Is A Fake Facebook Profile Illegal?

from the down-in-the-legal-weeds dept

Thu, Jun 5th 2008 11:28am — Mike Masnick

Remember the guy who was arrested and sent to jail for creating a fake Facebook profile of a Moroccan prince? While it's unlikely that anyone will land in jail, more such disputes have been ending up in the courtroom. It seems to be most popular in high schools, where teachers and administrators are suing students for setting up fake profiles of them. It's not difficult to see why these adults are upset -- as the profiles are usually quite unflattering. But, it's an open question as to whether or not the profiles are illegal. Even more to the point, Facebook has a clear policy that it will delete fake profiles when it becomes aware of them, so it seems like quite a bit of overkill for teachers to sue students rather than just having Facebook take down the profiles.

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Filed Under: fake profile, first amendment, free speech, identity fraud, students, teachers
Companies: facebook, myspace

117 Comments

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Anonymous Coward, 5 Jun 2008 @ 12:18pm

And so many teachers wonder why students have utterly no respect for them...
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Anonymous Coward, 5 Jun 2008 @ 12:19pm

And so many teachers wonder why students have utterly no respect for them...
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Carl72x, 5 Jun 2008 @ 12:33pm

Um... it sounds like to me that this could fall in the fruad catagory... [wikipedia.org]
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Ruth Grossinger, 5 Jun 2008 @ 12:33pm

I don't think it should be illegal. I know for a fact that people manage other people's profiles~sort of acting like a publicist on facebook. But when teachers are masquerading as children, now that is plan weird and unnerving.
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Difranco, 5 Jun 2008 @ 12:37pm

no legs to stand
Sounds like these "educators" working in the public sector need to be aware that satire and parody is protected speech even if it is unflattering.
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Kevin, 5 Jun 2008 @ 12:37pm

Meh...
The articles talks about several cases where fake profiles were set up. Some of the profiles sounded like a simple parody, others were much more serious, including names, real contact information, and explicit sexual information (which may or may not have been true).

In the case of a simple parody site I don't see the problem, and it's probably protected by free speech. But I think that in cases where you're making very serious allegations and providing information that random strangers can use to contact the target then you've probably crossed a line. I think that you're essentially inviting someone to contact the target, or at least intending that someone do so. That probably rises to the level of harassment, which probably should be prevented and/or punished.
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Anonymous Coward, 5 Jun 2008 @ 12:38pm

IANAL but I suspect that the creation of the profile is not illegal. On the other hand the content of the profile could be illegal (i.e. libel, slander or whatever the correct term is)
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Nicholas Iler, 5 Jun 2008 @ 12:40pm

Slander
This appears to be quite slanderous. Although the definition of slander reads "Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community."
And if its over the radio or TV its "...over the radio or on TV -- it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience."

This type of activity should be regulated to protect the development and acceptence of Social Networking.
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D.L.C., 5 Jun 2008 @ 12:40pm

It's unlikely this is illegal, unless the creation of the fake profile is in conjunction with another crime - e.g., fraud. But, there is a common law civil action called "false light" that would likely cover this sort of action. Still, asking Facebook to remove the profile seems to be a simpler and less obnoxious means to remedy the situation.
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Anonymous Coward, 5 Jun 2008 @ 12:41pm

Defamation of character.

Need I say more?
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George, 5 Jun 2008 @ 12:42pm

This is the Information Age ... technology is rapidly changing and there has to be some type of regulation. For an example, one can not simply go out and curse out their teacher face to face, but on face book they can?? (I think people should keep there private thoughts/lives seperate before more insane laws come to pass)

Where will this eventually lead us? As a country?
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Anonymous Coward, 5 Jun 2008 @ 12:47pm

You missed the positive note on this story, the one that most people seem to always forget, on every other post here. They are at least suing the responsible party, the students and not Facebook.

Still overkill, but they at least know who to blame, and are not just lashing out at the company with the deep pockets.
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Duane (profile), 5 Jun 2008 @ 12:51pm

Faking fakers
What I think would be awesome is if one of these spoofed teachers hacked the fake profile and started posting what they really thought about their students. Perfect "crime."
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Uday Shankar, 5 Jun 2008 @ 1:02pm

Teachers should get on Facebook
Instead of letting the students have the opportunity to create fake profiles, why not have the teachers create profiles for themselves? That way, teachers will be protected against fake profiles (The fakes will be obviously identifiable) while at the same time helping build positive relationships with the students.

Suing students is not a solution, it only creates more problems.
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Matt, 5 Jun 2008 @ 1:05pm

if it's found illegal, think of the rammifications!
Think of all the people who have profiles that are not their own such as (insert celebrity's name)'s myspace page....in fact, if thats the case, this would open up new lawsuits in a messy legal area.
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ehrichweiss, 5 Jun 2008 @ 1:12pm

Re: Slander
You misunderstand slander and libel. Slander IS word of mouth, true but libel is typically written word. Slander can be over the TV/radio but libel will be over tabloids or the like.
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Rose M. Welch, 5 Jun 2008 @ 1:13pm

Re:
Umm, you can. If I see a teacher on the sidewalk, I am perfectly at liberty to curse them until I am blue in the face. They are at liberty to curse right back. That is called free speech.
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Kevin, 5 Jun 2008 @ 1:15pm

Loophole!?
So that's how i get my profile deleted, just report it as fake.

Sweet
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Anonymous Coward, 5 Jun 2008 @ 1:34pm

Considering how hard it is to get a profile and personal data deleted from Facebook, it almost seems best to inform them of the "fake" page to get your own page deleted properly.

Fucking assholes.
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Phil, 5 Jun 2008 @ 1:36pm

Re: Slander
Close. You're thinking of Libel rather than slander. Libel is written.

