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Illinois Students Suspected of Cyberbullying Must Provide Social Media Passwords
derekmead writes: School districts in Illinois are telling parents that a new law may require school officials to demand the social media passwords of students if they are suspected in cyberbullying cases or are otherwise suspected of breaking school rules. The law (PDF), which went into effect on January 1, defines cyberbullying and makes harassment on Facebook, Twitter, or via other digital means a violation of the state's school code, even if the bullying happens outside of school hours. A letter sent out to parents in the Triad Community Unit School District #2, a district located just over the Missouri-Illinois line near St. Louis, that was obtained by Motherboard says that school officials can demand students give them their passwords.
The law is blatantly unconstitutional.
I forgot the password work every time. Lame laws.
These /. articles are getting worse and worse.
My password is alt-f4. Make sure you press alt and then f4, if you press f4 and then alt, it will make your computer explode.
Nope you can't have it. 5th amendment.
This will end up working great until Facebook, Twitter, or one of the other large social networks threatens legal action against schools for logging into accounts in violation of the Terms of Service.
Isn't unauthorized use of a computer account a serious felony now?
Seriously though, can somebody remind me what the difference is between "cyberbullying" and speech protected by the first amendment to the US Constitution?
Is someone is a victim of cyber-bullying, can't you check the account of the victim too?
But then what about aliases and alternative accounts?
Social media: more trouble than it's worth.
Get free satoshi (Bitcoin) and Dogecoins
If the school tells the police, ok. But the school can kiss mine.
"Don't know it, sorry."
or
"Fuck You."
Unfortunately, the authority worship preached to our children in the public schools ensures neither of the correct answers will probably be given. The children of people smart enough to have taught their children this (doctors, lawyers, professors, etc.) don't have their children in the public institutionalization facilities, anyway.
This isn't going to do anything to help cyberbullying - which mostly goes unchecked because institutions and parents turn a blind eye to it. Instead, it's a base power grab to allow educators to harass students for behavior they disagree with, and to invade student's private lives. If state government doesn't have the right to pry into the personal accounts of adults, it certainly doesn't have the right to pry into personal accounts of children - a privilege which does remain the responsibility of the parent at hand.
Maybe the best way to counteract bullying isn't with macho statist nonsense, but by examining a system which encourages people to use cruelty to make themselves feel better? I'll be amazed either way if this helps even one case of actual cyberbullying, instead of us just hearing in a year or two about how some child predator school admin demanded access to a tween girl's accounts.
You're certainly free to demand whatever the fuck you want. Doesn't mean you're going to get it.
The school district aren't saying that the law gives them the power to compel students to give them their passwords. It also doesn't suggest that refusing to give the password is breaking the law. The school can ask, just as I could walk up to someone in the street and say they need to give me £5 or I will report them to the police for "being a moron", but as long as I don't threaten them, stray into harassment territory or impersonate a police officer (or other protected role).
That doesn't mean that the schools don't deserve to be chastised for sending out threatening, intentionally technical and misleading letters though.
fucking nazis
I can see schools taking social media into account when assessing counseling situations and perhaps even disciplinary action situations. Unofficially schools have been taking external circumstances into account for ages. Very few students are walking into school counseling to talk about their history notes or letter grades, it's commonly school+external circumstances like family issues, boyfriend/girlfriend, etc. Social media now plays a huge part in kids' lives and is obviously going to enter this arena, even though it's extra-curricular.
Demanding passwords seems like a clear violation of privacy though, and probably illegal as well. I'd expect them to backtrack on this policy very quickly, especially if it's making the news.
But the law can't make you hand it over.
If the school suspects some form of bullying, then shouldn't the victim be able to log on themselves and simply demonstrate the instances of cyber-bullying? No one needs to disclose passwords to anyone to prove cyber-bullying.
I'm pretty sure this violates the TOS on facebook or any other social media, since they specifically say not to disclose your password to anyone. They have no legal ground to stand on.
Global warming and other natural disasters are a direct effect of the shrinking number of pirates - Gospel of the FSM
EA - TM - E.
It's against most site's TOS to give anyone my password.
