Mother And Daughter Still Blame MySpace For Not Protecting Her From Sexual Assault

from the go-after-the-money dept

Tue, Apr 1st 2008 5:11am — Mike Masnick

Two and a half years ago, we wrote about a teenager who sued MySpace following a sexual assault, saying that it was the site's fault that she was assaulted. This despite the fact that she had signed up for the site, lied about her age and the actual assault (obviously) happened outside of MySpace. That's not to say that a crime didn't happen, but it's quite difficult to see how it could possibly be MySpace's fault. In fact, a judge made exactly that point in dismissing the lawsuit last year, noting that MySpace was protected under section 230 safe harbors, and even if it wasn't, it would "cripple" 3rd party communication systems if you could attach liability to them for every crime committed that touched on those services. The judge also pointed out that this seemed like a clear case of a parent trying to blame a big company for her own failings: "If anyone had a duty to protect Julie Doe, it was her parents, not MySpace."

Of course, that's not good enough for the girl and her mother, who have now appealed the case, still claiming that MySpace somehow is responsible. The girl's lawyers claim that MySpace still had a responsibility to protect the girl, even though he doesn't explain how it can protect a girl who lied about her age and then went off to meet with a much older guy in real life. It's difficult to see how that can possibly be MySpace's fault -- but the rule of thumb these days is always sue the big company that has the most money. As for the older guy accused of the sexual assault, he's been indicted, but last we heard, his lawyers were also thinking about blaming MySpace. After all, if the girl is blaming MySpace, then how could it be the guy's fault?

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Filed Under: blame, safe harbors, sexual assault
Companies: myspace, news corp

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Thomas Lain, 1 Apr 2008 @ 5:41am

Girl blaming MySpace for Sexual Assault
This is got to be an April Fool's Joke, right? Okay so, it isn't but how pathetic do you have to be to blame an oblvious company for your own mistakes. She should be counter-sued for being a dumbass.
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Tom, 1 Apr 2008 @ 6:01am

For that girl, her troubles will always be someone else's fault. And she will always be someone's victim.
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Anonymous Coward, 1 Apr 2008 @ 6:03am

This is why we should have mandated fees for frivolous lawsuits that take up the courts time. Several other countries do this and from what I've heard it's quite effective.
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Anonymous Coward, 1 Apr 2008 @ 6:26am

I agree! Make them pay for all the courts time - That is tax money you know - WE SHOULD SUE THEM !
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Eliot, 1 Apr 2008 @ 6:27am

Re:
I think I dated her in High School...
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Eliot, 1 Apr 2008 @ 6:28am

Re: Re:
Wait ... no. Just someone else who thought she was always a victim.
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Parents are LAME, 1 Apr 2008 @ 6:53am

DAD????????????????????????????????????????
Where's DAD? I taught for 6 years and was shocked at how little FATHERS are involved in sex education! Come on MEN...wake up and TEACH your daughters!!!!!!
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Annonymous Predator, 1 Apr 2008 @ 7:11am

I've said this before!
Here it is again... Social sites and those that are currently allowing KIDS on their sites - SHOULD NOT ALLOW THEM ANYMORE! LEGALLY, they CAN NOT enter into contract... Which means NOBODY can tell them - YOU MUST POST YOUR LEGAL BIRTH DATE! Even while subscribing - they ALL know that when the question DOB comes up - it their cue to put a number that will make them older!

As for the parents of their whore child... GOOD FOR HER! Maybe people will pay more attention to what their kids are doing. Move the computer OUT of the sluts bedroom! My hope is that MySpace turns around and SUES the parents "1) Gross Negligence (YOUR F*CKING KID KEEP AN EYE ON HER YOURSELF), 2) Endangering the welfare of a child (YOU'RE GOING TO MEET - WHO/WHERE MAYBE IN THE AFTER LIFE!), 3) corruption of minor (YOU ALLOWED HER YO CREATE AN ACCOUNT ON MYSPACE AND DID NOT CHECK AGE), ENTRAPMENT (FOR BAITING YOUR WHORE WHO HAD LIED ABOUT HER AGE TO PLAY GROWN UP GAME!), etc..."

