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School Admins Demand Access to Students' Cellphones

Reverberant writes "School administrators in Framingham MA have implemented a policy allowing them to not only confiscate cell phones, but also to search through students' cell phone data as part of their anti drug/violence efforts. Students claim that the policy is an invasion of their privacy."

20 of 836 comments (clear)

  1. Kids these days... by NexFlamma · · Score: 5, Insightful

    What these kids don't understand is that simply by attending the school they lose the majority of their rights. Since they are minors, the school becomes their de facto guardian while they are there, and thusly, it has power that supercedes their rights.

    1. Re:Kids these days... by Anonymous Coward · · Score: 5, Interesting

      Then (big leap, I do realise), what's to stop the schools from manditory cavity searches? I mean, after all, they are de facto guardian... And what about the students that are 18 and in school, is the school STILL the de facto guardian? If not, then what right (legally, besides anything their handbook says) would the school have to take the phone?

    2. Re:Kids these days... by Umbral+Blot · · Score: 5, Insightful

      That might be legal, but is it right?

    3. Re:Kids these days... by TubeSteak · · Score: 5, Interesting
      In addition, the school does not have the investigative power to identify these items in question - this is handled by the police and they require a search warrent.
      If a teacher or school official has "reasonable suspicion", they can search you.

      You = Your person, your bag and your effects
      (No they can't strip search you)

      'Your' locker is usually not yours.
      Usually, school policy states it is the school's.
      This means it is always fair game to be searched.

      Your statement that teachers do "not have the investigative power to identify" is meaningless. They do have the power to investigate & they aren't making a legal finding of fact. If it involves suspected drugs or suspected stolen property, they're going to call the police, who will not require a warrant to do anything, since the teacher has already done the search.

      My guess is they want to poke through student's cell phones to dig up recent txt messages (I wnt 2 by drgs) and phone numbers. Now they have reasonable suspicion to extend their search(es). Evidence of any other crimes/violations of school policy are probably going to be fair game too.

      Moral of the story: If the school can, it will. Don't keep/take evidence of crimes at/to school.
      --
      [Fuck Beta]
      o0t!
    4. Re:Kids these days... by mariox19 · · Score: 5, Insightful

      You beat me to it, because I think this is the most important point of the whole issue.

      Part of the purpose of school, and in raising kids in general, is to socialize them: meaning, to raise them so that they will be able to live in society. I am not for minors having the full-fledged rights of adults; but, we have to remember that how we raise them will affect what kind of adults they turn out to be. For kids, school is, to a great degree, society. The society we create for them in school is the society they will learn to live with.

      When kids have to show ID at every turn, live out their day under the surveillance of security cameras, surrender their personal belongings on the whim of any authority figure, so on and so forth, it is far more likely that the great mass of them will grow up to be the kind of adults that will submit to an overbearing authority that allows them few rights.

      It's one thing when this kind of policy is instituted in a private school. I still think it's a bad idea; but, the parents sent the kid there and had a choice as to where to send him. But, if we are talking about a government school (though, the euphamism in the US is "public" school), this presents, in my opinion, a serious threat to our future. Public schools in the US hold a near monopoly in education; and though I am not going to accuse the government of a concious conspiracy to indoctrinate the youth of america with anti-liberal ideas, the results, if such policies become widespread, will be no different.

      To my mind, adults act as the custodians for the rights of kids: releasing various rights to kids as they become able to handle them responsibly. I'm all for adults being in charge; but any responsible adult realizes the grave responsibility he has towards the kids with which he has been given charge, and weilds that power in the service of raising kids to be responsible adults jealous of their liberty, rather than cowed wretches with no backbone in the face of authority.

      Kids deserve respect above all; and this needs to trump the illiberal policies instituted under the cover of promoting "safe schools."

      --

      quiquid id est, timeo puellas et oscula dantes.

    5. Re:Kids these days... by mysidia · · Score: 5, Interesting

      IANAL either, however, I believe the custodial position must be used in the kid's interests. Analyzing the kid's cell phone data for some vague reason is not in the kid's direct interests, even if it's supposed to help "anti drug/violence efforts," whatever that means -- the only possible use for the information is in effect to harm the kid, so the school has no right to forcefully operate the kid's private property so to access private information that is contained.

      The school would have no more right to do this then they would have to put a keylogger on their lab computers, gather students usernames&passwords, and peruse the contents of students' e-mail boxes for their "anti swear-word/hacking" campaign.

      Custodianship is not a blank check, and there are rights that custodians do not have -- even the parent would have no right to analyze the data, except for the fact, that the parent probably has legal ownership of the cellphone, and can therefore use the phone as they like and freely examine the data stored on that basis, because they OWN the device; if the kid paid for the phone and the phone service, then not even the parent has a right to operate the phone.

      Analyzing the phone requires operating it in a way.

