February 03, 2005
PARENTS AND THEIR RIGHT TO SNOOP

Late last year, Carmen Dixon, a mom in Friday Harbor was told that her testimony against Oliver Christensen was invalidated because it was based on an intercepted phone conversation. A state Supreme Court judge ruled that eavesdropping on a conversation between her 14-year-old daughter and boyfriend violated the child's "privacy".

At 14-years old, you don't get privacy; you get food, an allowance, and a roof over your head.

The judge wasn't convinced and reversed a 2000 robbery conviction of Christensen, the 14-year-old girl's boyfriend because it was mostly due to Dixon's testimony.

With the hopes that this legal loophole can be closed, there are two bills being discussed in both the state House and Senate on parental exemptions from state privacy laws. The Seattle P-I reports:

Parents would be allowed to eavesdrop on their children's phone conversations or intercept their mail under a bill that went before the House Judiciary Committee on Wednesday.

The law is being proposed in the wake of a recent state Supreme Court ruling that a mother violated Washington's privacy law by eavesdropping on her daughter's phone conversation.

Under House Bill 1178, not only would the parent not be breaking the law by snooping on a child's phone calls, any information a parent gleans from the intercepted communications could be used in court. But some have expressed concern about the bill's language, which allows calls to be recorded and mail to be intercepted.

So it seems a few Democrats don't like the fact that the bill would allow parents to intercept their children's mail. Perhaps they can tell us all the last time a child paid the mortgage. This reaction isn't entirely shocking considering these are the same people who think a teenage girl should legally be allowed to suck a child from her womb without parental consent. A Senate bill examines similar issues:
Sen. Pam Roach, R-Sumner, has introduced a similar bill in the Senate (SB 5081). Her bill does not call for recording conversations or providing evidence, it just states that it is not illegal for a parent or legal guardian to monitor his or her own child's telephone conversations. That measure had a public hearing last month.

"I believe the loophole needs to be closed to protect the right of parents to parent," she said. "The last thing you want is your own child complaining that you're breaking the law. They shouldn't have that kind of leverage over parents' ability to parent."

Exactly. Both bills should get equal consideration. While yes, recording a child's phone conversation seems a little obsessive and bizarre, it certainly shouldn't be against the law--not in the age of "gee I didn't know my child was building an assault rifle in the basement".

Contrary to what frumpy Michael Moore may maintain, KMart wasn't responsible for Columbine; ignorant parenting was.

Posted by Ambra Nykol at February 03, 2005 01:55 AM | Email This
Comments
1. Very true. My kids know that I have a right to check their emails, check their rooms at any time; at least until they are 18. Parents need to get back into their childrens' lives and stop allowing the government to do our job! It is just that, bad parenting, that our society has so many children killing others. Not businesses...parents are responsible for their own children. We need to take back our parental rights!

Posted by: Miriam on February 3, 2005 02:09 AM
2. Parents are more and more being held responsible for the actions of their children, but then the government doesn't allow them to be parents. Some kids do whatever they want and if the parent objects, the kid threatens to call Child Protection Services. Once they do, the real nightmare begins. It is one part of the government where you are guilty until proven innocent and proving yourself innocent is exceedingly difficult becuase they presume the child is always telling the truth.

One more thing: howcomeisit a child has to get parental permission to get a tattoo and (soon) piercings, but they don't have to get parental permission for an abortion - a medical procedure that you can die from?

Posted by: Scott in Carnation on February 3, 2005 04:40 AM
3. This is an area where being raised in a 'rual' setting has bode well for me and mine.

From their youth (as was I) it was taught 'in no uncertain terms', that there is no place / group in this world that LOVES you more or has more of your best interests in mind.
Do we as parents 'have the right to'. . .?
Not a question!
There is no other people as 'RESPONSIBLE' for the actions of our own youth.
This reminds me of the family motto: "Wherever you go, whatever you do, DON'T forget you wear your family's name."
Translation: "You are taking us with you, whether you can see us or not."

