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Lower Merion School District Update

Mike_EE_U_of_I and jargon82 were among a number of readers who sent an update on the Lower Merion School District webcam spying case (see Related Stories for our discussions of the affair over the last couple of months). The school had originally stated that capturing laptop photos in students' homes had only happened 42 times. It turns out what they meant was that there were 42 instances when they began intensive surveillance on the suspected stolen computers. This consisted of (among other things) transmitting a picture from the laptop's webcam every 15 minutes. This may have gone on for weeks. In total, it appears that there were thousands of photos. One of the key administrators involved has been answering all questions about the program by invoking the Fifth Amendment.

367 comments

  1. Surprise, Surprise by WrongSizeGlass · · Score: 5, Insightful

    Pics of the kid sleeping and "half dressed". Who knows what else they have of other kids. They are in deeeeeeep guano.

    1. Re:Surprise, Surprise by fuzzyfuzzyfungus · · Score: 5, Funny

      "No, no, your honor! It isn't what it sounds like! The images are called naughty_underage_schoolgirls0001.jpg through naughty_underage_schoolgirls0987.jpg because they are schoolgirls we suspected of stealing laptops, which is naughty, and we didn't want them to be charged as adults, because they are just students still... You have to believe me!!!"

    2. Re:Surprise, Surprise by poena.dare · · Score: 2, Interesting

      "Deep" doesn't even begin to cover it. Read the Philly articles if you haven't. Massive Collective Stupidity by Adults that Should have Known Better!

      Jon Stewart's got at least a weeks worth of material to joke about here.

    3. Re:Surprise, Surprise by Locke2005 · · Score: 3, Insightful

      Massive Collective Stupidity by Adults that Should have Known Better! You are grossly overestimating the intelligence of the average school administrator!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    4. Re:Surprise, Surprise by 0100010001010011 · · Score: 4, Funny

      You mean Giggity*.

      *Seniors over the age of 18 only.

    5. Re:Surprise, Surprise by bennomatic · · Score: 0

      In other news, I like your sig.

      --
      The CB App. What's your 20?
    6. Re:Surprise, Surprise by poena.dare · · Score: 4, Interesting

      I'd laugh, but my son (14) is in a new public school this year and I have discovered I have literally enrolled him in what can only be described as a war zone - on top of which the Good Guys are frighteningly stupid, reactionary, and hidebound.

    7. Re:Surprise, Surprise by Rob+Riggs · · Score: 0

      Massive Collective Stupidity by Adults that Should have Known Better! You are grossly overestimating the intelligence of the average school administrator!

      Yeah, knowing they were school administrators, the first half of the sentence (though redundant) made sense. He lost me once I hit the second half.

      --
      the growth in cynicism and rebellion has not been without cause
    8. Re:Surprise, Surprise by Sulphur · · Score: 1

      Is the visual lojack program open source?

      --

      If a notebook computer is used atop a Physics, Chemistry, or Biology building, then is it a labtop?

  2. You know what they caught... by AnonymousClown · · Score: 5, Insightful

    I'm sure they must've caught some of the kids masturbating.

    --
    RIP America

    July 4, 1776 - September 11, 2001

    1. Re:You know what they caught... by Anonymous Coward · · Score: 2, Informative

      I hope so. Then it becomes a CP case.

      But this is bad news. It looks like they have found their patsy, and it is this woman. This woman does indeed deserve severe punishment, as she has seen much of the content and was making fun of the kids and families (according to the local channel 29 news). My fear is that it will stop at this IT administrator, and the school board, and the administration will get off scot-free.

    2. Re:You know what they caught... by zero_out · · Score: 3, Insightful

      Don't forget the district's insurer. They'll be paying when judgment is found in the plaintiffs' favor.

    3. Re:You know what they caught... by Locke2005 · · Score: 4, Informative

      she... was making fun of the kids and families

      Gee, a public servant with utter contempt for the people she is being paid to serve... what a surprise!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    4. Re:You know what they caught... by spun · · Score: 0, Flamebait

      Gee, someone stereotyping all public servants as contemptuous, what a surprise.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    5. Re:You know what they caught... by Anonymous Coward · · Score: 0

      Gee, sarcasm, what a surprise.

    6. Re:You know what they caught... by Qzukk · · Score: 3, Insightful

      Gee, threads that drag a joke on too long on slashdot, what a surprise.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:You know what they caught... by Anonymous Coward · · Score: 0

      gee, sarcastically pointing out the obvious, what a surprise

    8. Re:You know what they caught... by Anonymous Coward · · Score: 0

      I'm sure they must've caught some of the kids masturbating.

      whew, at least I'm not the only perv who though of that

    9. Re:You know what they caught... by ooshna · · Score: 3, Funny
      Gee, if I just write another line starting with gee will I get modded funny?

      Probably not more like redundant

    10. Re:You know what they caught... by Rockoon · · Score: 0, Redundant

      Gee, nobody modded you at all, what a surprise.

      --
      "His name was James Damore."
    11. Re:You know what they caught... by Anonymous Coward · · Score: 0

      And then the district's students will pay when money that should have gone toward their education has to instead go to higher insurance rates.

    12. Re:You know what they caught... by Inner_Child · · Score: 0, Redundant

      Gee, guessed you missed the boat with that observation, what a surprise.

      --
      Today is red jello day - all workers must eat all of their red jello. Failure to comply will result in five demerits.
    13. Re:You know what they caught... by Anonymous Coward · · Score: 0

      I hope so. Then it becomes a CP case.

      Oh that's not how you get Cerebral Palsy.

    14. Re:You know what they caught... by Anonymous Coward · · Score: 0
      Yeah I thought sure they would scapegoat some random IT person and perhaps Miss "Your eating drugs we caught you on the camera, never mind "what camera". "

      Too bad it's really just going to cost the students...

      Can the families in the suit ask for the jobs of the people (including school officials) and lawyer fees (perhaps the lawyers could do the case pro-bono) only?

      Is the school board elected there? Time for a re-election?

    15. Re:You know what they caught... by zero_out · · Score: 1

      That would be the property owners, which are mostly upper middle class, empty nesters, with 90% of homes selling for $500K - $2M.

      Four of the last 5 years I lived within a 5 minute drive of Lower Merion, and a buddy of mine has a daughter that's a Freshman (Sophomore?) in the school system there.

    16. Re:You know what they caught... by Mr.+Freeman · · Score: 1

      Oh, you're right. I guess we should then completely ignore the fact that school administrators were distributing child pornography because punishing them might indirectly harm the education of a few other students.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    17. Re:You know what they caught... by d1r3lnd · · Score: 1

      Golly, I bet you feel silly.

  3. Lightbulb? by MozeeToby · · Score: 5, Interesting

    One of the key administrators involved has been answering all questions about the program by invoking the Fifth Amendment.

    No doubt he was instructed by his lawyer to do so. At least this means that the 'Oh Shit' lightbulb has finally gone off in someones head, someone finally is realizing that this could very easily end up with jail time and a spot on the sex offenders registry.

    1. Re:Lightbulb? by noodler · · Score: 3, Informative

      He is a she...

    2. Re:Lightbulb? by WrongSizeGlass · · Score: 1

      RTFA, you insensitive clod! The administrator who invoked the Fifth was a woman. Jumping to those sexist assumptions will end with all men getting a bad name.

    3. Re:Lightbulb? by DigiShaman · · Score: 1

      We (men) already have a bad reputation. What's this "getting" part, we got way past that a long ass time ago!

      --
      Life is not for the lazy.
    4. Re:Lightbulb? by Sponge+Bath · · Score: 5, Funny

      He is a she...

      ...as you are me and we are all together.
      Goo goo ga joob.

    5. Re:Lightbulb? by Anonymous Coward · · Score: 0

      Maybe this is my ignorance, but typically when some one "takes the fifth" they're refereeing to the self-incrimination clause of the fifth amendment. I've always assumed that since its a self-incrimination clause, you had to be guilty of some crime (or at least possibly guilty) in order to invoke it.

    6. Re:Lightbulb? by ElSupreme · · Score: 5, Insightful

      Well you don't have to be guilty. If there was a murder, and I did not commit it, I can refuse to answer questions that may incriminate myself. Like if I were to say I was in the same hotel in the next room that could be used against me in the court of law.

      You should NEVER answer questions when being questioned. NO MATTER WHAT. Get a lawyer and have them speak for you. As they CAN NOT incriminate you.

      --
      My addiction: Arguing with idiots. AKA Slashdot!
    7. Re:Lightbulb? by ElectricTurtle · · Score: 0, Offtopic

      A woman, eh? Well, why didn't you say so! In that case...

      ...niiiicccccce...

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
    8. Re:Lightbulb? by MaskedSlacker · · Score: 0, Offtopic

      Too late...

    9. Re:Lightbulb? by mjwalshe · · Score: 1

      could end up? from what I understand child porn is a strict liability offence some people will be on the sex offenders register for life has the head been sacked yet?

    10. Re:Lightbulb? by spun · · Score: 0, Troll

      "We" don't have a bad reputation, so speak for yourself. Sure, society has become slightly more egalitarian and we white men can't lord it over others like we used to, but some of us consider that a good thing. Here's a tip for you: women loathe self-pitying misogynistic losers.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    11. Re:Lightbulb? by corbettw · · Score: 5, Funny

      Pfft, just like a chick to assume that men are sexist.

      --
      God invented whiskey so the Irish would not rule the world.
    12. Re:Lightbulb? by corbettw · · Score: 1

      What's this "we" shit, white man? No one I know would ever assume I'm any kind of sexist pig.

      Now if you'll excuse me, I need to tell my wife to make me a samwich.

      --
      God invented whiskey so the Irish would not rule the world.
    13. Re:Lightbulb? by Deadstick · · Score: 5, Insightful

      I have to say...seeing school administrators being treated to "zero tolerance" would be very sweet schadenfreude.

      rj

    14. Re:Lightbulb? by TooMuchToDo · · Score: 4, Informative
      http://www.youtube.com/watch?v=i8z7NC5sgik

      Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police.

    15. Re:Lightbulb? by bennomatic · · Score: 1

      Sort of. As the other poster indicated, you are protected from giving testimony that would build a case against yourself, even if you were not guilty. If, for instance, in a moment of anger, you had yelled, "I'm going to f'ing kill you!" at someone who was later killed, but you hadn't killed that person. If the victim told someone else about that incident before his/her death, the question might come up, and you should not have to answer it, regardless of whether it was or wasn't you who killed the person.

      But beyond that, my understanding is that not incriminating yourself is not limited to the case being prosecuted. For example, if an answer to a question in a murder case might implicate you as an embezzler (rightly or wrongly), you can and should take the 5th on that one as well.

      --
      The CB App. What's your 20?
    16. Re:Lightbulb? by poetmatt · · Score: 2, Interesting

      they still can anyway.

      I believe there are ways you can be asked to answer questions anyway, right? Such as when the evidence is presented? Or is that when they can put you in for contempt of court?

      I'm not a lawyer so maybe someone else can help clarify, but I thought fifth amendment has situations where you can't simply invoke it?

    17. Re:Lightbulb? by boristdog · · Score: 3, Insightful

      You should NEVER answer questions when being questioned. NO MATTER WHAT.

      It can never be said enough: ALWAYS follow the above advice.

      Cops and prosecutors are as lazy as anyone else and ten times as suspicious as anyone else. YOU are their first suspect because you have your mouth open and you have some knowledge of the crime.

      NOTHING good comes of talking to them without a lawyer present. NO matter HOW innocent you are.

      I used to be the designated person to report missing property when I worked for the state IT dept. (Probably because I was the whitest, most eloquent and innocent looking person working there.) I've been seriously grilled, accused and even cuffed to a chair once when REPORTING crimes. I had to do this at least once a quarter. I quickly realized why my boss (an older black woman) had me do it instead of her.

    18. Re:Lightbulb? by Attila+Dimedici · · Score: 3, Informative

      The summary is badly misworded (whether by mistake or intentionally is left to your judgement). The article that is linked to says that she answered questions at her deposition by pleading the Fifth ammendment. That means that when she was questioned by the plaintiff's attorney under oath she pled the Fifth. Which is always the best decision. If you are ever questioned under oath by an attorney who is out to get you, plead the Fifth or you are likely to be charged with perjury for answering a question incorrectly because you forgot (or someone else remembers the situation differently. Look what happened to "Scooter" Libby).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    19. Re:Lightbulb? by minion · · Score: 2, Insightful

      One of the key administrators involved has been answering all questions about the program by invoking the Fifth Amendment.

      No doubt he was instructed by his lawyer to do so. At least this means that the 'Oh Shit' lightbulb has finally gone off in someones head, someone finally is realizing that this could very easily end up with jail time and a spot on the sex offenders registry.

      Actually, I hope they all end up on the sex offenders registry, and get the book thrown at them... Not because they are sex offenders per say (I doubt their intention was to see naked kids), but they should have thought through the potential issues with photographing the viewer of the laptop screen. I hope the judgment is harsh for two reasons:

      1) Its a gross violation of privacy, the 4th Amendment, and basically human decency.
      2) Things that get you on the sex offenders list needs to be changed - its too easy to have sex with your 17 year old gf when you're 18 and end up as a sex offender. Those laws need to be re-evaluated.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    20. Re:Lightbulb? by Anonymous Coward · · Score: 1, Insightful

      Um, that's when you are being questioned by an officer of the court while in court, Einstein. When a reporter asks you a question and you 'plead the fifth' it just makes you look like more of a moron than you were before. The fifth amendment is protection in a COURT OF LAW. Your Miranda Rights are protection against the police. Saying 'No comment' is protection against reporters.

