Identity Theft?

[Jennifer Horn]

What is the name of your state (only U.S. law)? Ohio
My 14 year old daughter logged onto an ex-friends facebook. Speaking as the friend she messaged a boy saying she liked him. The girl is embarrassed and now the girls parents want to charge my daughter with identity theft and unlawful use of a computer. Is this possible? When the girls were friends the facebook password was given to my daughter. Since their initial fight there has been alot of hatefulness back and forth and my daughter's facebook was deleted by us in May. I have apologized to the parents but they have refused an apology from our daughter.
No photos were sent,however some vulgar language was used. There are two other girls who participated that night. My girl has admitted to what she specifically did and says she did not type this message. I believe her because the boy it was sent to is her own "boyfriend". This is her first official boyfriend and their relationship consists of seeing each other at school and going to a parent supervised family party. She herself would be embarrassed and humiliated if language like that were directed toward or used in reference to him. The messages my daughter sent were to girls and are not mentioned in the investigation. I'm not at all saying that my girl isn't guilty of wrong doing. It just seems they're trying to pin her for something she didn't do.

 

[CdwJava]

While I am not familiar with the specific laws in Ohio, I can not imagine that the police or the prosecutor in the victim's county are going to waste time with something like this. And it would not likely be "identity theft" but something akin to unlawful use of a computer system ... assuming, of course, that the ex friend wants to pursue the issue. If the ex friend does not care that his or her facebook log-in was used, then there may be no case.

But, as I said, the police and the prosecutor are not likely to give this a second look unless they are awfully bored or they really do not like the suspect.

- Carl

 

[quincy]

I agree with Carl that, at least from what you said your daughter posted, the police will have little interest in this matter - although police interest does not prevent your daughter's friend's family from filing a complaint against your daughter (which the police will have to investigate) and it does not prevent your daughter's friend's family from suing your daughter.

If your daughter hacked past any privacy barriers that restrict access to the friend's account, then your daughter would have violated some state and federal laws, and if your daughter used the friend's account as a way to defame the friend or anyone else, or invade another's privacy, then she would have violated some state defamation and privacy laws. And impersonating another could be considered identity theft (and identity theft laws have been used in online impersonation cases in the past).

BUT, as it stands, the most that will probably happen (after the family investigates the high costs involved in pursuing any legal action against your daughter) is that your daughter's Facebook account will be disabled and she will be barred from using the site. She has violated Facebook's Terms of Service which say:

"You agree not to use the [Facebook] Service or Web site to:
*impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. . .
*intimidate or harass another;
*use or attempt to use another account, service or system without authorization from the Company, or create a false identity on the Service or the Web site."

So, yes, it is possible (not sure how probable) that the girl's family can file an "identity theft and unlawful use of computer" complaint against your daughter, that the girl's family can try to sue your daughter, and that your daughter's Facebook account can be terminated (this is the most likely).

I advise that you review with your daughter the legal and ethical do's and do not's of computer use before allowing her back online. I assume you have already advised your daughter that she should apologize to her friend.

(A good source to consult in helping your daughter learn what is acceptable, and legal, behavior on the internet, is Nancy Willard, M.S., J.D., and her "Educator's Guide to Cyberbullying and Cyberthreats." You can Google it.)

 

[stealth2]

If this were my child, her Facebook acct would already be gone, and her Internet access severely limited (if not gone). She has shown herself too immature to be allowed the kind of access she had. She would also be required to apologize to the ex-friend and her parents. And I'm sure I'd come up with a few other consequences for her.

Given that you characterize the other girl as an "ex" friend, it's not a huge leap to figure out that your daughter deliberately tried to embarrass this girl. In other words - she's a "mean girl". You may want to think about how you're going to revise her way of thinking.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio
My 14 year old daughter logged onto an ex-friends facebook. Speaking as the friend she messaged a boy saying she liked him. The girl is embarrassed and now the girls parents want to charge my daughter with identity theft and unlawful use of a computer. Is this possible?

