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Illinois Law Allows Schools To Demand Students' ..... (1 Viewer)

tom22406

tom22406

Footballguy
Social Media Passwords

With a catch of course...................

Illinois law allows schools to demand students' Facebook passwordsTechnically Incorrect: Conceived to combat cyberbullying, a new law in Illinois may result in schools demanding social media passwords, even if the posting was not done at school or on school computers.

Technically Incorrect offers a slightly twisted take on the tech that's taken over our lives.

Illinois can't seem to decide whether it's the home of midwestern gentlefolk or of the most draconian humans this side of Moscow.

One of the state's newest laws, for example, may have goodness at its heart. However, it may have something else in various of its extremities.

The law, which went into effect on January 1, is designed to curb cyberbullying, but it also could encourage schools to pry into students' personal lives.

KTVI-TV reported that the law was already making some parents deeply uncomfortable. That's because one of its stipulations is troubling.

Indeed, this week Illinois parents began receiving a letter from school authorities informing them that their children's social media passwords may now have to be handed over, as part of school discipline. Motherboard reports that it obtained one of these letters. It reads, in part:



School authorities may require a student or his or her parent/guardian to provide a password or other related account information in order to gain access to his/her account or profile on a social networking website if school authorities have reasonable cause to believe that a student's account on a social networking site contains evidence that a student has violated a school disciplinary rule or procedure.

You might imagine that this stipulation only applies to school computers and activity on school premises. It does not. The schools may ask for passwords and search on the basis of any posting by a student at any time and in any place.

And who will decide what is reasonable cause? Leigh Lewis, superintendent of Triad Community Schools Unit District 2, told Motherboard that if someone didn't cooperate, there might be trouble. Not detention, criminal charges.

Those of sharp eyes and, perhaps, parenting experience, will wonder just what private information the schools might encounter as they search for their alleged evidence.

As one parent who had received the latter, Sarah Bozarth, told KTVI: "It's one thing for me to take my child's social media account in there and open it up for the teacher to look at (...) but to have to hand over your passport and personal information to your accounts to the school is just not acceptable."

I have contacted Illinois' Board of Education to ask how educators justify what seems like the potential for a considerable invasion of privacy. I will update, should I hear.

What if, in performing a search, the school discovers that a student is involved in, say, criminal activity or a sexual relationship? What if it discovers that the student has a particular medical problem?

Will it pinkie promise not to tell? I contacted Lewis to ask her views and will update, should she reply.

The whole idea of an authority being able to demand social media passwords has undergone some challenges over the last couple of years. This year, Oregon became the latest state to decide that colleges and employers would be forbidden from demanding social media usernames and passwords.

It's one thing for authorities to observe what employees, students or suspects are posting on social media. It's surely another to think that they have the automatic right to simply demand what is quite obviously personal information. In Illinois, it will all likely come down to the idea of reasonable cause. (No case has yet emerged of a school exercising its alleged right to ask for a password.)

Three years ago, however, 12-year-old Riley Stratton sued her Minnesota schools district after she claimed she'd been coerced into revealing her Facebook password. Last year, the case was settled with the Minnewaska Schools District paying Stratton $70,000. In this case, Stratton was accused of writing nasty things about her hall monitor.


Facebook's Statement of Rights and Responsibilities -- something to which all users agree (perhaps unknowingly) when signing up -- has a section 4.8. It reads: "You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account."

Clearly, cyberbullying is awful and potentially dangerous. However, where will the balance be struck between the need to find the alleged bully and the protection of someone's basic rights?

http://www.cnet.com/news/new-illinois-law-allows-schools-to-demand-students-facebook-passwords/
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Last edited by a moderator:
Gandalf the Grey said:
Tom Servo said:
Slapdash said:
If you aren't doing anything wrong, you don't have anything to worry about.
Click to expand...
Second reply. FFA is tip top shape right now.
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Yeah, I think he was being sarcastic and mocking the law and order types who say this regarding NSA etc spying.
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Slapdash is at the very least an anarchist sympathizer (though he never attends our meetings) and is surely joking. But we have a small group of posters here who say that sort of thing with sincerity. (Otis, snicker)

 
School Admin: Hunter, we're going to need the password to your Instagram.

Kid: What?

School Admin: We suspect that you posted something on your Instagram that violates district standards.