    21. Re:Lightbulb? by Anonymous Coward · · Score: 0

      If you have been granted immunity, or are the victim of "enhanced interrogation". In the case of immunity, you can still refuse to testify but you will be "held in contempt of court" and imprisoned until they can break you. Typically this means you get sent to the local jail with a "special treatment" flag, depending on the case.

    22. Re:Lightbulb? by mcgrew · · Score: 1

      That won't keep her out of jail.

    23. Re:Lightbulb? by nomadic · · Score: 1

      Here's a tip for you: women loathe self-pitying misogynistic losers.

      Well, self-pitying at least, lots of them like misogynistic losers for some reason.

    24. Re:Lightbulb? by digitalunity · · Score: 4, Informative

      I'll undo about 10 points of moderation to comment here.

      No. You're free to keep your mouth shut when being interrogated by police or in a courtroom if that information may incriminate you in any crime.

      You can still be compelled to testify about another person, under threat of contempt and jail. A good example would be you being ordered by a judge to testify regarding a crime you're aware of, but did not participate in. If you did participate in it though, you could still invoke the 5th amendment and simply tell the judge you believe your testimony may be incriminating.

      The right to not incriminate yourself is nearly universal, and for good reason. The original intent was not to allow guilty people to hide behind a legal shield, but to prevent innocent people from being forced to testify against themselves.

      In a police state, without the 5th amendment, the police can very easily coerce confessions for crimes people didn't commit. This is one reason why even sometimes a confession isn't an open & shut case. Under some circumstances, the confession is tossed out due to 5th amendment rights. In some cases, something as simple as the interrogator sitting between the door and the suspect has been used, because such can be interpreted as coercion of someone who is otherwise free to leave at any time.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    25. Re:Lightbulb? by DigiShaman · · Score: 1, Flamebait

      LOL, you're not very familiar with our legal system are you? It's exceedingly biased toward women and minorities. If your a white male, you already have a legal handicap.

      --
      Life is not for the lazy.
    26. Re:Lightbulb? by mjwalshe · · Score: 1

      yes I mentioned this case to a mate whos a chair of goveners at a UK school and he was agast that the head and the staff hadn't been fired.

      and the tabloids would be calling for the head of the local education authority on a platter.

    27. Re:Lightbulb? by ultranova · · Score: 2, Insightful

      In a police state, without the 5th amendment, the police can very easily coerce confessions for crimes people didn't commit.

      Whereas, with the 5th amendment, that's the District Attorney's job, and the process is called "plea bargain". Huge improvement.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    28. Re:Lightbulb? by guruevi · · Score: 2, Insightful

      Depends on how hot she is (http://en.wikipedia.org/wiki/Debra_Lafave)

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    29. Re:Lightbulb? by Anonymous Coward · · Score: 1, Informative

      I believe that would be "make me a sammich!"

    30. Re:Lightbulb? by Jaysyn · · Score: 3, Funny

      Don't call them chicks, broads hate that.

      --
      There is a war going on for your mind.
    31. Re:Lightbulb? by hondo77 · · Score: 1

      ... or you are likely to be charged with perjury for answering a question incorrectly because you forgot (or someone else remembers the situation differently. Look what happened to "Scooter" Libby

      "...one count of obstruction of justice; two counts of perjury; and one count of making false statements to federal investigators." Yes, a simple "I forgot". That must have been why he was convicted.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    32. Re:Lightbulb? by spun · · Score: 1

      True, take Bombshell McGee and Jesse James, for instance. Step dad touch you much, lady? You might try counseling rather than dating losers that remind you of him. But I wouldn't say lots of women are like this. And certainly not many of the smart ones.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    33. Re:Lightbulb? by hondo77 · · Score: 1

      You hafta tell her to make you a sammich? Sheeeit, man. My wife better have my sammich waiting for me when I get home!

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    34. Re:Lightbulb? by spun · · Score: 0, Troll

      I call bullshit. The system is still biased towards white men.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    35. Re:Lightbulb? by mcgrew · · Score: 3, Funny

      Q: How many feminists does it take to screw in a lightbulb?
      A: THAT'S NOT FUNNY YOU SEXIST PIG!!!!

    36. Re:Lightbulb? by nomadic · · Score: 1

      Ehh, I wouldn't necessarily discount smart women. In my experience smart women (like smart men) are also likely to get involved in a destructive relationship with a loser.

    37. Re:Lightbulb? by CohibaVancouver · · Score: 1

      NOTHING good comes of talking to them without a lawyer present

      If you haven't been charged, there's no point to the lawyer. Unless you've been charged, all the lawyer can or will do is tell you not to say anything. Once you've been charged, definitely lawyer up.

    38. Re:Lightbulb? by spun · · Score: 1

      Maybe so, but in my experience they are more likely to learn from their mistakes and stop dating losers. In general, the whole 'women only date misogynistic losers' idea seems to emanate from misogynistic losers who think of themselves as nice guys, but still can't get a date, or from men with no self esteem and poor social skills. Actual nice guys with confidence and self esteem never seem to have many problems getting dates, unless they are fat, ugly, and/or poor.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    39. Re:Lightbulb? by nomadic · · Score: 1

      Maybe so, but in my experience they are more likely to learn from their mistakes and stop dating losers. In general, the whole 'women only date misogynistic losers' idea seems to emanate from misogynistic losers who think of themselves as nice guys, but still can't get a date, or from men with no self esteem and poor social skills. Actual nice guys with confidence and self esteem never seem to have many problems getting dates, unless they are fat, ugly, and/or poor.

      I think it's more complicated like that, and I certainly don't think women only date misogynistic losers; in fact I think a significant majority of women (at least past the age of 21), tend to make perfectly reasonable dating choices. I do think a significant minority of women (and again, men) seem to make irrational and self-destructive choices, and it's never (or almost never) about a failure of intelligence.

    40. Re:Lightbulb? by AmberBlackCat · · Score: 1

      I'm not seeing the biased toward minorities part.

    41. Re:Lightbulb? by spun · · Score: 1

      Hehe, "It's more complicated than that," is almost always true. Certainly so in any case regarding human motivations and love. But yeah, when you put it in terms of a 'significant minority' (which I'm guessing means anywhere from 20-49%) then I completely agree.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    42. Re:Lightbulb? by Kreigaffe · · Score: 1

      Don't tell her too hard or the neighbors might start askin' how she keeps falling down stairs when your house is one story

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    43. Re:Lightbulb? by DigiShaman · · Score: 1

      Try Affirmative Action. Also known as reservation, positive discrimination, and employment equity in other parts of the world.

      --
      Life is not for the lazy.
    44. Re:Lightbulb? by Attila+Dimedici · · Score: 1

      He was convicted because his account of a conversation from several months earlier differed from that of the only other person who was part of that conversation. The prosecutor convinced a jury that the reason that his account differed was because he lied. We now know that he neither committed the "crime" being investigated, nor did he know who had done so. Not only that, but we know that the "crime" being investigated wasn't a crime. How do you "obstruct justice" when there was no crime?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    45. Re:Lightbulb? by Anonymous Coward · · Score: 0

      >"The right to not incriminate yourself is nearly universal"

      Sadly not in England and Wales any more. In the words used in the caution on arrest "It may harm your defence if you fail to mention when questioned something you later rely on in court"
      In other words, while it is not an offence to remain silent (unless you are asked for encryption keys - in which case you're looking at 5 years) the jury can be asked to draw an inference from your silence: that you have no answer to the charge, or that the explanation you've only just come up with at trial is a lie you hadn't thought of at the time you were questioned by police.
      On the plus side, police aren't allowed to lie to you in interview.

    46. Re:Lightbulb? by DerekLyons · · Score: 1

      In a police state, without the 5th amendment, the police can very easily coerce confessions for crimes people didn't commit.

      Whereas, with the 5th amendment, that's the District Attorney's job, and the process is called "plea bargain". Huge improvement.

      Nope. When you enter a plea, you are [generally] required to plead guilty - which you can refuse to do by pleading the 5th. The District Attorney can only coerce you if you allow it.

    47. Re:Lightbulb? by Myopic · · Score: 1

      You have the right to remain silent.

      Anything you say, even before you are charged, can and will be used against you in a court of law.

      Thus, in order to keep anything you say from being used against you in the court of law, you should invoke your right to remain silent. That's the point to having a lawyer even if you haven't been charged.

    48. Re:Lightbulb? by mikechant · · Score: 1

      "sudo make me a sandwich"

    49. Re:Lightbulb? by Thing+1 · · Score: 1

      its too easy to have sex with your 17 year old gf when you're 18 and end up as a sex offender.

      Bah. Sex doesn't even have to be involved. "It's too easy to take a leak on a long deserted stretch of highway, and end up on the sex offender's list."

      I actually witnessed some idiot pissing on the side of North Station get arrested by two officers who just happened to walk by at the wrong time. Don't know if he got on the list, though.

      --
      I feel fantastic, and I'm still alive.
    50. Re:Lightbulb? by Anonymous Coward · · Score: 0

      So, like Clinton then? Impeached over not being truthful about something that wasn't illegal?

    51. Re:Lightbulb? by CohibaVancouver · · Score: 1

      you should invoke your right to remain silent. That's the point to having a lawyer even if you haven't been charged.

      Definitely - But you don't need a lawyer to 'invoke' anything and remain silent. All you need to do is shut your mouth and stare at the floor. I have friends who are criminal defense lawyers. If you call them all they'll say is 'stay silent, call me back if you're charged.'

    52. Re:Lightbulb? by Myopic · · Score: 1

      Good point. I concede it. I'd still definitely suggest having a lawyer there while you stare at the floor.

    53. Re:Lightbulb? by mcgrew · · Score: 1

      Shortly before the trial was scheduled to begin, the boy's mother learned that it was to be covered by Court TV and agreed to a plea bargain with no prison time

      It doesn't sound like the hotness was such a factor -- and that photo at wikipedia makes her look like a dog.

  4. Fifth Amendement Right by CheshireCatCO · · Score: 5, Insightful

    One of the key administrators involved has been answering all questions about the program by invoking the Fifth Amendment.

    Which, to be fair, is entirely his or her right. Trying to infer guilt from this (tempting though it may be) violates what most of us stand for. Tossing that statement in at the end of the summary seems to be an attempt to imply guilt, though.

    (Which isn't to say that I don't think this program was stupid and criminal.)

    1. Re:Fifth Amendement Right by HarrySquatter · · Score: 3, Insightful

      Where have you been lately? If you're accused of a crime it clearly means you're already guilty. How dare you go against the mob mentality!

    2. Re:Fifth Amendement Right by religious+freak · · Score: 1

      I thought only "natural people" could invoke the fifth amendment... can a school do it? SHE isn't the person on trial, the school is... right?

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    3. Re:Fifth Amendement Right by twidarkling · · Score: 5, Insightful

      I don't think it's an attempt to imply guilt, but more show the cracks in the formerly unified stance of the board et al. Fifth Amendment invocation is different than "no comment," and it shows that some members are starting to think of themselves, rather than the message.

      --
      Canada: The US's more awesome sibling.
    4. Re:Fifth Amendement Right by 99BottlesOfBeerInMyF · · Score: 1

      I thought only "natural people" could invoke the fifth amendment... can a school do it? SHE isn't the person on trial, the school is... right?

      Regardless of who or what is being investigated, any individual can invoke the 5th unless they have been granted immunity from prosecution. And just because you work for an organization or company does not mean you won't be prosecuted for crimes you commit on the job. Generally, they prosecute you then the victims go after the organization in civil court for not properly supervising you or for encouraging you to do it.

    5. Re:Fifth Amendement Right by zero_out · · Score: 1

      The school is the primary defendant in this civil case, but that doesn't preclude the possibility of criminal cases stemming from this. If she did something that might be (borderline) criminal, then she would want to shut up about it, rather than risk criminal prosecution.

    6. Re:Fifth Amendement Right by Anonymous Coward · · Score: 0

      True enough, but from just what is know without her testimony, it is enough for a multi-million dollar settlement and possibly a sex offender registry after jail time.

      Further, answering questions about a school program bt pleding the 5th is way problematic as the kids are forced to go. Don't parents have a right to know what goes on with their kids?

      This is closer to a government transparency problem, and if an offical pleded the 5th, I'd want him gone. Forever.

    7. Re:Fifth Amendement Right by mooingyak · · Score: 5, Informative

      Anyone can invoke the 5th amendment if they believe that answering the question will incriminate them. It doesn't matter if they are on trial or not. If you were accused of murder, and I saw you do it while I was across the street robbing a convenience store, I might choose to invoke the 5th rather than explain what I was doing while I saw you commit your act.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    8. Re:Fifth Amendement Right by AndersOSU · · Score: 2, Informative

      Lately?

      It's always been that way. The whole innocent until proven guilty concept is actually quite radical - and even then it only applies to the governments assumptions - private citizens are free to assume whatever they want.