(I hope I'm getting the spelling right)
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WisconsinGod, 5 Jun 2008 @ 1:40pm

Unique Analysis of Cases
Some people are taking too narrow a look at the issue, some people are taking too broad a look. Please remember people, generallizations are generally right and generally wrong.

Many of you have hit near the nail, but noone can know if you hit the head until you talk about the specifics of an individual instance.

Rhetorical Questions like "Need I say more?" are actually frivilous, because when you are talking about if something is illegal, then it all depends on the specifics. So yes, you do need to say more.

In terms of the law, a fake Facebook page itself is not illegal, but it can be a tool used to break the law. A hammer itself is not illegal, but the use of a hammer to murder someone is. A false facebook profile (or any profile for that matter) can be used to commit a crime.
Fraud, Lible, Defamation, etc. are all crimes that can be committed with a facebook profile, but the act of having a false profile itself is not illegal, (just against the terms in the contract you sign with facebook when you create the profile).
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Anonymous Coward, 5 Jun 2008 @ 2:00pm

isn't this anothter form of identity theft?
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Jeff4066, 5 Jun 2008 @ 2:03pm

Re: no legs to stand
A satire or parody is when everyone KNOWS its satire or parody.

If someone tries to tell the world they are you, and presents wrong, slanderous information, that is "defamation of character".

People forget that the true meaning of "freedom of speech" was intended to protect a person's right to tell the TRUTH. Keep track of that word. TRUTH.

Here's an example...

GOOD (protected by amendments).
"I am Bill and in my opinion, D is a fag."

BAD (slanderous and unprotected).
Bill saying: "I am D and a fag."

The difference is night and day.
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TheDock22, 5 Jun 2008 @ 2:06pm

Interesting
I don't understand how some people support these kids in embarrassing and otherwise causing grief to these teachers? I say sue the little punks for libel. Money seems to be the only way to reach kids these days.
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Nicholas Iler, 5 Jun 2008 @ 2:24pm

Good Point! Uday Shankar
Having a Certified Teacher Profile icons could solve these types of problems. In their profiles they could also explain their teaching styles.
This could add a few hundred thousand additional profiles to Facebooks bottom-line.
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bubba, 5 Jun 2008 @ 2:26pm

its called proxy
remember kids when destroying your hated teachers use a proxy...that way you dont get in trouble....otherwise its like keying their cars and standing there with the key with the paint on it...also COPY and PASTE are your friends as are POST bots...have fun!!!!
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bubba, 5 Jun 2008 @ 2:32pm

Re: Interesting
i saw you having sex with a giraffe and your daughter...awesome...
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jonnyq, 5 Jun 2008 @ 2:51pm

Re:
I seriously doubt you could consider such a thing to be fraud. Is it fraud that my name isn't jonnyq? Is it fraud to put a fake in the "real name" fields of a forum profile?

However, it could fall under criminal impersonation (unlikely still, but closer than fraud) or just plain defamation. Calling someone names isn't really defamatory, but putting words in someone else's mouth might be considered defamatory.
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Anonymous Coward, 5 Jun 2008 @ 3:30pm

Re:
Yes but those publicists have permission of the actual person, they are paid by them for christsake!
As for teachers masquerading as children, I think you read the article wrong...
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National Cyberterror Alert Center, 5 Jun 2008 @ 3:57pm

CYBER-TERROR ALERT
According to the Law.com article:
Murphy S. Klasing, who is representing the assistant principal in Texas suing over a fake MySpace profile, called fake Internet profiles a form of "cyberterrorism" that don't warrant First Amendment protection.

.......................................................

DANGER . DANGER... RED ALERT... DANGER... RED-WHITE-BLUE ALERT.

AL-QAEDA CYBER-TERRORISTS are deploying fake MySpace profiles on teh INTERWEBTUBES to DESTROY AMERICAN SCHOOLS.

RED-WHITE-BLUE CYBER-TERROR ALERT.

.......................................................
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polarfoil, 5 Jun 2008 @ 7:12pm

missed point
If someone libels, it's insufficient for the content to be removed from the site because damage may already have been done and the victim should be compensated and/or the perp punished. It's up to the victim to pursue it but if they're not allowed to, it's like telling jerks it's perfectly fine to defame people because there aren't any consequences.
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Free SMS, 5 Jun 2008 @ 9:20pm

it's not illegal, it's just troublesome.
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Tamara, 6 Jun 2008 @ 12:30am

It's not parody
To the people who say it's parody. It's not parody. Parody is only parody if it's clear that it isn't real. These profiles are pretending to be real with all kinds of details, most of which is probably made up. If the kid put a notice that it is parody and not real, then he/she is fine, but if he actually pretends to be that person and acting as that person it's clearly illegal. Teachers/Staff can get sacked for having certain information about themselves available to the public - recently in Australia a teacher was fired for talking about her sex life in a magazine; she took the school to court and lost because "her actions were inappropriate for someone whose job it is to care for children." The kids make believe information can lead to a loss of employment.

