Is offering a means to break one's own policy legal?

Question

A friend's kid's High School has a strict policy against using social media during school time. My friend agrees, and made sure the kids' access to social media is blocked on all the devices they own. However, the school distributed laptops to kids without any social media blocks. When my friend contacted the school about it, the response was that the kids should be mindful of the school policies, and, if they would use the social media (to which they have access only via the laptops the same school distributed) they will be punished.

Is this an example of entrapment? Is this any different than, say, placing an open bottle of vodka in front of a teen who never asked for it, and "expecting" him not to drink it, and holding him responsible if he does?

Answer 1

Entrapment is when a law-enforcement organization, or other parts of a government working with an LEO, entice a person to violate a law, and then prosecute the person for that violation, usually arresting the person first.

Note that this definition of "entrapment" is US-specific, and does not apply in all other countries, perhaps not in any other county. But then, the question is tagged for California.

As the school presumably does not intend any criminal prosecution, these actions are not legally entrapment, even if they are morally similar.

Entrapment is not itself illegal even when it leads to criminal charges. That is to say, the police and prosecutor cannot be charged criminally for engaging in entrapment, nor sued for money damages by the person entrapped. However, entrapment can be a defense. If a person charged with crime can show that the crime only occurred because of entrapment, that will generally be grounds for acquittal. In addition, many people consider entrapment to be morally and ethically wrong.

Generally, for a situation to be entrapment legally, a person must not only have an opportunity to break a law, but must be actively persuaded or enticed to do so, and the idea must come from the entrapper.

However, the question says that the school "has a strict policy against using social media during school time". If the students retain the laptops outside of school hours (as they may well do) it might be fine with the school to use social media during those times, so perhaps school authorities don't think a blocker is needed.

In any case there is no legal requirement for the school to install a social media blocking program, even if use of the school-issued laptops to access social media is against school rules at all times.

A parent could install a blocker, unless school rules for use of the laptops prohibit doing so.

Of course, in later life, people will almost surely encounter situations where they could do something unlawful or forbidden, but should not. An employer might provide access to computers, but forbid using them to access porn, even though no blocking software is in place.

It is also not a bad idea to check school-issued laptops for possible privacy violations. There have been cases where school IT departments or contractors routinely activated built-in web-cams, ostensibly as an anti-theft measure, but in fact observing private situations, including inside the student's home.