CHICAGO (CN) – Parents of a 13-year-old Jane Doe sued two of their daughter’s classmates and their parents, claiming the parents negligently let their kids hack into Jane’s Gmail and turn it into a “Google/Buzz” account – allowing for more direct interaction – and then, posing as Jane, posted “vile, sexual and violent” comments, including that she was pregnant by her brother, and asking for suggestions on how Jane should die.
Jane Doe, a seventh-grader, and her parents say that the two hacker teens – A Doe and B Doe – also created a Facebook account under Jane’s name, and attributed appalling comments and postings to her.
Early last year, the 13-year-old Doe defendants hacked into Jane’s Gmail account and changed her password so she could no longer log into it, the family says. The minor Doe defendants turned the e-mail account into a “Google/Buzz” account, which “allows others to navigate through the account to see and contact ‘friends,’ to comment on postings, view photos, and to post photos,” according to the federal complaint.
Beginning in February 2010, the hackers began making “various vile, sexual and violent postings” on the account, including one stating that Jane Doe “was pregnant and that her brother was the father,” the complaint state.
The plaintiff family says that the minor Doe defendants “also posted a survey type of post where other internet users could vote on ‘how [the Plaintiff Minor Child’s name] should die’ and provided for the following to chose from (a) ‘have a child molester kill her,’ (b) ‘bury her alive then burn her,’ (c) ‘maybe stab her to death at night.'” (Brackets in complaint.)
Jane’s family says that the minor Doe defendants hacked into the account for almost a year, from their parent’s homes and under their supervision.
In October 2010, B Doe and another peer opened a Facebook account in Jane’s name, without her knowledge or permission, and posted “vile” and “violent” comments on there as well, the complaint states.
The family demands damages from the defendant kids and parents, alleging defamation, conspiracy, negligence, and violations of the Stored Communications Act, the Computer Fraud and Abuse Act and the Federal Wiretap Act.
The family is represented by John Conway with Sullivan, Hincks & Conway in Oakbrook, Ill.
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