Facebook Account Deletion Lawsuit

To: Judge Fogel
Cc: steve <steve@stevesulmeyer.com>; claudia_forehand <claudia_forehand@cand.uscourts.gov>; diana_munz <diana_munz@cand.uscourts.gov>; summer_fisher <summer_fisher@cand.uscourts.gov>; christian_delaney <christian_delaney@cand.uscourts.gov>; tim_smagacz <tim_smagacz@cand.uscourts.gov>; anil <anil@math.cornell.edu>; dav <dav@math.mit.edu>; neta <neta@astro.Princeton.EDU>; info <info@tugmcgraw.org>; marathon <marathon@tugmcgraw.org>; tsutton <tsutton@orrick.com>; mmetanat <mmetanat@orrick.com>; gramsey <gramsey@orrick.com>; tgray <tgray@orrick.com>; nchatterjee <nchatterjee@orrick.com>; gweiss <gweiss@orrick.com>; khill <khill@forbes.com>; aureliedarbouret <aureliedarbouret@gmail.com>; egoldman <egoldman@gmail.com>; barry <barry@fb.com>; simon <simon@fb.com>; press press@fb.com

 

Dear Honorable Judge Fogel,

 

I believe you are worthy of both the Honorable and Judge title in the same heading.  While I know it is not necessary to have to write to you at this point as the case has been dismissed, I personally feel it is the right thing to do.  You don't just stand by people that you communicate with when you are asking to be heard, you do so through both good times and bad.  And, you should try to learn from those times in order to best move forward with those experiences both personally and with others whom you connect.  I want you to know that I sincerely appreciate all of your time, work and sincerity with the case.  You are a wonderful man and a professional judge.  I wish you, your family, friends and colleagues the best.  Thanks to the Clerk of the Court and all of the administrative offices who have extended their professional efforts.  I am proud to be a citizen of this beautiful and free country, and I am just as proud of the judicial system that you represent.  As before, my deepest condolences and heartfelt sympathy to the 9th Circuit Court and the family, friends and colleagues of Honorable Chief Judge Roll.

 

I hope you always know that the Court has a first class mediator in their presence with Attorney Steven Sulmeyer.  He is an honorable, caring and sincere professional.  I say that from the stance of him working with all parties involved in the Young v. Facebook mediation discussions.  But even more so, I sincerely respect his great judgement in advising me in the past regarding the scheduled mediation meeting.  I voluntarily choose to not accept or negotiate an offer from Facebook for case closer before your ruling.  As such, my action prompted the intentional cancellation of the court mandated mediation meeting. And, I knew that I would be left with nothing, or no recourse, in so doing.  Attorney Sulmeyer made that uncategorically clear to me and sought to keep the meeting scheduled as planned.  I always will and deeply do respect him for trying to help with that. 

There were different reasons for my decision though, all of which were founded in what I believe to be greater purpose and meaning.  Regardless, I knew inside that it would also mean never obtaining my Facebook account again.  There are reasons why I am at peace with that.       

       

Initially, I hope that all my loved ones know that just because you can do something that doesn't mean that you should.  And, just as importantly, when you can or feel you should do something.......well.......you should act.  If there is one thing that they can learn or take away from my time spent here in California I hope it is just that.  Speaking up doesn't always mean that you will be heard necessarily, or that what you say will in any way make a difference.  History has proven that to be the case with many different areas of contention.  But, I will always believe in following your heart as well as the power of positive thinking for future change that could possibly help someone else down the road.  Possibly help someone else to not hurt or suffer unnecessarily.  Whether that be an elderly person, child, unborn child, or child yet to be conceived.  If we don't constructively learn from life's trials and tribulations we can never truly give back to the next generation.  And, that is ultimately what should always be the most important thing of all. 

 

While the case may have come across to various people different ways, I can honestly tell you some things.

1) This case was never solely about a disability.

2) This case was about caring about more.  Not just for myself, but for others and the truth.

