A teen has sued his mother for harassment after she logged into his Facebook account and changed content. He also claims she’s made "slanderous" comments about him in Facebook as well. It’s important to note that this 16-year-old lives with his grandmother and not his mother, and that he appears to be old enough to drive in his home state of Arkansas.
His mother says,
"You’re within your legal rights to monitor your child and to have a conversation with your child on Facebook whether it’s his account, or your account or whoever’s account."
There are a lot of unanswered questions in spite of many reports about this story. What did the teen feel was "slanderous"? Does the mother have custodial rights? Where was the grandmother in all of this hubbub — is she out of touch with technology? What are the state’s laws regarding age of independence? And what exactly did the state’s prosecutors see which encouraged them to take up the case?
I talked this morning with my own 16-year-old about this situation; how would she feel if I’d "hacked" her Facebook page and changed content or wrote on her page? She was puzzled; she said she couldn’t imagine me changing anything on her page let alone logging into her site.
But there’s a reason for this: my kid’s been coached since she was old enough to hold a mouse and bang on a keyboard that protecting one’s privacy is paramount on the internet. We didn’t allow private email accounts until she was a teen in middle school, and instant messaging was occasionally supervised. She was only allowed to open a Facebook page after a year’s worth of coaching about privacy controls and online bullying along with sharing lots of examples online; we also talked frequently about the nature of the internet. Once published, content is out there forever, and anything she said could be misconstrued and used against her. And I wouldn’t be able to protect her from the consequences once she began to use social media. She’d be taking a very big step toward her own independence without her mom holding her hand.
In spite of all the precautions and coaching, kids will still blow off parents and ignore pointed warnings. It was a mixed blessing that within 24 hours of creating her Facebook page, my kid was harassed unmercifully by a so-called friend — someone she thought was a friend in real life — to the point where she had to unfriend and block other communications from them. I couldn’t have made my case any better about the dangers of social media if I’d paid the obnoxious bully to do it for me.
Since then we’ve had no further drama with social media. There’s the occasional outburst of excessive texting by someone in her circle, or someone else becoming non-responsive, but these temporary situations generally mirror something else going on in the face-to-face world. The non-responsive person might have a new boyfriend/girlfriend, for example, and is hyper-focused on that new relationship instead of their friends. This happens in the unwired world as well as in the internet-mediated world, so not a surprise.
It still hurts to see your kid dealing with some very ugly truths, even after you’ve coached them about the ways of the world. It’s one thing to explain that some people are only fair-weather friends and what that means, but quite another to see it played out in the form of rabid bullying online. There’s only so much we can do as parents. At some point our kids are going to have to learn the hard way, just as we did.
I’m torn about the Arkansas mother in this case; I don’t know all the details and can’t say whether the mother was right to be concerned to the point where she felt she had to intervene. What little I’ve read so far, though, tells me that her teen didn’t receive adequate coaching about his personal information or the way social media and the internet work.
Much more importantly, she lost parental influence her son years ago if he actually drove 95 miles an hour because of anger and frustration over a girl, as he reportedly wrote in his Facebook page. His privacy might have been breached and his mom might have abused his confidence, but this kid is out of control and a danger to himself and to others in real life. This didn’t happen overnight, or because he’s writing about it on a Facebook page.
And authorities in Arkansas may have their priorities a little skewed if they missed the forest for the trees in this case. Doesn’t it seem odd there is no concern reported on the part of state prosecutors that a 16-year-old boy who lived with a grandparent may have been driving at dangerously high speeds?
What about you — what do you think about this case? Share your two cents in comments.



42 Comments







My thoughts? If I wanted to monitor my childs online activities, I would receive consent, should any discipline issues arise out of said activity they would be dealt with offline and finally I would never drag third parties ( my son’s friends ) into any interactions.
My thoughts on the mother? I hope she gets charged. As a parent I do not have the right to act in a dishonest and illegal manner. I have the right to use parenting skills and the relationship i’ve built up with my child in order to ensure that they are safe.
If your child’s content is published online in a public forum, do you have to ask to monitor it?
If you are the custodial parent of an underage child, is it really illegal to retain control of their public information when they may not be of legal age to affirm a contract?
In my home state, minors cannot be held responsible for a contract they’ve signed; it’s fuzzy whether a contract can be vacated if they are 17 years old, but a contract with a 16-year-old isn’t binding. Which means any contracts with social media firms like Facebook may not be legal if not affirmed with a parent.
From the article, it sounds like what she did was way out of line. He left his Facebook account logged in on her computer, so she snooped around, not something out of parental bounds I don’t think. But when she started posting things, and changed his password, that’s when she went overboard. I don’t know if I’d call that hacking, since he logged into Facebook on her computer, and never logged out, but what she did was definitely malicious.
Was it malicious? We don’t know what was written, we only know that it’s been reported that he posted he’d driven 95 mph because of a girl.
We know there were exchanges between her and guests/friends at his Facebook page, but we don’t know what was said. What if there’d been further encouragement from guests/friends for this minor to do illegal stuff, like drugs or driving at speeds well over the speed limit? Would telling these people to buzz off be malicious? Wouldn’t you have to show negative intent?
