Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages
from the wow dept
Remember the story recently about how Bozeman, Montana was asking all applicants for city jobs to hand over their social networking passwords so city officials could log into their accounts? After some widespread complaints, the city smartly backed down, but apparently they're not the only ones demanding passwords. CitMediaLaw points us to a lawsuit filed in Mississippi, concerning a high school student who turned over her Facebook password at the demand of a teacher at the school. The teacher proceeded to log into her account, read her private messages and then send them around to others at the school, causing a lot of problems for the girl.Apparently, the teacher had originally demanded usernames and passwords to Facebook from a bunch of students to see if they were doing anything illegal (drugs, drinking, etc.), which is already pretty questionable from a privacy standpoint (and violates Facebooks' terms of service). But to then use the contents of private communication to publicly humiliate the girl and punish her for her private messages seems to go way beyond what is both right and legal. Other students at the school had quickly deleted their Facebook profiles when the teacher demanded their passwords, but this girl chose not to, but certainly never expected what followed. It's amazing that any teacher would think that they have a right to demand access to private social networking accounts and then to make use of the content of private messages in that manner.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: passwords, social networks, students, teachers
Companies: facebook
Reader Comments
Subscribe: RSS
View by: Time | Thread
giving away her rights?
If this was an adult who gave up their password, I don't know that the teacher did anything illegal, serious bad form yes, but not illegal.
Fortunately since she's a minor, the girl can't be held to that standard, yes?
[ link to this | view in chronology ]
Re: giving away her rights?
I'd bet the teacher would not have this same view. They'd downplay the issue as "just an internet thingy".
[ link to this | view in chronology ]
Re: giving away her rights?
[ link to this | view in chronology ]
Re: giving away her rights?
[ link to this | view in chronology ]
Re: giving away her rights?
For example the credit card companies are responsible for fraudulent charged that were not authorized on your card.
[ link to this | view in chronology ]
Re: giving away her rights?
[ link to this | view in chronology ]
Re: Re: giving away her rights?
[ link to this | view in chronology ]
Re: giving away her rights?
[ link to this | view in chronology ]
Re: giving away her rights?
[ link to this | view in chronology ]
Shame on you, Mike!
[ link to this | view in chronology ]
Re: Shame on you, Mike!
[ link to this | view in chronology ]
Re: Re: Shame on you, Mike!
[ link to this | view in chronology ]
Re: Re: Re: Shame on you, Mike!
Indeed, and the fact that it can be taken at face value is sadly telling.
[ link to this | view in chronology ]
I dont get it?
[ link to this | view in chronology ]
Re: I dont get it?
2. Because this person decides who is on/off/leads the cheerleading squad.
[ link to this | view in chronology ]
Re: Re: I dont get it?
2. Yes, this worked great, didn't it? The potential for abuse is enormous, and turning it over is no guarantee that you will even get brownie points
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: I dont get it?
If you give your password to your best friends and something happened, I would blame them.
The only thing bad I could say about this girl is that she was naive with her trust. That's about it.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: I dont get it?
How many assholes we got on this ship anyway? I knew it, I'm surrounded by assholes.
....KEEP FIRING, ASSHOLES!
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
Actually that is exactly how many child abusers treat their victims. They abuse their authority by reminding them that because they are only a child no one will believe them and/or that since they (the abuser) the child is supposed to do what they say without question.
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: I dont get it?
I thought it's all about the boob size?
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
No, no, no. That just determines who soaps up who in the shower after the game...
[ link to this | view in chronology ]
Re: Re: I dont get it?
[ link to this | view in chronology ]
Re: Re: Re: I dont get it?
Yeah me too, thats why I dont get it.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Article lacks specifics as to school policy but....
There used to be a time when you could trust the courts and law to protect you or at least back you up after the fact in these types of situations. Unfortunately, over the past 10-15 years the combination of law changes and court decisions have unfortunately neutered our protections.