The retarded fat-cats in congress will turn around and make a law to enforce how MySpace failed our kids. When this could all be solved SO quickly by THREATENING the parents!

PARENTS not corporations or the victims whom will have to bare the name "Sexual Offender" FOR THE REST of THEIR LIVES should not be held accountable - for some 2-bit WHORE - LYING ABOUT HER AGE IN FRONT OF HER PARENTS!!!
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Anonymous Coward, 1 Apr 2008 @ 7:29am

Re: DAD????????????????????????????????????????
ROTFLMAO!! This one is too easy....fathers teach your daughters.......
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Anonymous Coward, 1 Apr 2008 @ 7:43am

Hmm, I was preparing to voice the question of why haven't people figured out that social networks can be very dangerous things. However, in light of the ridiculous claims in this lawsuit, I can pretty much state that people instead need to START TAKING RESPONSIBILITY FOR YOUR OWN ACTIONS, YOU MORONS!!! The responsibility of raising a child properly falls solely on the parents or legal guardians. It does NOT fall on the shoulders of our schools, the government, counselors, and definitely not on any part of the entertainment industry, which I believe social networking sites are a part of. This case needs to be thrown out, at the very least, or else I will believe that there is no sanity left anywhere in our justice system.
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lordgts, 1 Apr 2008 @ 7:45am

What a joke
this is another example of a person trying to get someone else to pay for their own mistakes. How can it be myspaces fault the girl lied and then went to meet the person the fault lies in the hands of the poor parenting that must exist in the girl's life.
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Dan G, 1 Apr 2008 @ 7:58am

Re: I've said this before!
"Social sites and those that are currently allowing KIDS on their sites - SHOULD NOT ALLOW THEM ANYMORE!"

Huh? So are you advocating background checks for anyone signing up for any web communication? What about web forums? Instant messaging?
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SHM, 1 Apr 2008 @ 7:59am

Re:
Someone should sue the parents for having a child in the first place.
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Jack Sombra, 1 Apr 2008 @ 8:03am

hmm
"As for the older guy accused of the sexual assault, he's been indicted, but last we heard, his lawyers were also thinking about blaming MySpace. After all, if the girl is blaming MySpace, then how could it be the guy's fault?"

To be honest he might have more of a case than she does, never seen much of the details of this case beyond describing it as "sexual assault", now this covers quite a lot of terroritry, from rape to unknowingly having sex with a minor.

Now if it was the former he would have no case but if it was the latter he took her age from myspace, he did not lie she did and myspace published her lie and he went to jail for it

Not saying he should win here, but if that was the situation he more than anyone else has a case, but to be honest he would have an even stronger (morally at least) case against the child's parents for not controlling their child

It's a sad world we live in where teenagers have to go around asking other teenagers for proof of age before they have sex.
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travis, 1 Apr 2008 @ 8:06am

I think they should sue their ISP for providing her internet connection to get to myspace, Microsoft for providing an OS that allows her to access the internet, and her PC manufacturer for the same reason...
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Anonymous Coward, 1 Apr 2008 @ 8:09am

Is this the same stupid little bitch who wrote a book about her experience where she willingly (as a teenager old enough to know better) went and met a man she knew was older - but perhaps not as old as he really was?

And is this the same thing where that fat cow-whore Perry Aftab latched on with her stupid organization and tried to milk it for all the personal attention she could get out of this girl's story?

When are people going to start suing schools? Your child is far likely to be raped by a teacher at their school or school district than some random person on line. Not to mention their preacher or an uncle or something.