I work at a school, not as a teacher but I do deal with students. If a student ever did to me, I'd sue them quick-smart without any hesitation.
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sunsu, 13 Jun 2008 @ 3:22pm

Re:
it can't fall under fraud because there is no criminal intent. If someone creates a fake profile and no harm has been done, no defamation of character, no stealing of personal ID such as b-date, social insurance numbers, banking etc, how can it be constituted as fraud? is it stupid and childish YES! fraud NO. If I was to create a profile using someone elses name to gain finances or personal info for financial gain then yes, to see if your boyfriend or girlfriend would cheat on you...NO.
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sunsu, 13 Jun 2008 @ 3:24pm

Re: Re: no legs to stand
You are exactly right.
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sunsu, 13 Jun 2008 @ 3:25pm

Re:
Please don't say more...your wrong. Look up what that means, then say more.
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JThomas, 29 Jun 2008 @ 3:26am

MySapce legal question
What about this scenario: A MySpace user writing damaging opinion about the principal of a boarding school-and those written attacks damage the enrollment of the school by sending misinformation/insults/etc into the rumor mill of the educational community that would typically send students to the school? What if the criticisms or slander of an individual results in injury to the business run by the individual? Can that be prosecuted? What about for the employees of the school who lost jobs because the reputation of their school leader has been so damaged that the school lost revenue through decline of enrollment over the on-going attacks on the principal?

Thanks!
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Emy Dawn, 24 Jul 2008 @ 6:44am

I have reported a few fake profiles of me MANY times to facebook now, I do not get any kind of acknowledgement or response, and they dont take any action.

Yeah, Facebook definitely act responsibly.

Not.
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Not The Real James Dean, 24 Jul 2008 @ 8:31pm

sign up to take down?
Crapbook sez that to report a fake profile, you need to "login to your account", I don't have an account, so now I have to sign up to facebook just to get this jokers profile dropped
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Emy Dawn, 29 Jul 2008 @ 12:47am

Re: sign up to take down?
It wouldnt make a difference, they dont remove fake profiles even if you do have a facebook account!
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Anonymous Coward, 8 Aug 2008 @ 7:30am

how do i delete a facebook account if im not a member of facebook? help!
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Steve Winterton, 29 Sep 2008 @ 7:36am

Facebook Refuses to Delete Fake Profiles
I agree with Emy that Facebook won't do anything. I too complained about fake celebrity and non-celebrity profiles that I know are fake. I contacted the guy in charge of Facebook, Mark Zuckerberg. He does nothing but forward your email to another department which also does nothing. Complain all you want to Facebook it'll do you no good! Even though Facebook's policy says they will delete the fakes the fact is Facebook won't delete any fake accounts. Don't believe me? Open a fake account. Then after a few months use your real account, tell Facebook the other account is fake(DON'T TELL THEM IT'S YOURS)and you'll notice Facebook allows the fake profiles to stay.
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Steve Winterton, 29 Sep 2008 @ 7:37am

Facebook Refuses to Delete Fake Profiles
I agree with Emy that Facebook won't do anything. I too complained about fake celebrity and non-celebrity profiles that I know are fake. I contacted the guy in charge of Facebook, Mark Zuckerberg. He does nothing but forward your email to another department which also does nothing. Complain all you want to Facebook it'll do you no good! Even though Facebook's policy says they will delete the fakes the fact is Facebook won't delete any fake accounts. Don't believe me? Open a fake account. Then after a few months use your real account, tell Facebook the other account is fake(DON'T TELL THEM IT'S YOURS)and you'll notice Facebook allows the fake profiles to stay.
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Rani, 3 Nov 2008 @ 12:45pm

Fake Facebook Profiles
Fake Facebook Profiles are one of the most annoying and even dangerous issues that facebookers (facebook users) face, and one of the most challenging problems for the facebook admins, so efforts to eliminate such profiles are set to the max! So here are some tips to guide you detect fake facebook profiles!
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best affiliate programs, 27 Nov 2008 @ 5:46am

best affiliate programs
everybody knows that but you can stop it?
best affiliate programs
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CB, 29 Nov 2008 @ 9:02am

Re:
When you grow up and understand the goals of education - you will eat your words!
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Anonymous Coward, 18 Jan 2009 @ 3:58pm

It should be illegal, and Im pretty sure something can be done about it, to create a fake facebook profile in someone elses name. It is psychotic, and the same as impostering as someone other than yourself, especially when leading other people to beleive it is you. People who are mature and respectful individuals will only understand.
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Shawna Lenee, 22 Feb 2009 @ 7:11am

As a model point of view.
As a model & actress's point of view, I believe making a fake profile SHOULD be illegal. It's a form of identity theft. Anyone could make a profile of me, talk some crap to people, I could be blamed because I'm in the public eye. I know that the average person doesn't have to deal with media.. And it's not as serious as it is to me.
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how to report fake profiles, 18 Mar 2009 @ 8:47am

I think only late last year did they start deleting fake profiles. Over the past week, I have reported fake profiles from a facebook game room. I think i must have reported over 20 fake profiles so far and about 75% of them have disappeared. I know theyve been deleted because in the game room there is a list which lists the top 100 players with the most points, they've disappeared from the list after I reported them!

Its quite a shame really because these people wtih fake profiles have spent almost a year building up over a billion points and then I anonymously come along and report them and they get their account deleted and POW all billion points gone forever! HAHA. serves them right for creating fake profiles to cheat.

Heres the form to report fake profile:

http://www.facebook.com/help/contact.php?show_form=fake_profile

heres the form to report imposter profile (someone pretending to be you):

http://www.facebook.com/help/contact.php?show_form=impostor_profile

heres the form to report someone who has created a business profile (facebook only allowed people not businesses!)

http://www.facebook.com/help/contact.php?show_form=business_account
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Col. David J. Wright, Problemsmith, 20 Mar 2009 @ 9:36am

False profile solution
I have been working on this now for nearly a year, as a policy analyst and strategist I wanted to develop a system that allowed me and my clients to be sure who they were communicating with. The system is still a short time away but it creates total integrity for those who engage it, it does so far require that users take approximately 2-5 hours and complete some forms.

Once the user implements the system into their profiles it obligates websites to remove false profiles and block new users from creating profiles that use the same name.