Posted by: Arky on February 3, 2005 05:21 AM
4. A distinction needs to be made here - it in one thing for a parent to listen in on their child's conversation for the purposes of parenting that chils and it is another thing altogether when you use the inforation obtained from that parenting activity as evdience in court to convict a third person.

To the degree that this legitlation allows the fomer but prohibits the latter, I'm all for it.
However, to the degree that this legitlation would allow the police to recruit parents to do what they cannot and should not be able to do without a warrent I am opposed to it.

Think about it. Suppose that the police think that you are quilty of a crime, but they don;t have grounds to get a warrant to wiretap your phone. Should they be allowed to recruit to your child to listen in on your conversation on a speaker-phone? NO!

Posted by: dpk on February 3, 2005 06:19 AM
5. Isn't mail sent through the USPS federally protected making a state law allowing interception moot?

Posted by: Tony on February 3, 2005 06:43 AM
6. What was it that Hillary said" It takes a village to raise a child". How stupid, it doesn't take a village, it takes parents, Mom and Dad. Some people are just lousy parents, because they had lousy parents. And the government is a lousy parent. Do it yourself, they are your kids and responsiblity.

Posted by: Good ol' Dad on February 3, 2005 07:55 AM
7. While parental rights can be debated in this instance, even if this law had been adopted, the Friday Harbor case would probably still been thrown out. The SCOWS ruling on the parent violating the right of her daughter drew the most scrutiny, their decision turned on whether the parent could violate the privacy rights of the boyfriend. The right of a parent to intercept communications with their child would not extend to the other party. The proposed law might make it legal to testify on intercepted subject matter regarding their child, but probably not regarding the counterparty.

Posted by: north clark county on February 3, 2005 08:08 AM
8. The backstory on this case was that the mom recieved a tip from the local county Sheriff that her daughter maybe hanging out with a local kid who was suspected of a crime.

So acting on the information from the Sheriff, this mother decided then to monitor her kid's phone conversations with this boy. Thereby becoming an agent for the state and didn't have authority to violate this kid's civil protections.

Posted by: Difranco on February 3, 2005 08:39 AM
9. While parents most certainly SHOULD monitor their children, they CURRENTLY and ALWAYS have been able to.

The issue here is whether secret recordings or intercepted conversations can be used in court. And, used in court against a non-child.

There's no real issue of interfering in the supervision of a parent. The real issue in the original legal case was how much use can be made of the supervision, even SECRET SUPERVISION, of children that we currently totally ALLOW can be used IN COURT, particularly against non-children.

Again, the parent-child relationship is not being regulated here, it's courtroom evidence that is being regulated.

Posted by: Paul R. Lehto on February 3, 2005 08:39 AM
10. I wouldn't say eavesdrop.

I'd say listen in on.

Posted by: Sandy P on February 3, 2005 08:47 AM
11. To those who have said that it's "Courtroom evidence" being regulated here and not the "parent/child relationship", I beg to differ. Anytime you're telling a parent what they legally can and cannot do in relation to THEIR household and THEIR child, it's about that relationship.

dpk wrote: "Think about it. Suppose that the police think that you are quilty of a crime, but they don;t have grounds to get a warrant to wiretap your phone. Should they be allowed to recruit to your child to listen in on your conversation on a speaker-phone? NO!"

This assertion doesn't even make sense. If you're going to talk about what could potentially happen, it'd be the opposite--parents being recruited by the police. A child couldn't be recruited by the police unless the parent allowed.

Posted by: Ambra Nykol on February 3, 2005 08:57 AM
12. So, what if it was a case of statutory rape and a parent heard about it through either reading something (email, postal mail, diary) or overhearing a phone conversation or saved message? Is it okay in this case because the crime is being committed against the parent's child?

Or in any case of a crime, aren't we all required to report it, even if only by conscience? Isn't that what hotlines like Crime Stoppers and shows like America's Most Wanted are about? We're always being recruited to help the authorities catch criminals, and a lot of it involves a bit of eavesdropping, whether accidental or not.

Or am I missing the point, since this was a case of her over-hearing him incriminate himself, instead of actually witnessing the crime, or looking for a known wanted criminal?