 

To me, the truth resides first and foremost in being true to yourself and your concerns.  I respect all that you wrote and I can only hope that you continue to preside over legalities in the 9th Circuit Court.  My reasoning being that you can possibly relate your understanding to other colleagues, lawyers, and litigants in the future.  Unquestionably, the use of Chat Bots by Facebook to respond to people is morally wrong.  While the law doesn't have a place to address that given Facebook's legal consistency in inconsistency, I feel the law should consider this at all times in the future.  At the very least, there should be some sort of sentence in a companies Statement of Rights and Responsibilities that openly acknowledges the use of exposure to computer generated robot email.  An up front notice if you will that lets users be aware that email sent from the company with a first name signature is not a real person.  And, that any honest and caring response to that company email with a first name signature, is actually an intellectual and emotional real response that is being received by a cold and stupid robotic program.  Honest and real time responses from real people are manipulated with computer generated generic messages.  This to the advancement of companies and the detriment of people, their relationships and concerns.  Companies could even just be required to send any email at all that is not intentionally designed to try to manipulate a person.  Robots can be productively and professionally used in that way.  Something like company or department signed responses rather than fake robots posing as human signatures that give the appearance of a real conversation in real time. Facebook uses both in ways that are intentionally misleading, deceptive and hurtful in that they are inappropriate, capricious, arbitrary and not in real time.  That kind of up front acknowledgement should be given to people. Facebook has intentionally acted in a deceptive way by supporting a cyberspace program that promotes mental and emotional abuse causing hurt in people's lives.  While I understand that there is no law right now addressing that issue it is nevertheless very wrong sir.  A grave concern to people who both recognize that and to those who do not.  Some sort of future legislation that reflects a changing and growing technological society could undoubtedly be helpful to people and the courts with unjust wrongs combined with modern conceptions and norms.  Personally, I believe and support the use of technology, robots etc. given the right and appropriate circumstances.  In no way do I feel the concept as a whole should be ignored given the importance of technological advances in society.  Unassociated with your role as a legal authority, I believe inside that you are a good hearted man. A decent and caring person.  Your Honor, people and life should always be the most precious.  People are more important than any cold and stupid computer.  It is the human mind that constructed the computer and the human mind that can beat it.  It is even more disconcerting to know that the mother and sister of Facebook CEO Mark Zuckerberg are both aware of the problems and lack of research with robotic technology in the field of psychology and computer science.  Mark Zuckerberg is noted as studying psychology and computer science.  His mother has a Ph.D in Psychology, his sister has a Ph.D in Psychology from Harvard University and acts as Marketing Director for Facebook.  They are all well versed in the harms and unknowns associated with Chat Bots and robotic programs.  People should never be victims of computer robotic experimentation either voluntarily or involuntarily. Let alone a social networking environment or nation whose people, families and friends should be cared for and protected.  Their behavior and lack of behavior is completely and utterly unconscionable and unethical.  While you cannot change the fact that Facebook Live is more about Randi Zuckerbergs self promotion than it is about her honest and true concern for people with live and real customer service problems, I hope you always care.  I hope the court always cares.  For whatever reason, Mrs. Zuckerberg didn't get that gene and never passed it on to her children.  I can also only hope that one day they wake up to realize that people are in fact more important than things and money.  People that is other than their own immediate family.  That's not something that I want to say because I never want to think bad things about others.  But Your Honor, it is honestly how I feel.  My mother and my sister don't have Ph.D's in Psychology, my mother and my sister have cancer.  I have zero tolerance for games and blatant disregard.  I can tell you with every ounce of my heart that if my mother and sister were in their shoes there would be a sincere customer service department.  And, people wouldn't be openly deceived or made to feel like an insignificant number because they didn't' have eight 0's behind their only 1.  You can rest assured that I would never condone the contrary if they at any time became misguided in that realm and I'm proud that they never have.  I've been fortunate to know and feel the most genuine love of all in both my mother and my sister.  I care about life and how people can best live. I care about other families and other people.  It would not please me more than to be able to one day write that I sincerely support a revised Facebook customer service department and to be able to extend my thanks to Facebook for it.  I will ask for prayers for the Zuckerbergs that they may one day understand the gravity of their disdain.  I know Mark Zuckerberg is an Atheist but that shouldn't matter.  I commend Facebook for working with President Obama's visit to Facebook.  That was truly a wonderful thing and great for all people of all walks of life.  Shame on Facebook for being deceitful and concealing with their hypocritical actions involving their knowledge and involvement with the Google smear campaign scandal in the face of the Office Of The United States Presidency.  And, thanks to those who came forward with the details of the deception so Facebook couldn't hide behind their fake Wizard Of Oz curtain or fake front.  That major disrespect to the government and legal system speaks for itself to faulty character and a lack of true concern and sincerity with all people.  I understand Mark Zuckerberg boasting about an unethical operation against Google that day surely wouldn't have gone over well in the ratings.  And, what is the first thing he speaks about shortly thereafter, about thoughts of children under 13 and how they should be more a part of Facebook.  Children should be included in things, but not that kind of falsity and garbage.  Not to mention, last time I checked, honorable men and woman in the government were on the front line giving their lives to protect truth and freedoms.  Those same people take pride in standing in front of woman and children protecting and caring for them, not by their side or behind them playing games.  It's a special and unique thing that deserves the highest level of respect.....its called courage.  It also goes by honor and dignity.  God forbid they have a plastic Chat Bot front.  But, the concept of Facebook is just great in and of its own right in respect to what it could potentially sincerely offer if it ever truly applied itself. Facebook can and should care about all of those things as a social package.  Just because you can disregard other people doesn't mean that you should.  And.....if you ever see someone disregarded.....well........you should help.  Even if you walk away with less because of it....you will never be less of a person.