And it's against the TOS to access an account which does not belong to you.
By doing this, school officials will be accessing computer systems without authorization, which is illegal.
There is no such provision in the actual law. This is another overzealous school administrator claiming power they don't actually have.
A prime example is how many school boards illegally try to harass black students in the 60s and homosexual students today.
Schools jobs are education, not law enforcement.
They can in no way be trusted with passwords.
The real problem is that people expect the schools to deal with the bullying. NO. Bullying is a criminal matter and the cops need to get involved. If the child in question is a severe bully, arrest and charge him.
If not, have social workers take over - and let the social worker assigned to the case have access to the password, not some school board.
excitingthingstodo.blogspot.com
Step 1. Create social media account under my enemy's name and bully people.
Step 2. Enemy takes the blame since they can't give up passwords to prove otherwise.
Step 3. Profit!
Actually figured out step 2 this time. That's real progress!
But they didn't agree to the terms of service.
Ho-lee fuck. When will people ever stop with the goddamned "if you have nothing to hide" bullshit. Don't be ridiculous in the name of the "children" or "harassment", it's still just as disingenuous.
What a crock of shit.
You can have them the moment the judge issues a court order requiring we provide them to you. Until then...well, I guess we'll see you in court.
the correct response is "Nope".
They can demand all they want; but the answer is still: "Nope".
If they want to know what's up with a social media account, they can ask the CIA, NSA, FBI or get a warrant themselves for site the hand over the data.
But when asked for a password, the answer is always: "Nope".
They can get the police to ask the answer then becomes: "I want a lawyer".
Isn't there something in your law (Constitution even) about self-incrimination? If there's bullying, the victims should present the evidence, and I'm sure they'd be more than willing to co-operate. The bullies might even provide the password and change it at the same time on their phones - or hell, delete the evidence, since they now know you're on to them. Good luck with that password.
> Exactly what makes a school (or employer) subject to the Facebook TOS
When they log into Facebook (using the student's password), their use of Facebook's system is subject to Facebook's policies. There's a law about "unauthorized access to a secured computer system". You are only authorized to access Facebook's computer system in accordance with it's TOS. Any access outside of the TOS is unauthorized access. Not that school officials would actually be prosecuted in a situation like this, of course.
"Round up the usual suspects!" So the school will require everyone's passwords . . . in a sealed envelope, of course, "just for emergencies". And then they'll get lost or misplaced or stolen. Or even better, some prankster will set up a fake account in someone else's name. Hey, what are people supposed to do if they don't have accounts? Of course the school won't believe that.
.
"...or are otherwise suspected of breaking school rules...." So, if a student doesn't have a halll pass, the school administrators can make the parents turn over the social media passwords?
...I'd change my password to 'the-principle-fucked-me-in-the-ass-and-told-me-he-would-kill-my-parents-if-I-told-anyone-so-I-write-about-it-here' before engaging in any cyber bullying.
What happens if kid doesn't have a FB or Twitter account? Expulsion or something?
Bullying in any form is unacceptable. With freedom comes responsibility. The password idea isn't half bad; however, rather than ask for their passwords, I would recommend refusing them access to social media for one year, in addition to good old mandatory public service on weekends, for one year. Add to that a class in how to develop empathy.
I actually live in the school district that has created the issue. You can find the original printed notice here:
https://drive.google.com/file/...
From the language used, they seem to believe that their policy is enforceable by law. However, the actual text of the law says nothing about compelling access to a personal social network profile. This leads me to believe that a degree of incompetence has invaded the district's administration. Shocking, right?
I don't expect it to happen, but nonetheless I am telling my kids that if any authority figure at school asks for access to any of their personal accounts, they should defer to me so I can pass the issue along to the lawyer.
"because Terrorbullyism" AND "because For The Children"
I'm waiting to see this kind of bullshit inevitably optimize into a final solution. It's funny, because "more" oppressed and regressive countries will see it used as well.
It'll probably be some kind of dead-man or canary thing, that ultimately amounts to a very hard fact of "I don't have the password. I can't disclose it, and you can't fuck me for Obstructing Justice or whatever because it's outside me. It has to be supplied by [mechanism? person?]."