Maybe in this case the courts will side with the student in what seems to be a rather blatant violation and the school will learn.
[ link to this | view in chronology ]
Re: Article lacks specifics as to school policy but....
I'm sorry, care to back up that statement? You might feel that was once the case, but there are many stories of past abuses of power that simply have faded from memory or simply didn't have an opportunity to get out.
There was no "good old days". Look at the stories surfacing today of abuse that took place 30, 40, 50+ years ago. These are the stories that are interesting enough (and provable/believable enough) to get press coverage. There are many, many stories that simply go untold.
At least today, with 24 hour news coverage and platforms allowing anyone to get their stories out there, we hear about the current problems.
The "good old days" are back when problems were quashed by authorities or when victims couldn't get their stories out.
[ link to this | view in chronology ]
Re: Re: Article lacks specifics as to school policy but....
......are you being serious? You hear what they WANT you to hear, end of story. For instance, I didn't hear ANYTHING from the cable news networks about my jackass Cook County Sherriff going after Craig's List with literally ZERO legal basis. But that's because the traditional media doesn't like Craig's List.
[ link to this | view in chronology ]
Re: Re: Re: Article lacks specifics as to school policy but....
And yet you obviously did hear about it somewhere. Which is kind of the point, I think.
[ link to this | view in chronology ]
Re: Re: Re: Re: Article lacks specifics as to school policy but....
....yeah...I heard about from HERE. I must have missed the point you got...
[ link to this | view in chronology ]
Re: Re: Re: Article lacks specifics as to school policy but....
[ link to this | view in chronology ]
You have to give your password!
You really have no choice!
We want to see your private stuff!
And speak out with your voice!
We have to have your password!
Give it up you stupid clod!
And if you do not give it!
We'll kick you off the squad!
YAY! WOO!
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Oh wait... that was overturned... nevermind!
There is no reason - EVER - for a school official to have ANY passwords for ANY child's personal websites, social sites, etc.
That opens the doors to WAY to much abuse.
After all...
THINK OF THE CHILDREN!
[ link to this | view in chronology ]
Not Weighing In
[ link to this | view in chronology ]
Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Not Weighing In
> it was ok to abuse their position?
A loaded question, but, yes.
Look, this is a school that still practices corporal punishment (spanking)*. If due process for high-school students in Pearl, Mississippi, is merely summary judgment by a school staff member before getting hit by that staff member, then can't we imagine that it's okay that a 14-year-old girl's notes aren't really private? How many of you had to read aloud the private note you were caught passing in class?
To be a cheerleader, you have to cooperate with the sponsor**. Now, based on the reading and my vivid imagination, I think that Ms. Jackson (a freshman) was in some kind of online backstabbing campaign against the Cheer Captain (probably a senior). To put an end to it, coach Tommie Hill said she was going to ask everyone for their passwords. She found messages in Jackson's inbox that did indeed show that the squad thought Ms. Cheer Captain was a beee-otch and perhaps that the teacher was no better. Teacher made an example out of Ms. Jackson in much the same way that most very fervent Football schools deal with this -- quite directly.
Now, I MADE ALL OF THE ABOVE UP. But these are the facts ... She's 14. She has few to no rights. Especially in places like Pearl, Texas where Football is king and the coaches are Gods.
Robb
*http://www.pearl.k12.ms.us/schools/LinkClick.aspx?fileticket=%2BzVTWWLX9xc%3D&tabid =547&mid=1201 (page 24)
**page 31
[ link to this | view in chronology ]
Re: Re: Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Re: Not Weighing In
> in places like Pearl, Texas
Pearl is stil in the USA, so she has all the rights guaranteed her under the US Constitution, several of which the school apparently violated.
[ link to this | view in chronology ]
Re: Re: Re: Re: Not Weighing In
*few enough as to make the difference accademic
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Not Weighing In
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Not Weighing In
> their protections once they pass through the schoolhouse door.
