In loco parentis or just plain loco? Illinois schools can now demand students' Facebook passwords.

[unrepentant progress]

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."

More: http://www.cnet.com/uk/news/new-illinois-law-allows-schools-to-demand-students-facebook-passwords

[sharp_stick]

1. I'm sure no kids

would ever consider setting up a fake Facebook account.
1) Crazy Johnnie and his wildly druken sexcapades
as opposed to
2) Johnnie volunteer and alterboy.

[unrepentant progress]

2. It's not just their Facebook passwords

They can demand any social media passwords.

[closeupready]

3. I'd defy it, and take them to court.

No way would I consent to this. Punitive damages would be the frosting on the cake, if successful.

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.

[Agony]

4. What are they going to do if they refuse? Waterboard 'em?

that'll be next the way this is going...

[Sherman A1]

5. I would

under no circumstances surrender a password to anyone. There is too much chance of an account being hacked or an identity stolen.

[TheKentuckian]

6. See ya in court, authoritarian scum.

You know how to make out the check and thanks for tackling that college tuition for us.

[TheBlackAdder]

7. The EFF and I would be in court faster than you could say "There goes our property taxes now!" nt

[unrepentant progress]

11. Oh, I certainly hope the EFF or somebody similar sues Illinois over this

[hunter]

8. Or what? They torture them?

[Terra Alta]

9. I don't see how this is even legal.

I have no problem with parents having the passwords to their teenagers' social media account, but school authorities need to keep their noses out of it.

Also, who would be in trouble for not cooperating? The parents, the student, or both? And what, exactly, would they be charged with? I wish them luck in court, because I don't see how it would hold up.

[unrepentant progress]

10. Neither do I

Law enforcement can get Facebook (or Twitter, or whatever) to turn over your posts without your knowledge, but it generally requires a warrant (or FISA request). Schools aren't law enforcement though.

[tabbycat31]

12. That violates terms of service

Not that I have read any of those lately, but most websites have a TOS agreement and one of the clauses in it is not sharing passwords (I'm sure DU has something similar).

I've heard of employers doing this too. One of these days it's going to head to the Supreme Court.

[pipi_k]

19. Not sharing passwords

Not that I have read any of those lately, but most websites have a TOS agreement and one of the clauses in it is not sharing passwords (I'm sure DU has something similar).

I'm pretty sure what that means is that people are not supposed to give their passwords to someone else in order that the other person can use that account.

[mopinko]

13. latest fb/fox rumor. not true.

actual act-
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0801

[unrepentant progress]

14. You are incorrect. This is not a rumor.

However it may be individual schools over-reaching. Here is more info.

The memo is very similar to a "model letter" put out by the Illinois Principals Association, and parents around the state are presumably receiving this letter.

Nowhere in the law does it explicitly state that schools are allowed to ask for students' passwords, but one section of it says that schools must implement a policy that includes a "process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction." The cybersecurity law, when ​combined with one that went into effect last year specifically governing social media, may have spurred these letters.

That law states that elementary and secondary schools must notify parents if they plan to ask for a password, and that it can be asked for if a student violates policy. The cyberbullying law codifies the idea that Facebook harassment is a violation of code policy, which is why you see these letters popping up.

Leigh Lewis, superintendent of the Triad district, told me that if a student refuses to cooperate, the district could presumably press criminal charges.

More: http://motherboard.vice.com/read/illinois-says-students-have-to-give-up-facebook-passwords-or-face-prosecution

And here's the model letter from the Illinois Principals Association website.

School authorities may require a student or his or her parent or guardian to provide a password or other related account information in order to gain access to the student's 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 website contains evidence that a student has violated a school disciplinary rule or procedure.

More: http://www.ilprincipals.org/model-student-handbook/chapter-6-discipline-and-conduct/6.70-e1-letter-to-parents-guardians-regarding-access-to-student-social-networking-passwords-and-websites

[mopinko]

15. bullies. not any kid, but a kid whose social media is being used to bully.

iow, accused of a crime.
not any kid.

[LibertyLover]

16. If my daughter brought home a letter like that

I would send back a one word response, on a nice note card of course, that simply read "No."

[Glengoolie]

17. Absolutely not...

This is where the abdication of parental responsibility leads us...

[bhikkhu]

18. Facebook is already too full of parents, most kids know that

(at least according to mine). Now if they asked for the tumbler accounts...that might be trouble!