Facebook & Derogatory Remarks/Cease and Desist?

[Zigner]

This has been a thought.

My question... how can I punish them for something they do at dad's house? Dad's house, dad's rules, right?

Then can I punish them for staying up late over there? For eating a bunch of junk food and not brushing their teeth?

If it were happening at a friend's house, I could just say they were no longer allowed over there... but this is dad's house.

Perhaps your order needs to be clear that the parents are not allowed to encourage the children to break the law. (One would think that goes without saying...)

 

[mistoffolees]

Perhaps your order needs to be clear that the parents are not allowed to encourage the children to break the law. (One would think that goes without saying...)

And their parents have the power to shut it down. Mom could also ground her lying brats for making new accounts and being on the internet site when they are NOT old enough, are not following the computer rules and are disobeying her. Dad cannot allow them to do something against the law.

I do not believe that simply having a Facebook account for someone under 13 is against the law. It is a violation of FB's terms of service, but not illegal.

 

[Zigner]

I do not believe that simply having a Facebook account for someone under 13 is against the law. It is a violation of FB's terms of service, but not illegal.

Accessing a computer network that you are not authorized to access is against the law.

 

[breezymom]

U.S. Proposes Law To Protect Kids On Facebook

There is no law...yet...on facebook age limitations, it seems, however...I, personally would forbid and ground my child for using it, regardless of whose house it's at if I found out and I will tell you that parents have a way of finding this out, be it from other parents of their children's friends, or what have you. It really sounds like the kids are playing mom and dad against one another in this instance. As far as the derogatory comments...the adults should not talk about it in front of the kids, so if they are not allowed on FB, then the chances of them reading these are much smaller. With word of mouth, the comments may still get back to the kids, but at least you will be doing your job to try and prevent it.

 

[Zigner]

There is no law...yet...

Wrong:

5-41-203.Unlawful interference with access to computers — Unlawful use or access to computers.

(a)(1)A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network.

(2)Unlawful interference with access to computers is a Class A misdemeanor.



(b)(1)A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service.

(2)Unlawful use or access to computers is a Class A misdemeanor.

 

[CourtClerk]

I'm surprised that TiredinCali's judge allowed an underage child to have a fb account, especially knowing the statute. I'd be very curious to know what county and what judge that was...

because every FL judge I know will order the fb page to be taken down... or else.

 

[TiredinCali]

I'm surprised that TiredinCali's judge allowed an underage child to have a fb account, especially knowing the statute. I'd be very curious to know what county and what judge that was...

because every FL judge I know will order the fb page to be taken down... or else.

Riverside County, CA......My daughter wasnt posting anything provocative or derogatory, it was due to my ex wanting complete control over her FB account, which I already had, but he didnt also have access to. Even though HE created her account to begin with! My daughter is 13 going to be 14.

 

[breezymom]

Wrong:

5-41-203.Unlawful interference with access to computers — Unlawful use or access to computers.

(a)(1)A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network.

(2)Unlawful interference with access to computers is a Class A misdemeanor.



(b)(1)A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service.

(2)Unlawful use or access to computers is a Class A misdemeanor.

My apologies. I went looking for a specific law dealing with FB and that is all I found.

 

[mistoffolees]

Wrong:

5-41-203.Unlawful interference with access to computers — Unlawful use or access to computers.

(a)(1)A person commits unlawful interference with access to computers if the person knowingly and without authorization interferes with, denies, or causes the denial of access to or use of a computer, system, or network to a person who has the duty and right to use the computer, system, or network.

(2)Unlawful interference with access to computers is a Class A misdemeanor.



(b)(1)A person commits unlawful use or access to computers if the person knowingly and without authorization uses, causes the use of, accesses, attempts to gain access to, or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service, or information service.

(2)Unlawful use or access to computers is a Class A misdemeanor.

Good luck ever getting a 12 year old prosecuted for accessing Facebook under that statute.

 

[Zigner]

Good luck ever getting a 12 year old prosecuted for accessing Facebook under that statute.

You can't seriously be proposing that the only laws we should follow are the ones we might get in trouble for breaking.

 

[LdiJ]

You can't seriously be proposing that the only laws we should follow are the ones we might get in trouble for breaking.

To be honest, I am not at all sure that the cited statute actually pertains to what we are talking about. I think it pertains to hacking.

Facebook's rule about what age you have to be is a TOS. Many sites have TOS's and if you violate those, you are not committing a crime but the site owners are free to ban you. The admin here cannot get one of us arrested for accidentally dropping the f-bomb, but she can certainly ban us.

I cannot see how a Facebook TOS violation could translate into hacking any more than any violation of any TOS on any website.

 

[mistoffolees]

To be honest, I am not at all sure that the cited statute actually pertains to what we are talking about. I think it pertains to hacking.

Exactly. Accessing a public internet site is not covered by that law.

 

[BL]

Exactly. Accessing a public internet site is not covered by that law.

Type report under HELP .

How do I report a child under the age of 13?
Facebook requires individuals to be at least 13 years old before they can create an account. In som...
Facebook requires individuals to be at least 13 years old before they can create an account. In some jurisdictions, the age limit may be higher. Providing false information to create an account is always a violation of our Statement of Rights and Responsibilities. This includes accounts registered on the behalf of under 13 year old children by older parties.

If your underage child (child under the age of 13) has created an account on Facebook, you can show them how to delete their account by having them log into their account and following this link.

If you would like to report an account registered for an underage child to us, please do so here. We will promptly delete the account of any child under the age of 13 that is reported to us through this form.

 

[frylover]

So they connect with their dad via FB while at HIS house?

Since this thread has veered away from the OP's question into everything from accusing her and her children of being criminals to debating whether violating FB policy is a punishable crime in the eyes of the law....I just had to share this.

I had changed my profile pic to a shot of my two daughters hugging and looking like they actually LIKED each other. My older one FB'd me (13, and "legal) from down the hall and asked how to make it her pic, too. I told her, then said, 'You DO know I'm right down the hall, right?"

 

[Zigner]

To be honest, I am not at all sure that the cited statute actually pertains to what we are talking about. I think it pertains to hacking.

The cited statute is clear. If one is not AUTHORIZED to access the NETWORK (ie: Facebook's NETWORK) then one has violated the statute.

I understand that there is no realistic chance that FB is going to press the issue or that the "authorities" are going to press the issue, but the fact remains. It is against the law.