 

Thank you again for your honesty and basic human decency, sir. 

 

With truth and justice for all, and to all those without, love and respect -

Sincerely,

Karen Young

 

CC:

Attorney Steven Sulmeyer

Claudia Forehand 

Diana Munz

Summer Fisher

Christian Delaney

Tim Smagacz

Professor Nerode

Professor Vogan

Professor Bahcall

The Tim McGraw Family

Defense Attorney Sutton

Defense Attorney Avalos (c/o Attorney Ramsey)

Defense Attorney Metanat

Defense Attorney Ramsey

Defense Attorney Gray       

Defense Attorney Chatterjee

Defense Attorney Weiss

Defense - Facebook Attorney Craig Clark (c/o Attorney Sutton)

Kashmir Hill

Aurelie Darbouret

Eric Goldman

Barry Schnitt

Simon Axten 

Facebook Office

The capricious handling of Internet accounts should be a concern, not a standard.  All Internet account issues, problems or terminations should be reviewed with professional care and consistency. These things have not been the priority with Facebook, Inc.  Rather, people of all walks of life have been subjected to automated response messages that depict a lack of personal review of their account situations and total indifference.  In my efforts to support the field of cancer research and cancer patients, I myself was subjected to this type of arrogance and disregard.  Consequently, meaningful relationships have been unnecessarily hurt and individuals have been left to think that they were intentionally deleted from online communication.  I believe that it is not only important but long overdue for people to speak up.  Please feel free to post any comments or personal experiences you may have about your specific account experiences.  I submitted a lawsuit to address this on behalf of myself and all those I have truly cared about.  It is currently being heard in the Santa Clara Northern District Court of California.  There is currently a second amended complaint scheduled to be ruled on March 18th, 2011 and court appointed mediation scheduled on March 23rd. There is also outstanding consideration pending for a possible class action status.

Young v. Facebook, Inc. - 5:2010cv03579
Comments and questions can be sent to mskbyoungblog@aol.com
Sincerely,

Karen Beth Young

Dismissed by the District Court
Young v. Facebook court ruling information can be viewed at -
http://www.graydonhead.com/index.php?option=com_docman&amp;task=cat_view&amp;gid=55&amp;Itemid=44

Case currently being reviewed by the court
Motion to Dismiss - March 18, 2011 - Taken under submission by the court
Mediation Conference - March 23, 2011 - Postponed by all parties at this time

Class Action Case Information -
http://youngvfacebookincamendedcomplaint.blogspot.com/

Original Complaint -
http://www.scribd.com/doc/36038284/Young-v-Facebook-Complaint

Amended Complaint -
http://www.scribd.com/doc/49805523/Young-v-Facebook-Inc-Amended-Complaint

Plaintiff Reply To Motion to Dismiss -
http://youngvfacebookreply.blogspot.com/2011/03/plaintiff-reply-to-motion-to-dismiss.html

Articles -
http://blogs.forbes.com/kashmirhill/2010/09/01/maryland-woman-sues-after-being-banned-by-facebook/

http://themoderatevoice.com/84808/how-much-power-are-we-giving-facebook/

http://www.actualites-des-journaux.com/rue89/faux-profils-facebook-ma-tuer-puis-ma-ressusciter/

http://blog.ericgoldman.org/archives/2011/05/facebook_user_l.htm