I will be pleased when the system is complete and our team has adequate financing to implement it.
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Jared Rosenberg, 17 May 2009 @ 6:26am

theory vs practise
law is one thing. reality is another. you guys need to stop interpreting the law so literally. in theory, you need evidence, motive, and this and that, but in reality, it doesnt take cops much to be able to bring you in. i know this because i was arrested for making a fake facebook account. the cops basically will try to charge you with as much as they can, and hope that you will make a plea bargain with the da so that you will be jailed for at least something. it wont matter if its 1 month. at least they get a conviction. cops are like salesman, every item you sell earns you commission. if cops arent getting any convictions then the people will think, why do we need the cops. cops win each time they get a conviction because it shows they are doing something. it doesnt take much for a person to be arrested. you can make a fake profile of me, and i can say that because of that, i feared for my life, and then it turns into something else very easily. now i may not actually be fearing for my life, but i can say that, and that is enough for the cops to bring you in. of course it depends on the location, but regardless of where it is, the law does not necessarily have to be interpreted literally, and there is a lot of flexibility.
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Faceboooklovaforeva, 24 May 2009 @ 3:45pm

True Dat homieeee
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Alice keymer, 30 May 2009 @ 5:27pm

Re:
It isn't fraud at all! The only reason it would be fraud is if you were using it for personal gain ie: money or to damage another persons identity. Other than than no one is going to tak etou to court if you make a fake profile purely for fun or from a fan point of view. The worst thing that will happen is that you will be banned!
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Kurt Edelbrock, 2 Jun 2009 @ 6:04am

Corporations Even Create Fake Proflies
Lately, staffing organizations have been using fake facebook profiles to pre-screen potential candidates. This further shows just how easy social engineering is on the internet.
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anoy, 7 Jun 2009 @ 2:21am

RE:WARNING
yes i argrea but facebook do not reply straight away and egnore emails and reports sent it about profiles, as i made a fake account of myx with a half naked pic and fogot the email because i signed up and llogged straight in uploaded the pic and logged out, i have now been threatend by the pc`s im only 15 i was just wondering how to get it off quicker or if the worst comes of it what to prepare for my email address is randomboyino@hotmail.co.uk if anyone has any help to offer cheers
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RockingMySocks, 12 Jun 2009 @ 10:07am

Facebook.
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Mark, 4 Jul 2009 @ 5:27am

Talking may be the key
I think the kids didn't really know what they were doing. They must have thought that as some kind of prank, when it's obviously a legal offense.

Maybe, if the teachers sue the kids, that would teach them a lesson, and then, maybe not. And who are these kids, anyway? Have they been so stupid as to reveal their names?

The best thing that can be done, in my opinion, is to talk about this in the school, so that a wannabe "faker" may think twice before doing something that he now nows is wrong. Or maybe I'm being too optimistic about the kids...

That said, it is really too easy to get a digital picture of somebody and then to create an account with it. Many will not agree, I'm sure, but I think that Facebook and similar "services" are so useless and potentially dangerous that they should be terminated altogether. If I know somebody, I can email him, or talk to him on the phone, or even face to face. And if I don't know him, reading a few lines, such as "I like jazz" or Chinese food, whatever", certainly does not teach me anything about him. So, what's the use of this Facebook thing to begin with?

Thanks for reading.
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Courtney Elizabeth, 8 Aug 2009 @ 6:50pm

fakes are just plain ANNOYING
I'm 16, from london. & i find it HIGHLY annoying that people get some sort of kick out of using another person photographs & saying 'Hey this is me :P aint i hot?'

I, myself have someone using my photos at this moment in time.
(facebook: Amelia Mclauren)
& tbh, it creeps me out & thats putting it mildly.
I think it should be illegal because it's sort of identity theft. & i also dont like the fact that she makes out that has a lot of 'sexual intercourse' with boys she hasn't even met. basically making me out to be a slapper :O lol
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Rachel Holbert, 1 Sep 2009 @ 12:06am

Illegal facebook profiles
No, I don't believe fake FB profiles are illegal or should they be. Granted school kids are probably making teachers, etc angry when they create unflattering fake profiles to make them look bad I dont think they should sue, the only ones getting a laugh out of this is the kids. Surely the adults know better unless of course slanderous remarks are being made but even then, sue?

If anyone should sue and if anything should be illegal it should be debt collectors creating fake FB profiles in an effort to catch debtors. Go back nad it the old fashioned way like they did 30 yrs ago before the internet.
The debt collector who hired that woman to pretend to be Jenny Anderson should be sued.
Who knows what they are doing with any personal information she collected fro mthe debtors. She could be posting personal info all over the net and there is no regulation so these people can pretty much do whatever they want whether people like it or not. And who knows how that info is used or whose hands it will fall into.
No regulation equals illegalities and invasion of privacy on every level.
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Rachel Holbert, 1 Sep 2009 @ 12:10am

Illegal facebook profiles
No, I don't believe fake FB profiles are illegal or should they be. Granted school kids are probably making teachers, etc angry when they create unflattering fake profiles to make them look bad I dont think they should sue, the only ones getting a laugh out of this is the kids. Surely the adults know better unless of course slanderous remarks are being made but even then, sue?

