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Is A Fake Facebook Profile Illegal?
from the down-in-the-legal-weeds dept
Remember the guy who was arrested and sent to jail for creating a fake Facebook profile of a Moroccan prince? While it's unlikely that anyone will land in jail, more such disputes have been ending up in the courtroom. It seems to be most popular in high schools, where teachers and administrators are suing students for setting up fake profiles of them. It's not difficult to see why these adults are upset -- as the profiles are usually quite unflattering. But, it's an open question as to whether or not the profiles are illegal. Even more to the point, Facebook has a clear policy that it will delete fake profiles when it becomes aware of them, so it seems like quite a bit of overkill for teachers to sue students rather than just having Facebook take down the profiles.
Reader Comments
(Flattened / Threaded)
And so many teachers wonder why students have utterly no respect for them...
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Re:
When you grow up and understand the goals of education - you will eat your words!
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And so many teachers wonder why students have utterly no respect for them...
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Um... it sounds like to me that this could fall in the fruad catagory... [wikipedia.org]
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Re:
I seriously doubt you could consider such a thing to be fraud. Is it fraud that my name isn't jonnyq? Is it fraud to put a fake in the "real name" fields of a forum profile?
However, it could fall under criminal impersonation (unlikely still, but closer than fraud) or just plain defamation. Calling someone names isn't really defamatory, but putting words in someone else's mouth might be considered defamatory.
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Re:
it can't fall under fraud because there is no criminal intent. If someone creates a fake profile and no harm has been done, no defamation of character, no stealing of personal ID such as b-date, social insurance numbers, banking etc, how can it be constituted as fraud? is it stupid and childish YES! fraud NO. If I was to create a profile using someone elses name to gain finances or personal info for financial gain then yes, to see if your boyfriend or girlfriend would cheat on you...NO.
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Re:
It isn't fraud at all! The only reason it would be fraud is if you were using it for personal gain ie: money or to damage another persons identity. Other than than no one is going to tak etou to court if you make a fake profile purely for fun or from a fan point of view. The worst thing that will happen is that you will be banned!
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I don't think it should be illegal. I know for a fact that people manage other people's profiles~sort of acting like a publicist on facebook. But when teachers are masquerading as children, now that is plan weird and unnerving.
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Re:
Yes but those publicists have permission of the actual person, they are paid by them for christsake!
As for teachers masquerading as children, I think you read the article wrong...
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no legs to stand
Sounds like these "educators" working in the public sector need to be aware that satire and parody is protected speech even if it is unflattering.
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Re: no legs to stand
A satire or parody is when everyone KNOWS its satire or parody.
If someone tries to tell the world they are you, and presents wrong, slanderous information, that is "defamation of character".
People forget that the true meaning of "freedom of speech" was intended to protect a person's right to tell the TRUTH. Keep track of that word. TRUTH.
Here's an example...
GOOD (protected by amendments).
"I am Bill and in my opinion, D is a fag."
BAD (slanderous and unprotected).
Bill saying: "I am D and a fag."
The difference is night and day.
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Re: Re: no legs to stand
You are exactly right.
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Meh...
The articles talks about several cases where fake profiles were set up. Some of the profiles sounded like a simple parody, others were much more serious, including names, real contact information, and explicit sexual information (which may or may not have been true).
In the case of a simple parody site I don't see the problem, and it's probably protected by free speech. But I think that in cases where you're making very serious allegations and providing information that random strangers can use to contact the target then you've probably crossed a line. I think that you're essentially inviting someone to contact the target, or at least intending that someone do so. That probably rises to the level of harassment, which probably should be prevented and/or punished.
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IANAL but I suspect that the creation of the profile is not illegal. On the other hand the content of the profile could be illegal (i.e. libel, slander or whatever the correct term is)
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Slander
This appears to be quite slanderous. Although the definition of slander reads "Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community."
And if its over the radio or TV its "...over the radio or on TV -- it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience."
This type of activity should be regulated to protect the development and acceptence of Social Networking.
