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Someone created a myspace account in my daughters name. I have requested myspace to take down the account and for the IP Address of the computer that was used to create the account. Can myspace legally give me that info and if they can, what can I do to locate the physical location of the IP address?
IP addresses are usually given out by the ISP used to connect to the internet...
so even if you get the IP...it will point to the ISP...and then you will have to get the info from the ISP....and I think you would need the law to do that for you.
depending on where you live...they live and where the ISP is.....will determine what laws
MLF
So would myspace even have the ip address of the computer used to create the account? And could you tell the general locale of the computer by using the IP address?
Yeap...they may have the IP....
But if its a national ISP like AOL...I think maybe narrowed down to NA.....or if the user is using a proxy.....I think you are SOL
The best thing to do is report it to Myspace.....and if myspace has an issue with it ...or the activity is deemed against thier policy...they can report it to the ISP as abuse.
If the activity is abusive or illegal.....you can report it to the police orl local law agency.
But illegal on the internet is a very grey area.....
What are they doing.....that you find so disturbing???
Your daughter probably knows this person....??? no...
MLF
MySpace will more than likely have the IP address, but they'll never give it to you (you'd probably need a warrant). Your best best is filing a police report, and or contacting your local FBI office.
They haven't done anything yet but use her name, birthday, school, and added someone she know to their friend list. Does anyone know what the policy for websites giving out information on the person that was on the site. Is it illegal for websites to just hand out that type of information?
If the person is truly posing as her, then it would be considered identity theft. I would report it to the police.
Myspace will most likely disable the account, but you won't get much else out of them without law enforcement involved.
So, are you SURE your daughter isn't just trying to hide her MySpace account from you? ;)
The only thing that is on the account is her birthday, name, and school. There is no picture posted and the only activity on the account is a few messages to someone. The main thing I want to know is if myspace (or any website) can legally divulge the ip address of a computer just by request of a regular person?
Can they? YesQuote:
The main thing I want to know is if myspace (or any website) can legally divulge the ip address of a computer just by request of a regular person?
Can they legally? Probably
Will they? Not a chance
MySpace is not going to divulge the ip address or any other account info without a warrant of some kind, civil or criminal. And then once you have the ip address from MySpace, you'll need a warrant for the internet service provider (ISP) to compel them to turn over who exactly had the lease on that ip address at the given time. And there'll probably be a series of ip addresses, even if it was the same user. So you'll need two warrants.
As liquid62 puts it so aptly, this could be a case of identity theft, it could be a case of your daughter sneaking around on the web. You need to be sure if you're going to file a police complaint or pursue civil action against MySpace.
I wouldn't get my hopes too high. I've seen similar cases involving ISP's who divulge nothing without a warrant.
On the humorous (ironic, maybe) side, my friends who own an ISP say they are typically served warrant by fax. No kidding.
How did you actually find out about this account in the first instance?
I think that two of the major problems you are going to hit with an ISP over this are:
1. There is no money in it for them so they couldn't care unless there is something blatantly illegal or against their policies going on. It is not as if this is a pay for service?
2. It is going to be very difficult for you to prove to them that you are who you say you are, unless you approach them through a law enforcement agency.............none of whom are likely to be that interested, given that no real "crime" seems to have been comitted at this stage, and there is no money involved. Your other recourse would be through a solicitor, but that will be expensive?
Or it could be some sort of prank by one of her fellow schoolkids?Quote:
As liquid62 puts it so aptly, this could be a case of identity theft, it could be a case of your daughter sneaking around on the web.
how do you know she's AmericanQuote:
Originally posted here by Negative
Your best best is filing a police report, and or contacting your local FBI office.
OH I know
you checked her IP :eek:
whois this man :D
[back on topic]
you might have to accept the fact that there is NOTHING you can do
and it COULD be your daughter's own zone
report it to MySpace
ignore it for a while
monitor the situation
if it holds
let it go
if it escalates
THEN think about the police / lawyer route
As I mentioned before, how did you find out about it?
If your daughter is under 14 years of age then there is an obvious solution:
The addition of the name of a friend indicates that this is someone who knows both of them.Quote:
Eligibility. Use of and Membership in the MySpace Services is void where prohibited. By using the MySpace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MySpace Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
If you examine the MySpace site you will see that there are league tables for schools and the number of members they have signed up.
That makes me think that it is even more likely that it was someone at her school that did it. If that is the case then you are certainly looking at "mission impossible" as they would doubtless have used a school or Library computer.
It would be interesting to know if her friend has a MySpace account, and if they do, are they aware of it, and did they set it up themselves?
It would not be surprising to me to find that fellow students had done this to boost the school's "league rating"
Just a few thoughts ;)