She only said she LIKED him? Or was it more than that? Because in Ohio sexting is a crime and has been prosecuting. So what EXACTLY did your daughter message?

 

[Jennifer Horn]

I agree with Carl that, at least from what you said your daughter posted, the police will have little interest in this matter - although police interest does not prevent your daughter's friend's family from filing a complaint against your daughter (which the police will have to investigate) and it does not prevent your daughter's friend's family from suing your daughter.

If your daughter hacked past any privacy barriers that restrict access to the friend's account, then your daughter would have violated some state and federal laws, and if your daughter used the friend's account as a way to defame the friend or anyone else, or invade another's privacy, then she would have violated some state defamation and privacy laws. And impersonating another could be considered identity theft (and identity theft laws have been used in online impersonation cases in the past).

BUT, as it stands, the most that will probably happen (after the family investigates the high costs involved in pursuing any legal action against your daughter) is that your daughter's Facebook account will be disabled and she will be barred from using the site. She has violated Facebook's Terms of Service which say:

"You agree not to use the [Facebook] Service or Web site to:
*impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. . .
*intimidate or harass another;
*use or attempt to use another account, service or system without authorization from the Company, or create a false identity on the Service or the Web site."

So, yes, it is possible (not sure how probable) that the girl's family can file an "identity theft and unlawful use of computer" complaint against your daughter, that the girl's family can try to sue your daughter, and that your daughter's Facebook account can be terminated (this is the most likely).

I advise that you review with your daughter the legal and ethical do's and do not's of computer use before allowing her back online. I assume you have already advised your daughter that she should apologize to her friend.

(A good source to consult in helping your daughter learn what is acceptable, and legal, behavior on the internet, is Nancy Willard, M.S., J.D., and her "Educator's Guide to Cyberbullying and Cyberthreats." You can Google it.)

My daughter does not currently have a facebook account. We deleted her account back in May when I saw that she was receiving (and most likely sending) hateful messages from this now ex-friend. I have apologized to the father but they have refused an apology from my child.

 

[Antigone*]

My daughter does not currently have a facebook account. We deleted her account back in May when I saw that she was receiving (and most likely sending) hateful messages from this now ex-friend. I have apologized to the father but they have refused an apology from my child.

It looks like you've taken the necessary steps to correct the matter to the best of your ability. If these folks refuse an apology from your daughter, then my suggestion is that you leave it alone.

The resource Quincy gave you is excellent and can provide for some quality teaching moments between you and your daughter.

Take care

 

[Ohiogal]

My daughter does not currently have a facebook account. We deleted her account back in May when I saw that she was receiving (and most likely sending) hateful messages from this now ex-friend. I have apologized to the father but they have refused an apology from my child.

You never answered the question -- what EXACTLY did your daughter state to the boy while pretending to be her ex-friend?

 

[quincy]

Jennifer, it sounds as if you are doing everything you can, as Wirelessany1 said, to remedy the matter outside a courtroom. I applaud you for that.

It is too bad that the father will not accept an apology, or allow his daughter to accept an apology, from your daughter, as that is the best and most reasonable solution to this matter. Neither girl sounds entirely blameless, if hateful messages were exchanged back and forth, and both need an education on proper computer use.

I do not believe the friend's father is doing his daughter any favors by exploring legal avenues, when an open discussion between all of you about the harms that come from cyberbullying would be far more beneficial.

Good luck.

 

[CdwJava]

Plus, the legal avenues will likely come to nothing anyway. Unless kiddy porn was exchanged, it is very likely that the police will write a short report and file it. This is not something that the state is going to see a huge need in expending vast sums of limited cash to pursue.

I am a father of teens ... they do stupid stuff. They "borrow" each other's cell phones and text messages to others all the time, and if a kid leaves his or her MySpace account open, they'll hop on while the owner is in another room and start chatting as the holder of the account. If embarrassment and this sort of thing were pursued criminally with any frequency, the state would have to hire more prosecutors.

- Carl

 

[quincy]

I agree, Carl.

It sometimes amazes me how well teens survive the colossal stupidity of their teenhoods to become such bright adults.