It's really amazing how I've been online nearly my entire life, dating back to 1988 at eleven years old and out of all those BBSes, websites, forums, social groups, get togethers, meetings, dates, hangouts and everything else... I haven't been raped or chopped up and stuffed into duffle bag.
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DanC, 1 Apr 2008 @ 8:10am

Re: hmm
Not saying he should win here, but if that was the situation he more than anyone else has a case

He wouldn't have any more of a case than victim. MySpace is not responsible for user-generated content. Whether the posted information was accurate or not is irrelevant.
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TheDock22, 1 Apr 2008 @ 8:22am

Wouldn't Worry
These kind of lawsuits and fear-mongering have been around since I was a little girl using AOL 2.0. Back then parents said kids were being conned through this new fangled IM program into meeting strangers. It just was not popularized because not a whole lot of people had access to the Internet.

I think this girl just wants her 15-minutes of fame personally. I think it is sad she was stupid enough to go meet someone she didn't know from MySpace to begin with. She also lied about her age which should be a big red flag in the parents mind that...well maybe she lied about the assault and everything.

It is sad that society makes "victims" out of whiny lying teenage brats. Lives are ruined simply because "she didn't know any better." I think the rules should be rewritten because by the age of 16 (I would even argue 15) you are mature enough to know right from wrong and definitely smart enough to know when something in dangerous. And if you aren't by that age, chances are you will never get it.
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angel, 1 Apr 2008 @ 8:25am

Come on...how irresponsible can this girl be? is she 5 years old or whaT? has she never heard of similar cases like this or watched NBC or perhaps public news? Cases like these are so common, she must know her boundaries...she's wasting our tax money. I think she should be countersued. Myspace is NOT responsible for actions she takes. Every word she types and movement she makes..and decisions...is all her fault. Be responsible. HAve common sense.
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PaulT (profile), 1 Apr 2008 @ 8:28am

Re: hmm
Actually, neither have a real case against MySpace. The site provided the platform through which they started communicating, nothing more.

Put it this way. If they went to the same mall and had met there instead of MySpace, would the mall be held responsible for them being allowed near each other to begin with? Of course not. The MySpace thing was just an extra first step before a physical meeting.

There's various ways of taking this case as you mentioned - from a forced rape to the guy trusting the MySpace profile rather than his own eyes - but either way it's the two parties involved (along with their parents) who have to take the blame. Whether this means the guy is 100% guilty or the girl should share blame is up to different court cases that have no relevance here.
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Network Admin, 1 Apr 2008 @ 8:29am

Re:
Tom? Is that really you? I would be pissed if she was suing me too.
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Anonymous Coward, 1 Apr 2008 @ 8:45am

I blame you techdirt
I don't know why or how, but it's all your fault. You're reporting on it so you are to blame. And I'm reading it so I'm a victim, because even though I chose to come to your site, it's your fault that I'm reading this of my own free will.

WHY AM I SUCH A VICTIM!?!?!? DAMN YOU TECHDIRT!!!

Seriously though, these people make me sick. Why can't anyone take responsibility for their actions any more?
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rhsc, 1 Apr 2008 @ 8:53am

Re: Wouldn't Worry
>>[...]since I was a little girl using AOL 2.0

eww, you said the A-word
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Pete Valle, 1 Apr 2008 @ 9:01am

I know!
I'm going to sue my local phone company because the guy that crashed into my car while drunk driving used a phone to plan his night out!

Or, how about a lawsuit against the post office because it delivered the letter used by my girlfriend to break up with me and caused me irreparable emotional damage!

Gotta love the American legal system.
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Anonymous Coward, 1 Apr 2008 @ 9:22am

suing god for creating the people who created the
oh, yeah, I'm going to sue GMC because they put OnStar in my car. Hands free calling is distracting me while I'm driving. Although I do pay for the service and I prepay for my minutes, I would be able to if they didn't let me.

How about suing the company you work for because you have internet access at work.

So many people to blame, so little time.