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Re: Slander
You misunderstand slander and libel. Slander IS word of mouth, true but libel is typically written word. Slander can be over the TV/radio but libel will be over tabloids or the like.
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Re: Slander
Close. You're thinking of Libel rather than slander. Libel is written.
(I hope I'm getting the spelling right)
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It's unlikely this is illegal, unless the creation of the fake profile is in conjunction with another crime - e.g., fraud. But, there is a common law civil action called "false light" that would likely cover this sort of action. Still, asking Facebook to remove the profile seems to be a simpler and less obnoxious means to remedy the situation.
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Defamation of character.
Need I say more?
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Re:
Please don't say more...your wrong. Look up what that means, then say more.
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This is the Information Age ... technology is rapidly changing and there has to be some type of regulation. For an example, one can not simply go out and curse out their teacher face to face, but on face book they can?? (I think people should keep there private thoughts/lives seperate before more insane laws come to pass)
Where will this eventually lead us? As a country?
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Re:
Umm, you can. If I see a teacher on the sidewalk, I am perfectly at liberty to curse them until I am blue in the face. They are at liberty to curse right back. That is called free speech.
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You missed the positive note on this story, the one that most people seem to always forget, on every other post here. They are at least suing the responsible party, the students and not Facebook.
Still overkill, but they at least know who to blame, and are not just lashing out at the company with the deep pockets.
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Faking fakers
What I think would be awesome is if one of these spoofed teachers hacked the fake profile and started posting what they really thought about their students. Perfect "crime."
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Teachers should get on Facebook
Instead of letting the students have the opportunity to create fake profiles, why not have the teachers create profiles for themselves? That way, teachers will be protected against fake profiles (The fakes will be obviously identifiable) while at the same time helping build positive relationships with the students.
Suing students is not a solution, it only creates more problems.
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if it's found illegal, think of the rammifications!
Think of all the people who have profiles that are not their own such as (insert celebrity's name)'s myspace page....in fact, if thats the case, this would open up new lawsuits in a messy legal area.
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Loophole!?
So that's how i get my profile deleted, just report it as fake.
Sweet
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Considering how hard it is to get a profile and personal data deleted from Facebook, it almost seems best to inform them of the "fake" page to get your own page deleted properly.
Fucking assholes.
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Unique Analysis of Cases
Some people are taking too narrow a look at the issue, some people are taking too broad a look. Please remember people, generallizations are generally right and generally wrong.
Many of you have hit near the nail, but noone can know if you hit the head until you talk about the specifics of an individual instance.
Rhetorical Questions like "Need I say more?" are actually frivilous, because when you are talking about if something is illegal, then it all depends on the specifics. So yes, you do need to say more.
In terms of the law, a fake Facebook page itself is not illegal, but it can be a tool used to break the law. A hammer itself is not illegal, but the use of a hammer to murder someone is. A false facebook profile (or any profile for that matter) can be used to commit a crime.
Fraud, Lible, Defamation, etc. are all crimes that can be committed with a facebook profile, but the act of having a false profile itself is not illegal, (just against the terms in the contract you sign with facebook when you create the profile).
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isn't this anothter form of identity theft?
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Interesting
I don't understand how some people support these kids in embarrassing and otherwise causing grief to these teachers? I say sue the little punks for libel. Money seems to be the only way to reach kids these days.
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Re: Interesting
i saw you having sex with a giraffe and your daughter...awesome...
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Good Point! Uday Shankar
Having a Certified Teacher Profile icons could solve these types of problems. In their profiles they could also explain their teaching styles.
This could add a few hundred thousand additional profiles to Facebooks bottom-line.
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its called proxy
remember kids when destroying your hated teachers use a proxy...that way you dont get in trouble....otherwise its like keying their cars and standing there with the key with the paint on it...also COPY and PASTE are your friends as are POST bots...have fun!!!!
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CYBER-TERROR ALERT
According to the Law.com article:
.......................................................
DANGER . DANGER... RED ALERT... DANGER... RED-WHITE-BLUE ALERT.
