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At a school board meeting ~ a year ago, opponents of the high school's Computer Initiative predicted that the administration would not be able to control the student's access to inappropriate internet sites...

It would allow the computer department to monitor student activity and it limited access to the network and internet. This configuration was protected by an administrative password and, as our administration discovered, the laptop could be easily reconfigured by curious students when the password was not secured...

At least one student figured it out and passed it along until ~ 80 - 100 of the students had access to it...

the Kutztown Police Department notified the parents of 13 high school students that their children were being charged with the crime of Computer Trespass. This offense is graded by the state as a felony of the 3rd degree.

This put Dan in a dilemma. He had to help her--but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books...

In his software class, Dan had learned that each book had a copyright monitor that reported when and where it was read, and by whom, to Central Licensing...

There were ways, of course, to get around the SPA and Central Licensing. They were themselves illegal. Dan had had a classmate in software, Frank Martucci, who had obtained an illicit debugging tool, and used it to skip over the copyright monitor code when reading books.

For those that haven't followed the story, here is the link to a site representing the student's side of the story: http://www.cutusabreak.org/

In meetings with students over the last several days, the Berks County, Pa., juvenile probation office has quietly offered the students a deal in which all charges would be dropped in exchange for 15 hours of community service, a letter of apology, a class on personal responsibility, and a few months of probation.

"The probation department realizes this is small potatoes," said William Bispels, an attorney representing nearly half the accused students.

The 13 initially were charged with computer trespass and computer theft, both felonies, and could have faced a wide range of sanctions, including juvenile detention.

The Kutztown Area School District said it reported the students to police only after detentions, suspensions, and other punishments failed to deter them from breaking school rules governing computer usage. (See "Felony charges for computer-abusing kids.")

But the students, their families, and outraged supporters around the nation said that authorities overreacted, punishing the kids not for any horrible behavior but because they outsmarted the district's technology workers.

The trouble began last fall after the school district issued some 600 Apple iBook laptops to every student at the high school, about 50 miles northwest of Philadelphia.

Students easily breached security and began downloading forbidden internet programs, such as the popular iChat instant-messaging tool. Some students also turned off a remote monitoring function that let administrators see what students were viewing on their screens--or used the monitoring function to view administrators' own computer screens.

School district officials and prosecutors did not return phone messages left Aug. 25 and had not been heard from by press time.

In legal terms, the students have been offered an "informal adjustment"--the least severe form of punishment.

Bispels said a few students are thinking about refusing the deal because they don't feel they have broken any laws. "A lot of these parents would like to fight this on principle, but it's hard to put the kids at risk on principle," he said.

Mike Boland, who represents one student, said his client likely will accept the offer. "It doesn't require my client to acknowledge he is guilty of anything," he said.

"It's about as mild as you can go," agreed James Shrawder, whose 15-year-old nephew was among those offered the deal. "It's more of a face-saving measure."

One student who has had prior dealings with the juvenile probation office was not offered a deal. That case is expected to proceed.

Links:

Students' web site
  http://www.cutusabreak.org

Kutztown Area School District's response
  http://www.kasd.org/districtinfo/kasdPressrelease. htm

I wonder if there is a way to trick them into auditing you even if you have never agreed to their license. Then maybe you could charge them with trespass or harassment. If you're in Pennsylvania, you might even be able to hammer them with a third degree felony, like they did to those high school kids.

Is it your position that every police officer must always ticket every person they see exceeding the speed limit or safely rolling through a stop sign instead of coming to a complete and utter stop?

The kids are now charged with felonies, and you're mentioning traffic violations? In some states, traffic violations aren't even considered to be crimes, only `infractions' (it depends on the state.)

If a cop sees you speed, nobody's likely to get on his case for giving you a warning or just letting you go, unless you're a celebrity and he stops to have his picture taken with you and it becomes public knowledge.

This case is different. The school district claims that a crime has occurred, and it seems quite likely that the law has been violated in some manner (though I don't think the police should have been involved.) And they're pressing charges.

There's a big difference between a victimless crime like speeding, and a case where you DO have a victim, you DO have evidence, and the victim is actively pushing for the police to take action.

Do you have a shred of authority backing up your position?

I would cite to castle rock, _ U.S_ (2005) for the proposition that police have wide discretion not to arrest people.

Colorado law has not created a personal entitlement to enforcement of restraining orders. It does not appear that state law truly made such enforcement mandatory.

In any event, the police usually don't know much about computers, and they certainly aren't equipped to judge the merits of a case without even talking to the people accused of the crime. I'd say the police chief's reaction was appropriate, even if the case turns out to have no merit (though I doubt this will happen. Though the DA may very well decide not to prosecute, or the school district may drop the charges.)

If you actually read the letter, you'd see he even asked the DA for advice, who suggested that charges be filed.

Or you could just call and complain:

http://www.cutusabreak.org/Pages/policeletter.html

Hmmmm can just see the police switchboard getting slashdotted now! :D

If you didn't RTFA then you missed the student's website

Speaking of phone numbers, and regarding the psychotic school district who charges their curious and evil hacker children as felons when they try to do naughty things with their impenetrable Macs...

The phone number of the Kutztown Borough Police Department is 610-683-3545 and the extension of Officer Walt Skavinsky, who wrote this beautiful thing is 145. If he is not in, please leave a message and he will return it as soon as possible, so says the letter.

If you'd rather fax him something, 610-683-9270 will get the job done.

If you didn't RTFA then you missed the student's website