Score:3? WTF is Cops,yes?
They cannot compel you to surrender your password. They would have to get a warrant and go directly to the social media(spy) service.
I suspect it's also unconstitutional. Schools have too much power these days. As a parent, I have felt the force of that power. They can very much at times be vindictive.
What??? They want my password! Those bullies! oh wait, I'm being bullied! Give me YOUR passwords!
Violates Facebook's terms of service which violates the computer fraud and abuse act.
Forcing a child to violate TOS is contributing to the delinquency of a minor.
Also, throw in the prosecutor's favoriate, The Wire Fraud Act 18 USC 1343 for good measure.
... personality is tracable to your real life personality.
That should be a day in computer "science" class in... grade school.
"Okay kids"... "Repeat after me, NEVER use your real name or post pictures of yourself on the internet".
If you want to share photos with a friend, email them to him/her. If you want to have a place where you can store videos and photos, then do that on a private server or on some system you can wipe.
Do not use facebook. I know, that's hard. But if you use facebook, the principle will ask for your password at some point for no reason and you'll be compelled to provide it on pain of expulsion. So. Don't be that dumb. Don't use facebook.
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
UNCONSTITUTIONAL.
Any judge that upholds this law should be taken out back and shot.
Corporatism != Free Market
The law itself doesn't say anything.
Teachers may be *required* to "demand" a password (if that 's what the school's anti-bullying policy compells them to).
But there's nothing here to say that students must *comply* with those demands.
Now there's usually a separate set of laws which compel people to comply with certain demands made by certain officials. It's too hard to tell here whether password demands will fall into that bucket.
I mostly agree with you but for the who's job it is. It is the job of the parents. Simple as that.
Of course if you as a parent are clueless because your responsibility level have never been high enough to bother educating yourself, or found something workable which granted can be tough, then unfortunately justice will step in. Which as you said is not what schools are for as they are often clueless on raising children as well. Ugh.
Bullying comes from insecurity. But for a small percentage bullies are trying to use force to shift attention away from their own believed short comings. When someone insecure and uneducated raises children it can easily generate another generation of bullies.
Help children who have low self esteem to find out what they are good at and don't ridicule them! Set a good example for them and for their sake stop calling police etc. for every little issue. Stop being pussies and start taking responsibility for your own lives. Help others when you can and continue setting a good example! Everybody is valuable. Some are better at some things than others - good for them! Does not make you any worse. Start not expecting life to be the way you want it unless you create it. You are not a vicim so stop behaving like one! and so. /My little rant.
That would be two-factor, genius. Something you know and something you have.
if it wasn't a public school? Sure. Don't go snooping around my shit. Even if i've got nothing to hide I have a lot to be embarrassed about or just don't want people to know about.
Because it IS a public school? Yes. The rules are and should be different. The kids all have a reasonable right to privacy. But when there's substantive claims made about bullying, harassment, threats, etc. that reasonable right to privacy shouldn't matter.
Non impediti ratione cogitationus.
If the school tells the police, ok. But the school can kiss mine.
The answer is still No--Even to the police. Don't say "I don't remember", say "No you man not have that information"
If the police want information from your social media account, they can get a warrant and submit that to the owners of the website.
The word "password" is not in the text anywhere.
I saw nothing in it that gives the school district any authority whatsoever to do such a thing. It makes the bullying illegal, and gives the school the ability to support the victim. But it does not even mention giving school administrators access to private social media accounts of the accused.
It's just a bit long and I did skim in places, please feel free to correct me if you see it in there. But I don't see any provision that is even suggestive of what is being claimed in the aritcle.
If the kids have nothing to hide, then release it
sure, And I expect you to post your /. PW for us all. and while you are at it we need to see your bank records, you know in case you are helping fund terrorists. Please disclose your bank info as you have nothing to hide there is no reason not to right?
have you seen my sig? there are many others like it but none that are the same
It says nothing about giving passwords. It says schools have to create and follow a policy, and that they have to investigate claims of bullying. Nowhere in that law does it say that students have to actually cooperate with the investigation. Investigating could be as simple as questioning the involved students. Perhaps reviewing their public profile. Perhaps having the alleged victim show the evidence using the victim's login WITHOUT giving that to anyone.