AL-QAEDA CYBER-TERRORISTS are deploying fake MySpace profiles on teh INTERWEBTUBES to DESTROY AMERICAN SCHOOLS.
RED-WHITE-BLUE CYBER-TERROR ALERT.
.......................................................
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missed point
If someone libels, it's insufficient for the content to be removed from the site because damage may already have been done and the victim should be compensated and/or the perp punished. It's up to the victim to pursue it but if they're not allowed to, it's like telling jerks it's perfectly fine to defame people because there aren't any consequences.
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it's not illegal, it's just troublesome.
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It's not parody
To the people who say it's parody. It's not parody. Parody is only parody if it's clear that it isn't real. These profiles are pretending to be real with all kinds of details, most of which is probably made up. If the kid put a notice that it is parody and not real, then he/she is fine, but if he actually pretends to be that person and acting as that person it's clearly illegal. Teachers/Staff can get sacked for having certain information about themselves available to the public - recently in Australia a teacher was fired for talking about her sex life in a magazine; she took the school to court and lost because "her actions were inappropriate for someone whose job it is to care for children." The kids make believe information can lead to a loss of employment.
I work at a school, not as a teacher but I do deal with students. If a student ever did to me, I'd sue them quick-smart without any hesitation.
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MySapce legal question
What about this scenario: A MySpace user writing damaging opinion about the principal of a boarding school-and those written attacks damage the enrollment of the school by sending misinformation/insults/etc into the rumor mill of the educational community that would typically send students to the school? What if the criticisms or slander of an individual results in injury to the business run by the individual? Can that be prosecuted? What about for the employees of the school who lost jobs because the reputation of their school leader has been so damaged that the school lost revenue through decline of enrollment over the on-going attacks on the principal?
Thanks!
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I have reported a few fake profiles of me MANY times to facebook now, I do not get any kind of acknowledgement or response, and they dont take any action.
Yeah, Facebook definitely act responsibly.
Not.
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sign up to take down?
Crapbook sez that to report a fake profile, you need to "login to your account", I don't have an account, so now I have to sign up to facebook just to get this jokers profile dropped
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Re: sign up to take down?
It wouldnt make a difference, they dont remove fake profiles even if you do have a facebook account!
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how do i delete a facebook account if im not a member of facebook? help!
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Facebook Refuses to Delete Fake Profiles
I agree with Emy that Facebook won't do anything. I too complained about fake celebrity and non-celebrity profiles that I know are fake. I contacted the guy in charge of Facebook, Mark Zuckerberg. He does nothing but forward your email to another department which also does nothing. Complain all you want to Facebook it'll do you no good! Even though Facebook's policy says they will delete the fakes the fact is Facebook won't delete any fake accounts. Don't believe me? Open a fake account. Then after a few months use your real account, tell Facebook the other account is fake(DON'T TELL THEM IT'S YOURS)and you'll notice Facebook allows the fake profiles to stay.
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Facebook Refuses to Delete Fake Profiles
I agree with Emy that Facebook won't do anything. I too complained about fake celebrity and non-celebrity profiles that I know are fake. I contacted the guy in charge of Facebook, Mark Zuckerberg. He does nothing but forward your email to another department which also does nothing. Complain all you want to Facebook it'll do you no good! Even though Facebook's policy says they will delete the fakes the fact is Facebook won't delete any fake accounts. Don't believe me? Open a fake account. Then after a few months use your real account, tell Facebook the other account is fake(DON'T TELL THEM IT'S YOURS)and you'll notice Facebook allows the fake profiles to stay.
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Fake Facebook Profiles
Fake Facebook Profiles are one of the most annoying and even dangerous issues that facebookers (facebook users) face, and one of the most challenging problems for the facebook admins, so efforts to eliminate such profiles are set to the max! So here are some tips to guide you detect fake facebook profiles!
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best affiliate programs
everybody knows that but you can stop it?
best affiliate programs
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It should be illegal, and Im pretty sure something can be done about it, to create a fake facebook profile in someone elses name. It is psychotic, and the same as impostering as someone other than yourself, especially when leading other people to beleive it is you. People who are mature and respectful individuals will only understand.