Posted by: Amber on February 3, 2005 09:11 AM
13. I agree with Ambra. This IS about parent/child relationships. Once the courts regulate what you can and cannot do with your children, it is regulating that relationship. Some of this is obviously good, i.e. you can't beat your children with a baseball bat, etc. But what about the caller's rights? Once he opens that phoneline up with a minor in that minor's home, he should fall under the same rules and restrictions the parent has established. Just because someone is 21 does not mean he/she can come to my house and drink beer with my kids, even if the kids are not offered any. That is the rule of the house and if those rules are violated, that person can be told to leave. OK, so now lets back down a step and protect that callers rights. I don't see why the child's side of the conversation could not be used by law enforcement agencies to investigate the caller. If the child said something like "what are you going to do with the money you stole?", should that not be allowed as evidence enough to at least investigate the caller? Children do not have the same civil rights as adults. They can't get a driver's license until they are 16, they can't vote until they are 18, minor's cannot sign legal contracts, etc. It is supposed to be the job of the parent/legal guardian to guide and help the child until they are of legal age.

Posted by: RobertinTacoma on February 3, 2005 09:31 AM
14. If you want to read the brief on this go to Tim Ford's blog..."litigarchy.com".

The entire judge's brief is over there.

And I agree with all of you, A parent's right to protect their children should always supercede the privacy act.

Cid

Posted by: CidinDupont on February 3, 2005 09:36 AM
15. As I do not have kids, I don't pretend to understand all the issues at play. But I thought that the major issue here was that the person on the other end of the phone's right to privacy had been breached. shouldn't that be considered?

Posted by: dpmiv on February 3, 2005 09:40 AM
16. As I do not have kids, I don't pretend to understand all the issues at play. But I thought that the major issue here was that the person on the other end of the phone's right to privacy had been breached. shouldn't that be considered?

No.

And most especially not in this instance since the boyfriend was 22 years-old while the girl was 14-years-old and a MINOR. You don't get a right to privacy when you act like a pervert (although arguably, MIchael Jackson overwhelmingly has...but that's another post)

Posted by: Ambra Nykol on February 3, 2005 09:50 AM
17. DP...I agree to the extent if the Other person was talking to an Adult, be he wasnt. He was engaging in a conversation with a Minor, and therefore with that minor's parents too. If parents are to shoulder the responsibilty of thier children until 18, then they must have the right to oversee (overhear) what is happening in that child's live, to protect them.

But pertaining to this story, what was the 14 yr old girl/child doing with a 22 year old MAN. He should have known better. But the mother should be investigated by CPS, for allowing the Girlfriend/Boyfriend relationship in the first place. (my moral opinion only)

Posted by: Chris on February 3, 2005 09:57 AM
18. North Clark County and dpmiv have both raised the issue of the privacy rights of the third party being violated. Now, I'm not a lawyer, I don't play one on TV, and I didn't stay at a Holiday Inn Express last night, but it seems to me that privacy per se is not the issue; the expectation of privacy is. Just as someone confessing a crime on a public phone does not have a reasonable expectation of privacy when overheard by police, the same confession made to a minor child on the child's parent's phone, where such conversion could be overheard by the parent(s) should also diminish such expectation.

Posted by: NW Mike on February 3, 2005 10:05 AM
19. I am a lawyer, and on rare occasion have been on TV.

No one is saying the parent can't discipline the child, but Washington is a "two party consent state" meaning that to record a phone conversation both sides have to agree on the record. Other states are "one party consent states", where one side's agreement is sufficient. Even two party states have exceptions for certain felonies, harrassment, etc., as does Washington state.

The statute states generally that where two party consent is not present the conversation is not admissible in court, and taping it may be a misdemeanor. The purpose of the statute is to maintain privacy.

The case referred to was unanimous and basically says that while you can monitor your own children adn then discipline them, don't plan on using that secret monitoring in court against other people.