School districts who claim this law gives them the right to demand account credentials are...well, I'll be polite. They're wrong.
rather small minded, viscous people
Why do you say they're thick and sticky? That's just a vicious rumor.
not only would I take them to court and file a civil rights compalint with the Department of Justice, I'd blog every step of the fight, with the phone numbers and home addresses of those pinhead dictator school board members.
and if my kid HAD cyberbullied, they would be so grounded. I'd take the smartphone away and they'd have a Jitterbug like Granny.
if this is supposed to be a new economy, how come they still want my old fashioned money?
It's not if you have nothing to hide. That is the wrong premise. It is that you have something you wish or don't to share. Privacy is the default. If the kid wants to say or show something well maybe. The kids privacy is protected first. I wanted to disclose this statement. Every other thing is private, not secret. Not disclosing things does not make me guilty, it makes me normal.
I am not a number
So I guess you are sqrt(-1)???
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
Well, he did mention Texas.
Thanks, folks, I'll be here all week! Try the veal!
They should just suspend both parties, harasser and harasee. Afterall, that's how most schools handle physical (non-sexual) harassment right? And it works oh-so well!
I read the PDF and the law doesn't seem to say anything about suspected bullies being required to do certain things (other than abstain from bullying, of course).
My best guess is that someone read the part about how the government requires the school to have a process for investigating what happened (d), and misread that as meaning that other parties (e.g. students) are required to have a process for assisting such investigations.
If it weren't so stupid, it would be clever. Imagine if the First Amendment could be overturned, not by a law that prohibits printing presses, but by having a law that cops are required to have processes for destroying printing presses. The cops would say to the people, "our problem is your problem" and I guess the people would say "aw, poor cops, I guess we have no choice to help you out, so we'll voluntarily destroy our own printing presses to keep you guys from having orders you're unable to obey."
"Believe me!" -- Donald Trump
> I hate Illinois.
No need to be redundant in such a short sentence.
All in all we're just another... brick in the wall.
Why? How can your rights magically vanish by virtue of the fact that you attend public school? Especially your rights regarding your life OUTSIDE of school.
If such substantive claims exist, that's a matter for the police, not the school. If not, then there's no reason for anyone to demand anything. Either way, the school has no cause to demand anyone's password. They're not law enforcement and shouldn't have law enforcement powers.
But teenagers are susceptible, emotional and are vulnerable to cyber bullying. What possible solutions are there? When there is a complaint of cyberbullying, for America based social networks like Twitter and Facebook, the schools may be able to go through court order and make them disclose the origin of these bullying postings and tweets. So if there is a law against cyberbullying they may be able to trace the IMEI number, cell phone number, IP addresses and other things for social media sites within American jurisdiction. That might give probably cause to make FB and Twitter disclose more info, like all tweets from that IMEI number etc. That may help them catch the bully.
But if the provider is out of the jurisdiction of the American Courts, there is no way to get this info. But teens being teens, the bullies would be careless, use their cell phones and use most popular american providers. But this will lead to the same selection process that created antibiotic resistant bacteria. The casual bullies will be out, but the real careful, malicious, thoughtful and methodical ones, the ones that are really dangerous will migrate to anonymous servers and difficult to trace providers, congregate there and do more damage.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
No - the Nazis were in favor of better pensions than that given to Illinois' public employees. Illinois is actually demonizing pensions as a way to excuse increased spending.
> Law and contract doesn't work like that. Law > Contract. If you agree to something in a contract that would violate a law, the law trumps it.
The computer fraud and abuse act (CFAA) is federal law. it says that unauthorized access is a crime. Do you think a school district's policies trump federal law?
I thought the point of schools was to provide children with an education. When did babysitting children's online behavior become part of their responsibilities?
The first amendment has limits.
You can't commit verbal assault (credible threats of violence), incite others to commit a crime (organizing a lynching), or spread lies in print to damage someone's reputation (Libel) and hide behind the 1st ammendment.