If anyone should sue and if anything should be illegal it should be debt collectors creating fake FB profiles in an effort to catch debtors. Go back nad it the old fashioned way like they did 30 yrs ago before the internet.
The debt collector who hired that woman to pretend to be Jenny Anderson should be sued.
Who knows what they are doing with any personal information she collected fro mthe debtors. She could be posting personal info all over the net and there is no regulation so these people can pretty much do whatever they want whether people like it or not. And who knows how that info is used or whose hands it will fall into.
No regulation equals illegalities and invasion of privacy on every level.
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daughter_harrassed, 21 Oct 2009 @ 12:22pm

daughter_harrased
A 13 year old at my child's school created a fake profile of my child and then created several additional identities of people who do not go to the school.
She then would log into each account and make comments all of who were attacking my daughter. She would log in as my child and make it sound like my daughter was calling her the "B" word and more.
Since my child did not know about the facebook page, she would go to school only to get harrassed by this girl and her friends who joined in. THe friends did not and still do not know that the profile is fake.
I reported the child to the principal and the first time we heard about a facebook profile was when she said that she was being mean to my child because my child had said bad things on facebook. Interestingly enough, the profile was removed the next day and not by my child. I know this because I sleep with my computer and after we discovered the facebook page, we went to sleep and woke up the next morning and it had been removed. My daughter could not have done it since I had the laptop all night with me.

This little girl does not realize (but will soon learn) that once you make a page, it does not disappear. And luckily, I was able to find a cached version and copied all of the pages that I could where she made really awful comments about and pretending to be from my child.

Last night I went to the school's fall choir concert and I noticed the "coldness" coming from the girls who used to run up to me and say hi. Or they used to be friends with my child. I now realize what she must have gone through and is still going through.

So I have decided to file a police report, turn in the copies to the school and the school district, and possibly sue. The damage to my child is enormous. Now 40 or 50 kids think that my child did something when she was nowhere around facebook.

She is getting ganged up on and if that girl continues with it, she could get jumped. I have also noticed that my daughter has stopped telling me the crap that the kids are doing at school because I think she is trying to still fit in. It's sad and scary because she is holding it in.

I am going as far as I can to uncover this.

It's hurtful.
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Worldview, 1 Dec 2009 @ 4:01pm

My friend was a victim to this. I'm in grade 8 and my friend made a degratting comment about a teacher. Well this teacher is sueing him. But how did the teacher know about the degratting comment on facebook? Well my vice principal used a FALSE NAME to get information. My next task is making a petition to help this victim. My friend is only a kid, I should sue the teacher he has made tones of degratting comments about me and other students. This world is full of injustice and ordinary people like us can fix it.
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nigel, 20 Dec 2009 @ 2:23pm

facebook fake acounts
facebook is full of fake acount that adults set up so there 5yr old kids can use it.yet i reported this to facebook and they have done nothing to remove a profile i know is a yung child.
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RayRay, 31 Dec 2009 @ 11:44am

Fake's
Fake's always add me on facebook && bebo.
You can tell when someone's a fake for example, if they have thousands of friends && they dont even know 1.
Youu can see on their profile loads of people are saying ''who's this?!'' or ''thanks for the add but do i know you''.
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Anonymous Coward, 11 Mar 2010 @ 7:10pm

Re:
Teachers have nothing to do with it. Its administration. There are probably no more than 3 to 4 people involved at schools involved in it and its the tippy top dogs.
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Anonymous Coward, 11 Mar 2010 @ 7:14pm

Re: Teachers should get on Facebook
Teachers do.
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Anonymous Coward, 17 Mar 2010 @ 9:52am

well what if someone creates one that steals pics off google and pretends to actually be a real person, like if u fall in love with the person and they try to maintaiin a relationship
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Fakers are crazy, 19 Mar 2010 @ 5:07am

Fakers can cross the line in cyber stalking and harassment laws, as in the following example:

A faker I've come across has been pretending to be another girl for 2+ years, stalking the real girl on Facebook and Myspace. He/she makes new profiles every time after getting reported for deletion. What's even more baffling though, is that this person does not only fake accounts of this one girl, he/she makes profiles of the real girl's friends as well, and have them "talk" to each other. It's insane.

I've told the real girl to contact the authorities, specifically the FBI, since they deal with cyber crimes. Anyway, if anyone comes across anyone who calls herself "heatherleamarie", be sure to tell the pathetic slob to get a life and not try to live one off some fantasy on the internet.
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sierra, 29 Mar 2010 @ 7:12am

teachers
I love how teachers are always the victom.. it makes me laph.. maybe teachers should learn to get a life and not make fake profiles to get students in trouble... its domb seriously STAY OUTTA THE OUT SIDE SCHOOL LIFE ITS NONE OF Ur BUISSNESS>> u guys are wanna be parents.. lets the students parents do the web page searching thats none of ur buisness
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someone...., 1 Apr 2010 @ 2:28am

the fake I made is deleted xD
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icyrebel (profile), 31 May 2010 @ 2:31am

fake accounts
fake accounts have the potential to do much harm, its usually against a web sites bylaws to create one........ and its usually the content of whats in that fake account that causes legal problems.. to say its overkill to sue someone if a website takes it down immediately is ludicrous,its like saying if someone robs a bank, gets caught, gives the money right back, he shouldnt go to jail....
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get it right, 31 May 2010 @ 6:13am

Re: no legs to stand
Free speech is allowed for satire and parody if it does not harm or intend to do real damage to the "target". Setting up a fake profile, without the "targets" knowledge, which is presumably real to those who see it and don't realize it's fake, is slander, which is NOT protected by free speech.
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Nate, 31 May 2010 @ 12:51pm

Re: no legs to stand
You ever hear of Libel? It's when something defaming is written about you. If someone created a fake facebook page about you, and started putting you off as someone you aren't, you wouldn't be upset by that? And sue to get things put right? Unfortunately tho, even if the case was won, in a situation like FB, where you can't exactly print a retraction like you can in the local newspaper, the damage is already done, so, why not make the little puke pay for what he's done?
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Roni B, 31 May 2010 @ 11:54pm