Quick!!! Somebody get a bleeding heart liberal in here to save me from myself!!
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TheDock22, 1 Apr 2008 @ 9:25am

Re: Re: Wouldn't Worry
eww, you said the A-word

Yea and it was good for IM and that's about it. Surfing the Internet sucked. We eventually switched over to a local ISP then on to cable. I have been AOL free for at least 10 years.
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Monapp, 1 Apr 2008 @ 9:26am

Pete Valle -- You are right
I want to get on the lawsuit too. Make it a class act. Since My ex broke up with me on my t-mobile cell phone...
MONEY- we are going to be rich
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Anonymous Coward, 1 Apr 2008 @ 9:37am

Re: Pete Valle -- You are right
can I get in too? My iPhone let's me surf the net, maybe we could sue Apple, and AT&T too.
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Ted Kulesa, 1 Apr 2008 @ 9:51am

Loaded Gun
Any parent who pays for internet access and does not have safeguards in place, is like a parent keeping a loaded gun out in the open. I am not opposed to guns or the internet, but am in favor of responsible parenting. I as a computer repair person, refuse to work on families computers, until they agree to buy and install filtering software. I charge no extra to install and configure it. I understand it is hard to monitor what kids do at friends homes, but this is why I make sure my son only hangs out at friends whose parents employ the same values as mine. Damn it, I just stubbed my thumb typing.. Time to call my lawyer so I can sue Tech Dirt and the people who coded this forum.
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Responsible, 1 Apr 2008 @ 10:11am

Education and Integrity
I personally feel that parents shouldn't have to watch their kids every moment with computer "spying" programs and babysitters. Children need to be taught at some age to be responsible for their own actions, to know right from wrong and to be sensible.

If we keep blaming parents for not watching close enough, we are ignoring a larger educational problem that is cropping up in all areas of life.
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DCX2, 1 Apr 2008 @ 10:18am

Re: hmm
It's a sad world we live in where teenagers have to go around asking other teenagers for proof of age before they have sex.

It's a sad world we live in where people get together to have sex without getting to know each other first. You don't need proof of age if you actually spend time around and know the person whose genitals you want touch.
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Anonymous Coward, 1 Apr 2008 @ 10:32am

THIS GIRL IS A LLLLLLLLOOOOOOOOOOOOOOOOOOSSSSSSSSSSSSEEEEEEEEEEERRRRRRRRRRRRRR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!
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Anonymous Coward, 1 Apr 2008 @ 10:38am

Since when was it Myspace's responsibility to babysit this woman's daughter?
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Liquid, 1 Apr 2008 @ 11:11am

Her Own Damn Fault
Yup... That's her own damn fault... Dumb little girl shouldn't have lied... It's her parents fault for not watching wtf she was doing in the first place... Getting kind of sick and tired for parents blaming other people, and things for their inability to actually do their job as a parent... It's not societies job to make sure their hell spawn becomes a good person... It's theirs...
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Liquid, 1 Apr 2008 @ 11:13am

Re: I've said this before!
U sir are my hero... Completely agree...
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rebecca, 1 Apr 2008 @ 2:06pm

Re: Loaded Gun
Ted I agree with you completely & follow the same rules as you do when it comes to my boys. I can give you the name of a good lawyer....
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Celes, 1 Apr 2008 @ 6:34pm

Re: Wouldn't Worry
Maybe it's time to start putting warning labels on computers (or ISP start-up pages, or something) like they do on hair dryers and just about everything else. I can't imagine what it might look like, though.

"Caution: Children may be stupid. Parental supervision strongly recommended."
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Celes, 1 Apr 2008 @ 6:45pm

Re: Education and Integrity
As much as I would love to know what my children are doing every minute, I have to side with you. You can't possibly know what your kids are doing 24/7, and you shouldn't expect someone else to know (unless, of course, you're paying them for child care). Children need to not only be taught what is right and wrong, but also to *experience the consequences* of their wrongdoings, and the earlier the better.

I was a lucky girl. My parents taught me right from wrong as soon as I could understand words and never felt the need to use filters or stand over my shoulder while I surfed. (I won't say I never did anything I wasn't supposed to, of course, but I stayed away from what was dangerous and/or could get me in lots of trouble.)
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Annonymous Predator, 1 Apr 2008 @ 9:10pm

Re: Re: I've said this before!
I advocate that KIDS be band from sites where adults are going to be on there... I advocate that - KIDS have violated their own right to be on a social site - because they LIE about their age... And they have STUPID PARENTS - who leave it up to our government to pass laws that protect THEM - from IGNORANCE! IT'S YOUR KID THAT LIED ABOUT HIS/HER AGE! IT IS YOUR KID THAT WENT OUT TO MEET A MAN - WHO DID NOT LIE ABOUT HIS AGE!!!