Cyberbullying can easily include those forms of non-protected speech. As an example, in a jurisdiction where suicude and or attempted suicide is illegal telling someone to kill themselves is inciting to a crime if the person actually ties it, and a lot of cybebullying can probably be considered Libel.
Why do they need their passwords? Shouldn't they be able to see what they've posted be looking at the victims account?
Coder's Stone: The programming language quick ref for iPad
An even better example is how schools harass and discriminate against conservatives!
If you are a law enforcement agency, you don't need the password and you make Facebook give you the data. If you are not, the bully can delete his data before he is caught, and you cannot recover them.
This could come back to bite teachers or administrators in the ass if they're sued for their actions. They'll undoubtedly get away with it with a lot of kids, but there are going to be a few that will tell them to piss off, and then things will get ugly and expensive, possibly for both school districts and the administrators personally if it's determined that A) they didn't actually have a legal right to the information and B) it was provided to them under duress (see "Color of Law" and "Color of Authority").
fencepost
just a little off
The word "password" is not in the text anywhere.
I saw nothing in it that gives the school district any authority whatsoever to do such a thing. It makes the bullying illegal, and gives the school the ability to support the victim. But it does not even mention giving school administrators access to private social media accounts of the accused.
It's just a bit long and I did skim in places, please feel free to correct me if you see it in there. But I don't see any provision that is even suggestive of what is being claimed in the aritcle.
I saw this when it was in the firehose yesterday, and I didn't just skim over the text of the actual law. Your analysis is correct. We already have ways to deal with this - call the cops. Cases like http://www.slate.com/articles/...>Rehtaeh Parsons, where the cops initially did nothing, and the resulting backlash anonymous threatening, then revealing the identities of the perps, forced the prosecutors to charge and convict some of them.
There ws actually no need for a "cyber-bullying" law - harassment is illegal no matter the means employed. But I guess legislators are like the patent office - add the words "on the Internet" and it's somehow different.
"Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
If someone made credible threats of violence against your child the correct response is to go to the police and file a report.
The school isn't a law enforcement agency. They shouldn't be enforcing laws. And they don't have the authority to intercede in anything that isn't happening on school grounds.
Direct and Open Violations of the Constitution, that you KNOW were in violation of it when you passed the law, could be considered as "Aiding America's Enemies" and makes the persons responsible for this law.... TRAITORS!
They should be immediately ARRESTED and CHARGED with TREASON!
There is my 2....
You can always get your degree online at snhu.edu.
Don't join social media sites.
If there's "substantive claims made about bullying, harassment, threats, etc." then there should be plenty of evidence (that can be provided by the victim) to involve the authorities and the court system to get a warrant, yes? [If the victim is no longer able to provide the evidence, their testimony or the investigation into the reason why they are unable to provide the evidence may itself may provide that evidence, again through use of legal means.]
A school conspires to pirate passwords and commit identity theft. This will teach trouble-makers that bullying is wrong.
People with 'you are the problem' mentality have 2 answers. Create more oppressive and generalized rules, or break the very rules they want enforced.
If you have nothing to hide, post social security number, bank routing numbers, and mother's maiden name.
This is an information society. EVERYONE has something to hide.
Just as felons are not required to register firearms, because they would be incriminating themselves, the students should not be required to disclose their social accounts info, as it also may subject them to criminal prosecution. I'm not a lawyer but know some case law on the first example, and can see it applied to the second.
Always resist violation of your privacy, even though the accounts are social accounts, you have the rights to limit access.
So only people who have enough money to attend private school have civil rights?
... Actually, that explains a lot.
Viscous? I know they move slowly, but c'mon.....
Graphiccard said bullshit
What if the accused bully has entirely unrelated facts to hide? Say, closeted gay?