That's not what the Supreme Court of the United States has said. In fact, one of the most famous quotes on the subject by the Court was that "students do NOT shed their rights at the schoolhouse door."
But even so, this student's Facebook account was created, used and managed in her own home; schoolhouse doors had nothing to do with it, hence her rights were in full effect.
[ link to this | view in chronology ]
Re: Not Weighing In
Otherwise, there really is no way to justify disseminating someone's private conversations without their permission, unless the content was criminal in nature.
[ link to this | view in chronology ]
Re: Re: Not Weighing In
[ link to this | view in chronology ]
They take everything so seriously, in some ways importantly so - it is certainly more of a sport these days, not just pompom waving, some of the injuries incurred are on par with any other sport. They train almost daily (and weekends), travel to competitions, fundraise, they *work* at this sport. They also learn to honor the commitment they make or they're gone.
But the extraneous bitchery that seems to ride shotgun...wow. I can see how a controlling coach would have no problem ordering those students to hand over their passwords 'or else', and I can see the students believing they had to 'or else'.
Now I'd like to see this supposed teacher's behavior slapped down in court and its banning written into school policies 'or else'.
[ link to this | view in chronology ]
bassackward
I worked in Pearl, MS for a year and this is the kind of town where the locals know everyone and everyone's business.
[ link to this | view in chronology ]
Two years ago?
On the other hand, why didn't she delete her account? Or why did she give her the correct password?
Geez, what's up with the youth of today. We were much more clever and deceitful before all this technology.
[ link to this | view in chronology ]
Re: Two years ago?
Excellent point! I'm sure the parents were informed about the incident when it happened. After all, a Teacher would have informed the parents, and the child in their care, that they were passing her private info around.
I mean, it's not like we've ever heard of a Teacher engaging in nefarious activities.
[ link to this | view in chronology ]
Re: Two years ago?
Apparently, the site was accessed the same day the password was collected, and the girl didn't have access to Facebook from school. So the answer is: no opportunity.
[ link to this | view in chronology ]
cha-ching
[ link to this | view in chronology ]
Re: cha-ching
[ link to this | view in chronology ]
Unbelivable!
[ link to this | view in chronology ]
Re: Unbelivable!
> teacher should not only be sued but fired.
Maybe. I think it depends on the situation. These are 14-year-old kids we're talking about, not adults. And while I hate her tactics, I'm not sure that they are so damning as to make her lose a successful teaching career.
I grew up in Cowboy, Arizona (population 12,000 -- now a suburban megopolis of about a quarter million). But even then, you had no privacy. The lockers were regularly searched. Bathroom stalls had no doors. Students had zero privacy.
Life is different in a small town. Life is different for young students. A small community does give its teachers a LOT of latitude, including the right to be the moral police off-campus.
I want to hear both sides before coming down on one side or the other.
[ link to this | view in chronology ]
Re: Re: Unbelivable!
[ link to this | view in chronology ]
Re: Re: Re: Unbelivable!
If this teacher truly thought something inappropriate is going on OUTSIDE OF THE SCHOOL, they should be contacting the parents.
[ link to this | view in chronology ]
Re: Re: Unbelivable!
> were regularly searched. Bathroom stalls had
> no doors. Students had zero privacy.
That's because the lockers and the bathrooms were on school property and used by the students during school hours.
Facebook accounts are private and used off school property and not during school hours (as the article notes, Facebook is blocked on school computers so any use *had* to be from home).
An equivalent and proper analogy would be if-- during your years in Arizona-- your teacher had shown up at your home and demanded to look through your diary, then taken it to school, photocopied it, and passed it around to everyone else.
I doubt that would have flown back then, even in Cowboy, Arizona.
[ link to this | view in chronology ]
Re: Re: Unbelivable!
> community does give its teachers a LOT of
> latitude, including the right to be the moral
> police off-campus.