      One issue however: if a password isn't required to access the information, then it may not be that private anyway -- a stranger could just as easily access the information, if the owner lost the phone, and this might be part of an effort to return the phone to its rightful owner. Rather than rely on some vague privacy rights to protect them: cell phone owners should erase sensitive data from their phones, or at least password the devices, and keep them locked when not in use.

    6. Re:Kids these days... by jdbartlett · · Score: 5, Insightful

      Frankly, an unwarranted cavity search performed on a minor without the express permission of a legal de jure guardian is tantamount to child molestation.

      Schools have few more "rights" than babysitters.

    7. Re:Kids these days... by JW.Axelsen.Sr. · · Score: 5, Funny
      what's to stop the schools from manditory cavity searches?
      fathers with handguns
    8. Re:Kids these days... by Aaron+England · · Score: 5, Insightful

      Student's "don't shed their constituiotnal rights... at the schoolhouse gate."
      - Tinker v. Des Moines

    9. Re:Kids these days... by Miamicanes · · Score: 5, Interesting

      I turned 18 in October of my Senior year in high school. I tried to sign my own permission form for a field trip (crossing out "son/daughter/ward" and writing "SELF" above) and hand it in, but was told I couldn't. Over the next few weeks, I pursued the matter up the bureaucracy chain until I finally got an appointment with the principal himself, trying to get someone to quote the exact written rule that actually prohibited legally-adult students from signing their own permission slips. The best I got was, "Look, that's just the way it is. If you don't like it, get a lawyer and take it up with the school board."

      My mom thought I was being silly... my dad was semi-amused... but neither would finance the lawyer, which unfortunately ended the matter there since I didn't personally have the cash to pursue the matter further.

      Looking back, I'm convinced that if hell exists, people die, then are forced to relive high school over and over for all eternity. I feel sorry for today's high school students. Things were bad in the late 80s, but dear god... the crap kids have to endure NOW from AuthoriNazi administrators is just over the top.

    10. Re:Kids these days... by Tweekster · · Score: 5, Insightful

      Interesting point, the parent owns the cellphone, the child cannot therefore give consent to have the phone searched by school officials. The parent just needs to claim THEIR privacy was invaded and the school has a new problem.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    11. Re:Kids these days... by Spock+the+Baptist · · Score: 5, Insightful

      Beyond the rights of the student...

      I gave my cell phone to my teen so that I could contact them when I need to.

      It's my rights that I'm concerned with here.

      While it is true that schools have in loco parentis powers those powers do NOT supersede my rights, authority, and responsibility as a parent.

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    12. Re:Kids these days... by Frobnicator · · Score: 5, Insightful
      From TFA:
      School officials reserve the right to look through the cell phone when they suspect a student has drugs or stolen goods, according to Principal Michael Welch. ... The rule complies with federal law, which says a school can conduct searches when there is "reasonable suspicion" that a student has contraband.
      As for your other statement...

      If you need to get in touch with your kid, there is an established procedure for that: Contact the office. It may take a few minutes longer, but it won't end up disturbing the entire class while your kid figures out that it is his phone, digs it out of the bag, and starts chatting in the middle of a test or lecture.

      --
      //TODO: Think of witty sig statement
  2. Children forced to use encryption? by MarkByers · · Score: 5, Insightful

    Who exactly needs a cellphone at school?

    Noone needs a cellphone. Humanity survived before we even invented them. We don't need cars either. We survived without cars. You're missing the point though.

    Creating technology is a good thing and why we shouldn't we take advantage of it? It can be useful, fun or just interesting. If people want cellphones for whatever reason, why not? I can think of many reasons why having a cellphone is better than not having one. I don't see why people should have to justify it though. If someone else wants a cellphone they should be allowed to ahve one as long as they aren't breaking any laws, or in this case, school rules (such as turning them off during the classes).

    The real question is are school administrators allowed to reading their pupils diaries? What if their diary is stored on their cellphone? Should we give up all our privacy for the 'thinkofthechildren' and 'terrorism' projects?

    I say no. It's annoying that we are forced to use encryption to protect ourselves from our own authorities, but if that is what is required, so be it.

    --
    I'll probably be modded down for this...
  3. What a shocker by Anonymous Coward · · Score: 5, Interesting

    I'm not suprised at all by this.

    At my public high school in Texas, they do the exact same thing, in addition to a few other things...

    You're not allowed to leave campus for lunch, but students do anyway. However, if you get caught by security guards driving on their golf carts patrolling the student parking lot, they will search your car. If they find any "contraband" (pocketknife, lighter, drugs, OTC medicine including cough drops) you get an instant suspension. Here in Texas they love their Zero Tolerance laws.

    There is also another degredation of rights where I go to, pertaining to violence. If someone walks up to you and flat out punches you for no reason, you cannot do anything. If you fight back to defend yourself, you will be instantly suspended as well as the perpetrator. A kid last year was jumped by another student who stabbed him with a sharpened lead pencil, and when he fought back, eventually knocking the attacker to the ground and kicking him, he got suspended. He didn't even know his attacker.

