How exactly does MySpace ensure age without having the person present their birth certificate in person, take a DNA test, etc? If suit is successful, does that spell the end of social networking websites?
Teen, mom sue MySpace.com for $30 million
A 14-year-old Travis County girl who said she was sexually assaulted by a Buda man she met on MySpace.com sued the popular social networking site Monday for $30 million, claiming that it fails to protect minors from adult sexual predators.
The lawsuit claims that the Web site does not require users to verify their age and calls the security measures aimed at preventing strangers from contacting users younger than 16 “utterly ineffective.”
What is a Buda man? Is that area of the country? or is it something like the Boogey Man?
This is why american news are at the same time hillarious and infuriating when read..
Parents dropped the ball on that one; but even at fourteen individuals should be able to excersize some degree of personal responsibility. I suspect attorney manipulation moving in the background; a fourteen year old by herself can’t sue anybody. A varient on the ambulance chasing lawyer, perhaps?
Another example of the American need to deny personal responcibility.
Wow is this a ludicrous lawsuit.
Isn’t it one of the requirements when signing up to Myspace that you give them your birth information? How is her daughter lying about her age, or the “Buda man” lying about his age, in any way shape or form going to be linked to Myspace?
The legal standard here is (or should be in American torts cases) whatever the reasonable community standard is. Do any websites, short of porn sites, require you to verify your age by means other than asking “Are you sure this is your age?”
The somewhat reassuring part is that NewsCorp has the cash to send this all the way up the judicial ladder, if it has to, whereas I’m not entirely certain this woman has that kind of cash. Likely they’ll strongarm a settlement and nothing will come of it. I will be shocked to see if this goes to trial.
I cant even reply to this without fear that I will explode….all I can say is that I hope she never sees a penny of it and that maybe the mother will resume her parental responsibilities since apparently shes been on a 14 yr vacation…..
I don’t even need to read the whole article. I can answer, just by reading the first half of the headline: Should mother take responsibility for not monitoring her child…. (snip) ?
YES.
If she truly believes Myspace is at fault, she should sue for $1 + legal fees. Otherwise, everyone sees this suit for what it really is: a money grab. Of course, finding a lawyer to take that case….
Agreed with all. Much like parents who say that “videogames made my child violent” but use those same videogames to practically raise their children in their absense – this girl and her mother should be ashamed of themselves.
I feel badly for them, sure – but to then suggest it’s MySpace’s fault because this girl was too naive and her deadbeat mother was absentee – just disgusting.
I hope they lose, MySpace countersues for defamation (if it’s even possible) and this family is bankrupted. Perhaps that will teach them a quick and dirty lesson in personal responsibility.
For the record, I think MySpace is retarded – so I’m hardly an apologist here.
#7
Couldn’t have said it better.
Buda is the town in Texas the guy is from.
If she prevails then that just might send up a signal that the whole Internet Personal Identity problem needs fixing. And nothing will get anyone’s attention unless they need to pay out big bucks. Currently, no one has to really show they are who they say they are to complete an on-line transaction.
Currently more financial fraud takes place on line using stolen IDs then off-line. Why should anyone have to prove that they did not buy something instead of having the credit card company prove they accurately processed the correct card holder? Ask anyone who jumped through all the hoops what it cost to clear their record after having their ID stolen and used.
Yes, there is a place for personal responsibility. Tell me though, what did Myspace do to verify this underage girl’s true age? She is legally unable to make a contract so anything she agreed to would probably not be binding. I do believe she should have been old enough to be aware of dangers, but because she is unable to appreciate ALL dangers, society protects her by treating her as a minor.
I am sorry the young girl was raped. To me, however, this is a symptom of something much bigger though and might impact all internet transactions.
The article doesn’t say the girl was raped, just sexually assaulted, which can mean a lot of things and usually doesn’t mean rape.
It’s a money grab and the Mom is probably happy for the opportunity.
Also, the girl went on a date with this guy. She spent the entire evening with him so she should have been able to see who he was. I think after the first hour of the date goes by and she is still willing to stay there, then MySpace is no longer really involved.
I absolutely agree that the mother is partly at fault. I just posted the exact same argument in my blog. techieramblings.blogspot.com
Bad parenting plain and simple. First parents dumped their kids infront of the stupid-box (TV) then the video games and now the internet.
Take some responsibility and watch your kids, spend time with them, take up hobbies. Be a parent, not a friend…
What about the friggen Buda man? Why not sue him for $30 mil?
In Canada you have to show and prove damages. I’d like to see the justification list for $30 million. The biggest problem in the US is your legal system which encourages such behavior.
1.
giving personal info about yourself on the net, is stupid.
2.
Meeting someone you DONT know for the FIRST time, is best with friends/Family. She should have met at her HOME when mom/dad was there.
3. getting in a car with someone you have NEVER met before, except online, STUPID.
ANY of this that you do NOT on the net, is considered stupid.