There's no exception in the US Constitution for "small communities". A town doesn't get to exempt itself from the restrictions the Constitution places on government just because of its size and the government (in the guise of the school, in this case) has no authority to police the morals of students when they're in their own homes.
Back in the day, small towns were isolated and they may have been able to get away with their excesses and outright illegal behavior because no one ever heard about it, but now with our wired world, even the smallest communities find their foibles virally transmitted around the world in a matter of hours, attracting the attention of big-time civil rights attorneys who just love to make their bones slapping down rural school officials who think they're the gods of their particular domains.
Bottom line, when this case eventually goes to trial, it will be absolutely no excuse for the school district's lawyer to stand up and say, "But judge, we're a small town and life is different for us. We routinely allow our government officials to do things which would violate the Constitution in big cities."
The school better have a better defense than that or the next thing they'll hear is, "Judgment for plaintiff."
[ link to this | view in chronology ]
Re: Re: Unbelivable!
[ link to this | view in chronology ]
Re: Re: Unbelivable!
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Lesson #1, never let anyone that works for the government be in a union.
Lesson #2, take responsibility for your child's education and always be suspicious of who is teaching them, if it isn't you.
Lesson #3, teach your child what their rights are, and what respect really is. It is not blind obedience. When punishment lies outside of what is allowed for school, let your child know you support them if their disobedience is justified. Let them also know how "in trouble" they'd also be betraying that trust.
[ link to this | view in chronology ]
Perhaps it took that long to find a lawyer?
Why two years:
Perhaps it took two years to find an lawyer willing to take up the case?
Perhaps they didn't know until recently that they _could_ sue?
Perhaps they thought it was behind them and it was recently brought up as a reason why she's being denied/punished for something?
Why she didn't delete her account like the other girls did:
Perhaps she didn't have as fancy a cell phone, one that didn't allow her to log on to the internet and delete her account.
We may never know. It still reeks of 'abuse of power', 'poor judgment', and petty vindictiveness. On the part of the teacher that is.
[ link to this | view in chronology ]
This is privacy rape
[ link to this | view in chronology ]
Perhaps it took that long to find a lawyer?
Why two years:
Perhaps it took two years to find an lawyer willing to take up the case?
Perhaps they didn't know until recently that they _could_ sue?
Perhaps they thought it was behind them and it was recently brought up as a reason why she's being denied/punished for something?
Why she didn't delete her account like the other girls did:
Perhaps she didn't have as fancy a cell phone, one that didn't allow her to log on to the internet and delete her account.
We may never know. It still reeks of 'abuse of power', 'poor judgment', and petty vindictiveness. On the part of the teacher that is.
[ link to this | view in chronology ]
Just because she's underage doesn't mean any of that is okay and that she must comply. Anybody who implies otherwise (that she has LITTLE RIGHTS because she is FOURTEEN YEARS OLD) should consider that. So, the teacher might want to know if she's been buying drugs, so he takes her card and ATM number and removes all the money or prints the bank log and sends it to everyone.
It's true that being underage doesn't give you the same legal rights as an adult. But only her legal guardians (parents), not teachers, have any say whether an underage kid has rights or not and can make decisions on her behalf and "violate" her privacy.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Student Files Lawsuit After Teacher Demands Facebook Password
[ link to this | view in chronology ]
As a parent I certainly would protest anyone giving my child moral guidance. That's up to me. The teacher's job is to educate, which frankly, in today's system a lot of them are failing. (No, not all, but a lot).
Asking someone for their facebook password is tantamount to asking them to hand over a personal diary. An invasion of privacy.
I don't know the circumstances, but I also don't have to know. The simple fact is the teacher should have used another avenue, because the way I see it, her actions weren't moral at all.
[ link to this | view in chronology ]
Re:
really? you're serious?
There are more things wrong with that statement than I have hairs on my head (or had when I was 25) but I've got one question.