It sounds like a good idea to me to amend the statute to say it doesn't apply to conversations monitored by parents with children under 18. But the problem with the original article is that it sets up a straw man that parents "aren't allowed" to monitor their chilrdren. Not true.

Posted by: Paul R. Lehto on February 3, 2005 10:38 AM
20. Without a legislative amendment to the phone privacy statute, the justices would have had to be "activist" judges in order to imply into the statute the kind of exception being argued for on this blog.

The bill may be right (depending on how it is drafted precisely) but the description of the problem and the criticism of the legal ruling as insane is not fair unless you believe in judicial activism.

Posted by: Paul R. Lehto on February 3, 2005 10:41 AM
21. "I don't belong to an organized political party. I'm a Democrat." - Will Rogers.

Could we please not make this another abortion debate?

From what I've gathered, even the ACLU has signed onto SB 5081, so that should have a pretty easy time finding supporters from both sides.

While people are railing at the judges in this case, it seems that they were just doing what Republicans are usually demanding that they do. Read the law as written and apply it. I don't like the results of that, but I'm also of the impression that a judge's job is to interpret and follow current law, not toss it out and make new law when he sees fit. Even when they make law that I agree with, I think it's the wrong way to do so.

Apparently the legislature did not take this situation into consideration when they wrote the privacy law, and are now fixing it.

Nobody is even contemplating charging the mother with any crime, and have gone out of their way to make this clear. Still, just to ensure that some wacko prosecutor that wants to make a national name for himself doesn't do so in the future, the change is needed.

Besides contacting our legislators and urging them to support this change, I'm really not sure what all the hubbub is about.

Posted by: John Barelli on February 3, 2005 11:09 AM
22. "The case referred to was unanimous and basically says that while you can monitor your own children adn then discipline them, don't plan on using that secret monitoring in court against other people."
So... secret monitoring of Vili Fualau's phone calls would not have landed Mary K in jail, is that it?

Posted by: Bleeding heart conservative on February 3, 2005 11:56 AM
23. I think the real concern the democrats have is that the pedophiles among them dont want those tapes used in court against them.

Posted by: Todd on February 3, 2005 12:10 PM
24. Actually, i really dont care what the law says. I fully intend to monitor my child in any and every way to ensure she is safe and is doing what is right. They can sit in their robes and shake their jowls till they are blue in the face, I really dont care. I know what is right and I intend to do it. I will not become a victim or a slave to the stupidity comming out of the State system.

Posted by: Eric B on February 3, 2005 12:59 PM
25. Since I'm partially legally responsible for my teenage stepchildren's behavior, I will darned well be as nosey as I want to be as to what they are doing. And a good thing too. My nosiness caught my 17-year stepdaughter having relations with a 23-year old sushi bar owner who claimed he got rich of his restaurant (yeah, right). This guy is a slimeball predator.
And my nosiness further caught my stepson (14) smoking behing the shed (how cliche).

My own daughter, 11, has no privacy as far as I'm concerned. She knows that.

As long as these children are under my roof, as long as they depend on me for food, clothing, money, etc... and as long as I am legally responsible for them - their rights to privacy are limited to what they can keep from each other, not from me and my husband.

Rights to privacy should start when they have to right to be a legal adult. I guarantee our forefathers did not have in mind when writing the Constitution that children should make the rules in the house and have more rights than their parents.... talk about the change of times...

Posted by: manderson on February 3, 2005 01:28 PM
26. By the way, Todd, I agree with your suggestion. It would be interesting to compile the voting history statistics of convicted pedofiles and see what direction they tend to lean in.
Maybe the minor-predator sting operations should be focused more on lefty-dominant political websites- catch more of them...

Posted by: manderson on February 3, 2005 01:32 PM
27. This is a "good" issue from the standpoint of harnessing the protective feelings of parents for political purposes, but if all parents really knew all the facts here they wouldn't be quite so concerned as this discussion attempts to make them. If there's a felony like harassment being committed, anyone can be taped.

Posted by: Paul R. Lehto on February 3, 2005 01:47 PM
28. "I don't belong to an organized political party. I'm a Democrat." - Will Rogers.