    9. Re:Fifth Amendement Right by bluefoxlucid · · Score: 1, Insightful

      Actually, the fifth amendment right being invoked is a balancing mechanism. You're not allowed (legally) to invoke the fifth amendment for any statement that isn't self-incriminating, by definition; therefor, when you refuse to answer questions on those grounds, you indicate that you believe at least one of two things:

      • You're guilty of the crime you're charged with
      • You're guilty of another crime

      At this point, we essentially know you're guilty of something; and by asking the right questions, we can force your answers to necessarily not contain other incriminating evidence of any relevance. In other words, it's dead easy to determine what exactly you're holding back, and prove your guilt.

      However, because of the way the law is intended (not written...), we can't include that as evidence; your invocation of this right is completely off-the-record for purposes of determining guilt. More interestingly, invocation of the fifth amendment when you're not hiding anything self-incriminating could be assessed as perjury; so we again know you're guilty of one thing or another, but can't exactly prove what.

    10. Re:Fifth Amendement Right by QuantumRiff · · Score: 2, Insightful

      I think it was put in there, because the students weren't given the opportunity to excercise that right (nor the 4th amendment). How nice of that administrator to hide behind the very document they tried to shred to pieces.

      --

      What are we going to do tonight Brain?
    11. Re:Fifth Amendement Right by Anonymous Coward · · Score: 1, Funny

      But but if youve nothing to hide youve nothing to fear and dont need to keep silent.

    12. Re:Fifth Amendement Right by rhizome · · Score: 1

      Trying to infer guilt from this (tempting though it may be) violates what most of us stand for.

      There are real differences between civil and criminal juries. In civil suits, a jury is not very likely to give a person who invokes the fifth the benefit of the doubt, so what is happening here is that she's saving her own skin while possibly undercutting the school's defense. As far as a jury would be concerned, that is.

      At the end of the day, though, civil suits are decided on a preponderance of evidence rather than a shadow of a doubt, so if the defense only ever invokes the fifth, they aren't supplying any evidence for their own benefit.

      --
      When I was a kid, we only had one Darth.
    13. Re:Fifth Amendement Right by Sir_Lewk · · Score: 3, Interesting

      Or the third option: "You may or may not be guilty of another crime, and talking may incriminate you if you are."

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    14. Re:Fifth Amendement Right by Just+Some+Guy · · Score: 1

      Trying to infer guilt from this (tempting though it may be) violates what most of us stand for.

      I disagree. You obviously can't convict someone based on their invocation of the 5th, but you can darn well form an opinion of that person and their actions.

      --
      Dewey, what part of this looks like authorities should be involved?
    15. Re:Fifth Amendement Right by mi · · Score: 2, Informative

      therefor, when you refuse to answer questions on those grounds, you indicate that you believe at least one of two things:

      • You're guilty of the crime you're charged with
      • You're guilty of another crime

      By your logic, it is impossible to invoke the Fifth Amendment without admitting belief in your own guilt...

      Such thinking is wrong, of course, and defeats most of the purpose of the Amendment... One may be perfectly innocent and do the invoking merely to ease their defense, for example...

      --
      In Soviet Washington the swamp drains you.
    16. Re:Fifth Amendement Right by Anonymous+Psychopath · · Score: 1

      I don't think it's an attempt to imply guilt, but more show the cracks in the formerly unified stance of the board et al. Fifth Amendment invocation is different than "no comment," and it shows that some members are starting to think of themselves, rather than the message.

      IANAL but I'm pretty sure "no comment" won't fly in a deposition. If you don't want to answer the questions the Fifth is the only method.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    17. Re:Fifth Amendement Right by Anonymous Coward · · Score: 1, Insightful

      I'm free to infer anything I want about her because she took the fifth. I'm not the judge and I'm not the jury. The constitution doesn't require me to be stupid and ignore something so blatant. Just like I don't have to listen to someone's free speech if I don't want to.

    18. Re:Fifth Amendement Right by MrOctogon · · Score: 5, Insightful

      No way. The fifth amendment also protects the completely innocent.

      Remember, "Anything you say can and will be used against you in a court of law". The cops have no obligation to use anything in court that may help you, so saying you are innocent serves no purpose.

      Often the best course is to shut up, get a good lawyer and let the evidence speak for itself.

    19. Re:Fifth Amendement Right by ElSupreme · · Score: 1

      No just being at the school (or in reality being questioned by police) she should invoke the 5th so that they can't use any information even remotly linking her with the ability to commit a crime.

      Speak through your lawyer people.

      --
      My addiction: Arguing with idiots. AKA Slashdot!
    20. Re:Fifth Amendement Right by Toonol · · Score: 1

      I think an innocent person could take the 5th to avoid the appearance of guilt. I.E., they might not want to admit being in a particular place at a particular time, even though they've done nothing wrong by any standard, because such an admission would incorrectly give weight to the prosecution's argument.

    21. Re:Fifth Amendement Right by MozeeToby · · Score: 1

      Or C:

      The answer to the question will make me appear guilty.

    22. Re:Fifth Amendement Right by dkleinsc · · Score: 4, Informative

      The Fifth Amendment reads "no person ... shall be compelled in any criminal case to be a witness against himself". Not "no person ... shall be compelled in any criminal case to incriminate himself". So no, we don't know that you're guilty of something, only that you've refused to be a witness in your case.

      Every single (fair) judge in the country will instruct a jury that did not hear the defendant's testimony that they cannot infer anything from the fact that the defendant did not testify. That's established precedent.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    23. Re:Fifth Amendement Right by MaskedSlacker · · Score: 1

      Regardless of who or what is being investigated, any individual can invoke the 5th unless they have been granted immunity from prosecution.

      Pretty sure you can always invoke the 5th, period. There may be no reason to do so if you have immunity from prosecution, but you can still do it (particularly if there are other things you don't have immunity for).

    24. Re:Fifth Amendement Right by 0100010001010011 · · Score: 5, Interesting

      Never Talk To Police. It's 27 minutes. There aren't many visuals so you can listen to it in the background.

      Basically NEVER TALK to police. Just don't. If you do have to say something let it be along the lines of: "Am I under arrest or am I free to go", "Do you have a warrant".

      I was once arrested. AFTER being read my rights one cop kept pressing the issue. "What were you doing, why were you there" over and over and over. After the 4th time I asked him to please read me my rights again. Which he did. But he continued to ask. At which point I told him I was invoking my right to remain silent. He still pressed the issue.

      This was brought up in court and helped my case, since it was seen as 'badgering'.

    25. Re:Fifth Amendement Right by MaskedSlacker · · Score: 1

      Possessing images of naked children is WAY beyond borderline criminal.

    26. Re:Fifth Amendement Right by Anonymous Coward · · Score: 0

      I think there is a stigma attached to the Fifth Amendment that it is implicit of guilt. Tossing it at the end of the summary is accurate reporting and you the reader made the inference.

    27. Re:Fifth Amendement Right by clarkkent09 · · Score: 1

      Not at all. True, in criminal cases claiming the 5th is not to be used as evidence of guilt by the court. Private citizens such as ourselves have no obligation not to infer guilt from it. In civil cases the silence CAN be used as evidence of guilt. Some quotes from SCOTUS justices (from wikipedia):

      The Supreme Court has held that "the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them." Baxter v. Palmigiano, 425 U.S. 308, 318 (1976). "[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, 'Silence is often evidence of the most persuasive character.'" Id. at 319 (quoting United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 153-154 (1923)). "'Failure to contest an assertion...is considered evidence of acquiescence...if it would have been natural under the circumstances to object to the assertion in question.'" Id. (quoting United States v. Hale, 422 U.S. 171, 176 (1975)).

      Further, the 5th can legally only be used to prevent self-incrimination. It is illegal to refuse to answer questions where the answer would not incriminate you. In essence it is an admission of guilt except that you refuse to provide the details.

      I other words we have every right to assume she is guilty as hell. My torch is ready, where is the mob?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    28. Re:Fifth Amendement Right by Beryllium+Sphere(tm) · · Score: 1

      It is also the right of the school district to fire her.

      Ms. Cafiero has a Constitutional right not be thrown in jail without a fair process. She does not have a Constitutional right to her job.

    29. Re:Fifth Amendement Right by bongey · · Score: 1

      Please what a load a crap . http://www.youtube.com/watch?v=i8z7NC5sgik .

    30. Re:Fifth Amendement Right by characterZer0 · · Score: 1

      If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him.

      -Cardinal Richelieu (disputed)

      --
      Go green: turn off your refrigerator.
    31. Re:Fifth Amendement Right by Anonymous Coward · · Score: 1, Funny

      And what if the school is guilty? Are they gonna take the whole building to prison or are they gonna build a wall around it?

    32. Re:Fifth Amendement Right by corbettw · · Score: 1

      That's not what the right protects. It just says you can't be forced to be a witness against yourself. You don't have to be guilty of a crime to refuse to testify about something you may or may not know.

      --
      God invented whiskey so the Irish would not rule the world.
    33. Re:Fifth Amendement Right by eleuthero · · Score: 1, Interesting
      The problem is, they were apparently 1) tracking stolen school equipment and 2) used on board hardware to help with tracking. This strikes me as genius rather than stupidity. From the actual article (not the blog),

      The district has said it turned on the camera in Robbins' computer because his family had not paid the $55 insurance fee and he was not authorized to take the laptop home.

      The student stole the laptop. There should be no expectation for privacy from the stolen device. If someone steals my phone, I want the phone company, the police, whoever, to record the calls, to take pictures of the location, to track internet activity and check the gps of the phone. This is reasonable. As a school teacher, this is reasonable. What would be unreasonable is if this were a situation where the software were activated without this setting.

    34. Re:Fifth Amendement Right by Troy · · Score: 1

      It seems like a good time to point to this video:

      http://video.google.com/videoplay?docid=-4097602514885833865#

      It was recorded a few years ago by a law professor at Regent University. Founded by Pat Robertson (700 club), Regent gained some notoriety over the Bush years as being the alma matar of a disproportionately large number of folks in the Bush administration (specifically the Justice Department).

      I think it pretty thoroughly debunks the interferences you make about invoking the 5th amendment.

    35. Re:Fifth Amendement Right by profplump · · Score: 1

      Further, the 5th can legally only be used to prevent self-incrimination. It is illegal to refuse to answer questions where the answer would not incriminate you. In essence it is an admission of guilt except that you refuse to provide the details.

      Could you provide a citation for that? I could be wrong, but that doesn't jive with my understanding of the law.

    36. Re:Fifth Amendement Right by lawnsprinkler · · Score: 0

      What are you talking about? You could invoke the 17th Amendment of the Martian Constitution if you want and not answer. Or you could just not answer. The 5th Amendment has no bearing on a situation in which you are not otherwise legally compelled to answer anyone.

    37. Re:Fifth Amendement Right by Darinbob · · Score: 1

      This is wrong. You can invoke the 5th amendment if you believe you may be incriminated by doing so. That doesn't mean you think you're guilty, but because you believe that it may provide evidence to the prosecution to help convict you. Ie, if there is circumstantial evidence for instance, which does not prove guilt but can definitely be used to sway the jury's opinion. Contrary to what many believe, you don't need proof to be convicted (ironically it often takes even more rigorous evidence to get a conviction reversed).

      So citing the 5th amendment should absolutely never be taken as an implicit admission of guilt by the public. That defeats the whole purpose. Of course it is true that the general public, once they've become convinced of someone's guilt will take any action or lack of action as further proof. This is just natural human bias and illogic at work.

    38. Re:Fifth Amendement Right by belmolis · · Score: 1

      No. If you are granted immunity, you can forced to testify.

    39. Re:Fifth Amendement Right by Rogerborg · · Score: 1

      IANAL either, but I can't see why saying "Fifth Amendment" is some sort of required magic ritual. Surely right exists regardless of whether you speak of it, or even know of it?

      --
      If you were blocking sigs, you wouldn't have to read this.
    40. Re:Fifth Amendement Right by Qzukk · · Score: 1

      you indicate that you believe at least one of two things:

      Or a third: that you believe you are innocent but that the police will twist whatever you say to try and make you look guilty, which is true in just about every situation and jurisdiction. You have a right to remain silent for a reason, and the cops are serious when they say "anything you say can and will be used against you in a court of law".

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    41. Re:Fifth Amendement Right by belmolis · · Score: 5, Insightful

      First, taking home a school laptop in this situation would be a violation of school rules and possibly a civil matter, but not theft. For it to be a theft, there would have to be a reason to believe that the kid intended to keep it.

      Second, the school district's excuse doesn't fit the facts. There's no indication that they didn't know that the kid had the laptop. It was issued to him, and there's no indication that, however they discovered that it wasn't at school, they even bothered to ask him about it. In any case, if they had actually been trying to find a missing laptop, why would they have kept the camera on for two weeks? Did it really take that long to identify the kid? And when he was finally confronted by the school administration, why did they not punish him for improperly taking the laptop home if that was the issue? According to the press accounts, that issue was not raised. Instead, they raised the bogus issue of him popping pills that were actually candy.

    42. Re:Fifth Amendement Right by Archangel+Michael · · Score: 1

      Or the fourth option: You say something you shouldn't have and become guilty of a new crime you never even contemplated breaking before they started questioning you.

      The Fifth Amendment right is there to protect you from yourself. If I ever get asked a question by police or other law enforcement I'm taking the Fifth on principle, so I don't screw myself mistakenly.

