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.

Comments

Bullshit

[sexconker]

The law is blatantly unconstitutional.

Re:Bullshit

[msauve]

Where have you been? That's never stopped them before.

Re:Bullshit

[skgrey]

And unbelievably ignorant in terms of technology and the sanctity of passwords and system access. These are the people teaching our children and making policy? That's very frightening.

Schools should already be implementing some sort of technology instruction in terms of environment, protection, and safety starting in 4th grade or so. And for those that think this is too young, many kids have smart phones and tablets before they can read to watch videos and play apps, and are already growing up with these devices and the Internet being part of their lives. Now imagine your ten or eleven year old has this device and is on every social media, search engine, porn site, or board. It's not even the content we have to worry about, it's the other people on them. Schools are the perfect place for this, but the people there have no clue. Sure, give them your password. Ugh.

Re:Bullshit

[terraformer]

The law is blatantly unconstitutional.

Actually, the law doesn't demand the password. The school districts are making it up because they don't know about or have police powers and are otherwise clueless. The real issue here is the law puts activity occurring outside of schools into the hands of school administrators.

PS: The constitutionality of demanding a password has never been finally tested, but this doesn't get us there either.

Re:Bullshit

[geekmux]

The law is blatantly unconstitutional.

I know it may have been a while since you've set foot on a school campus while under the age of 18, but you won't find much evidence of Constitutional Rights anywhere outside of the book they're ironically using to teach students about the Rights they refuse to acknowledge for students.

Hell at this point I'd fail the civics mid-term exam test on purpose. And then sue the school board for insisting I learn "facts" that clearly no longer exist in today's society.

Re:Bullshit

[aitikin]

These are the people making policy that the people teaching our children are expected to enforce?

FTFY. Very few teachers are ever involved or considered in making policy. Being originally from that state, there were always things that every single teacher I met (and I met a number, my mother was a teacher, my brother is a teacher (as was his ex-wife), and, as such, many of their friends were too) absolutely hated.

In some school districts, it's a fineable (and, actually, terminate-able) offense for the teacher to grade papers in red ink (because the color red means it was bad)... Other districts are known to not allow teachers to give out homework until High School. It's ridiculous for sure, but these rules certainly were not put in place by the teachers and to lump them in with the policy makers is ridiculous.

Re:Bullshit

[geekmux]

The law is blatantly unconstitutional.

Actually, the law doesn't demand the password. The school districts are making it up because they don't know about or have police powers and are otherwise clueless. The real issue here is the law puts activity occurring outside of schools into the hands of school administrators.

PS: The constitutionality of demanding a password has never been finally tested, but this doesn't get us there either.

PSS: I doubt it really matters if the ground you're standing on has been "finally tested" when at that point you'll be an ex-student standing in the street, expelled.

Seems you forgot who holds the true power over the average 16-year old civics fan who wants to make a point. Scholarships aren't going to get any less competitive. Have fun getting one with that kind of black mark on your record.

Hell, in this day and age you'll be lucky to get away with not being labeled a terrorist for demanding your Rights like that. Gonna be hard to do that student exchange program next year while your ass is on the no-fly list. And for such a profoundly just reason too.

Re:Bullshit

[BarbaraHudson]

All fine and good, but if you read the actual text of the law, it doesn't empower schools to require students to hand over passwords to someone working at school. This is just another overreach by petty adults to justify their instinct to act like bullies instead of using their heads.

Re:Bullshit

[interkin3tic]

I'm not familiar with the track record of students kicked out of high schools for idiotic reasons such as this, but I've heard of some students who sued their school districts, seems like the case I'm remembering they got into decent schools.

"I stood up to my school district for invading my privacy, they expelled me, I got the ACLU to sue them and got reinstated/a hefty settlement that I'm using for college tuition" seems like a college essay that would really stand out from "I volunteered once at a soup kitchen."

Keep in mind that rules like these are rules made by cowards: they're not doing this because they believe the best way of educating their students is to invade their privacy. This is purely the work of administrators who are afraid of lawyers hiding behind every corner. That works both ways: they'll pick on the wrong student before too long, that student will call their bluff, the school will make even dumber threats, the student will organize a legal response, and the school will back down in a huff saying it's unfortunate that they couldn't protect students or something like that.

My password

[damicatz]

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.

Why?

[ArcadeMan]

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.

The only correct answers:

[clonehappy]

"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 is nonsense

[Anonymous Coward]

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.

Not sure how this is necessary

[Beerdood]

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.

Schools? No. Cops, yes?

[gurps_npc]

Schools are not law enforcement agencies. Worse, they have repeatedly proven they are not trustworthy - even worse than cops. They are VERY easy for rather small minded, viscous people to take over, as repeatedly shown in Texas and other states. School boards are elected, not appointed, in small elections where most people simply don't care. This lets highly motivated fanatics take them over.

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.

Re:"make me, bitch"

[grimmjeeper]

I hate Illinois Nazis.

When they log into Facebook's server

[raymorris]

> 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.

Nobody read the law, huh?

[SecurityGuy]

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.