Talking to someone on a phone and giving personal details…
deciding to meet this person semi-privatly…
getting in a persons car, that you DONT KNOW.
Same same same…
Lets just say…LESSON LEARNED.
I have two preteens who are just now getting on the web in a serious way. My wife and I tell them these things all the time:
1. Never, never, never give out your real personal info on the web.
2. Stay out of chat rooms. If you must use one, realize there are sickos out there who want to kidnap, abuse and kill you. They will lie. What appears to be a sweet 12 year old girl may really be a fat, sweaty, balding, old man in his underwear.
3. Never, never, never agree to meet anyone you talk to online. Remember the fat, sweaty, balding guy? He wants to take off his underwear.
4. If anyone threatens you if you tell your parents what’s going on, it’s because they know we can protect you, and we will have him arrested (or worse) if we find out. He doesn’t say not to tell us because we should be afraid of him, but rather because he is afraid of us. You can tell us anything, and if you are in trouble, the sooner you tell us, the better we will be able to fix it.
If the mother in the story had done this, she probably would not have had this problem. Of course, if she really just used her daughter for lawsuit-bait, she should have all her parental rights stripped away. In any case, it’s not MySpace’s fault. What if the kid went to the park in the middle of the night and got mugged? Would it be the city’s/state’s/fed’s fault? Of course not. You should not be able to sue someone else for your own stupidity.
at what point does personal responsibility come into play?
The sole blame in this is the mother. Apparently her outlet for being at fault for not having decent parenting skills is to blame Myspace and having it as her scapegoat for not being responsible. Too many parents out there think that it’s the job of corporations, government, school, church, etc. to raise their children to have some common sense and a good sense of morality.
NEWS FLASH:
It is NOT everyone else’s job to tell your children what they should or should not be doing. It is the damn job of the parent, if the parent messes it up, then it’s they’re own stupid lazy ass fault. Unfortunately, the society we live in has to pick up the slack and deal with it.
What’s wrong with this country is that too many parents are looking for the easiest possible way to raise their children (not taking any responsiblity).
Who provided this girl with a computer with internet connection without first talking to her about the dangers that may be out there? Is it any different then sending her out of the house without warning her of the dangers that may be lurking on the street?
This is so stupid…the mother is so stupid…
I just love how people feel the need to place the blame on others for their own, or their children’s stupidity. Be it video games, tv shows, or web sites it is never the idiocy of the “Victim(s)” that is questioned.
Next we’re going to see Dvorak.org sued for harboring free thinking individuals because unsuspecting children could stumble upon it and begin to question the world around them.
19,
AS SOON as you give your TRUE name to another person, THEN its YOUR responsibility…
NAME,
Picture,
ADDRESS,
CITY that you live in, as some places ARNT that big.
ZIP CODE
PHONE number
SCHOOL, School name, Address, and so forth.
Bank account #
SS#,
TIME of day..NO mention of when you get out of school or work.
YOUR parents names, and Any of the above for your parents, ALSO.
YOUR FRIENDS info, from the SAME list above.
IF they are not a friend that LIVES near you, you DONT give them ANYTHING. YOU DONT even mention anything in a MUTI-chat. Just cause you know 1 person, dont mean you WANT to meet the others.
AND if you do meet someone…Bring them to your parents, FIRST…They know what to ask, and how to look the person up, and IF not, they can contact to police to check(or scare him off).
How about useing the STANARD rules for talking/meeting ANY stranger, or talking in public.
“MySpace is more concerned about making money than protecting children online,” said Adam Loewy, who is representing the girl and her mother in the lawsuit against MySpace
Sounds like Adam is talking about the Mother there, not MySpace.
#12, Ascii King, The Headline used the word “Rape”. Sexual Assault is commonly used instead of the word rape though it may include a lessor offense. Most jurisdictions consider sex between an adult and a minor rape, even when it is consensual. You are correct and make a good point about the date. The law suit though is against BOTH myspace.com and the accused assailant. The base of the suit against myspace.com is because they failed to monitor sexual predators.
I agree that the mother should have taken more responsibility. Chasity belts and restraints are often looked upon as too restrictive though. My point though, is that these sites DO NOT really care if the person is actually who and what they say they are. When you read the news article, it says there are five state Attorneys General pushing myspace.com to validate customer information.
It is quite common that if a social club invites the public in, they may share some of the responsibility if the patron is later injured. If myspace.com is at fault in any of this, they will bear some responsibility too.
At 14, she is still a child. If she was mature enough then we would allow her the right to vote and join the military. She isn’t mature enough and so society (and the law) gives her more protection then an adult receives. If the members of Dvorak Uncensored remember when they were 14, they will also remember how naive and invincible they were.
I am so glad that so many of you assholes still want to blame the victim for what happened, not one of you have put any of the blame upon the man who attacked her. Right, she must have asked for it.
Mr. H. Fusion — I understand your outrage, but I think you have to realize that the commenters were not saying that the RAPIST did not commit a crime, and shouldn’t pay the penalty (death if appropriate to the crime, IMHO).