      See Martha Stewart and Scooter Libby* for fine examples of opening your mouth when you should have shut up.

      *No I'm not saying anything about whatever crimes they may or may not have committed, just that they went to jail for what they said to a law enforcement official during an "investigation" of alleged crimes.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    43. Re:Fifth Amendement Right by clarkkent09 · · Score: 1

      I don't have a citation, that's just my understanding. Hope any lawyers can chime in. A quick google search gives a million results that say the same thing, i.e. that you can be compelled to answer questions except those that would incriminate you personally, but I'm too lazy to find an authoritative source worth citing.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    44. Re:Fifth Amendement Right by russotto · · Score: 1

      Actually, the fifth amendment right being invoked is a balancing mechanism. You're not allowed (legally) to invoke the fifth amendment for any statement that isn't self-incriminating, by definition; therefor, when you refuse to answer questions on those grounds, you indicate that you believe at least one of two things:

              * You're guilty of the crime you're charged with
              * You're guilty of another crime

      Doesn't work that way in criminal cases. If you're the defendant, you can only invoke the Fifth Amendment at trial by refusing to testify entirely. And you don't have to answer anything the prosecutors ask you beforehand, whether or not you ultimately testify.

    45. Re:Fifth Amendement Right by Rogerborg · · Score: 0

      You're not allowed (legally) to invoke the fifth amendment for any statement that isn't self-incriminating, by definition

      Correct! You win an Internets.

      The only protection afforded by the Fifth is that No person [...] shall be compelled in any criminal case to be a witness against himself .

      Now, bleeding heart hippy liberals (hello, Slashdot!) think that means that you can refuse to answer any question, but that's not a protection afforded you by the Bill of Rights. Your only protection is against being compelled to make a statement which would incriminate yourself.

      Thus, if you are asked a question of the form "Did you take pictures of nekkid kids?" then you can invoke the Fifth. However, if you are asked "Only you and Bob could have taken the pictures? Which one of you did it?" then you can only refuse to answer if you did it. If Bob did it, then you have no Fifth Amendment protection, and you must incriminate Bob, or be held in contempt. If you refuse to answer, a jury draw inference from your refusal. The Bill of Rights offers you no protection from that.

      --
      If you were blocking sigs, you wouldn't have to read this.
    46. Re:Fifth Amendement Right by Attila+Dimedici · · Score: 1

      I don't think it's an attempt to imply guilt, but more show the cracks in the formerly unified stance of the board et al. Fifth Amendment invocation is different than "no comment," and it shows that some members are starting to think of themselves, rather than the message.

      You can't answer "no comment" when giving a deposition, which is what was going on when this individual invoked the Fifth Ammendment. The summary is badly misleading. When it says "answering all questions", most people will assume that the person in question invoked the Fifth Ammendment when questioned by reporters. The article does not say that the person in question was ever questioned by reporters. It says that they answered questions in a deposition by invoking the Fifth.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    47. Re:Fifth Amendement Right by Aldenissin · · Score: 2, Informative

      And I am pretty sure the moment that you do, you will likely lose immunity according to terms of said immunity agreement. So, they just have to leave the best for last, and then everything you said beforehand can now be used against you, since immunity is now null and void. A good attorney can negotiate what you can't be questioned on as a condition of your testimony in exchange for immunity.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    48. Re:Fifth Amendement Right by Aldenissin · · Score: 1

      Unfortunately that conflicts with a SCHOOL possibly taking naked pictures of students and trying to punish them for eating CANDY they assumed were drugs. No matter what a child has done, they have the right not to be photographed nude. It apparently struck them as genius as well, but were you with them, you would be in the same hot water for not thinking a little more critically.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    49. Re:Fifth Amendement Right by digitalunity · · Score: 1

      You can also be forced to testify about crimes in which you did not participate.

      For example, you know your boss is embezzling money but you don't want to testify because that may affect your job. Well, you can be compelled to testify anyway. If you participated in the embezzling, you can invoke the 5th amendment, even if you're not the defendant in that court case.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    50. Re:Fifth Amendement Right by Aldenissin · · Score: 1

      I agree, I am pretty sure the law was written in fact, to protect the INNOCENT. The guilty get a free pass since it is more important to let the guilty go as long as an innocent person does as well.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    51. Re:Fifth Amendement Right by digitalunity · · Score: 1

      I have a picture of me naked in the bathtub when I was 2. Does that make me a criminal? Or just my mom, for taking the picture? Or maybe my dad for having it developed also...

      While the line is always moving for what constitutes criminality regarding pictures of naked children, this indeed sounds like a pretty clear case this time. It isn't universal though.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    52. Re:Fifth Amendement Right by loners · · Score: 1

      You can take the fifth in this question. If you knew he took pictures and did not report it then you are an accomplice after the fact.

    53. Re:Fifth Amendement Right by digitalunity · · Score: 1

      Not sure who modded you up, but you're dumb.

      This is a civil case. They will pay a fine and/or could be ordered to stop certain tortuous conduct. If the plaintiff is seeking an order forcing the school district to immediately stop any and all surreptitious and furtive electronic observation of students and a jury finds them guilty, then it is so ordered that the school district must immediately comply. The judge is responsible for determining what remedies the plaintiff can legally ask for and guiding the jury through instructions under what circumstances each remedy applies to.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    54. Re:Fifth Amendement Right by digitalunity · · Score: 1

      Not really. There is no special phrase or magic combination of words you must say, but you must convey that you are not answering because the response may incriminate yourself.

      That's it. And as I've pointed out in a few other posts today, there are times when you cannot invoke the 5th amendment.

      Judges are aware too that suspects are often unknowing of their own rights. In many states, a judge can assign you an attorney to provide you counsel, even if you wish to represent yourself. This is important because people who aren't lawyers rarely understand all of their rights. Judges have also thrown out testimony and confessions made by people before, for the simple fact that they weren't Mirandized before or there is some evidence that the testimony or confession may have been coerced.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    55. Re:Fifth Amendement Right by Grimbleton · · Score: 1

      Naked children != Child pornography.

    56. Re:Fifth Amendement Right by digitalunity · · Score: 1

      During a deposition, you must either be responsive or invoke the 5th amendment. There's no middle ground. You're under oath and your responses are to be treated as if you're in a court room, in front of a judge.

      You don't have to respond to reporters and you don't need any legal reason to do so, 5th or otherwise - they have no power to compel you to do anything.

      The 5th amendment definitely can be invoked during a deposition.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    57. Re:Fifth Amendement Right by Anonymous Coward · · Score: 0

      The "Anything you say can and will be used against you in a court of law" is even trickier than that. Mot only will anything you say be held against you, but it *can't* be used in your favor. Anything that is in your favor will be deemed as "hearsay" and inadmissible in court. At least that's my understanding, but IANAL.

    58. Re:Fifth Amendement Right by clone53421 · · Score: 1

      Incorrect! You fail at internets lawyering.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    59. Re:Fifth Amendement Right by ultranova · · Score: 1

      I have a picture of me naked in the bathtub when I was 2. Does that make me a criminal?

      Yes.

      Or just my mom, for taking the picture?

      Yes.

      Or maybe my dad for having it developed also...

      Yes.

      We live in a sick, sick world, my friend.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    60. Re:Fifth Amendement Right by clone53421 · · Score: 2, Insightful

      The student stole the laptop.

      Really! He stole it?

      Did the school file a police report on the “stolen” item? Did they make a reasonable effort to identify the “thief” and then to promptly inform police of whose door to break down to recover the “stolen” item? Did they contact the poor student whose laptop was “stolen” to inform him that the laptop assigned to him had been “stolen” and to assure him that it would be tracked and recovered?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    61. Re:Fifth Amendement Right by Anonymous Coward · · Score: 0

      so it is ok for me to take your car for a few days? I will give it back.

    62. Re:Fifth Amendement Right by clone53421 · · Score: 1

      Give me six lines written by the most honest man, and I will find something there to hang him.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    63. Re:Fifth Amendement Right by ultranova · · Score: 1

      Now, bleeding heart hippy liberals

      When a sentence begins with something like this, it's written by either a troll, a political tool, or a honest to goodness moron. Which one are you?

      Thus, if you are asked a question of the form "Did you take pictures of nekkid kids?" then you can invoke the Fifth. However, if you are asked "Only you and Bob could have taken the pictures? Which one of you did it?" then you can only refuse to answer if you did it. If Bob did it, then you have no Fifth Amendment protection, and you must incriminate Bob, or be held in contempt. If you refuse to answer, a jury draw inference from your refusal. The Bill of Rights offers you no protection from that.

      So in short, the 5th amendment has no meaning. You can only refuse to answer if you're guilty, and the jury knows that, so it's as good as a confession.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    64. Re:Fifth Amendement Right by Jaysyn · · Score: 3, Interesting

      Bullshit.

      Tracking stolen equipment is an excuse they came up with after they got caught with their hand in the cookie jar.

      Why didn't they discipline the student for theft instead of eating Ike & Mikes?

      Why didn't they take the laptop back from the kid when they realized that the insurance wasn't paid on it?

      Does the student *still* have the laptop in question?

      What about the other 41 incidences?

      Quit being so disingenuous.

      --
      There is a war going on for your mind.
    65. Re:Fifth Amendement Right by Tanktalus · · Score: 1

      That seems rather bizarre. What's the point of invoking the fifth when you're only allowed to do it when you're actually guilty? That's basically saying, "Yeah, I'm guilty, and there's nothing you can do to get me to say so!"

      If it's declining to respond "on the grounds that it may or may not incriminate me" then you have to be able to use it even if it won't incriminate you. Otherwise it's basically useless.

    66. Re:Fifth Amendement Right by MaskedSlacker · · Score: 1

      You can always invoke the fifth, for any question. The purpose of the fifth isn't just to avoid admitting you committed the crime directly under investigation, but also to avoid incriminating yourself in any other crimes the police (or even yourself in some cases) may not know about.

    67. Re:Fifth Amendement Right by MaskedSlacker · · Score: 1

      Spy cam in a naked child's bedroom though?

    68. Re:Fifth Amendement Right by MaskedSlacker · · Score: 1

      Does that make me a criminal? Or just my mom, for taking the picture? Or maybe my dad for having it developed also...

      Depends on the DA in your district. It wouldn't be the first some time someone has been investigated for photos of their own kids so the DA/Sheriff could plump their resumes.

    69. Re:Fifth Amendement Right by operagost · · Score: 1

      That's not quite true. If you did something that would appear to be evidence you were involved in the commission of the crime (things like being in a certain place at a certain time, or saying certain things), that's what the 5th Amendment is meant to protect.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    70. Re:Fifth Amendement Right by Jaime2 · · Score: 1

      Pleading the fifth is kinda similar to "no comment". However, it reveals more about the question than the answer. You are supposed to invoke the fifth when someone asks you a question that is inappropriate, not when you want to hide your answer. By inappropriate I mean that asking someone a question that boils down to "did you do it" has no place in our legal system. These lines of questioning pose a logical dilemma: a "bad person" will lie and say they didn't do it, while a "good person" will tell the truth and say they didn't do it. The person who says they did it is either not a very good "bad person", or was confused about the question. Either way, the person's answer will provide no value. This makes it a free question that prosecutors can use to try to intimidate people. If you are being asked these questions, the person asking them is up to no good and you should refuse to answer whether you are innocent or guilty.

      So, common opinion is that someone pleading the fifth is guilty. The truth is that if someone pleads the fifth, and it holds up, then the person asking the questions should be looked at with skepticism. If the fifth ammendment defense is shot down, and the person is compelled to answer, then they might be hiding something.

    71. Re:Fifth Amendement Right by iphinome · · Score: 1

      It appears you've never in your life seen a cop show, let me start you off.

      You have the right to remain silent.

    72. Re:Fifth Amendement Right by Chris+Tucker · · Score: 1

      "The student stole the laptop."

      If you have evidence supporting this assertion, I am SURE you have forwarded it to the appropriate authorities.

      You DID forward it to the appropriate authorities, right?

      RIGHT?

      --
      Guaranteed! This comment 100% Anthrax free!
    73. Re:Fifth Amendement Right by Fred_A · · Score: 1

      Naked children != Child pornography.

      Used to be. Not any more. It would be trivial to find a court to turn anything into child pornography.

      --

      May contain traces of nut.
      Made from the freshest electrons.
    74. Re:Fifth Amendement Right by Fred_A · · Score: 1

      Give me six lines written by the most honest man, and I will find something there to hang him.

      Ah, that would require today's students to be able to write six lines... We may have a problem there.

      --

      May contain traces of nut.
      Made from the freshest electrons.
    75. Re:Fifth Amendement Right by Aldenissin · · Score: 1

      You are right, this was teachers/coaches, so it had to be benign. They didn't inhale, excuse me, they didn't "look", so we need to let this slide. Just like the coaches who were just looking for stolen swim equipment in the girl's locker rooms that made the news recently. I am sure that was all they were doing.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    76. Re:Fifth Amendement Right by Myopic · · Score: 1

      You're absolutely right. Her invocation of the fifth is unnecessary to corroborate criminal guilt. Her guilt is already obvious without that.

    77. Re:Fifth Amendement Right by Thing+1 · · Score: 1

      And just because you work for an organization or company does not mean you won't be prosecuted for crimes you commit on the job.