I suspect that knock-on effects mean this won't actually reduce bullying all that much, just spread the fun around. Also, to run with that theory, there's a reason kids tend to stay in the closet until they're out of their parents' house. In extremis, to avoid child abuse. In milder cases, they may otherwise end up sent by well-meaning parents to some hellhole of a "pray the gay away" camp or boarding school. Further, there are laws on the books protecting children in some states from having to disclose certain medical conditions to their parents - abortions, and in certain proposals I haven't heard about having gone anywhere (but I haven't heard go away) contraceptive implants may be added to that. I wonder which law will have an exception carved into it for the other's footprint?
Second point - why are public schools different?
If the kids have nothing to hide, then release it. If not, pull the kids from the school. They're not obligated to go, and they're certainly not obligated to be abusive assholes either. We don't need more enabling of bullying and peer enforced sociopathy.
Actually, I'm pretty sure they are obligated to go, and in some states parents' drivers licenses can be revoked if their kids are truant.
Graphiccard said bullshit!
With the way things have been going, I'm not surprised by this.
Reminds me of about 5 years ago, right before I graduated highschool. I was called down to the principals office and informed that I was going to be disciplined for "disrupting the learning environment" for "liking" a picture on facebook (Something I did about two months prior to this).
The picture in question was an edited picture of our assistant principal, with red devil horns and a pointy tail.
They started hinting they wanted my password and were demanding information on who created the facebook page the picture was posted on, I started giving them shit for paying the school IT guy to sit on his ass browsing facebook (He was sitting in the office next to me searching for other people who "liked" the picture) while our math textbooks were falling apart (1/3 of them didn't even have covers any more and were missing pages).
End result, I was suspended for two weeks along with somewhere around 20 other kids and got behind on a lot of school work.
GraphicCard said BullShit !
Damn kids. They just don't know the classics... /facepalm
https://www.youtube.com/watch?...
Adminstrator: You are suspected of being a cyberbully. Give me your password to Facebook.
Cyberbully: No.
Administrator: Uh....
-Styopa
I'm sorry, sir, I don't have a social media account by that name. The one you're looking at was probably created by the FBI to catch pedophiles.
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
From the same state that made a law to make it illegal to take video of police. Nazis.
Why is this "blatantly" unconstitutional? It is constitutional to use drug dogs and enter a student's locker or backpack for student safety.
Actually, you were just making a "level one" joke, but I'll take to level 2!
Actually make your password Alt&F4!!
Look at it - eight characters, two caps, a number, and three special characters!
And given the technological silliness of the people making this power grab, you get an epic Who's On First routine for the 21st century!
"What's your password?"
"Alt and F4 Bang Bang"
"BangBang"?
"Yeah, that Cher song. Wanna play it on Youtube?"
"No. I want your password."
"I told you. Alt&f4 Bang Bang"
(Principal does Alt-f4 - Window closes.)
"Hey! You closed my program!"
"I didn't do anything. I'm on the phone, you're at the computer."
(Repeat for fifteen minutes and maybe the school admin will give up! If they survived that one, change it!)
Runner up is this site!
"Okay, I changed it for you. www./..org
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
Last I knew, there wasn't a severity test to invoke the constitution.
So what if your password was "IStoleAPepsi" ?
I'd love to see the tight-lipped response a savvy lawyer would use on that one!
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
There's room here for a vicious satire by a really smart teacher in one of those experimental schools.
"Civics 101".
But the curriculum is written upside down, to list the rights with wry tones of voice, then in very well documented fashion, all the case examples are rights abuses.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
Online gaming services make it clear what is unacceptable behavior when it comes to bullying. Do services such as Facebook, Twitter, etc. have similar terms and conditions? Why don't schools and parents leverage these mechanisms to address bullying?
In the same vein as another post I made, make your password ... that.
It could take strong nerves to get minor infractions and even an expulsion. The parent would need to be in on it, to deal with that.
"What's your password?"
"Fuck You"
"What did you say?"
"I said, Fuck you!"
"That's it, young man, you're in detention/expelled" (depending on how long it went on).
(Time passes)
Administrator discovers he was so angry, he somehow managed not to get the password. So he calls the parent.
"Hello, Parent. I need your son's password, because you know, for the children and stuff."
"Fuck you"
(More hilarity)
Rinse and repeat with new passwords.
: )
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
I can see a student with a lawyer as a parent now... except, they'd write it better...