Drugs or other illegal stuff fine but it does defeat the purpose if the Mom changes the Facebook password that tells the kid Mom is spying and stops her from finding out more later.
Driving 95 is probably not the worse thing this kid will do the mom needs to save her ammo for big game.
The legality of this is interesting does a teen with a locked diary have privacy from his/her mom?
Tactically though I think the Mom was to Obvious.
I don’t think the mom has parental rights. Seems Granny does.
Ok that makes the legal aspect interesting and beyond me. Still if the contract with facebook is not valid because the child is underage then maybe the issue is moot?
It was malicious, in that she altered his account information, posted things on his account, and changed his password. If all she did is look, no harm really. Unfortunately for her, she chose to do as she pleased. She could just as easily have made a note of who his friends were on Facebook, and tried to contact them through her own account, if she was really all that interested in talking to them.
Maybe. Which makes her an a**hole at worst. But not actionable.
Unless we want the state courts to dictate Internet policing of private residences.
Changing the password – that’s malicious. (Because it wasn’t her account and it wasn’t her password.)
I’m curious as to why she’s not his custodial parent.
We don’t know that the mother isn’t the custodial parent. The articles I’ve read so far only say he’s living with his grandmother. For all we know they don’t live in the same town because of work issues — kid could be staying in a school district and living with grandma while mom works in a different town. One article I read said that he’d logged into his mom’s computer at her house; was he visiting? Has he been a problem and difficult at home, moved in with grandmom because he’s become unmanageable?
Nor do we know anything about a father figure at all — never mentioned in any article.
Ever been the parent of a teen? Single parent of a teen? A teen with anger issues that could be from any one of a million sources?
Or, a controlling mother who has her own issues and thinks everything you’re doing is wrong, and she could do better?
My guess is the mother/son separation is far more complicated than we will ever know…could even be a dad who alienated the boy. They didn’t say which grandmother….maternal or paternal.
Oh blargh. My 28 year old wingnut son just sent me a youtube of goodhair’s speech to the Rs. 21 minutes I’ll never get back. Children can be jerks of the nth degree. Have no idea what the pros & cons are in the instance of this post: too much unknown. But inclined to condemn the stupid kid, just because I’m so pissed at my son. I don’t send him provocative emails.
Be patient. He’s still rebelling.
I could care less & told him so. Words of one syllable, simple declarative sentences.
No man is grown while his father is still alive ( no clue who said that) maybe your son sees you as a
fatherAuthority figure he must surpass before he considers himself grown?His father committed suicide when he was 5-1/2. No excuses there. And if I am his powerful-parent-syndrome, god help him, he is truly the weakest of the weak.
Didn’t even Zeus have to slay his father before he became a Man/God? My dad argued with his father and decades later after he was dead he told me his Dad was right about a bunch of stuff.
Waaay too deep for me.
Family conflict can produce greatness, happiness comes too if it gets resolved.
I’m staying with my Brother in Portland (trying to rent the condo) he’s defending Obama’s healthcare plan as a Victory and the best deal Obama could get. He belongs at Koz. Still I do like arguing:)
Well, your argument is a lot more advanced than mine.
Hard to comment about whether or not she was malicious without knowing what the mother wrote. There is a fine line. Children can post alot of stupid stuff on these social networking sites. I monitor my kids very closely. Since it is my computer, in my house, I will choose if they log on or not. That’s how it will be until they are old enough to move and pay their own bills.
Who lives under who’s roof?
I agree with the above comments. Changing the password was LEAPING over the line.
On rereading, sounds like a completely fu’d family, on whom we should withhold all judgments until all evidence is in. Not only my own troubled relationship with my own son, but also other relationships I’ve known where parents have been in battles for which they are ill-equipped.
Well, my four years now straight A fourteen year-old told me her thoughts, and they were not kind to the mother. Given that, I have also made it clear to her that if I have reason to do so, I will look at her computer, never mind her texts. Seems to me, exercising that option if needs be is part of the responsibility of being a parent.
Why would anyone want a Facebook account in the first place? Really? What is the upside?
Son has no case. Wouldn’t matter what age he was or even whether they were related. Unless the mom hacked into his account, there is no legal claim to the privacy of your facebook password. It’s your password, your responsibility. Can’t see how the appropriateness of the mom or son’s behavior is relevant in court. What law was broken or challenged. Did the mom break in to the son’s residence to steal the password. Was the son planning or covering up a felony.
A Mom’s job is to bring her teen down when he flies at (95mph ) to high I think words even online words are better than a belt.
When blogging first started I went to a corp seminar about it. The guy up front was talking about how great it was and the ways that it would transform the world. A grizzled old PR guy in the back said, ‘What’s to stop some company from giving 100 bucks to a bunch of bloggers so they say good things about your product?”
The guy up front said, “Nothing. But the rest of the consumers are probably smart enough to know that they are paid.”
(I laughed to myself.)