      Yeah, I'm down with that. I just don't understand how Sarah Palin can get away with her crimes committed while in office, by quitting said office. I mean, the crimes were committed, why isn't there an investigation, even after she left? It's not like I can quit my job to get away with anything.

      --
      I feel fantastic, and I'm still alive.
    78. Re:Fifth Amendement Right by CheshireCatCO · · Score: 1

      Which is perfectly fair and sensible. But of course, adding that she's taking the fifth is superfluous, given that those facts exist.

    79. Re:Fifth Amendement Right by c1ay · · Score: 1

      Keep in mind. Prosecutors want to incriminate you and prove you are guilty no matter if you are guilty or not and they will twist whatever you say to fit their needs. It is there job to prosecute you. There are times when even the innocent should invoke their 5th Amendment Rights, even if it makes others think they are guilty.

      --

    80. Re:Fifth Amendement Right by Rogerborg · · Score: 1

      When a sentence begins with something like this, it's written by either a troll, a political tool, or a honest to goodness moron. Which one are you?

      Sir, you insult me. I have been multitasking online since before there was an online.

      So in short, the 5th amendment has no meaning. You can only refuse to answer if you're guilty, and the jury knows that, so it's as good as a confession.

      Well, it took you long enough to get there, but I'm glad we're on the same page at last.

      --
      If you were blocking sigs, you wouldn't have to read this.
    81. Re:Fifth Amendement Right by Anonymous Coward · · Score: 0

      It's a bit more along the lines of you renting a car, then driving it out of state, or letting someone else drive it, even though the rental agreement says that you won't do those things.

    82. Re:Fifth Amendement Right by bluefoxlucid · · Score: 1

      The jury is required to not make inferences from non-evidence such as this. The judge, strangely, can make some decisions about if the jury is acting in bad faith; but that only happens very rarely, usually in civil cases.

    83. Re:Fifth Amendement Right by eleuthero · · Score: 1

      Do I need to file a stolen property report before or after I activate my [insert device] camera remotely to see if I left it at work ... or in my car...? it is MY [insert device].

      Did they have the right to activate the missing device program? You bet. Should they have done so without contacting the last known party to have it first? Possibly not. This is an ethical issue rather than a legal one.

    84. Re:Fifth Amendement Right by clone53421 · · Score: 1

      Do I need to file a stolen property report before or after I activate my [insert device] camera remotely to see if I left it at work ... or in my car...?

      To make the analogy fit, we’re assuming that the laptop was safe in your car the whole time, you activated the camera and spied on your kid when you loaned him the car, and when you were asked why you violated his privacy you claim that the camera was only turned on because the laptop was stolen. The matter came to light after you called the parents of the 17-year-old girlfriend warning them of possible promiscuous behavior, as she was visible at times in the backseat in various stages of undress making “suspicious movements”.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    85. Re:Fifth Amendement Right by Attila+Dimedici · · Score: 1

      I hope that you responded to the wrong post, since you appear to have restated what I said in my post.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  5. He can plead the Fifth in jail too. by Chas · · Score: 3, Insightful

    One of the key administrators involved has been answering all questions about the program by invoking the Fifth Amendment.

    Hope this asshat understands that pleading the Fifth isn't going to prevent a judge or jury from finding/ruling against him and punishing him.

    "If I don't say anything I'm safe." doesn't work in the real world when you've already been caught.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:He can plead the Fifth in jail too. by WrongSizeGlass · · Score: 0, Redundant

      Hope this asshat understands that pleading the Fifth isn't going to prevent a judge or jury from finding/ruling against him and punishing him.

      RTFA ... SHE invoked HER Fifth Amendment rights.

      FTFA:

      Carol Cafiero, who had previously sought to quash a subpoena ordering her to testify, refused to answer questions pertaining to the district's controversial practice of remotely activating webcams on Apple MacBooks issued to high-school students.

    2. Re:He can plead the Fifth in jail too. by Jaysyn · · Score: 1

      RTFA ... SHE invoked HER Fifth Amendment rights.

      Which will just make things worse for her when the logs are read & the forensics finished.

      --
      There is a war going on for your mind.
    3. Re:He can plead the Fifth in jail too. by PPH · · Score: 2, Interesting

      But what it does is protect her superiors. Do you really think that this was undertaken solely on the initiative of one admin?

      She'll plead the Fifth, the prosecution will figure that there are bigger fish to be had and offer her immunity or a reduced sentence in return for testimony that will incriminate the others.

      --
      Have gnu, will travel.
    4. Re:He can plead the Fifth in jail too. by Burning1 · · Score: 2, Insightful

      Hope this asshat understands that pleading the Fifth isn't going to prevent a judge or jury from finding/ruling against him and punishing him.

      "If I don't say anything I'm safe." doesn't work in the real world when you've already been caught.

      It does prevent you from getting yourself deeper into shit, however.

    5. Re:He can plead the Fifth in jail too. by Anonymous+Psychopath · · Score: 2, Insightful

      RTFA ... SHE invoked HER Fifth Amendment rights.

      Which will just make things worse for her when the logs are read & the forensics finished.

      No, it will merely mean that she used her Constitutional right. She didn't want to give the opposing attorneys ammo they could shoot her with. They'll have to use evidence and facts instead of her own statements, which doesn't appear to make things too difficult for them.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    6. Re:He can plead the Fifth in jail too. by Altus · · Score: 1

      if the logs and forensics are damning then she is screwed anyway. No reason for her to help the process along.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    7. Re:He can plead the Fifth in jail too. by Toonol · · Score: 1

      It seems like you're contradicting herself. You're saying she's doing it to protect her superiors, then saying that her goal is to protect herself by ratting out her superiors.

      The latter is quite possibly true. The former? I can't imagine a mid-level school admin risking prison time to defend her boss.

    8. Re:He can plead the Fifth in jail too. by Zerth · · Score: 1

      Assuming the forensics can get everything:

      ... contend e-mails turned over to them by the district suggest [Carol] Cafiero [the system's administrator] "may be a voyeur" who might have viewed some of the photos on her home computer. The motion says Cafiero, who has been placed on paid leave, has failed to turn that computer over to the plaintiffs despite a court order to do so, and asks a judge to sanction her.

    9. Re:He can plead the Fifth in jail too. by Jaysyn · · Score: 1

      Oh I agree. Never ever cooperate with the police. Ever. It quite literally cannot do you any good.

      They only two things you ever need to ask the cops if you are a suspect in something are:

      1.) Am I under arrest?

      2.) If the above is no, "Can I go now?"

      http://www.youtube.com/watch?v=6wXkI4t7nuc

      --
      There is a war going on for your mind.
    10. Re:He can plead the Fifth in jail too. by Zerth · · Score: 1

      Snippet from that email:

      "a little LMSD soap opera," a staffer is quoted as saying in an e-mail to Carol Cafiero, the administrator running the program.
      "I know, I love it," she is quoted as having replied.

    11. Re:He can plead the Fifth in jail too. by Jaysyn · · Score: 1

      I'm sure with all the available laptops & servers they can look thru that they will find something damning.

      --
      There is a war going on for your mind.
    12. Re:He can plead the Fifth in jail too. by dbkluck · · Score: 1

      She didn't want to give the opposing attorneys ammo they could shoot her with.

      Exactly; she's not pleading the 5th to questions from the police, she's refusing to answer questions from a plaintiff's attorney--the kind of lawyer even other lawyers think are scum. I'd have a hard time faulting Hitler for trying to avoid those kind of questions. I have a lot of sympathy for the kid and his family, but their lawyer gets a hard-on whenever he gets in front of a camera, and he's been more than happy to mouth off about this administrator even she didn't say anything (e.g., she "may be a voyeur.") I think the administrator is guessing--probably correctly--that the lawyer doesn't give a shit about the truth: he wants to get her to say something unseemly so he can blast it in the papers, scare the school district into a higher settlement, and collect his 33%.

      Don't get me wrong, it seems like what the school district did here was absolutely reprehensible; I'm just withholding judgment until I see some sort of investigation by a party (FBI, US Attorney's Office, DA) that doesn't have a financial stake in the outcome.

    13. Re:He can plead the Fifth in jail too. by 517714 · · Score: 1

      How can this be 4: Insightful when 1) the author clearly did not read the F'ng article or he (presumably Chas is a male) would know the gender of the asshat in question and 2) taking the fifth will in fact go a long ways to preventing a judge or jury from punishing her.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    14. Re:He can plead the Fifth in jail too. by ultranova · · Score: 1

      She's protecting her bosses now so she can sell them out later. If she incriminated them right away she'd had nothing to bargain with.

      Welcome to the wonderland of plea bargaining!

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    15. Re:He can plead the Fifth in jail too. by clone53421 · · Score: 1

      It won’t make things “worse”... she’ll be sentenced according to the law. But it also won’t make them better if she is guilty and does get convicted. A confession would probably make things slightly better... they’d be likely to give her a lesser, more lenient punishment (the law will typically specify minimum and maximum penalties). Shorter jail times, earlier chance for parole, etc.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    16. Re:He can plead the Fifth in jail too. by clone53421 · · Score: 1

      She is not dealing with the police anymore. She is talking to judges, juries, and lawyers.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    17. Re:He can plead the Fifth in jail too. by clone53421 · · Score: 1

      Except that if she stubbornly refuses to admit her guilt they’re likely to go for the maximum sentence.

      If she knows she is guilty, then if she would admit it and try to express remorse they’d be much more likely to go for a lighter sentence.

      If she knows she is innocent, OTOH, then I do not fault her at all for not wanting to testify. Anything she says can be used against her and she might inadvertently say something that they could use to falsely implicate her.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    18. Re:He can plead the Fifth in jail too. by Altus · · Score: 1

      That might be true, but right now she is only dealing with the civil trial. I suspect that if criminal charges are filed (and I hope they are, I don't want to see someone get away with a crime just because they work at a school) she will end up pleading guilty in exchange for a reduced sentence.

      Its still a long road though and we may not have seen the last twist in that road.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    19. Re:He can plead the Fifth in jail too. by Zordak · · Score: 1

      If I were defending a person in court and the prosecutor was stupid enough to so much as mentioned my client's failure to testify, my very next move would be a motion for a mistrial. Invoking your Fifth Amendment right to not testify cannot be used against you. If it could, it would be a meaningless right, because it would always be used as a tacit admission of guilt. There are plenty of good reasons for an innocent person to invoke the Fifth, and no good reasons for anybody, guilty or innocent, not to.

      --

      Today's Sesame Street was brought to you by the number e.
    20. Re:He can plead the Fifth in jail too. by PPH · · Score: 1

      Perhaps she's waiting to see who offers the better deal. All the prosecutor can offer is staying out of jail. If there are enough bigshots behind this, it could mean a very comfortable retirement.

      I know one guy who got caught as the patsy for some company wrongdoing. He spent a few months in jail, paid a few hundred K$ in fines. But for admitting to being the sole actor in the crime, he's now better off than he would have ever been working as a corporate officer until retirement.

      --
      Have gnu, will travel.
    21. Re:He can plead the Fifth in jail too. by pclminion · · Score: 1

      They'll have to use evidence and facts instead of her own statements, which doesn't appear to make things too difficult for them.

      While I agree, personally, if I was asked "Did you see any pictures of naked children," I would answer in the negative, not take the fifth. How complex can the ramifications of making that statement possibly be?

      If it turns out my statement was false, and they charged me with giving false testimony... Well, I think that would sort of be the least of my problems at that point.

      Going into particular detail is obviously something to avoid, but what can go wrong by saying "I did not do it?" What am I missing?

    22. Re:He can plead the Fifth in jail too. by Anonymous+Psychopath · · Score: 1

      They'll have to use evidence and facts instead of her own statements, which doesn't appear to make things too difficult for them.

      While I agree, personally, if I was asked "Did you see any pictures of naked children," I would answer in the negative, not take the fifth. How complex can the ramifications of making that statement possibly be?

      If it turns out my statement was false, and they charged me with giving false testimony... Well, I think that would sort of be the least of my problems at that point.

      Going into particular detail is obviously something to avoid, but what can go wrong by saying "I did not do it?" What am I missing?

      Perjury. You're missing perjury.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    23. Re:He can plead the Fifth in jail too. by pclminion · · Score: 1

      That was kind of my point. If I'm not lying, then how is perjury a problem? And if I AM lying, then I've committed a crime worse than perjury anyway.

    24. Re:He can plead the Fifth in jail too. by Anonymous+Psychopath · · Score: 1

      That was kind of my point. If I'm not lying, then how is perjury a problem? And if I AM lying, then I've committed a crime worse than perjury anyway.

      You may be under the impression that the penalty for perjury is no big deal. In the US it's a felony and you can get five years of prison time if convicted.

      Even though perjury is not often prosecuted, if you are concerned about incriminating yourself it is better to use your Constitutional right than it is to commit additional crimes.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    25. Re:He can plead the Fifth in jail too. by pclminion · · Score: 1

      But if I'm telling the truth, how is it perjury? I still don't understand how an innocent person can harm themselves by proclaiming their innocence.

    26. Re:He can plead the Fifth in jail too. by Anonymous+Psychopath · · Score: 1

      But if I'm telling the truth, how is it perjury? I still don't understand how an innocent person can harm themselves by proclaiming their innocence.

      If you're telling the truth, it cannot be perjury. Clearly we agree on this point.