YOU'RE KID - should of known that when you play grown-up games YOU GET BURNT! Should we screen everyone that blogs, Im's or other... To protect the GROWN-UP from the "POOR DEFENSELESS CHILD!" YES!!!

YOU AS A PARENT should KNOW what YOUR STUPID IGNORANT KID IS DOING ONLINE!AND IF THEY GET F*CKED... WELL, WELCOME TO ADULTHOOD! As for the parents... THEY SHOULD BE THE REGISTERED SEX OFFENDER... FOR ENDANGERING THEIR CHILD - PROSTITUTION - CORRUPTION OF MINOR - ETC - ETC - ETC!
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Annonymous Predator, 1 Apr 2008 @ 9:22pm

We DONT need to educate our KIDS!
We need to educate the parents...

Parent know-a-days do not take responsibility for the things that happen with their kids... They blame other people - case point... this mother...

We don't need laws to protect our kids... We need laws to hold accountable - the people who are WITH THEIR KIDS - 20+ HOURS A DAY! While their kid is online - LYING about their age! THE PARENTS!

The government has done more than they should - and nothing has changed... People on "Sex Offender Registries" get banned from opening any account on MySpace, FaceBook, or most other social networks... So what happens when someone who is not a sexual offender ends up meeting someone who lied about her age... Now this person is labeled a "Sexual Predator"... He has no job to hold down - because of thie RED FLAG! - Basically, he gets blacklisted...

Meanwhile, the girl... STILL HAS NO PARENTS - and later goes on to get knocked up at 16! Go on welfare - more of our hard earn money goes to supporting this kids - KID! And the mother/Father is still crying - It was MySpace's fault...

IT IS YOUR OWN DAMN FAULT - YOU IGNORANT PIECE OF !!!!!

STOP BLAMING SOMEONE ELSE!
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Annonymous Predator, 1 Apr 2008 @ 11:50pm

Re: Re: Education and Integrity
I bet your computer was not safely out of the way - like in YOUR bedroom... I was a field tech for Dell, IBM, HP/Compaq... Do you have ANY idea how many kids computers I fixed and ALWAYS the computer was in the KIDS OWN BEDROOM! AWAY FROM PRYING PARENTS EYES!!!

Do you know how many SUGGESTIVE pictures I've found by these UNDER AGE KIDS - on their computer! The sickest things that I had seen were 13 year olds... In bikini or undies - lounging in back yards, beaches, the pool, THEIR OWN BED... And they had this on their computer - AND ONLINE!!! It wasn't for fun because these little girls (mentally) think they are ready to play big girl games... Worse still they WANT the older man... They know about "Experience"... Maybe they don't know what that means - but they want it! They KNOW - that a man is not going to go after them (Provided the man is not a sicko)... But they want to show off the "Lee Press-on bodies" that MOST girls are developing these days! So what's the big deal in saying that they are older than they actually are... PARENTS WONT DO ANYTHING TO THEM!

Ok - It's impossible to know what your kids are doing all the time... Get the computer out in the open... Put it in YOUR ROOM! Put it where it would be difficult for them to work up the nerve to do something they are not supposed to... F*CK their privacy!!! MY HOUSE - MY FOOD - MY CLOTHES!!! WANT TO BE STUPID AND TAKE IT FURTHER - OK - NO COMPUTER - FOR YOU! END OF STORY!!!

I believe that if parents were forced to face the charges of neglect, corruption, etc., in lieu of caring for THEIR KIDS... Things would be different... You would find a way to watch your kid - and keep your kid out of trouble... A "Predator" WOULD NOT BE ABLE TO REACH THEM!