Kid: No clue what you're talking about.

School Admin: Stop playing around and give us the password.

Kid: I can't remember it. I do things like that. I'm forgetful. Good luck with your witch-hunt, though.

 
That was the fastest slippery slope ever. From fighting terrorist to fighting school bullies in one step.

 
roadkill1292 said:
Gandalf the Grey said:
Tom Servo said:
Slapdash said:
If you aren't doing anything wrong, you don't have anything to worry about.
Click to expand...
Second reply. FFA is tip top shape right now.
Click to expand...
Yeah, I think he was being sarcastic and mocking the law and order types who say this regarding NSA etc spying.
Click to expand...
Slapdash is at the very least an anarchist sympathizer (though he never attends our meetings) and is surely joking. But we have a small group of posters here who say that sort of thing with sincerity. (Otis, snicker)
Click to expand...
Pretty sure I have seen slapdash at meetings.

 
roadkill1292 said:
Gandalf the Grey said:
Tom Servo said:
Slapdash said:
If you aren't doing anything wrong, you don't have anything to worry about.
Click to expand...
Second reply. FFA is tip top shape right now.
Click to expand...
Yeah, I think he was being sarcastic and mocking the law and order types who say this regarding NSA etc spying.
Click to expand...
Slapdash is at the very least an anarchist sympathizer (though he never attends our meetings) and is surely joking. But we have a small group of posters here who say that sort of thing with sincerity. (Otis, snicker)
Click to expand...
Right, just saying anyone who reads the FFA knows Slapdash isn't one of those guys

 
Officer Pete Malloy said:
School Admin: Hunter, we're going to need the password to your Instagram.

Kid: What?

School Admin: We suspect that you posted something on your Instagram that violates district standards.

Kid: No clue what you're talking about.

School Admin: Stop playing around and give us the password.

Kid: I can't remember it. I do things like that. I'm forgetful. Good luck with your witch-hunt, though.
Click to expand...
:lmao: way to go Hunter!
 
It's not the same thing at all but I'm wondering, do schools have the right to open a locked locker without permission? Look through school bags without permission?

 
mr roboto said:
It's not the same thing at all but I'm wondering, do schools have the right to open a locked locker without permission? Look through school bags without permission?
Click to expand...
I'm not a lawyer but...

Lockers: Pretty sure they are considered school property so they are fair game.

Bags/Backpacks: IIRC the school needs to have some sort of "probable cause".

 
Wouldn't providing a password for ANYTHING that could be incriminating equate with our Fifth Amendment right against self-incrimination?

Is there legal precedence for this or have courts ruled the other way?

 
Meanwhile in Texas..............

GUSTINE, Texas — About two dozen elementary school students were rounded up and forced to pull down their pants earlier this week after school officials found feces on the gym floor.

Maria Medina, whose 11-year-old daughter Eliza Medina was searched Monday for evidence of defecation, said she can understand educators' frustration but they went too far when they took boys to one room and girls to another and ordered them to pull down their pants.

"I felt uncomfortable, and I didn't want to do it," Eliza said. "I felt like they violated my privacy."

"I said I didn't want to, but I was told I had to because all the kids had to," she said.
Click to expand...
http://www.usatoday.com/story/news/nation/2015/01/28/students-drop-pants/22463461/

 
tom22406 said:
Meanwhile in Texas..............

GUSTINE, Texas — About two dozen elementary school students were rounded up and forced to pull down their pants earlier this week after school officials found feces on the gym floor.

Maria Medina, whose 11-year-old daughter Eliza Medina was searched Monday for evidence of defecation, said she can understand educators' frustration but they went too far when they took boys to one room and girls to another and ordered them to pull down their pants.

"I felt uncomfortable, and I didn't want to do it," Eliza said. "I felt like they violated my privacy."

"I said I didn't want to, but I was told I had to because all the kids had to," she said.
Click to expand...
http://www.usatoday.com/story/news/nation/2015/01/28/students-drop-pants/22463461/
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Jesus. When you read these kinds of stories you have to wonder how people with this kind of judgement are able to hold any kind of employment. Boggles my mind.

 
Gandalf the Grey said:
tom22406 said:
Meanwhile in Texas..............