      Just because you believe you have done nothing wrong doesn't mean that necessarily matches the realities of law. If you aren't sure, it's better to be safe than sorry.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

  6. Re:Hip hip hooray! by WrongSizeGlass · · Score: 1, Offtopic

    What a life you must lead, trolling around with that tiny tape measure and asking every guy on the internet to send you pictures of their junk. Hell, you could get a job with the Lower Merion School District with that type of experience.

  7. Subvert it... by Itninja · · Score: 1

    The guy pleads the fifth. No problem. Then grant him immunity from prosecution and take that off the table. Then let the dozens of civil suits eat him alive.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    1. Re:Subvert it... by Sir_Lewk · · Score: 2, Insightful

      She

      And that is a terrible idea. These people need to pay for what they have done. Prison time and sex offender registration, the whole 9 yards.

      Pleading the fifth isn't going to do shit to protect them if the prosecutors have documented evidence showing what they have done, which it seems they have.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    2. Re:Subvert it... by Anonymous+Psychopath · · Score: 1

      The guy pleads the fifth. No problem. Then grant him immunity from prosecution and take that off the table. Then let the dozens of civil suits eat him alive.

      RTFAs. The case in question is a civil suit. I don't see any mention of criminal charges, but I do see mention of state legislation being introduced that would close the legal loophole the school district used.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    3. Re:Subvert it... by MrOctogon · · Score: 2, Insightful

      Exactly. Pleading the fifth does not get you off the hook. It just means they need real evidence to continue.

    4. Re:Subvert it... by MightyMartian · · Score: 1

      If a civil trial uncovers criminal conduct, the District Attorney certainly can proceed with a criminal trial, and any settlement made with the complainants doesn't somehow end any chance of criminal charges. For instance, the Catholic Church settling civil litigation with victims of abuse doesn't mean that priests who abused children can't be charged, or the potential that bishops and others in a position to hide such conduct couldn't be charged as accessories.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Subvert it... by Princeofcups · · Score: 1

      >

      These people need to pay for what they have done.

      I'm still waiting for someone to charge the students with Child Pornography for posing for dirty pictures.

      --
      The only thing worse than a Democrat is a Republican.
    6. Re:Subvert it... by Archangel+Michael · · Score: 1

      "These people need to pay for what they have done."

      I sure hope you don't ever sit on a jury. In fact, if I was a lawyer, saw this post and knew who you were, I'd use it to exclude you from any and every jury you might ever sit on.

      Here's the deal. You've already convicted them and are trying to sentence them in the court of public opinion. Which you ought to know, is not a REAL court.

      Now, if you prefaced your statement with "should they be found guilty, " I might actually agree with you. But right now, they aren't even charged with a crime (yet), so jumping to "they're guilty, where's the gallows?" mentality is short sighted and why we have courts in the first place.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    7. Re:Subvert it... by Attila+Dimedici · · Score: 1

      She

      And that is a terrible idea. These people need to pay for what they have done. Prison time and sex offender registration, the whole 9 yards.

      Pleading the fifth isn't going to do shit to protect them if the prosecutors have documented evidence showing what they have done, which it seems they have.

      There are, at this time, no prosecutors involved in this case. Currently the only people involved in this case is a family that has good reason to want a big payday against the taxpayers of the school district (they are deeply in debt and have been living beyond their means for years), a school district that had the poor judgement (stupidity?) to set up a laptop monitoring system without properly notifying parents (and getting appropriate permissions) and their lawyers.
      The school district in this case did something very stupid, but the parents of this child are scumbags.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    8. Re:Subvert it... by Anonymous+Psychopath · · Score: 1

      If a civil trial uncovers criminal conduct, the District Attorney certainly can proceed with a criminal trial, and any settlement made with the complainants doesn't somehow end any chance of criminal charges. For instance, the Catholic Church settling civil litigation with victims of abuse doesn't mean that priests who abused children can't be charged, or the potential that bishops and others in a position to hide such conduct couldn't be charged as accessories.

      That's right, but in the context of the original post, you can't be granted criminal immunity by the lawyers suing you in civil court.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    9. Re:Subvert it... by Sir_Lewk · · Score: 1

      Since I'm not currently sitting on their jury, I am entitled to whatever opinion I want, and I am free to voice my opinion. You know, because we live in a free country. I can also say that OJ was guilty as fuck too, even though he got off.

      And honestly, I don't really care if Archangel Michael (180766) on slashdot thinks that I am not fit for jury duty.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    10. Re:Subvert it... by david_thornley · · Score: 1

      The school district in this case did something very stupid and very wrong and very likely illegal to the point of felony

      FTFY

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re:Subvert it... by idontgno · · Score: 1

      Well, since Slashdot is not a grand jury and has no power to return indictment*, GPP's point stands: the only legal action in play right now is a civil lawsuit against the district and its officials.

      *A fact for which I awaken every morning praying a sincere prayer of gratitude.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    12. Re:Subvert it... by Archangel+Michael · · Score: 1

      I am entitled to whatever opinion I want, and I am free to voice my opinion. You know, because we live in a free country.

      And honestly, I don't really care if Sir_Lewk (967686) on slashdot thinks.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    13. Re:Subvert it... by Sir_Lewk · · Score: 1

      Congrats, you've just mastered the basics of freedom of speech.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
  8. Can you spell Paedophile children? by Anonymous Coward · · Score: 0

    I didn't think so!!

    1. Re:Can you spell Paedophile children? by Anonymous Coward · · Score: 0

      Can you spell "English does not have a monolithic authority that determines correctness?"

  9. SUX 2 B DEM by Anonymous Coward · · Score: 0

    gonna be kind of hard to find work as a school administrator when you're, you know..., legally barred from being around children....

  10. Re:Hip hip hooray! by Anonymous Coward · · Score: 0

    Can you send me a picture of your junk?

  11. Insanity in School Districts by Cheviot · · Score: 5, Insightful

    I have never understood how school districts think.

    On one hand they're terrified of getting sued. They have huge lists of things, even common, ordinary actions, that are not allowed to prevent even the slightest chance of getting sued.

    Then, on the other hand, they take actions that random people on the street realize will cause a lawsuit. Strip searching students for searching for asprin, cancelling proms when gay students wish to attend, secretly spying on students with webcams. What the hell are they thinking?

    1. Re:Insanity in School Districts by Bureaucromancer · · Score: 4, Insightful

      Without speculating on the why or the how of the thing, school districts are chalk full of a particular kind of authoritarian and bureaucratic mindset that does this stuff without consideration of much of anything but immediate control of whatever problem they have at the moment (and more to the point think of that immediate exercise of authority being crucial - they just don't particularly care about the implications even if they are pointed out). The anti lawsuit stuff comes from the poor lawyers who keep having to sort out the messes made; in other words it's two completely separate groups setting those policies and getting the boards sued. Bear in mind I'm not saying all educators do this, any more than all cops are corrupt, but every school, like every police force, has at least one, and that one makes a hell of a mess for everyone.

    2. Re:Insanity in School Districts by Pteraspidomorphi · · Score: 1

      They're thinking of the children!

    3. Re:Insanity in School Districts by MrCawfee · · Score: 1

      It's actually fairly simple.

      They don't want pissed off parents coming into the office.

      Strip searching children: it's okay, they are preventing our children from using dangerous drugs, you know the things we should be preventing.

      Canceling Proms: it's okay, we hate the gays, and we don't want our children exposed to the way the world really is because it doesn't fit in our world view.

      Spying on children: AHHHHHHHHhhhhhhhhhhHHHHHHHhhhh you are watching my thieving child when they are home!?!

      Parents want the school to do the tough things that they aren't willing to do. "i don't feel comfortable searching my kids if i think they are using the marijuana but it's okay because the school will do it for me." I think that 90% of parents are prefectly happy to let school administrators do their parenting for them, and with that power they took it too far with the webcam.

    4. Re:Insanity in School Districts by Monkeedude1212 · · Score: 2

      But they can't help a student out of a tree for safety concerns!

      At what point did our Education Society lose all common sense?

      It seems like those who work in education aren't the smartest.

      I think its because we've built this conception of "those who can't do, teach". A society where being a teacher isn't glorious, when it should be. Just make it harder to become a teacher and pay them more... Like a doctor or a Lawyer.

    5. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      Won't somebody think of the children!

      No, not like that!

    6. Re:Insanity in School Districts by steelfood · · Score: 1

      What the hell are they thinking?

      Thinking? Thinking? They aren't paid to think! They're paid to boss around students and teachers and convince parents that they're doing a good job.

      All kidding aside, they're not proactive, they're reactive. Which means that they'll do something and if it somehow results in a lawsuit, they'll ban it. Otherwise, they'll just keep doing it.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    7. Re:Insanity in School Districts by magus_melchior · · Score: 1

      They think only of themselves and how to remain in power. A school district is nowhere near as lucrative or influential as, say, a Congressional seat, so all they have is their own little kingdom, where they get to set the rules and policies with little or no oversight. In such an environment, humans tend to behave in ways that defy common sense and ethics, similar to how investment banks and hedge funds operated in the early 21st century.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    8. Re:Insanity in School Districts by vell0cet · · Score: 1

      "They have huge lists of things, even common, ordinary actions, that are not allowed to prevent even the slightest chance of getting sued."

      It's precisely because the some people working in these school districts are asshats that they have to huge lists of things they can't do. But conversely, these if these asshats don't see something on the list, it means they can do them.

    9. Re:Insanity in School Districts by Eighty7 · · Score: 1

      It's almost like there's multiple people making independent decisions!

    10. Re:Insanity in School Districts by __aasqbs9791 · · Score: 1

      Yeah, that definitely gives a whole new meaning to that phrase. Maybe we should say, "Don't think of the children too much!" now?

    11. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      school districts are chalk full of [...]

      heh. i see what you did there

    12. Re:Insanity in School Districts by Anomalyst · · Score: 1

      At what point did our Education Society lose all common sense?

      More than a century ago.
      In the first place God made idiots. This was for practice. Then he made School Boards.
      - Following the Equator; Pudd'nhead Wilson's New Calendar

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    13. Re:Insanity in School Districts by SteveFoerster · · Score: 1

      Because parents are cool with school administrators strip searching their kids? Bullshit.

      --
      Space game using normal deck of cards: http://BattleCards.org
    14. Re:Insanity in School Districts by russotto · · Score: 1

      I have never understood how school districts think.

      On one hand they're terrified of getting sued. They have huge lists of things, even common, ordinary actions, that are not allowed to prevent even the slightest chance of getting sued.

      Then, on the other hand, they take actions that random people on the street realize will cause a lawsuit. Strip searching students for searching for asprin, cancelling proms when gay students wish to attend, secretly spying on students with webcams. What the hell are they thinking?

      They're control freaks. The "we could get sued" excuse for restricting actions is usually just that, an excuse; they're not actually terrified of being sued, they just know that by using that excuse they make some big bad lawyer (or often, insurance company -- "our insurance company won't allow that" is just as common) responsible and thus put their restrictions beyond challenge.

    15. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      They can only react. There's no actual prevention.

      If they've been sued the action is disallowed. If they have not been sued then the action is allowed.

    16. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      I have never understood how school districts think.

      ...What the hell are they thinking?

      My experience with school districts does not leave me to suspect them of thinking."

    17. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      school districts are chalk full of [...]

      heh. i see what you did there

      Good work. You get to stay after the thread and clean the erasers.

    18. Re:Insanity in School Districts by Aldenissin · · Score: 1

      being a parent is just as big a responsibility as being a child which is just as big a responsibility as being an educator...
      I am pretty sure that the parent has certain responsibilities that differ than the educator, and each has some that are bigger on the ones that they share. To say that a child has as much responsibility as adults... hmm no. I can goof off and still change my ways later as a child and be ok. That is a part of learning. A parent for example has to provide food and shelter no matter what.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    19. Re:Insanity in School Districts by PPalmgren · · Score: 1

      The education system lives in its own separate reality. A lot of educators go to school, then college, then go straight back to school again. Admin positions are in the same boat. If your entire life is education, but the purpose of your education is to prepare people for a corporate world you've never experienced yourself, there is bound to be disconnects.

      Some people tend to get so caught up in their distorted realities that they don't realize how incredibly insane some of their actions may be. There is possibility that this incident involved malicious intent, but its more likely that it was the result of incompetence. After all, half of the world is below average.

    20. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      I think that tree business was debunked. You know, British yellow journalism, etc. You might want to update your talking points.

      Also, look up the average GRE scores for grad students in departments of education. Ouch. The third point may have potential.

    21. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      But they can't help a student out of a tree for safety concerns!

      For those who don't know, he is referring to a Slashdot idle story based (as often is) on a British Right Wing tabloid. In other words, don't take the parent too seriously.

      While I'm here, I'll comment further:

      At what point did our Education Society lose all common sense?

      It seems to me that NOTHING was lost. People are just acting like people. Most people in positions of power do stupid things; that's why the phrase "power corrupts, and absolute power corrupts absolutely" is so very famous. It is almost intuitive. Most people will never realize how irrational they are.

      It seems like those who work in education aren't the smartest.

      Again, it's not just education. I could point out any industry where there are people involved, and you will find stupidity and irrationality. It's like people bitch about government and yet they still keep voting idiots inside. This isn't (necessarily) because idiots are attracted to government (or educational careers), it's because people in general are stupid so the chances of getting someone elected (to government or a school board) is unlikely, since people tend to make (voting) decisions on ignorance, bias and irrationality.