We are saying that MYSPACE is not necessaribly liable, or guilty (in either the legal or emotional sense).
We have to be very careful in our society to make sure that protection of children/minors does not overally step on the basic rights (as perceived) of adults. I have three god-daughters whom I love (who I would give my life for), but I would not give away reasonable freedoms to make sure there is NO possibility that something bad can happen to them. Why? Because I know that in a free society, they will be happier and better than in the opposite kind of society.
Reasonable accomodation to all parties is what’s needed. But we need to make sure that our children know that adults can lie and that they should allways check with a trusted person before they meet someone.
24,
I lay judgement on the mother.
see my rants on 17 and 22(a reply).
I consider that IF the parents didnt School/teach her about the basics of STRANGERS… It must be lay’d at the parents feet.
I do, understand that the 18,19 year old is ALSO responsible.
But, in life, it takes 2…as with a Gun in the home, you NEEd the bullets.
and IF the parents were NOT knowledgable enough to KNOW about computers and the INTERNET, ASK. Dont THINK your kid knows it ALL. The STRANGER rule APPLIES… YOU DONT get in his car, and you DONT meet him, private or SEMI private or EVEN publicly. So, it comes down to the parents TAKING the time to monitor instead of LETTING the computer BABYSIT.
#26, it is easy to see that you don’t have children.
#26, Mr. H. Fusion — I understand your outrage, but I think you have to realize that the commenters were not saying that the RAPIST did not commit a crime, and shouldn’t pay the penalty (death if appropriate to the crime, IMHO).
OK Lou, lets add this up. All those blaming the mother or daughter for being raped raise your hand.
Post #2, This is why american news are at the same time hillarious and infuriating when read..
Post #3, Parents dropped the ball on that one;
Post #4, Another example of the American need to deny personal responcibility.
Post #5, Wow is this a ludicrous lawsuit.
Post #6, …and that maybe the mother will resume her parental responsibilities …
Post #7, Should mother take responsibility for not monitoring her child…. (snip) ? YES.
Post #8, …this girl and her mother should be ashamed of themselves.
Post #9, #7 Couldn’t have said it better.
Post #12The article doesn’t say the girl was raped, just sexually assaulted, which can mean a lot of things and usually doesn’t mean rape.
It’s a money grab and the Mom is probably happy for the opportunity.
Post #13, …the girl went on a date with this guy. She spent the entire evening with him so she should have been able to see who he was.
Post #14, I absolutely agree that the mother is partly at fault.
Post #15, Bad parenting plain and simple.
Post #17, Lets just say…LESSON LEARNED.
Post #18, …If the mother in the story had done this, she probably would not have had this problem.
Post #19, at what point does personal responsibility come into play?
Post #20, The sole blame in this is the mother.
Post #21, I just love how people feel the need to place the blame on others for their own, or their children’s stupidity.
Post #22, AS SOON as you give your TRUE name to another person, THEN its YOUR responsibility…
Post #23, “MySpace is more concerned about making money than protecting children online,” said Adam Loewy, who is representing the girl and her mother in the lawsuit against MySpace
Sounds like Adam is talking about the Mother there, not MySpace
Post #26, I lay judgement on the mother.
Lets add up those who did not blame the mother or daughter.
Post #1, inquiring about the man from Buda.
Post #10, replying to #1
Post #11, hey, that’s me raising the point about legality.
Post #16, asking why the rapist isn’t being sued. He is. But then he turns around and suggests the blame lies with the mother and daughter.
Post #24, Me again, raising the issue of blaming the victim
Post #25, Lou defending the other posts. And well too.
Post #27, Me again.
So that is 20 posts that blamed the mother and or daughter. And just me that had anything defending them. So who was blaming the rapist? In all of the above posts, who raised the issue that rape is rape. Hey, several suggested she asked for it. But only one of them directed the blame towards the responsibility of others, and then half heartedly. Of 24 posts, other then mine, only one
So Lou, what message were the other posters saying if it wasn’t the mother and daughter’s fault?
What scum. Blame the victim.
I believe Rupert Murdoch owns MySpace now… Thats alot of money to win, but alot of money to go up against. If this had happened last year, it would have been a clear victory for mother.
I look forward to reading next weeks post about how mommy went home empty handed and crying. Maybe some video of the NewsCorp lawyer team giving each other high fives outside the courtroom.
Mr. H. Fusion
I stand corrected. The blame is solely on both the mother and the rapist.
I thought it was pretty clear that blaming the rapist was just beating a dead horse, as it’s obvious that the rapist was wrong and should be punished for committing the act. So the intention of my statement was really to state that the mother had a responsiblity to protect her daughter from the evils of the world (on the internet or wherever else).
It’s like giving someone a power saw and not explaining to them how to use it. It is a very useful tool, but at the same time, it can be very dangerous too. Proper instruction as to how to use a tool or medium is necessary by a parent to their children as they grow up, including how to make decisions in life and critical thinking.