From Todd:

"I think the real concern the democrats have is that the pedophiles among them dont want those tapes used in court against them."

From manderson:

By the way, Todd, I agree with your suggestion. It would be interesting to compile the voting history statistics of convicted pedofiles and see what direction they tend to lean in.
Maybe the minor-predator sting operations should be focused more on lefty-dominant political websites- catch more of them...

Will you people listen to yourselves? Some judges (party unknown) refuse to legislate from the bench the way you want them to, and you seriously propose that this is evidence that Democrats are pedophiles?

SB 5081 has broad support. Even the ACLU is behind it. Democrats and Republicans can agree on this one.

"Testimony in support offered to the Senate Human Services & Corrections Committee on January 18, 2005, by Rose Gunderson, citizen; Jennifer Shaw, ACLU of Washington. They testified that Parents have a responsibility to track influences in their childrens lives so that they can provide guidance. Monitoring childrens conversations is one way to find out if they risk getting involved with drugs or are engaging other destructive behavior. Whether or not it is a preferred parenting style, parents should be able to check on their childrens phone conversations without committing a criminal act. Parents should be able to monitor and control what is going on in their own houses.

Now, let's pass this thing and move on.

Posted by: John Barelli on February 3, 2005 04:53 PM
29. John Barelli,

Good to hear that "we're" fixing this issue, too bad it can't be retro active for all the cases still on the dockets statewide in this category, (or can it...Paul R. Lehto??)

Also if it is O.K. to do this for a felony, then why is it not O.K. when the discussion (in this case) actually talked about a real crime (robbery; a felony) that took place. Sounds like splitting hairs to me. But I'm not a lawyer

Oh and John Barelli, I'm past this, I'm just trying to understand things better, gathering info for future reference.

Cid

Posted by: CidinDupont on February 3, 2005 05:26 PM
30. This bill is completely obsessive and most surely intrudes on the rights cleary stated in the United States Constitution. You argue that you should be able to find out if your child is going to harm someone/something, but shouldn't you already know? You claim to want to have an opportunity to be a good parent when you aren't even one now. What do you think parents did in the age of no computers and no phones?! They didn't intercept their children's calls and communications and still their children weren't harmful. I dont like you.

Posted by: natalie on March 28, 2005 02:33 PM
31. This bill is completely obsessive and most surely intrudes on the rights cleary stated in the United States Constitution. You argue that you should be able to find out if your child is going to harm someone/something, but shouldn't you already know? You claim to want to have an opportunity to be a good parent when you aren't even one now. What do you think parents did in the age of no computers and no phones?! They didn't intercept their children's calls and communications and still their children weren't harmful. I dont like you.

Posted by: natalie on March 28, 2005 02:33 PM
32. I really don't agree with this bill. Parents have no right whatsoever to monitor their kid's conversations. Most kids arent exactly the kids that the parent think they know. It would be a HUGE invasion of privacy if you read your kids emails or instant messages or listened over the phone. Your kid would feel an invasion of privacy and be super upset, and you dont want that, do you? Thats what I thought, bitches.

Posted by: Whitney on March 28, 2005 02:35 PM
33. i agree with whitney and natalie! rock on...thats what i thought bitches

Posted by: the big N on March 28, 2005 07:40 PM
34. The ages of these who disagree with this bill, and are using such profanity are what? As a 28 year old man with a sister who has two daughters, I want nothing more than to protect those girls. I would defend my sister's right to know everything that's going on in their lives faster than anything. Or else you might end up getting children who grow up to be like these, inarticulate and pretentious riff raff.