I'd be happy to give you a password, please just give me instructions in writing so I can be sure to comply. To assist you in this activity, I have supplied a template.
"
I [school admin]
Hereby indicate intent to puntively expel [student] if they do not comply with my unlawful demands to:
1) Aid and abetting unauthorized computer access [Insert rrelevant state statue that's almost everywhere]
2) Impersonating an account, with intent to commit identity theft and fraud
3) Violations of the computer fraud and abuse act via unauthorized access to a system engaged in interstate commerce as per 18 USC S 1030. (just put in a banner ad..)
4) Willful, informed violation of acknowledged exclusive copyright of the owners of [accounts requested] via breach of [site] acceptable use policy.
5) In event an actual crime was ever committed -- now or in the past, on this account, by requesting access I share equally in the blame and suspicion of all criminal activity and civil liability, as I am now capable of impersonating [person].
Signed and as a freely offered admission of guilt,
[admin name here]
"""
What else applies? If they ask for multiple accounts can we establish a conspiracy and RICO violations, or is that just for felony?
I'm not a lawyer, I know it gets complicated, but this seems like a veritable litigation GOLD MINE publicly funded school district, or at least a good way to leave the person that requested this in night sweats.
Even better if you can have the student sign up on a site you own so you can actually enforce the copyright claims on our own content... Maybe even the clickwrap. You'd have evidence that they logged in, copies of the breach, a record of everything they downloaded, and a recording of when they agreed to arbitration in somalia when they logged in, right? And that any breach of the agreement constitutes a irreperable harm to the business?
No - the Nazis were in favor of better pensions than that given to Illinois' public employees. Illinois is actually demonizing pensions as a way to excuse increased spending.
Illinois has the largest unfunded pension in the US, so demonizing their ridiculously high pensions is exactly what should be happening. They come in #32 out of 50 in state spending per capita, so out of control spending is not the reason the pensions are out of whack. Illinois comes it as #14/50 in total state and local tax revenue per capita as well, so the problem isn't that they aren't taxing enough either.
The pensions are being demonized because they are the problem.
-- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
If we don't allow bullies in school, where is the next generation of law enforcement going to come from?
Schools have done such a marvelous job with zero tolerance gun laws that we have to have examples of how the law has punished schools that break the law right? I mean, you said the system is working so show me one example of this happening. I wonder, exactly how much money in pain and suffering did that 8 year old kid get after the school suspended him and cops interrogated him without his parents for biting a pop-tart into the shape of a gun? Oh yeah, nothing. The family spent a ton of money to fight the school and had to move their kid to a different school recouping nothing.
Yeah, that was probably a bad example of schools abusing power, so let me ask a more direct question about your statement. How many prospective/current employees have been able to recoup damages from employers demanding their social media credentials? Again, if what you say is true we must be able to find some examples of either civil or criminal actions taken against these employers right? Oh, again we find that nobody received any damages for the coercion to break a contract, and nobody went to jail for clearly violating a person's rights.
-The wise argue that there are few absolutes, the fool argues that there are no probabilities.
I wonder how many old passwords I have forgotten over the last 25 years. I could not surrender many passwords no matter how hard I tried. I imagine high school kids also forget passwords now and then so some supposed power to force them to reveal a password is wishful thinking at best. And the idea that we should do so much protecting against cyber bullying is a bit off as well. School years teach us many things. Not the least of which is how to deal with a bully. A kid that commits suicide over rants on the net is one heck of a defective kid. The idea that parents and techers might tell kids to buck up and deliver as good a punch as they take whether verbal or physical should be part of raising kids. I have a relative who went through school with severe medial issues. I told him to make buddies with a couple of really big kids in school and explain to them that he could not fight back and might one day need to ask for their help. They took it as a compliment and he never had anyone try to push him around in school as they knew his friends would get very involved. Girls can easily ask guys to help protect them in schools as well.
I'm guessing that if currently Federal court precedent that says you cannot compel someone to give up their lock code for their cell phone or other account, is the same law that will allow a student to keep from giving up their social media or other pass codes.