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As a model point of view.
As a model & actress's point of view, I believe making a fake profile SHOULD be illegal. It's a form of identity theft. Anyone could make a profile of me, talk some crap to people, I could be blamed because I'm in the public eye. I know that the average person doesn't have to deal with media.. And it's not as serious as it is to me.
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I think only late last year did they start deleting fake profiles. Over the past week, I have reported fake profiles from a facebook game room. I think i must have reported over 20 fake profiles so far and about 75% of them have disappeared. I know theyve been deleted because in the game room there is a list which lists the top 100 players with the most points, they've disappeared from the list after I reported them!
Its quite a shame really because these people wtih fake profiles have spent almost a year building up over a billion points and then I anonymously come along and report them and they get their account deleted and POW all billion points gone forever! HAHA. serves them right for creating fake profiles to cheat.
Heres the form to report fake profile:
http://www.facebook.com/help/contact.php?show_form=fake_profile
heres the form to report imposter profile (someone pretending to be you):
http://www.facebook.com/help/contact.php?show_form=impostor_profile
heres the form to report someone who has created a business profile (facebook only allowed people not businesses!)
http://www.facebook.com/help/contact.php?show_form=business_account
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False profile solution
I have been working on this now for nearly a year, as a policy analyst and strategist I wanted to develop a system that allowed me and my clients to be sure who they were communicating with. The system is still a short time away but it creates total integrity for those who engage it, it does so far require that users take approximately 2-5 hours and complete some forms.
Once the user implements the system into their profiles it obligates websites to remove false profiles and block new users from creating profiles that use the same name.
I will be pleased when the system is complete and our team has adequate financing to implement it.
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theory vs practise
law is one thing. reality is another. you guys need to stop interpreting the law so literally. in theory, you need evidence, motive, and this and that, but in reality, it doesnt take cops much to be able to bring you in. i know this because i was arrested for making a fake facebook account. the cops basically will try to charge you with as much as they can, and hope that you will make a plea bargain with the da so that you will be jailed for at least something. it wont matter if its 1 month. at least they get a conviction. cops are like salesman, every item you sell earns you commission. if cops arent getting any convictions then the people will think, why do we need the cops. cops win each time they get a conviction because it shows they are doing something. it doesnt take much for a person to be arrested. you can make a fake profile of me, and i can say that because of that, i feared for my life, and then it turns into something else very easily. now i may not actually be fearing for my life, but i can say that, and that is enough for the cops to bring you in. of course it depends on the location, but regardless of where it is, the law does not necessarily have to be interpreted literally, and there is a lot of flexibility.
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True Dat homieeee
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Corporations Even Create Fake Proflies
Lately, staffing organizations have been using fake facebook profiles to pre-screen potential candidates. This further shows just how easy social engineering is on the internet.
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RE:WARNING
yes i argrea but facebook do not reply straight away and egnore emails and reports sent it about profiles, as i made a fake account of myx with a half naked pic and fogot the email because i signed up and llogged straight in uploaded the pic and logged out, i have now been threatend by the pc`s im only 15 i was just wondering how to get it off quicker or if the worst comes of it what to prepare for my email address is randomboyino@hotmail.co.uk if anyone has any help to offer cheers
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Facebook.
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Talking may be the key
I think the kids didn't really know what they were doing. They must have thought that as some kind of prank, when it's obviously a legal offense.
Maybe, if the teachers sue the kids, that would teach them a lesson, and then, maybe not. And who are these kids, anyway? Have they been so stupid as to reveal their names?
The best thing that can be done, in my opinion, is to talk about this in the school, so that a wannabe "faker" may think twice before doing something that he now nows is wrong. Or maybe I'm being too optimistic about the kids...
That said, it is really too easy to get a digital picture of somebody and then to create an account with it. Many will not agree, I'm sure, but I think that Facebook and similar "services" are so useless and potentially dangerous that they should be terminated altogether. If I know somebody, I can email him, or talk to him on the phone, or even face to face. And if I don't know him, reading a few lines, such as "I like jazz" or Chinese food, whatever", certainly does not teach me anything about him. So, what's the use of this Facebook thing to begin with?
