search.

  88. Re: Not trying to steer the car this car off the by hermitdev · · Score: 1

    Intimidation and coercion does not make consent.

  89. I wouldn't mind if they just ignored it. by Ungrounded+Lightning · · Score: 1

    Leaving out the 2nd is not some grand conspiracy. It illustrates what the ACLU fights hardest for, and everyone knows the ACLU doesn't bother with the 2nd amendment.

    I wouldn't mind if they just ignored it - and left it for other groups (like the Secon Amendment Foundation or the Cato Institute.) But they don't restrict themselves to that.

    For instance: A guy had a gun locked in a safe in his office. The crooks cracked the safe, stealing the valuables and the gun. Then the stoen gun was used in a later crime where someone died. The ACLU financed a wrongful death suit against the guy whose gun was stolen from the locked safe.

    Now this WAS a few decades ago. It was about the same time another office of the ACLU was defending the rights of the American Socialist Party (i.e. the American neo-NAZIs) to march in a Chicago suburb with a substantial population of Jewish NAZI death-camp survivors.

    Since then they've even allied with the NRA when their interests coincided. (Notably: when Chicago instituted warrantless searches of the south-side low-income housing projects for legal pistolsk, which they'd purported to ban by a housing authority rule. The NRA didn't like house-to-house gun sweeps and government landlords banning guns with unconstitutional, non-law, rules (giving the poor the choice of being homeless or gunless), while the ACLU didn't like warrantless searches. But I still don't trust them anywhere near a gun-rights issue, and haven't donated since that wrongful death suit.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  90. Re: Not trying to steer the car this car off the by hermitdev · · Score: 1

    I'll have to agree with the above. I had my first job at 15. I paid income tax, medicare, FICA, social security and all that jazz. I was pissed. So, I wrote "my" Senator and & representative. All I got back was a form letter about the importance of Americans paying their taxes, which flies in the face of one of the founding principles of the country: "no taxation without representation". Needless to say, I did not vote for either one of those people once I was able.

  91. Re:Not trying to steer the car this car off the ro by hermitdev · · Score: 1

    Except, this isn't a case of cyber bullying. It's a case of mutually engaged "sexting" via facebook chat that occured at home. One parent found out, and called out the dogs on the other kid involved (btw, why wasn't the accuser's kid also punished, if this was about sexting?).

  92. Re:Not trying to steer the car this car off the ro by hermitdev · · Score: 1

    Pray tell how this situation is cyberbulling?

  93. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    > You realize that "puberty" is nature's way of basically ensuring that young people learn to question authority, right?

    If by "question authority," you mean "provoke sexual desires so powerful you sneak off away from the adults to fuck, ensuring x number of babies are born every year," then yes.

  94. FTFY by Hognoxious · · Score: 1

    A Minnesota school district has agreed that the taxpayer will pay $70,000

    FTFY.

    Pity it won't come out of the individuals' pockets.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:FTFY by anyGould · · Score: 1

      A Minnesota school district has agreed that the taxpayer will pay $70,000

      FTFY.

      Pity it won't come out of the individuals' pockets.

      Well, it might have. The principal who is quoted in the article isn't the one who was there at the time, and the article doesn't talk about what happened to the Previous Administration. So in my happy world, the jackass who did this got quietly disappeared into a research taskforce on ant populations in kindergarten sandboxes.

  95. Re:Not trying to steer the car this car off the ro by Reziac · · Score: 1

    Egads. And meanwhile people wonder why cost per student has gone up while results per student are going down. Obviously "more teachers" wasn't the answer.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  96. Yup, educators are whores, .... by sgt_doom · · Score: 1

    ....which is why so many of them then run for political office, so as whorescum they can do even more damage.

    I have to constantly remind new occupants of Washington state that both our so-called "democratic" senators, Maria Cantwell and (former teacher) Patty Murray, voted down the public option for the ACA or Obamacare. Murray was a moronic teacher, now she's a moronic --- and corrupt --- politician (who voted for every military/Iraq War financing bill under Bush).

    1. Re:Yup, educators are whores, .... by RogueWarrior65 · · Score: 1

      In my experience, it's isn't really about political ideology as it is about people who feel the need to make sure you know where you stand in the pecking order. If you, as a student, complain to a teacher's superior about something and it gets back to that teacher, the very next day you can expect a pop quiz or a paper or additional reading or something to make sure you feel the consequences of your actions even if they are justified. That happens in every situation where there is even the slightest bit of hierarchy and there are petty people involved.

  97. Re: Not trying to steer the car this car off the by Belial6 · · Score: 1

    And this is why I say we live in an orphanage state. Most kids spend more waking hours under the parental care of the state than they do their biological "parents".