GUSTINE, Texas — About two dozen elementary school students were rounded up and forced to pull down their pants earlier this week after school officials found feces on the gym floor.

Maria Medina, whose 11-year-old daughter Eliza Medina was searched Monday for evidence of defecation, said she can understand educators' frustration but they went too far when they took boys to one room and girls to another and ordered them to pull down their pants.

"I felt uncomfortable, and I didn't want to do it," Eliza said. "I felt like they violated my privacy."

"I said I didn't want to, but I was told I had to because all the kids had to," she said.
Click to expand...
http://www.usatoday.com/story/news/nation/2015/01/28/students-drop-pants/22463461/
Click to expand...
Jesus. When you read these kinds of stories you have to wonder how people with this kind of judgement are able to hold any kind of employment. Boggles my mind.
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Exactly. It bottles my mind too.

 
Officer Pete Malloy said:
mr roboto said:
It's not the same thing at all but I'm wondering, do schools have the right to open a locked locker without permission? Look through school bags without permission?
Click to expand...
I'm not a lawyer but...

Lockers: Pretty sure they are considered school property so they are fair game.

Bags/Backpacks: IIRC the school needs to have some sort of "probable cause".
Click to expand...
It's "reasonable suspicion," which is a lower threshold than probable cause. And it only needs to be a reasonable suspicion that a school rule (no cell phones in the building etc.) is being violated, instead of a law.

 
njherdfan said:
Officer Pete Malloy said:
mr roboto said:
It's not the same thing at all but I'm wondering, do schools have the right to open a locked locker without permission? Look through school bags without permission?
Click to expand...
I'm not a lawyer but...

Lockers: Pretty sure they are considered school property so they are fair game.

Bags/Backpacks: IIRC the school needs to have some sort of "probable cause".
Click to expand...
It's "reasonable suspicion," which is a lower threshold than probable cause. And it only needs to be a reasonable suspicion that a school rule (no cell phones in the building etc.) is being violated, instead of a law.
Click to expand...
:thumbup:

 
Why do elected officials continue to create stupid laws that are unconstitutional and will be struck down as soon as they're challenged in court?

 
Officer Pete Malloy said:
mr roboto said:
It's not the same thing at all but I'm wondering, do schools have the right to open a locked locker without permission? Look through school bags without permission?
Click to expand...
I'm not a lawyer but...

Lockers: Pretty sure they are considered school property so they are fair game.

Bags/Backpacks: IIRC the school needs to have some sort of "probable cause".
Click to expand...
Right on the lockers. Students and their property can also be searched with any inking of a reason. Kids in school don't have the same rights adults have when it comes to private property, searches, seizures, etc.
 
I would absolutely, positively refuse to allow a child of mine to be raised in an Illinois public school. This is just one of many reasons.

 
So lets say a teacher orders a student to fork over their Facebook password. Assuming this process does not include a password change, I guess the student could then make libelous posts about the principal (from a public computer of course) and then the teacher would be on the hook. Right?

 
tdoss said:
Just training them early to submit and comply.
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Pretty much. Schools are insane no with zero tolerance. I went to high school at catholic high school in the 90s and it was much more lenient than the public school I teach at now.
 
As a school principal (not in Illinois) there is NO WAY I would do this even if there is a law on the books saying I could.

BUT, there are also legal requirements on schools to handle cyberbullying even when it doesn't occur at school...which can be nearly impossible for school admin.

 
johnnyrock62000 said:
Why do elected officials continue to create stupid laws that are unconstitutional and will be struck down as soon as they're challenged in court?
Click to expand...
For the same reason dogs lick their own balls: because they can.

The difference, of course, is that a dog licking his own balls hurts no one.

 
Prince Myshkin said:
As a school principal (not in Illinois) there is NO WAY I would do this even if there is a law on the books saying I could.

BUT, there are also legal requirements on schools to handle cyberbullying even when it doesn't occur at school...which can be nearly impossible for school admin.
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Currently this is the #1 pain in the ### for our admins. Just reminds me why I never wanted to go into administration.

 
Eminence said:
What if the kid simply says no?
Click to expand...
Good question but I would assume it would result in some sort of disciplinary action...suspension etc.

I sort of stated above that if it were my kid I would tell him "I'll take the suspension. I'll use the time to talk to the lawyer my dad got to sue the #### out of you."

 
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