      Just make it harder to become a teacher and pay them more... Like a doctor or a Lawyer.

      Again, this doesn't work. Money just attracts the greedy, not (necessarily) the intelligent. And even stupid people can jump hurdles; often times it's just persistence that gets people employed, however esteemed the career may be. Doctors in fact are famous for using "cures" that don't work. Like liposuction that apparently cures fatness, or cleaning knee fluid to make a knee "healthy", or doing by-pass surgery to alleviate angina (which doesn't increase life-span BTW), instead of treating (or trying to learn) the cause. Unfortunately ANYBODY can learn to do calculus or master Logic or pass an IQ test, none of these things make people smart. In fact I have observed that it is more likely to make people arrogant (which is a symptom of stupidity). The school board in question is in a wealthy neighborhood, so I could presume that salaries aren't an issue. They can, after all, afford to buy the teenie-boppers laptops.

    22. Re:Insanity in School Districts by Anonymous Coward · · Score: 0

      RESPONSIBILITY = RESPONSIBILITY.

      you are suggesting to children that they have none.

    23. Re:Insanity in School Districts by grasshoppa · · Score: 1

      School administrators, like government employees, are people who are unable to hold a job in the private sector.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
  12. For the love of... by Skyppey · · Score: 1, Informative
    She is a woman! Let it show for the record:

    Carol Cafiero, who had previously sought to quash a subpoena ordering her to testify, refused to answer questions pertaining to the district's controversial practice of remotely activating webcams on Apple MacBooks issued to high-school students.

    It was like a window into "a little LMSD soap opera," a staffer is quoted as saying in an e-mail to Carol Cafiero, the administrator running the program. "I know, I love it," she is quoted as having replied.

    1. Re:For the love of... by Anonymous Coward · · Score: 0

      Look, I don't CARE what he does in his free time, he's still got a lot to answer for with his laptop spying software!

  13. Suspected stolen? by Andy+Dodd · · Score: 1

    Did these laptops have rules stating that they were never permitted to leave the school grounds?

    If so, this may improve the school district's legal standing somewhat, since the students were not supposed to have the laptops in that situation.

    If the students WERE permitted to take the laptops home (other articles I have read implied they were), then under what criteria were these laptops suspected stolen? Unless a student reported a laptop as lost or stolen, or a student missed some sort of required inventory check, the administrators have no legitimate reason to suspect the laptop was stolen.

    --
    retrorocket.o not found, launch anyway?
    1. Re:Suspected stolen? by 99BottlesOfBeerInMyF · · Score: 2, Interesting
      quote>Did these laptops have rules stating that they were never permitted to leave the school grounds?

      No. Kids were allowed and encouraged to take the laptops home, but they claim one of the students in question did not pay the insurance fee required, so that gave them permission to use it to spy on him. They refused to answer with regard to the other 41 instances whether those students had reported the laptop stolen or not paid the insurance fee in question.

      If the students WERE permitted to take the laptops home (other articles I have read implied they were), then under what criteria were these laptops suspected stolen?

      The short answer, they did not suspect they were stolen, that's just a justification they're trying to use after the fact. If they had suspected the laptop of being stolen they would have contacted the parents and told them their kid had stolen a laptop instead of telling them their kid was being expelled for doing drugs at home. They would likewise have contacted the other 41 parents and told them their kids had taken the laptop when they weren't supposed to. It's quite clear at this point (at least to me) that the administrators did not consider the kids privacy at all and used the laptops for entertainment and to spy on kids in the hopes they could catch them doing something "bad".

    2. Re:Suspected stolen? by nobodyman · · Score: 3, Interesting

      The students were, in fact, allowed to leave school grounds. And part of the problem here is that the criteria for them determining whether the laptop was "stolen" seemed really fragile.

      I can't find the article now, but one of the IT guys for the district was recorded in a presentation (where he was praising the program) that one of the laptop's owners connected to their neighbor's WiFi, rather than their own network (I'm assuming that students needed to register their router's mac address). Anyway, the software detected this as laptop theft, the school reported it stolen, and the police worked with the local ISP to get the address of the neighbor and searched the neighbors house .

      As more details about this story come forward, I am increasingly amazed that this program made it past the idea-stage. You'd think at least *one* person in the chain-of-command would have some common sense.

    3. Re:Suspected stolen? by Locke2005 · · Score: 1

      The laptops were only allowed to be taken home if the family had paid a $55 insurance fee. This family had not. This laptop was never suspected of being stolen, only of having been taken home without permission -- and the first photograph would have confirmed that. The other 399 photos were completely unnecessary, and can only be explained as voyeuristic spying. Hence the lawsuit.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    4. Re:Suspected stolen? by Attila+Dimedici · · Score: 1

      According to the article, the students were allowed to take the laptops home if their parents had paid a $55 insurance fee which, according to the school district, the parents in this case had not paid.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:Suspected stolen? by whoever57 · · Score: 1

      The students were, in fact, allowed to leave school grounds. And part of the problem here is that the criteria for them determining whether the laptop was "stolen" seemed really fragile.

      Let's say that you *want* to see pictures taken through the laptops' cameras at random times. What better way to do this than to define a set of rules for when a laptop is considered "stolen" that will commonly trigger the stolen status. Then you can *legitimately* turn on the laptops' cameras frequently.

      --
      The real "Libtards" are the Libertarians!
  14. WTF by Anonymous Coward · · Score: 1, Insightful

    From TFA:

    An attorney for the district declined to comment last night on the Robbinses' latest motion, except to say that a report due in a few weeks will spell out what the district's own investigation has found.

    "To the extent there is any evidence of misuse of any images, that also will be disclosed," said the attorney, former federal prosecutor Henry E. Hockeimer Jr. "However, at this late stage of our investigation we are not aware of any such evidence."

    Unless he's saying that they weren't taking pictures of students in their private homes after all, what could they possibly have done with the pictures that wouldn't be "misuse"? This guy sounds as crazy as the people running the shool.

  15. Some additional info by UnknowingFool · · Score: 2, Informative

    So here's some more additional info. The family which sued failed to pay a $55 insurance policy on the laptop. Now, I'm not saying that the surveillance was justified only that the missed payments may have triggered suspicions whether the laptop had been stolen. Of course, once the school determined that the laptop wasn't stolen, all surveillance should have stopped.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Some additional info by Kagato · · Score: 1

      It seems that the pictures should have been held in escrow until it was determined to be stolen in the first place. Hindsight is always 20/20.

  16. Taking the 5th is always right! by phooka.de · · Score: 4, Informative

    just watch this:
    http://www.youtube.com/watch?v=6wXkI4t7nuc
    Absolutely must see.

    1. Re:Taking the 5th is always right! by Anonymous Coward · · Score: 1, Informative

      Correct, you should always take the 5th. Investigators and prosecutors are not there to help you and if you think you're there to help them you misunderstand the relationship.

    2. Re:Taking the 5th is always right! by dkleinsc · · Score: 2, Insightful

      Who the heck modded this off-topic? The summary brought up taking the Fifth, and that film is absolutely 100% apropos.

      Basically, if you don't take the Fifth, you're an idiot.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Taking the 5th is always right! by Conchobair · · Score: 1, Insightful

      It was modded off topic for defending an action of the 'bad guys' in this story. Slashdot modding is just piss poor.

      And before any of you moderators get any ideas about down modding this post, I counter with a xkcd link:
      http://xkcd.com/402/
      It's got cameras in it and this story is about cameras. Now you have to mod me up.

    4. Re:Taking the 5th is always right! by tilandal · · Score: 1

      Defiantly something everyone should watch.

    5. Re:Taking the 5th is always right! by Anonymous Coward · · Score: 0

      Defiantly

      I see what you did thar.

  17. Done in so many threads above by Anonymous Coward · · Score: 0

    Said many times above, but the he you are referring to is a SHE.

    But perhaps you didn't know the gender and are using the gender neutral form of him. Universal He

  18. Re:Hip hip hooray! by Anonymous Coward · · Score: 5, Funny

    Can you send me a picture of your junk?

    I don't know how but you can ask my school to send you a few...

  19. They are dealing with the insanity of parents by hellfire · · Score: 5, Interesting

    In the US, Schools are tasked with the impossible job of trying to please parents, who are also voters, and who are also incredibly rude and stupid about what they think is right for their kids. And what happens is that if you DON'T take action, then you get sued anyway!

    Drugs? Zero tolerance because some parents and all politicians have zero tolerance, even for aspirin! Someone wrote the rule that way because some crazy person pushed it.

    Gays at the prom? Because there is no equal protection under the law for gays, and too many people in american society still view gay relationships as evil. Allowing gays in the right conservative school district will get you just as sued.

    Computer survellience? Well for this one there simply is no excuse. Someone obviously didn't do their homework and thought it was a good idea and forgot to check where the legal line crossed. This example is not like the others because the first two are more about social values in those areas and this is clearly a breach in well established law.

    And don't forget these people are voted into office, and they are of the people and by the people. They are politicians as well, and if someone wants them to do something or risk being voted out, well this is how it works when the law isn't more clearly spelled out.

    Then again, sometimes parents have an attack of sanity, like the Dover, PA case where the old school board tried to implement intelligent design, and they were voted out en masse the next election and the curriculum was scrapped.

    --

    "All great wisdom is contained in .signature files"

    1. Re:They are dealing with the insanity of parents by MonsterTrimble · · Score: 2, Informative
      I agree with much of what you said, and the overall feeling - I prefer common sense instead of corner case laws.

      Gays at the prom? Because there is no equal protection under the law for gays, and too many people in american society still view gay relationships as evil. Allowing gays in the right conservative school district will get you just as sued.

      I just wanted to point out many states (as well as Canada) have outlawed discrimination based on sexual orientation and gender identity entirely and the US recently recently passed ENDA.

      Civil Rights from Stanford Encyclopedia
      Employment Non-Discrimination Act

      --
      I call it 'The Aristocrats'
    2. Re:They are dealing with the insanity of parents by hellfire · · Score: 1

      Thanks! Sorry I was trying to make the post American centric so I should have clarified that, I truly didn't understand Canada's specific laws or laws anywhere else and didn't mean to imply that I did.

      Also, ENDA doesn't really apply to "gays at the prom" does it? I was trying to be more broad in my interpretation of "equal protection under the law". ENDA is for employers and employees and school kids aren't employees. For example, no one would think of trying to ban an African-American couple or mixed couple from a dance at a public school these days, that's currently considered legal discrimination in schools.

      --

      "All great wisdom is contained in .signature files"

    3. Re:They are dealing with the insanity of parents by MonsterTrimble · · Score: 1

      No problem. You weren't implying you knew about Canada's laws either. And you are right that ENDA does not protect kids at school dances, which is a pity.

      I'm Canadian and an pretty familiar with the subject of ENDA & civil rights.

      --
      I call it 'The Aristocrats'
    4. Re:They are dealing with the insanity of parents by Darinbob · · Score: 1

      Forget about the whole being sued thing. If you displease the parents or community then you get fired.

    5. Re:They are dealing with the insanity of parents by thuh+Freak · · Score: 1

      I agree with much of what you said, and the overall feeling - I prefer common sense instead of corner case laws.

      Gays at the prom? Because there is no equal protection under the law for gays, and too many people in american society still view gay relationships as evil. Allowing gays in the right conservative school district will get you just as sued.

      I just wanted to point out many states (as well as Canada) have outlawed discrimination based on sexual orientation and gender identity entirely and the US recently recently passed ENDA. Civil Rights from Stanford Encyclopedia Employment Non-Discrimination Act

      "US recently passed ENDA" Actually, I don't think ENDA (with lgbt inclusion) is settled law yet. I don't think it's actually passed (or even been voted on) in the senate.

      --
      I wish that I was a catfish.
    6. Re:They are dealing with the insanity of parents by dbIII · · Score: 1

      Then again, sometimes parents have an attack of sanity, like the Dover, PA case where the old school board tried to implement intelligent design, and they were voted out en masse the next election and the curriculum was scrapped.

      A true conservative would say something like "why are you spending so much time teaching my kid a Godless version of Genesis and cutting out something that could help them get a job?".
      It's not just bad science, it's bad theology inflicted by weasels that want to pretend it isn't.

    7. Re:They are dealing with the insanity of parents by MonsterTrimble · · Score: 1

      You're right - I jumped the gun.

      --
      I call it 'The Aristocrats'
  20. Too bad... by xandercash · · Score: 1

    ...the school district wasn't issuing laptops to supermodels.

  21. The advantage of someoen claiming the 5th amendmen by gurps_npc · · Score: 0

    Is that it makes their bosses etc. have a lot harder time claimingthat no law was broken and that everything they did was legal.

    --
    excitingthingstodo.blogspot.com
  22. Cameras show utility after all by Anonymous Coward · · Score: 2, Funny

    This photo, allegedly taken surreptitiously by the Lower Merion School District through a laptop web camera, shows Blake Robbins sleeping at home at 5 p.m. on Oct 26.

    The real question is, WTF was this kid doing sleeping at 5 pm instead of doing his homework? The kid doesn't even bother to take off his normal school day clothes when sleeping, which could mean wrinkles.

