[Freedombox-discuss] School intimidates girl to give up Facebook password

The Doctor drwho at virtadpt.net
Thu Mar 29 15:10:01 UTC 2012


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On 03/28/2012 03:16 AM, Fifty Four wrote:

> <snip> " One important distinction noted by (ACLU) Nelson: While
> she believes demands for a student's Facebook password were a clear
> Fourth Amendment violation, there's no constitutional issue raised
> by a school official learning about a private communication that's
> volunteered by another student. In other words, students' private
> Facebook chatter is only as private as the participants make it." 
> </snip>

That is the kicker - another student told a school official about it,
and the school official used that as justification to step in.

> I was surprised to learn that you do not have a legal right to
> privacy behind a privacy wall in the US. Presumably, this would be
> true for

Technically, minors do not.  They liked telling us that in school when
they searched our lockers and bags for contraband while we were in class.

Being forced to give up a Facebook password is definitely a new
development since I escaped from high school.  I do not know how far
she could have resisted because anotehr student made it an official
school matter.  School administrations will pull all sorts of dirty
tricks to make sure that they keep students in line.

> I have heard the term protected/private speech, but it must be just
> an urban myth and not a legal right to privacy. Obviously, people
> like me are being

Just ask anyone whose Twitter details were subpoena'd because they
posted or retweeted about Occupy Boston.

> I was also surprised to learn that the girl used "her own computer
> and while off campus" still didn't offer her any jurisdictional
> protection from the school.

It was made a school matter, for whatever that is worth.

> 3. I do like James poison pill password/cert that would nuke the
> account which would be a necessary option if the student's computer
> were on campus. It's probably necessary in this age of smartphone
> kids.

I like that idea as well.

> Outside of FBX, I do think it's also important to find out what one
> can do under difficult circumstances as suggested by John Gilmore.
> I have also learnt that as James said teach your kids to say "I
> want my Mommy" under such difficult circumstances.

It is important to divide that discussion between "legal minor" and
"legal adult" because the ballgames are as different as night and day.

- -- 
The Doctor [412/724/301/703]

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