Regardless of your standing, you can always invoke the 5th Amendment in the US, protecting themselves against self-incrimination.
Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
Actually I specifically changed my encrypted container's passwords to a phrase that would incriminate me, potentially in a very bad way (yeah, I've done some bad stuff). That way I can plead the 5th anytime they ask me for my pass phrase to my LUKS containers.
Oh shush. If you weren't hiding deviant criminal thoughts you wouldn't need any ungodly privacy.
I have no qualms about letting anyone in any position of any authority know the full extent of the side-paths and alleys my daughters take on their way home from school when walking. I would happily divulge my SSN and full credit-card history and information. My wife's penchant for certain acts of coitus, as well as my own performance metrics in relation to these penchants would never be abused or sold.
The mere concept that this information could be used to blackmail, extort, defraud or in any way or fashion harm myself, my professional or social standing, or my loved ones directly is utterly preposterous. Next you'll pretend that unscrupulous individuals might kidnap children or make purchases with my own finances, or that some magical advertising departments of various large corporations would somehow even "pay" for all of this and mystically "target" advertisement and promotions like there was some sort of algorithmic formula that allows them to use these worthless scraps of information in order to predict my tastes or actions and head me off with foresight.
Rubbish.
....and don't have adult rights.
Outside School hours. The botton line line here is that once the kids are out of school, the P_A_R_E_N_Ts are in charge, not the school. This is just one more bit proof that school is not about education, its about indoctrination. It is unconstitutional and its bullshit.
If it makes Bullying illegal, how is it legal for the School system to bully kids out of passwords the school has no right to.
They are unfunded because they were stolen from. If you think the average state employee's pension is high, you're believing the propaganda. State employees don't get Social Security. A percentage of their income gets paid into their pension instead.
There was one politician who managed to wiggle his way into 3 separate pensions (from multiple political appointments) and was properly criticized for it, but it was also used as a platform to make it seem like everyone's is high.
If they have a true legal right to view your account, the school shouldn't have to come to you to gain access. They should contact Facebook and have then grant access to your account.
Ninjas don't carry tic tacs
Why not just go with "FuckYou,I'mNotGivingYouMyPassword!"
SCOTUS: Tinker v. Des Moines (1969)
Holding: Students do not leave their rights at the schoolhouse door.
To protest the Vietnam War, Mary Beth Tinker and her brother wore black armbands to school. Fearing a disruption, the administration prohibited wearing such armbands. The Tinkers were removed from school when they failed to comply, but the Supreme Court ruled that their actions were protected by the First Amendment.
--And, by not hearing a case, said that 24/7 policies are over-broad:
Supreme Court Refuses to Hear '24/7' Policy Case:
The state Supreme Court has declined to hear a case involving the Ramapo Indian Hills School Board’s appeal of a ruling that struck down a policy that would bar students from participating in sports and extracurricular activities for off-campus misconduct.
The Supreme Court’s denial of certification on Jan. 16 means that the earlier ruling, entered last year by the appellate court, is final. In that ruling, the appellate court found the district’s policy to be so “overbroad” that students could conceivably be disciplined for minor off-campus infractions such as littering.
The case arose when the parents of a high school senior brought a legal challenge to the so-called "24-7" policy, claiming it violated state regulations and provisions of the state constitution.
Technically, it's: http:///..org
That would be two-factor, genius. Something you know and something you have.
Then make sure that the "something you have" stays at home. That way accessing their social media accounts would require a search warrant.
This would require cooperation from the kids not to create other accounts, etc, but for well behaved kids with a good relationship with parents, it might work until some time in High School, at which point you would hope they would have developed enough common sense and self control to avoid unintended inflammatory postings.
Who hands out his password at school has nothing to hide in his life later on either.
Both the ACLU and the state legislator who wrote the anti-cyberbullying law say there is no law that requires students to turn over their passwords.
http://www.huffingtonpost.com/...
The law never even mentions the words "password" or "login". The schools are lying when they say this law requires students to divulge passwords on administration demand. No person can ever be forced to reveal incriminating information, under the fifth amendment, and the SCOTUS has already notes that his applies to passwords.