Don't get me wrong - there ARE Predators out there... But not all Sexual offenders are predators. And if you make it a point to go on your son/daughters account (ON THE COMPUTER) and look through their pictures... Check their online profile - MAKE SURE THE AGE IS RIGHT! MAKE SURE IT IS SET TO PRIVATE! MAKE SURE WHO ARE HIS/HER FRIENDS! FOR GOD SAKE... GET THE FRIGGIN COMPUTER OUT OF THEIR DAMN ROOM!!!

Then I DOUBT sincerely - that anyone here reading this would be trying to sue MySpace - or others - for FAILING to protect - YOUR CHILD!

As for knowing 24/7 what they are doing... Let's see - about 8 hours out of EACH DAY - they should be SLEEPING!!! IF THE COMPUTER WERE NOT IN THEIR ROOM - THIS WOULD BE A NON-ISSUE! THUS, giving them - LESS TIME - to become a "VICTIM"
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Annonymous Predator, 2 Apr 2008 @ 12:07am

The GOVERNMENT WILL BE UP - ALL OUR A$$!
The government has NO CLUE - HOW to REGULATE ANYTHING related to - ONLINE!!! They are COMPLETELY - CLUELESS!!!

Because parents are too STUPID to look after their OWN FUDGING KIDS... NEXT STOP - EVERYONE GETS A PROBE - COURTESY OF THE GOVERNMENT... In an attempt to "Protect some dumba$$' KID!"

IT IS NOT THE GOVERNMENT'S RESPONSIBILITY - TO KEEP YOUR KID SAFE FOR YOU!!! During the Reagan years there use to be a commercial on WWOR TV channel 9 (New York City)... They showed a kid - with a baby... And the message... It's like being grounded for 18 years...

IT IS - YOUR RESPONSIBILITY! NOT MySpace's - Not FaceBook's - NOT THE GOVERNMENTS!!! YOURS!!!

MY SINCEREST WISH - IS THAT MySpace - and all other SOCIAL sites - ever blamed for - "Not keeping our kids safe"...

1)Instead of banning "Registered Sex Offenders" Banned kids! A kid will ALWAYS be the VICTIM - it doesn't matter WHAT they did! Well... KICK THEIR LITTLE LYING BUTTS OFF THESE SITES!!!

2) Turn around - and file civil and criminal suit against - parents who allow their kids online - UNSUPERVISED! It's called;
a) Gross Negligence - YOUR KID - NOT MINE!
b) Endangering the welfare of a child
c) Corruption of a Minor
d) Entrapment
e) Being a pimp of an under aged kid!
f) Prostitution of a child!
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Annonymous Predator, 2 Apr 2008 @ 12:13am

Re: Re: Wouldn't Worry
CAUTION: PARENTS ARE STUPID - KEEP AWAY FROM ANYONE UNDER 18!

CAUTION: NOT FOR USE FOR ANYONE WHO CAN NOT LEGALLY SMOKE!

CAUTION: PEOPLE WHO ARE STILL IN HIGH SCHOOL ARE NOT ALLOWED ONLINE

FOR YOUR PROTECTION - THERE IS NO MODEM - OR LAN CARD IN THIS COMPUTER! TO GET ONE INSTALLED - PLEASE SUBMIT YOUR LEASE - WITH EVERYONE WHO LIVES WITH YOU (AGE, DOB, SS#) LISTED CLEARLY... NOTE: ANYONE WHO LIES WILL LOSE FULL CUSTODY OF THEIR KIDS - AND BEATEN TO DEATH IN THE TOWN SQUARE BY ROCKS!
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Alimas, 2 Apr 2008 @ 11:11am

Re:
They should sue nature for allowing her parents to reproduce.
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i think its h3r fault cuz sh3 coulda of avoid3d N sh3 r3al dumb cuz sh3 prob3ly aint 3v3n kno3 him [[[r3al stupi3d]]]...N kno3 sh3 just mad cuz sh3 prob3ly got in troubl3 or sum m3ss lyk3 **sh3 aint smart**
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oKAy dUmB a$$ bYtCh
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