Hates Fakers
Fake accounts should be illegal if it is proven that the person hides behind their anonymity to abuse another person. My friend loves a certain television show and went to a fan page discussion board on facebook to theorize and talk about the show. There was an idiot there who posted under the name Majik Thise which is a character from Hitchiker's Guide to the Galaxy. He followed her all over the discussion board for months accusing her of being a guy, having a fake profile and fake pictures. My friend was harrassed by this person so badly she had to report them to Facebook Security. The harrassing posts were documented for months and they are still investingating the situation. The guy changed the account name from Majik Thise to another name probably not even his own. This person came back on the discussion board under numerous names and pretended to be different people agreeing with him! Facebook can trace the IP address whether it is a dynamic or static IP address. Why do these idiots think they can get away with this?
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mark claycomb, 12 Jul 2010 @ 3:19pm

how do you get the dumb dude to work to just make beep friends
Hi I am being my self on this dude here and why is it every time I try to just make a friend and every darn dumb thing dont work and its like I could have a old friend as a classmate and just want to say hi and the dumb freaken dude is not working and it's like in my own head it's like chris rock doing the clock dude thing and the dude don't work or just be cool just to have even anybody just like say hi. But how do you get dumb facebook to dumb well work just wanting to make a darn dumb friend. Or if anybody like to help me out just email me at estellpat@sbcglobal I just want a friend thats all. Peace out y all I voting for george cliton
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wtf all this, 21 Aug 2010 @ 11:42pm

games
facebook deleted my real profile someone said it was fake twitter is the fucking best dont forget that hores and fuck you dum ass hater and dont comment on this comment
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JimHarbis, 25 Aug 2010 @ 3:26pm

Hmm...
Does that cover fan pages?
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robbin gababich, 26 Aug 2010 @ 3:22pm

will a real lawyer answer these questions please..if there is no harm(loss of) or monetary gain it is not illegal
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fake name, 26 Aug 2010 @ 3:24pm

Re: sue for what?
anyone can sue anyone but a judge will throw it out..where is the proof of who made the account?
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Kamal Hasa, 18 Sep 2010 @ 12:19pm

Fake facebook profile
Fake Facebook Profile is not only illegal but also a crime.. The offenders should be put into some kind of database.
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tired of fighting facebook, 1 Oct 2010 @ 6:29am

what does it take to get facebook to remove fake profiles?
I have reported numerous time the fake profile posing as me. I have asked all my friends to do so also. Still the profile is out there after a week of reporting this. Facebook has done nothing!! Anyone know any other options to get facebook to remove a fake profile?
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ernel grant, 14 Oct 2010 @ 8:56am

someone opun a fake profile in me name
someone open a profile in my name .i know who the is ass well i need her to take it down.i know her name as well....
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cj, 27 Oct 2010 @ 7:09pm

Re: facebook fake acounts
I dont think an account a parent makes for their child would be considered "fake". Because its not like that parent is posting false or incriminating information from that account. Who cares if the child is young as long as the parent knows about it.,
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seektherapy, 6 Dec 2010 @ 12:10am

prince moulay rachid
It prince moulay rachid who threw the guy in jail. I personally knew him and went out with him 3 or 4 times, a long time ago. He always seemed really nice, which is why I wasnt surprised when he dropped charges. When i met him he was really wild himself
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Uranoob, 11 Jan 2011 @ 8:51am

Re: Re:
What if someone did it to make fun of someone but not to steal personal information like making a profile and embarassing them to a mild degree? is that considered illegal?
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Anonymous Coward, 14 Jan 2011 @ 8:01pm

IM MAD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Anonymous Coward, 22 Jan 2011 @ 1:15pm

Re: Loophole!?
Facebook doesn't delete it though. They don't do anything.
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KK, 31 Jan 2011 @ 4:49pm

This happened at my school recently, two 8th graders made a facebook account of a 7th grade math teacher. It was pretty mean and unnecisary. When kids finally started geting tired of the stuff they were saying, they told the principle and the two guys are charged with sexuall harassment, for the things they had written. And idnetity theft. Which i think agree with because they are using somebody's name and info. so it definetly falls under identity theft, which obviously is considered a crime.
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Kevin, 5 Feb 2011 @ 11:45pm

Re: Meh...
1) May or may not have been true is very true. Some friends say the lies are truth so majority rulez
2) Yes, everyone has the right of free speech. If you have lied to a certain someone by telling them you love them and turning around to tell others you are not serious, the person has every right to tell everyone what you did to him/her by creating a fake profile of you and describing you in ways that's registered in their minds from the information collected from the people you call friends.
3) There's a thin line that everyone crosses; ie between flirting vs cheating, texting vs sexting so if the line is not visible, we all wont know when we cross it.
4) Harrassment during a relationship is the same as after a relationship. Both are harrassment nontheless.
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Anonymous Coward, 18 Mar 2011 @ 12:17pm

Facebook will NOT take them down, there is one about me and it has been reported several times but it is still up!!!
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From a Legal Dept, 29 Mar 2011 @ 6:21am

A legal perspective
OK. I have noticed alot of concerns and questions regarding this issue. Please consider the following.

Parody: It must be stated somewhere on the profile that this is not a real profile. The name used can be the person's real name as long as this is stated. If the name is altered in a way that points out that the profile is fake, it still has to have the statement that says its not real.

Libel: This only applies if something untrue was said AND the account does NOT have the statement declaring parody.

Slander: This will only apply if there is some sort of soundbite, recording, etc. that states a lie and the statement declaring it as a parody is not present.

Identity Theft: Confidential personal information must be present, being gathered by, or being used by the account.