Later I was coaching some execs on messaging and the media when one of them asked about blogging. I told him how competitive intelligence groups comb the blogs of known employees to gather information about your products, shipping dates and even financial results each quarter. He was shocked. “Do MY employees do that? I don’t read blogs and none of the people I hang out with do.” (Meaning the other CEOs he golfs with)
I explained that unless he had some sort of education for employees they would be out there talking about their company their products and their finances.
He assumed that his employees would know what not to talk about but I explained to him that not everyone understands how everything is archived on the internet and, in poor configured intranets, outsiders might even find stuff that was posted internally.
His first impulse was to shut everything down, but I convinced him that with some education it could be managed. To prove the power of data to persist on the internet I showed him something that I had written in 1987 that was archived on a server in another country.
Because I had worked with email since the 1980s I learned that everything you say on the internet can come back to you.
Exactly — everything we write on the internet can be recalled permanently. We don’t own it any longer, either, if it’s in control of a corporation like Facebook. They may say they don’t own the content, but as long as the bytes are on their media, they’re in control, it’s their baby.
So Mom isn’t happy about her son telling the world he’s done something illegal, like driving 95 mph because of a girl. What if she was worried about a job prospect he might have in the near future? At what point are her concerns and rights as a parent to be ignored? So far there’s a consensus here in thread that a teen’s right to privacy in a corporate-owned media outlet over publicly-published content is greater than that of a parent (about whom we don’t know the status of custodial rights).
I’m a consultant who does internet-mediated research on products and people, and I Google. I use Dogpile. Occasionally I’ll even Bing. What I find ends up in reports for which people pay me handsomely. And the reports I prepare become somebody else’s property; who knows what they do with it, and for how long?
I don’t spy on my kids, but my kids know exactly how the internet works because they know and understand what their mother does for a living. I’m open about it for their own benefit. They know that if somebody asked for background on an individual, I’d use every resource publicly available, and that includes Facebook, and if somebody asked me about published risk factors like driving irresponsibly, well…
Be careful what you post. As Ford Motor Co. Social Media guru Scott Monty said, “Whatever happens in Vegas…stays on Google.”
Forever.
Excellent quote!
And your kids are lucky to know what you know. My brother’s kid is pretty wild and talked about it on one of her social networking sites. Another relative found it and made sure that she got the message that it wasn’t smart to do that. She kept posting so another relative made sure the school knew since the incidents involved other students and could have been dangerous. There was a lot of discussion about what to do, but the kids needed to know not only that their behavior was dangerous but them talking about illegal and dangerous behavior on the internet could have long term ramifications.
Rayne,
Forever is right. My kids are ten years older than yours but sound very much like them, but with work experience. And it is they who school me on social networks. I can’t tell you how much I admire your writing.
I am constantly astonished by the parents who don’t seem to realize that their children are putting them in danger when they are allowed to have unsupervised posting rights on the internet. When my kids were teens, you can bet they had nothing password protected that I didn’t have the password for, the computer was in a common area of the house where there was no privacy, and I would have dared anyone to tell me I couldn’t protect myself from careless behavior the teens who I gave birth to might inflict on the family.
If the teen is suing the mother, that is a civil case. If the State of Arkansas is prosecuting (or preparing to prosecute) the mother, that is a criminal case.
I am wondering if there is more detail about this story in the Arkansas newspapers.
Found the story on arkansasonline.com The teenager lives with his grandmother, who is the custodial guardian. The teen filed a criminal complaint against his mother. The Arkansas prosecutor has charged the mother with harassment.
Mayfly, any chance you can muster the actual link to the article?
We still don’t know why grandma has custody, or why grandma has checked out in a way which permits the 16-year-old grandson to drive like a maniac.
Rayne,
I think your comment about the grandmother “checking out” is a bit harsh. There was some stuff I did as a 16-17 that was wild and reckless. My parents never did find out, and I certainly would not call then “checked out” with regards to my care.
Also, kids do dumb things. Adults too.
As others have said, the mother crossed a line. She was reckless; just as it was pointed out, things on the internet have a very long shelf life (although I would argue not forever) and the things she posted could come back and cuase issues for the child. So yes, she was reckless.
Sorry, I have a 16-year-old here at home. If she’s got the car keys you can bet your hind end I know what’s going on behind the wheel.
I also have a friend with a 14-year-old son; her well-intentioned parents bought him a cell phone so that grandson would call them more often (they live in the same town only 2 miles apart, mind you). He sent 400 text messages to his friends inside the first 18-hour period after he got the phone. The grandparents were clueless about the texting or costs, and the mother had set no ground rules. The grandparents had also given him the phone without asking the mother first if it was okay.
Now imagine the same kid with a car from grammy and gramps instead of a cellphone (or God help us all, with a car AND a cellphone). Would it be harsh to to say they were “checking out” if this kid was driving 95 mph under similar circumstances?
Hope you and your family aren’t on the road while this 16-year-old Arkansan is driving. Much bigger problem than me being soooo mean to the clueless granny.
As for the “reckless” bit about the mother in this case: you’re making reckless assumptions as to what she actually wrote/deleted in the kid’s Facebook page. We haven’t seen the details yet.
LOL – ever see the Dateline episodes where they put cameras inside the cars of teens who the parents believed they knew exactly what they were doing behind the wheel.