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Old 07-19-2005, 04:48 PM   #22 (permalink)
shakran
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Quote:
Originally Posted by JinnKai
Let me all you remind you the legality of this issue. Contrary to what you may BELIEVE is justified, in most states you cannot record a convseration that you are "not a party to." In the case of a phone, this means that if you're not a known participant or listener then you CANNOT record the conversation. Just because it is your phone does not excuse this type of wiretapping (read: spying). If someone else uses your phone and you record it without their consent, it is illegal. I might be a bit biased on this issue as a privacy advocate for the EFF, but monitoring your children's behavior like this is absolutely ridiculous. "Fuck shit damn ass cunt bitch whore.. " if you're really worried that your kid is talking about this online.. he's doing it at school.
Wrong. MANY states are single party states, but even if they aren't, or even if neither the kid nor the person he's talking to knows you're monitoring, it's still legal.

1) the wiretapping laws refer to telephone communications. It's been well established in anti-spam cases invoking the 1995 TCPA that computers aren't considered telephones or even telephone facscimile devices.

2) The wiretapping laws involve PHONE lines. Most internet connections these days don't use one - they use a dedicated subscriber line, or the cable network.

3) Caselaw supports monitoring your kid. In Thompson v. Dulaney (838 F. Supp. 1535, 1544) the 6th circuit court of apppeals found that "As long as the guardian has a good faith basis that is objectively reasonable for believing that it is necessary to consent on behalf of her minor children to the taping of the phone conversations, vicarious consent will be permissible in order for the guardian to fulfill her statutory mandate to act in the best interests of the children."

In other words, if you suspect your kid is messing up, YOU can consent to the wiretap FOR him.



Quote:
ACTION, not REACTION. Good parenting would be letting your children make their own decisions.

Check. Next time my kid wants to run in front of a bus, I'll just let him. After all, gotta let him make his own decision right? Now that I hopefully have you saying no to that, letting your kid set up drug deals online is no better than letting him run in front of that bus.

Quote:
I know too many "adults" who need constant guidance and handholding because their parents never let them do things without Daddy watching over. If you properly explained to your children about things like sex and drugs and violence and chauvinism BEFORE letting them on the Internet, then monitoring them is a moot point.
Check. Tell the kid something's bad and he shouldn't do it, and, contrary to the nature of children the world over, he won't have ANY instant desire to do it. Do you remember your childhood? If my parents told me not to do something, that's the FIRST thing I wanted to do. That's part of being a kid. And it's part of being a responsible parent to make sure they don't do things which will harm them.

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It's a power issue, and you want to be the one making the rules.. its as simple as that.
Uh. Yeah. It's a parent / child relationship, not a meeting of equals. As a parent, you DO make the rules. If you have a problem with that concept, you should not be a parent.

Quote:
If your son or daughter knows what SEX is, how it works, how to abstain, or how to use effective contraception.. then that conversation about sex with his friends shouldn't worry you. He's not being misinformed by some illiterate "d00d" in a chatroom.
Do you believe in the "preach only abstinence and the kids will follow it blindly" approach too? I'm not worried if my kid talks about sex with his friends. I'm worried if my kid is talking to a total stranger on the internet about sex, when that stranger could be a pedophile. Again, it's my JOB to protect my children. Anyone who tells you the kid's privacy trumps your responsibility to protect your kid, is telling you that you should not do your JOB.

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Likewise if you've educated your children about internet safety -- don't give out your real name, use aliases, uses alphanumeric passwords.. don't talk to strangers.
That's absurd. Hell ADULTS don't even follow that advice when they're educated. Why would you expect your kid to just because you told him to?

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just because they're your kids doesn't mean you have to treat them like shit.
Last time I checked, making sure my kid grows up safely without getting raped or getting hooked on crack is not treating him like shit. You seem to believe it is.



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Its akin to any system of laws... if you don't inform people that murdering someone is illegal, and instead wait until they murder someone so you can 'catch' them.. its unfair and unenforceable.
Nice try, but your attempt at an argument shift is too obvious. We inform our kids that doing drugs is forbidden. If we then catch them, they get in trouble. You're suggesting we're not telling them not to do drugs. In fact, we're telling them not to do drugs, but we don't tell them every method we use to determine if they are obeying that order.

And the US justice system works exactly the same way. They tell you not to kill people, but they won't tell you every method they'll use to catch you because they don't want you to figure out a way around it.

Thanks for proving our point for us though!
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