Defamation: This will only apply if the statement of the person is not posted and there is damage to the persons reputation.

Fraud: The account would have to be used to gather information from someone who thought the account was real.

Cyber Terrorism: Access must be gained to another person's account or computer using this account.

Even if they say its a parody, they can still be charged for using a real picture of the person. They can, however, use a look-a-like if they have that person's permission. The reason is that it may fall under the Personal Information Protection and Electronic Documents Act, effective Jan. 1, 2004.

To the person who asked about it being a fan profile.
I am not sure about the policies on Facebook, but for it to be legal, you must make it stated that it is a Fan profile, not made by the subject of fanbase.

Anybody can sue someone over making a false account, but as long as there is a notice that it is a parady, even if it is somewhere nobody would look in fine print, they do not have a case. Facebook still reserves the right to cancel the account. It all boils down to your evidence and Judge if you have a valid case or not.

Thank you for your time.
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From a Legal Dept, 29 Mar 2011 @ 10:28am

A legal perspective
Just to clarify one point. In the statement for a parody, depending on the Judge, the statement would actually have to state that any likeness to somebody is not related to anybody and the character(s) are fictitious.
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Anonymous Coward, 1 Apr 2011 @ 5:28pm

Re:
fucking faggot. need i say more?
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Anonymous Coward, 1 Apr 2011 @ 5:29pm

Re:
hmm.. how about you take your "some type of regulation" and shove it up your faggot asshole
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miranda, 11 May 2011 @ 6:00am

this cant be true because i have been getting many fake people sending me friends requests and i don't accept them but i am tired of it because some people will accept them and it could be an old guy or a rapest pretending to be a 17 year old chick!!!
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Oscar J., 13 May 2011 @ 4:11am

Yes it is illegal sometimes
coming in late to this debate but ignorance must be corrected. Creating a facebook page in the name of a registered business name such as a CHARITY to pass yourself of as that charity would be a CRIMINAL act and I know one such page at the moment.
Never make such assumptions as made on here about legality.
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frosty56, 25 May 2011 @ 11:24am

Fake profiles are annoying and wrong
A girl at my school who's only 12 or 13 (in seventh grade) was accused of making a fake profile of the principal, adding another teacher (a real account) and sending sexually harassing messages to him. She almost got suspended, but she didn't care about that. All the kids started bullying her, calling her all these names, coming up to her and using the name of our principal instead of her real name. It made her life hell and she killed herself. Then the school found out it wasn't even her.
Fake profiles ruin people's lives and I think anyone who makes them deserves to be punished. Forgive me for being to strong-minded, but when stuff like that happens you do feel strongly about it.
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fukcyou, 29 May 2011 @ 5:47pm

Re:
it sounds like you could fall into the informant CUNT category
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fukcyou, 29 May 2011 @ 5:48pm

Re:
Defamation of RETARD

need I say more?
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lisa, 25 Jun 2011 @ 9:12pm

thank you so much
thank you for this page, it helped me show people fake celbritys to you can go to jail. there is a guy doing that and im bringing him down >:) thank you you helped me soooooo much (he is pretnding to be shane dawson on fb name is shane dawson ( shane tha bomb) lol!!!
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natalie nunn, 27 Jun 2011 @ 12:52am

Re: Facebook Refuses to Delete Fake Profiles
hi my name is natalie im from the hit show on oxygen bad girls club an i was just agreeing with u on tht fact alot ppl make pages of me tht r not real this cld hurt a clebritys fame such as mine putin me in the spot but add me of facebook if u got 1 i hve a pink shirt in my defult an follow me on twitter mayb we can change facebook cuz i run LA an i am head bitch in charge xoxo smoochs #team natalie
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natalie nunn, 27 Jun 2011 @ 1:03am

fake pages ps i run LA
yo bitchs im natalie nunn from the hit show on oxygen bad girls club now i no im famous but i wna no y ppl make fake pages of me ur not me so dont pretend to b it dosent make u famous it jus makes me famous cum on now i mean mark zukerburg can eat my fuckin pussy he shld fuckin get off his lazy ass an do his fuckin job example if u adopt a dog u hve to take care of it well mark u made facebook take care of it natalie out xoxo i run LA
ps those fake pages bes b delted or u goin hear from my lawylers bye sweetyyyy
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judy, 7 Sep 2011 @ 6:03am

There are numerious pages on facebook about my son that are so untrue what can we do to get them removed PS i can prove they are untrue and lies
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mahdi ramezanian, 13 Sep 2011 @ 2:23pm

سوال در مورد مکمل های غذایی
سلام احسان جان من مهدی رمضانیان15 ساله از تهران هستم می خواستم بدونم که من میتوانم از مکمل ها �روتیینی استفاده کنم
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Julio, 20 Feb 2012 @ 2:41pm

Re:
No, students were pretending to be the teachers....
You misread it.
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Diana, 28 Feb 2012 @ 5:51pm

Fake Accounts
by the time facebook takes off the account / post it is too late and so much damage can be made. Fake accounts need to be taken more seriously..
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makenna, 10 Aug 2013 @ 11:01pm

that was so funny
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faith, 18 Aug 2013 @ 4:31pm

take down facebook
facebook should be taken down because pernets sit on facebook all day and dont even anloeg there kids and people get killed alot so take down facebook take down facebook now talk to the gavermeant
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zachary jame vannote, 18 Nov 2014 @ 6:35pm

fake profile detecter
fore face book and every online dating' can you invent a fake profile detecter test(:
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Anonymous Coward, 26 Jan 2015 @ 12:43am