Thanks for reading.
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fakes are just plain ANNOYING
I'm 16, from london. & i find it HIGHLY annoying that people get some sort of kick out of using another person photographs & saying 'Hey this is me :P aint i hot?'
I, myself have someone using my photos at this moment in time.
(facebook: Amelia Mclauren)
& tbh, it creeps me out & thats putting it mildly.
I think it should be illegal because it's sort of identity theft. & i also dont like the fact that she makes out that has a lot of 'sexual intercourse' with boys she hasn't even met. basically making me out to be a slapper :O lol
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Illegal facebook profiles
No, I don't believe fake FB profiles are illegal or should they be. Granted school kids are probably making teachers, etc angry when they create unflattering fake profiles to make them look bad I dont think they should sue, the only ones getting a laugh out of this is the kids. Surely the adults know better unless of course slanderous remarks are being made but even then, sue?
If anyone should sue and if anything should be illegal it should be debt collectors creating fake FB profiles in an effort to catch debtors. Go back nad it the old fashioned way like they did 30 yrs ago before the internet.
The debt collector who hired that woman to pretend to be Jenny Anderson should be sued.
Who knows what they are doing with any personal information she collected fro mthe debtors. She could be posting personal info all over the net and there is no regulation so these people can pretty much do whatever they want whether people like it or not. And who knows how that info is used or whose hands it will fall into.
No regulation equals illegalities and invasion of privacy on every level.
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Illegal facebook profiles
No, I don't believe fake FB profiles are illegal or should they be. Granted school kids are probably making teachers, etc angry when they create unflattering fake profiles to make them look bad I dont think they should sue, the only ones getting a laugh out of this is the kids. Surely the adults know better unless of course slanderous remarks are being made but even then, sue?
If anyone should sue and if anything should be illegal it should be debt collectors creating fake FB profiles in an effort to catch debtors. Go back nad it the old fashioned way like they did 30 yrs ago before the internet.
The debt collector who hired that woman to pretend to be Jenny Anderson should be sued.
Who knows what they are doing with any personal information she collected fro mthe debtors. She could be posting personal info all over the net and there is no regulation so these people can pretty much do whatever they want whether people like it or not. And who knows how that info is used or whose hands it will fall into.
No regulation equals illegalities and invasion of privacy on every level.
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daughter_harrased
A 13 year old at my child's school created a fake profile of my child and then created several additional identities of people who do not go to the school.
She then would log into each account and make comments all of who were attacking my daughter. She would log in as my child and make it sound like my daughter was calling her the "B" word and more.
Since my child did not know about the facebook page, she would go to school only to get harrassed by this girl and her friends who joined in. THe friends did not and still do not know that the profile is fake.
I reported the child to the principal and the first time we heard about a facebook profile was when she said that she was being mean to my child because my child had said bad things on facebook. Interestingly enough, the profile was removed the next day and not by my child. I know this because I sleep with my computer and after we discovered the facebook page, we went to sleep and woke up the next morning and it had been removed. My daughter could not have done it since I had the laptop all night with me.
This little girl does not realize (but will soon learn) that once you make a page, it does not disappear. And luckily, I was able to find a cached version and copied all of the pages that I could where she made really awful comments about and pretending to be from my child.
Last night I went to the school's fall choir concert and I noticed the "coldness" coming from the girls who used to run up to me and say hi. Or they used to be friends with my child. I now realize what she must have gone through and is still going through.
So I have decided to file a police report, turn in the copies to the school and the school district, and possibly sue. The damage to my child is enormous. Now 40 or 50 kids think that my child did something when she was nowhere around facebook.
She is getting ganged up on and if that girl continues with it, she could get jumped. I have also noticed that my daughter has stopped telling me the crap that the kids are doing at school because I think she is trying to still fit in. It's sad and scary because she is holding it in.
I am going as far as I can to uncover this.
It's hurtful.
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