Are you Christian? (or Muslim or whatever)
[ link to this | view in chronology ]
I feel for the school district
As for the student, her giving her password to the teacher was questionable, and legally not a requirement. But I am sure she was threatened by the teacher either directly or implied. Either way, her turning the password over to the teacher still holds the teacher to the confidentiality aspects of her job. Spreading any information to any person outside of the appropriate staff at the school would violate that confidentiality.
Minor's don't have many rights in this world, but they do have the right NOT to be assaulted, or injured physically, mentally or emotionally by those whom the parents trust to care for them. And yes teachers are as much care givers as they are teachers in their roles.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Now go to Hell and die...
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
I agree but...
1. Facebook should never be considered private, thats like hiding a note under a rock, you can hope no one sees it but really, whos fault is it if someone does?
2. She shouldnt have given up the password, I mean really, the person with the password has the right to do what they want, and facebook says right when you sign up to never give it to anyone, doubt she read that though.
3. Parents...? Does the girl have any connection with her parents, like maybe asking them their thoughts before doing something like this, where were they. Oh yeah, available afterwards to sue.
I still think the teacher is out of bounds, thats wicked messed up. Im in high school, and if a teacher had ever done that, wow, it would raise a stink.
Its really not right, for no other reason than that the teacher punished the student by humiliating her outside of school, and thats wrong.
[ link to this | view in chronology ]
Re: I agree but...
2. I attribute this to her age. Bullying a 14 year old (a 8th grader or freshman right?) is one thing but I doubt this would have worked on a 17 year old senior who would be a bit older and wiser (and more willing to go against authority).
3. Again her youth. A fgure of authority is pressuring a kid to give up her user info and I wouldn't be surprised of the teacher demanded her to give it up before the end of the day under threat of suspension. Its about like shady dealer trying to pressure adults into making a suspicious deal by saying you have to agree to it NOW or lose out except the adult is wise and bold enough to refuse the deal no matter how much pressure is on them.
[ link to this | view in chronology ]
As for blaming the girl - ridiculous. So many of you think she should have "stood up for her rights" that I wonder if you have ever been 14. At that age I was shy and easily intimidated.
Or perhaps she didn't want to lose everything she had on Facebook. She was told that this info was only requested as something like a "background check," she knew there was nothing bad in her account so she had nothing to fear.
If the facts as stated are true, and the teacher made content from the child's Facebook content public, it's morally reprehensible. I *hope* (not being a lawyer) it's also legally actionable.
As for this being "a teacher's one mistake" she shouldn't lose her career over - do you *really* think this teacher has never abused her power over students before, in other ways?
[ link to this | view in chronology ]
If social netowrking sites are such a big deal....
[ link to this | view in chronology ]
How about change your password?
And that's an alternative: Give the right password and then change it ASAP. Or you can use some of those encrypted password holding programs that generate a random password for each of your sites. You can then legitimately say you don't know what your password is.
[ link to this | view in chronology ]
facebook privacy
[ link to this | view in chronology ]
facebook privacy
[ link to this | view in chronology ]
facebool privacy
[ link to this | view in chronology ]
unbeleivable
[ link to this | view in chronology ]
facebook privacy
[ link to this | view in chronology ]
facebook privacy
it's still Montana ... (Lincoln is where Ted Kaczynski
had his little bomb factory).
Mississippi is another story ... but I think Alabama has
the record for flunkies (teachers) in any profession.
I grew up in a western suburb of Chicago, and I can't
remember there being more than 10 percent of the grade
school and high school teaching staff that was worth
anything.
Fire any person who tries to intimidate a person (no matter
how young) by demanding their personal information. This
includes police. This is not (yet) a fascist society.
Why is anyone surprised that this occurs in backwoods
communities?
[ link to this | view in chronology ]
Re: facebook privacy
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re: lol
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Facebook passwords
[ link to this | view in chronology ]
What a Shame
[ link to this | view in chronology ]
disgraceful
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Dumb Teacher
[ link to this | view in chronology ]