In terms of the law, a fake Facebook page itself is not illegal, but it can be a tool used to break the law. A hammer itself is not illegal, but the use of a hammer to murder someone is. A false facebook profile (or any profile for that matter) can be used to commit a crime. Think of all the people who have profiles that are not their own such as (insert celebrity's name)'s myspace page....in fact, if thats the case, this would open up new lawsuits in a messy legal area. Katy Perry nudes
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Deirdre oneill, 20 Jun 2016 @ 4:15pm

Re: fake facebook account of teacher
Hi can anyone tell me is it a criminal offence if a minor says he done a fake facebook account of a teacher ? As lots of the children in school done it but my one said he done it because he was threatened and told he had better tell truth that he done it, even though he now says he did not do it ? He was threatened by school police officer and teacher . Now school police officer wants him to go to police station to make statement but he dose not want to go ? what can i do ? as they have excluded him from school .
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wisewon (profile), 24 Jul 2016 @ 9:28pm

Facebook fake or Real Name Policy
1st Facebooks Real Name Policy creates real danger to many users ISIS is hacking facebook to Kill US Troops and their Families the Pengagone gave orders all troops are to be Armed 24/7 on an off Base. 2nd Facebooks Real Name Policy is Totally Blackmail & Extortion give us your real name or we lock you out or delete your account. No appeal no form of user & Facebook communication. 3rd Facebook follows your online use reads your private messages what you and friends talk about even in private or secret groups and pages. That means they Search you and your conversations without a warrant and no just or probable cause. 4th Police need at least probable cause your a suspect of a criminal act before they can stop you and question your Identity Hiibel v. Sixth Judicial District Court of Nevada. Blacks Law on Blackmail and Extortion both are Felonies. They don't mean it has to be about Money Blackmail and Extortion can be for many reasons maybe you cheated on your wife example. So here we Have Facebook CEO/Owner saying LET Him Pay for facebook. In Fact its the USER,s Paying for Facebook because they are collecting all your personal info and Data Then Selling it to the highest bidders. So Facebook has Shown itself to be above the Law Forget the Constitution and your civil & Human rights freedom of speech and expression and their storing all user personal infor to be hacked by any country friend or foe on the Planet who can gather everything about you. While Cookies and Trackers, Scripts are used to gather info makes you wonder if Facebook an others are not reading all the details on your personal computers, phones and any electronic devices that go on Internet. Things that Law and Police need good Probable cause for or Valid Warrants for Facebook is violating all our civil and human rights because many don't realize it or submit to their criminal and civil rights violations before long Americans won't have any rights if they don't stand up and demand facebook stop this and not give up until its all stopped. including their revolving door contract they change at any time and users have no say so.
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wisewon, 24 Jul 2016 @ 9:56pm

Facebook fake or Real Name Policy
1st Facebooks Real Name Policy creates real danger to many users ISIS is hacking facebook to Kill US Troops and their Families the Pentagone gave orders all troops are to be Armed 24/7 on an off Base. 2nd Facebooks Real Name Policy is Totally Blackmail & Extortion give us your real name or we lock you out or delete your account. No appeal no form of user & Facebook communication. 3rd Facebook follows your online use reads your private messages what you and friends talk about even in private or secret groups and pages. That means they Search you and your conversations without a warrant and no just or probable cause. 4th Police need at least probable cause your a suspect of a criminal act before they can stop you and question your Identity Hiibel v. Sixth Judicial District Court of Nevada. Blacks Law on Blackmail and Extortion both are Felonies. They don't mean it has to be about Money Blackmail and Extortion can be for many reasons maybe you cheated on your wife example. So here we Have Facebook CEO/Owner saying LET Him Pay for facebook. In Fact its the USER,s Paying for Facebook because they are collecting all your personal info and Data Then Selling it to the highest bidders. So Facebook has Shown itself to be above the Law Forget the Constitution and your civil & Human rights freedom of speech and expression and their storing all user personal infor to be hacked by any country friend or foe on the Planet who can gather everything about you. While Cookies and Trackers, Scripts are used to gather info makes you wonder if Facebook an others are not reading all the details on your personal computers, phones and any electronic devices that go on Internet. Things that Law and Police need good Probable cause for or Valid Warrants for Facebook is violating all our civil and human rights because many don't realize it or submit to their criminal and civil rights violations before long Americans won't have any rights if they don't stand up and demand facebook stop this and not give up until its all stopped. including their revolving door contract they change at any time and users have no say so.
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My name doesn't matter, 4 Sep 2016 @ 2:16pm

Re:
Hardly matters anymore. The toilet has been flushed Long ago. That toilet being America liberty and due process. If your concerned with freedoms and rights, then move to another country were there rights are likely no better or worse than ours anymore at this point in time. Perhaps before bush and o dumb o we were better off. Especially in the rights catogory. Can we all just be honest and admit to ourselves that this is not what America stands for. This being present day. People will stand for nothing. Not even the freedoms and libertys there children won't have due to our cowardice behavior. Mock me and my stance if you must. Call me unamerican. Whatever makes you feel better. Standing up to currupt govt and all those enemy's within is about as American as can be yet the few who do are labeled unamerican or worse. We're pathetic. Myself included.
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Anonymous Coward, 22 Nov 2016 @ 9:44pm

if Facebook can be used against you , especially in the cases that cost people their jobs . I would recommend people sue to stick the point it is wrong and against the law to impersonate anyone.
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Brian, 5 Dec 2018 @ 8:38am

Fake Facebook Profiles
The problem is, Facebook won't always remove fake accounts because they're either too lazy to do the research, or they're incompetent. How hard is it to compare profile photos from one account to another?
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Ma'Star Furious, 15 Jul 2019 @ 2:01pm

Re: Fake facebook profile
you're a freaking idiot

Learn the law stupid fuck
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