Posted by: Jayden on March 29, 2005 05:52 AM
35. I totally disagree with this bill, parents should not intrude on their children's social lives to the point of where they are going behind their child's backs and into their personal items. This is like reading someones diary, it is a total violation of privacy. Parents should not be listening in on phone calls or reading their child's messages unless there is a reason to believe that some illegal activity such as causing harm to another child, drugs, or anything in that range is happening or has happened. If you have no evidence that something illegal is going on, than you need to be a real parent and sit your child down and talk instead of interperating things your own way and acting uppon your assumptions. By going through your child's things and listening in on their conversations, you are breaking the trust bond between you and your child which makes them less likely to share any information with you at all. The best way to go about this is to be open with your child and to ask them questions about who they are hanging out with, where they are going, and where they will be. Share some of your experiences with them and this may help them to be aware of the concequences of the actions they are making. Please remember that they are kids and that they want privacy just as much, if not more than you do. Children like to feel independant and they need to feel that what they are doing in life is their decision. You do not always need to come up behind them and pry into what they are doing. I have asked many kids if they would feel comfortable with their parents listening in on their conversations, and they have all said that it wouldn't matter if they were talking about what they were eating or who they liked,or anything which is not in violation of the law and is a normal topic of teenagers, they would still feel uncomforable. Keep this in mind, and try to keep a good trust bond between you and your child so that you don't feel it necessary to go behind their backs. Thank you.

Posted by: *C* on March 29, 2005 09:08 AM
36. I totally agree with *C*. Parents need to put a little trust into their kids and they need to stop being so obsesive and controlling!! Let your kids make some of their own choices without you patronizing them. Most children don't want you to know who they are going out with or who they like, its their buisness and they should not have to share that information with you. These are their personal affairs not yours! Please find some evidence that something unethical is going on and then talk to your child about them before you accuse someone of something or take unecessary actions. There is no need at all to be reveiwing all of your child's conversations and prying into things that 1.) are your childs personal ordeals and 2.) that don't need any extra attention drawn to them. Please keep these ideas ideas in mind, being a 21 year old woman I can relate to this issue because I remeber what it was like having my parents alway asking who I liked and telling me that they would find out if I didn't tell them.

Posted by: Lynn on March 30, 2005 03:42 PM
37. I am personally caught in this dilemma. I thought I had a good relationship with my 16-year old daughter, and she shared much of what was going on in her life. She recently started re-dating a 17-yr old boy (they had broken up earlier) who I didn’t approve of. I let it be her choice, and explained why I thought the boy was “bad news”.

I’ve suspected (expected) that she’s been somewhat sexually active; kissing and fondling and such, but hoped she wasn’t doing more than that. I fear this guy will crush her emotionally by breaking up with her again after he gets what he wants.

She’s been doing well in school and I don’t want to see that progress destroyed by an emotional breakdown of some sort. So I was concerned, but wanted to trust her judgment. Business travel caused both my wife and I to be out of town one night during the week. We trusted her to “be safe” and make the right choices.

Here’s where it gets bad. Suspecting something was wrong, I looked in her computer files. Not quite a diary, but with what I found I felt as bad as if it was. I’m torn with what I feel is an invasion of her privacy, and my desire to keep her out of harm’s way.

I’m probably being overprotective, but in this state (NY), it is a Misdemeanor crime for a 17-yr old boy to have sex with a 16-year old girl. It’s probably a $10 fine, but it’s still a crime. I also contend that I wouldn’t have done this horrible act if I didn’t have such bad feelings about the boy.

Anyway, because my daughter copy-pasted her IM conversations into word documents, I discovered that she had invited the boy over to our home and they attempted to have sex. He apologized for trying to make her have sex when she didn’t want to, (that would be rape if he was a year older – regardless of if she wanted to or not), and also apologized for “freaking out about the blood”.

What bothers me most about this is that she violated our trust and did exactly what we hoped she wouldn’t. I think I’d be less bothered if they did these things in his car, rather than under the roof I’m providing for her, IM’ing on the computer I bought for her, over the high-speed internet connection I provide for her.

I confronted her, telling her I knew she had him over on the night she was alone. She denied it and stomped off. We will probably talk about it some more, but she’s smart enough to realize that the only way I could know is from invading her privacy.

I feel terrible. I expect I’ve wrecked the relationship I had with my daughter, and haven’t done anything to encourage her to avoid the mistakes she’s making.

Am I a bad parent?

Posted by: W on June 9, 2005 08:42 AM
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