    So, if you are suprised by this, don't be. It's sadly nothing new.

  4. It's quite simple... by Anonymous Coward · · Score: 5, Insightful

    The kids just enter names like 'pot dealer' with the principles home number. They text threatening things to their friends in jest, all pre-agreed between parties. They enter 'Osama bin laden' with the number of their local FBI field office. They text each other about fictional big-time drug deals and terrorist plots. They overload the system with so much false information that the entire exercise becomes pointless and a huge administrative burden.

    The staff should give the pupils full access to their mobile phones as a gesture of good will, you never can be sure what those pesky teachers get up to in their personal lives.

  5. Not only the children, parents lose rights too by Shivetya · · Score: 5, Insightful

    One thing that has been common among "progressive schools" is that parents lose many of their rights governing the activities of their children once they cross the threshold of the school. For a society which likes to admonish parents for not holding their children accountable, discipling them, many think its okay for schools to usurp the parents choices. If you diminish the values of parents the children will lose respect for those values and you get the problem you claim you were trying to avoid.

    In many areas of the country the schools have been too invasive into families and worse they are nearly immune to correction. This is just another symptom of failing schools. When on the downward spiral you make damn sure all those who can criticize you fear you in one way or another. An "unusual" mark on a child - automatic suspicion of child abuse. Too thin, child abuse. Too fat, child abuse. DFACs should know!!! Bad grades, must be from a bad home environment; again child abuse!

    Want absurd? One guy at work mentioned that a neighbor got a letter from the school's counselor. Seems the kid didn't like what he did or did not get in his lunch his mom sent him to school with. The school actually wrote a letter suggesting that the parents aceed to their child's wishes or give him money to buy a school lunch or snacks!!!

    Too many of the schools are run by arrogant self style intellectuals. Another person at work recently moved so his wife could teach in a new school district all to get out from overbearing peers whose views of how children and parents should be handled came close to being unethical. There are many good teachers and administrators but too many are cowed by those who know the system and use it againts "non-conforming teachers", students, and even parents.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  6. Re:Property rights by TubeSteak · · Score: 5, Informative

    ACLU of Northern California
    http://www.aclunc.org/students/guide/searches.html

    "Can the principal or a teacher search me?

    Yes, but only under certain specific circumstances, because you don't give up your right to privacy when you go to school. Under the law, if a school official wants to search you, there are two requirements. First, before he or she searches you, there must be a "reasonable suspicion," based on facts, that the search will produce evidence that you are violating the law or a school rule. For example, the principal would have to have specific information that would lead a reasonable person to believe that a student is carrying a weapon, drugs or cigarettes. Second, the way he or she searches you should be "reasonable" based on your age and what is being searched for.
    These restrictions apply to searches of a student's person (i.e., pat down of clothes, emptying pockets) and any personal belongings, including backpacks, lunch bags, or cars (if they are on school grounds)."

    Reasonable suspicion = all your base are belong to school

    "Remember: if the principal asks if you agree to a search and you say yes, you can turn an illegal search into a legal search."

    --
    [Fuck Beta]
    o0t!
  7. It has to work both ways by Revolver4ever · · Score: 5, Insightful

    I went to Brooklyn Technical High School in New York and it was PLAGUED with scandals. Sexual abuse, underage sex, corrupt principal, teachers stalking kids, etc. You can read about our principal here: http://en.wikipedia.org/wiki/Brooklyn_Technical_Hi gh_School. Just scroll to the bottom for "Lee McCaskill controversy".

    Now I'm all for schools trying to keep drugs and weapons out of schools. But when the school administration itself is playing dirty, who can you trust? What if a pervert of a teacher accuses a girl of selling drugs and looks at her cell phone?

    If a school wants cell phone access for safety, then students (or at least the PTA) should have the same rights. I want to know that my principal is not spending school money to build a house. I want to know that my math teacher is not buying underage kid porn somewhere. I want to know that my dean is not in anger management classes. And so on. Seems extreme and strange for us to have this information right? Well that's the same way students feel when you take their cell phones and look through them.

    --
    If O2 is good, O3 must be 1.5 times better!
  8. Earls vs. Board of Education of Tecumseh PSD, 2002 by jdbartlett · · Score: 5, Informative

    You can read more about reasonable suspicion here. Disturbingly:

    The Supreme Court held in Earls vs. Board of Education of Tecumseh Public School District (2002) that random drug testing was `reasonable' and did not violate the Fourth Amendment. The Court also held schools served as `guardian and tutor', could exercise `greater control than those for adults' and had `important interests' in the health and safety of students. The Court finally held that schools did not need to show an `individualized suspicion' nor a `demonstrated problem of drug abuse' and there was no `threshold level' of violation that needed to be satisfied.

    Since it's been established that cell phones are fair game, could this ruling be used in defence of random cell phone checks?

    I'd ask what next, but I fear I already know.