  98. The school isn't paying anything. by wad4ever · · Score: 1

    It's the taxpayers who have to pay the fine. And how is this fair?

    --
    --- wad
  99. Re:Not trying to steer the car this car off the ro by anyGould · · Score: 1

    Then you find out if they're actually serious about it or not.

    If it's just stupid boilerplate, they might never notice. If it's something they're slipping under the radar (my daughter's school tried a "we can use your daughter's image and name in our promotional materials" sheet this year), then they'll either quietly put a note in her file to Not Mess With This One, or they'll try and push it as a requirement (and then put the note in her file when they realize they're SOL here).

    If it's an honest to goodness Actual Legal Thing, then you'll start hearing from the school board lawyers.

  100. Who use real names? by ComputersKai · · Score: 1

    Many people on Facebook don't even have their real names posted.

  101. There ain't no cure by Hognoxious · · Score: 1

    Did you raise a fuss and a holler?

    The "no dice" bit would be welcome here ...

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  102. Re:Not trying to steer the car this car off the ro by Hognoxious · · Score: 1

    Better not make a mistake, or you're career is over!

    Shut the door behind you.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  103. Re:Not trying to steer the car this car off the ro by Hognoxious · · Score: 1

    Apparently she was complaining about a teacher's aid

    She upset a piece of AV equipment or lab apparatus?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  104. Re:Not trying to steer the car this car off the ro by Viol8 · · Score: 1

    Ok , so you're just some lame hippy giving it the rebel yell when really you should have grown out of that by now. I feel sorry for your kids. I'm sure they'll feel great not being told what to do or what to learn - until they have to enter real life and find out that to get a job that do actually need to know a bit more than Che Guevaras life story and how to knit hemp. I doubt they'll thank you for fucking up their childhood while you worked out your own anti authority demons. People like you are just a bit pathetic.

  105. Re:Not trying to steer the car this car off the ro by lonOtter · · Score: 1

    Ok , so you're just some lame hippy giving it the rebel yell when really you should have grown out of that by now.

    Calling me a hippy isn't going to debunk any of your arguments. I'm more of a libertarian than anything else. But even if you aren't, questioning authority figures is the only intelligent thing to do, for reasons I've already explained. I'm not going to get rid of my "anti authority demons"; everyone is fallible, and power corrupts. Do you take issue with either of those statements, which history has proven time and time again, regardless of the type of authority figure? It sounds more like you need to be more questioning.

    Either that or you're imagining that I'm wildly different from how I actually am. Questioning authority figures isn't the same as being a hippy.

    I'm sure they'll feel great not being told what to do or what to learn - until they have to enter real life and find out that to get a job that do actually need to know a bit more than Che Guevaras life story and how to knit hemp.

    You're assuming a number of things are true that simply aren't true at all. One of those things is that our public school system is anything but abysmal. Another is that I'm teaching them things like how to knit hemp. Neither of those are true.

    --
    [End Of Line]
  106. Re:Not trying to steer the car this car off the ro by Viol8 · · Score: 1

    I see you subscribe to the old logical fallacy of 1 = true ergo N = true. Just because an authority figure such as Hitler invaded Poland doesn't mean your kids need to question a teacher telling them the earth goes around the sun. Questioning everything everywhere all the time just leads to anarchy. But hey, whatever floats your boat pal, perhaps you are an anarchist. Luckily people like you are in the minority.

  107. Re:Not trying to steer the car this car off the ro by PhxBlue · · Score: 1

    When a citation is requested and provided, the proper counter-argument is not to ridicule the source of the citations

    If the "citation" here had any intellectual integrity, you would be right. The Daily Caller does not.

    --
    !#@%*)anks for hanging up the phone, dear.
  108. Re:Not trying to steer the car this car off the ro by Anonymous Coward · · Score: 0

    I see you subscribe to the old logical fallacy of 1 = true ergo N = true.

    Nope. That's your own misunderstanding of the position. My actual position (Not the straw man you decided to setup.) is that all people are fallible and that you should use your brain to decide whether other people are asking you to do something moral and/or logical, even if the person asking you to do something is an authority figure.

    Questioning everything everywhere all the time just leads to anarchy.

    You're a complete moron. Questioning does not lead to anarchy. Getting rid of all forms of government would lead to that. The two obviously aren't the same.

  109. Re:Not trying to steer the car this car off the ro by lonOtter · · Score: 1

    Obviously me.

    --
    [End Of Line]
  110. Re: Not trying to steer the car this car off the r by FictionPimp · · Score: 1

    NO, I actually wanted them to have the band there!

    http://warrantrocks.com/