    It's obvious that this Web 2.0 technology has utility. When parents are too busy to keep an eye on their kids, at least we know the school district will. If these school kids have nothing to hide, then they have nothing to worry about. It's just like going to the doctor; it's for their own good. An ounce of prevention is worth a pound of cure.

    1. Re:Cameras show utility after all by MrLint · · Score: 1

      Umm really? When I get off work at 5pm, I desperately want a nap. Perhaps your job isn't working you hard enough?

    2. Re:Cameras show utility after all by Grimbleton · · Score: 1

      Nap after school for energy for dinner, homework, going out with friends for a bit/seeing a movie and not being totally exhausted by the time you get to bed so you can get decent sleep, not just konk out?

    3. Re:Cameras show utility after all by nomadic · · Score: 1

      When I get off work at 5pm, I desperately want a nap. Perhaps your job isn't working you hard enough?

      If you get off at work at 5pm, YOUR job isn't working you hard enough.

    4. Re:Cameras show utility after all by cHiphead · · Score: 1

      Hey now, this isn't Soviet Russia!

      --

      This is my sig. There are many like it, but this one is mine.
    5. Re:Cameras show utility after all by nomadic · · Score: 1

      Then why does my job have ME?

    6. Re:Cameras show utility after all by Sulphur · · Score: 1

      In Soviet Russia, aw forget about it.

      --

      Someone's watching me. http://www.youtube.com/watch?v=iLKKe2o9WnM

  23. Re:The advantage of someoen claiming the 5th amend by slimjim8094 · · Score: 1

    Really? Harder than if they confessed saying "this was school policy"?

    I strongly support the right to plead the 5th. But while it's certainly not an admission of guilt, it would only be done by someone who could contribute nothing, or very little, positive to their own defense (since otherwise they'd be telling their side).

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  24. the Fifth by Somegeek · · Score: 4, Insightful

    It's not a "self-incrimination" clause, it is a clause against being a witness against yourself in a criminal case.

    excerpt from the Fifth Amendment:

    "nor shall be compelled in any criminal case to be a witness against himself"

    The difference that I'm trying to make is that there doesn't have to be a presumption of self-incrimination to invoke it, just that you don't wish to testify about something involving yourself.

    --
    And as you tread the halls of sanity, You feel so glad to be, Unable to go beyond. I have a message, From another time..
    1. Re:the Fifth by PSandusky · · Score: 1

      It's not a "self-incrimination" clause, it is a clause against being a witness against yourself in a criminal case.

      excerpt from the Fifth Amendment:

      "nor shall be compelled in any criminal case to be a witness against himself"

      Doesn't that "against" count as the "self-incrimination" part?

      --
      "What's the use in being grown up if you can't be childish sometimes?" --Fourth Doctor, "Robot"
    2. Re:the Fifth by operagost · · Score: 1

      No, because you can also willfully incriminate yourself. A clause against self-incrimination would mean that doing things like confessing of one's own accord or leading officers to the place where you hid the body would be inadmissible.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:the Fifth by Myopic · · Score: 1

      Calling it a self-incrimination clause is synecdoche, my friend. Don't read too much into it.

  25. The question I haven't seen asked yet by CODiNE · · Score: 1

    Okay, Macbooks... webcam spying...

    Does the surveillance software have the ability to take images without turning on the webcam LED? I mean we always assume those are hardware activated and can't be bypassed, I mean only an IDIOT would leave the LEDs controlled by the driver... right?

    Also, if indeed there are laptops out there with software controlled LEDs, is anyone keeping a list of the spy-happy laptops out there?

    --
    Cwm, fjord-bank glyphs vext quiz
    1. Re:The question I haven't seen asked yet by Locke2005 · · Score: 1

      Suposedly some students did complain about the webcam LED coming on at odd times, and were told it was just a glitch in the system, nothing to worry about. This was a claim by another student at the school, so take it with a grain of salt. Yes, I certainly hope one cannot energize the CCD without also energizing the LED, but this would have been just a flash of less than a second every 15 minutes. Remember, the software was designed not to make thieves suspicious.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:The question I haven't seen asked yet by david_thornley · · Score: 1

      I've read that the students were told that the LEDS were malfunctioning, and not to worry about them. I've also read that they were forbidden to disable them (with duct tape, for example). If these are true, it shows that somebody was deliberately planning to spy on kids, and probably is in worse legal trouble.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  26. Sample image photoshopped? by Anonymous Coward · · Score: 0

    The image of the guy sleeping has a JPEG APP12 tag with text "Ducky" and "Adobe". which indicates to me that it was probably photoshopped (probably only to crop it, but who knows?). I think Ducky.tif is a sample image provided by Adobe.
    See for yourself: "od -c *webcam*.jpg|head"

  27. Intent of the pictures? by stewbacca · · Score: 1

    If the intent is to get a picture of somebody that is suspected to have stolen the lap top, that's completely different from just taking pictures of people who are lawfully using laptop, but having an image taken of them without their knowledge. The later is spying, the first part is just trying to get stolen property back.

    1. Re:Intent of the pictures? by natehoy · · Score: 2, Interesting

      OK, let's go with that for a second. The school apparently did have some reason to believe that the laptop was stolen, since the student's parents didn't pay an insurance fee that was supposed to authorize the kid to take the laptop home.

      However, the laptop was issued to that student. So the correct answer would have been to call the student's parents at home and ask if the laptop is there, and request that payment be rendered for the insurance fee if the kid wants to take it home again, please and thanks.

      Someone at the school instead decided to turn on the camera. Fortunately for them, all they saw was the student fully dressed sitting in front of the computer eating something. They could have ended up getting a picture of an underage girl naked, possession of which is sufficient proof for child porn in the US and long frequent love sessions with Bubba, because Bubba likes child molesters and he gets lonely.

      OK, so they've gotten damned lucky so far. Laptop is obviously not stolen, and they didn't end up accidentally acquiring kiddie porn images. Best to delete all the images and sigh with relief, right?

      But, wait, what is that he's popping? Damn, that looks a lot like a bunch of pills. Let's call the parents in and accuse the kid of maybe taking illegal drugs, just in case the parents need to intervene. I mean, we're only trying to protect him, right? Yeah, let's call the parents in and show them the images, then explain how we go them.

      Oh, "Mike and Ike", you say? Oops, our bad. Please ignore our blatantly illegal violation of the privacy of your home, THINK OF THE CHILDREN!

      Yeah, behavior like that makes me think that someone was probably "thinking of the children", or at least their cute little bodies and hoping to "accidentally" get a juicy picture of one.

      I'm sure the person who did this did so with the best of intentions, but IT WAS STUPID. Actually, it started stupid and got worse, to the point of being criminally stupid, then just criminal.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    2. Re:Intent of the pictures? by stewbacca · · Score: 1

      Well I'm with you until the "popping pills" part. Unless this really happened, I highly doubt any organization would be THAT stupid.

      Well, actually, once I was pulled over for nothing, then ticketed for no proof of insurance. When I was asked why I was pulled over, the cop said, "you don't have proof of insurance". Sigh.

    3. Re:Intent of the pictures? by natehoy · · Score: 1

      Did you not read the history of this case?

      The only reason anyone found out about this case was because the school dragged the kid's parents in for a parent-teacher conference and showed the pictures to the parents.

      After it was all explained that the kid liked "Mike and Ike" candy (which is pill-shaped) the school then explained how they got the pictures. I don't know if the parents asked, or what, but the school showed image captured by the kids laptop in his own bedroom to the kid's parents.

      So, yeah, they are that stupid.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  28. Before or After... by Capt+James+McCarthy · · Score: 1

    Folks should be well aware of by now that when you do something that affects your employees or students, you check with a lawyer or lawyers first. Either that or like this school is learning, you will be dealing with them after the fact.

    They must be quite the institution of learning to have administration that makes these decisions.

    --
    There are no loopholes. It's either legal or it's not.
    1. Re:Before or After... by BabyDuckHat · · Score: 1

      In fact, don't do *anything* without first checking with a lawyer.


      (This message brought to you by the Lawfirm of Sagman, Bennet, Robbins, Oppenheim and Taft)

    2. Re:Before or After... by DavidRawling · · Score: 1

      Don't even check with a lawyer before you check with a lawyer!

      Hmm, hang on a tick ...

    3. Re:Before or After... by idontgno · · Score: 1

      Recursive legal advice is recursive.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  29. You're assuming too much by Weaselmancer · · Score: 1

    I have never understood how school districts think.

    The reason why you're confused is because you are aiming too high. Think back to your childhood. How many of the teachers that you can remember would you say were smart? Not too many, right? I can think of two or three full-on idiots, a psychopath or two - you name it. The cream of the crop usually don't wind up teaching fourth graders.

    Before people blast me - not all teachers and school admins and the like are idiots.

    I can think of a few genuinely brilliant and wonderful people I met throughout my school career. People who do the job because they love children, love the potential, and love steering young people towards productive lives. But you'd have to be crazy to think everyone in a public school is like that.

    A friend of mine drifted back into town a few months ago and stopped by for a visit. Hadn't seen him in ten years. He is now a hands-shaking alcoholic. What's his job? Substitute teacher. Par for the course.

    So to answer your question, school jobs are excellent places for whackos to hide. Follow the rules exactly, practice your random insanity, get your summers off. That's why you get this odd sort of dichotomy of paranoia over lawsuits vs. idiotic punishable behavior. Stupid people can follow rules, but also continue be stupid. That's why those rules are in place, like zero tolerance rules. No room for judgment because the judgment of the people enforcing the rules is usually critically flawed.

    --
    Weaselmancer
    rediculous.
  30. Do Not Fall For This Dangerous Scam by spun · · Score: 5, Interesting

    If you ever hear the phrase 'sovereign individuals,' run. Run away, as fast as you can. You are in the presence of either a moronic patsy or a dangerous con artist. Do not fall for this scam. You will lose money, and perhaps go to jail yourself for attempting to follow the ludicrous and expensive instructions for becoming this imaginary thing called a 'sovereign individual.' Please read this: http://en.wikipedia.org/wiki/Sovereign_Citizen_Movement

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:Do Not Fall For This Dangerous Scam by lambent · · Score: 1

      i have never heard of that (Sovereign Citizen Movement), before. thank you for introducing me to the most batshiat insane assemblage of 'logic' i have ever seen in my life. i am truly impressed.

    2. Re:Do Not Fall For This Dangerous Scam by Archangel+Michael · · Score: 1

      Thats right, we all know that the state has every right to control everything about you, now including forcing you to buy a consumer service or fining you.

      How dare we believe we are free individuals!

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    3. Re:Do Not Fall For This Dangerous Scam by Jawn98685 · · Score: 1

      What?!
      But at the Tea Party rallies all over Dumbfuckistan they were telling us that this was legit. You don't fool me, you socialist liberal con artist.

    4. Re:Do Not Fall For This Dangerous Scam by adonoman · · Score: 3, Insightful

      You've clearly never seen TimeCube.com them.

    5. Re:Do Not Fall For This Dangerous Scam by Jaysyn · · Score: 1

      Wow. I know people believe what they want to be true, but you'd have to be a dyed in the wool moron to believe that crap.

      --
      There is a war going on for your mind.
    6. Re:Do Not Fall For This Dangerous Scam by spun · · Score: 1

      I had a good friend who got caught up in this. I managed to convince him it was batshit crazy before he tried anything that would get his ass thrown in jail, but he did spend over $200 for the materials.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:Do Not Fall For This Dangerous Scam by spun · · Score: 2, Insightful

      LOLwhat? Where the hell did that come from? Read the fucking page, moron. It's a scam, and has nothing to do with anything you just said. You do not have a 'straw man' bank account that the government set up in your name as collateral. You do have to pay taxes, even if you file all the batshit paperwork suggested.

      But you know what? Forget I said all that, I'm just an evil Statist. Go ahead and pay for the material. File that paperwork and become a sovereign individual. Refuse to pay your taxes and try to cash checks on your straw-man account. I'm sure it will work now, they just needed to work the kinks out of the legal language.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    8. Re:Do Not Fall For This Dangerous Scam by operagost · · Score: 1

      You've never been to a TEA party rally, and you've never heard any such nonsense from anyone there-- unless they're plants, like that idiot leftist teach who wanted to show up and shout moronic stuff to give libertarians a bad name.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    9. Re:Do Not Fall For This Dangerous Scam by Chris+Tucker · · Score: 1

      "and shout moronic stuff to give libertarians a bad name."

      Believe me, Slappy, libertarians do quite well in giving themselves a bad name.

      Every time ESR opens his piehole for example. Or this brainhurting example:

      "The Scourge of Public Libraries ".

      Randroids, don't "Go Galt". Just go away.

      --
      Guaranteed! This comment 100% Anthrax free!
    10. Re:Do Not Fall For This Dangerous Scam by Chris+Tucker · · Score: 1

      Foo! What is this, "The Preview Button" of which you speak?"

      " The Scourge Of Public Libraries

      --
      Guaranteed! This comment 100% Anthrax free!
    11. Re:Do Not Fall For This Dangerous Scam by Chris+Tucker · · Score: 2, Informative

      "dyed in the wool moron to believe that crap."

      Like Tim McVeigh. He fell for that whole thing to the point of having home made license tags on his car. Because sovereign citizens don't NEED state issued tags.

      That's what brought him to the attention of a cop, who stopped him and saw, if I recall correctly, a pistol on the seat next to McVeigh.

      And that's how the prototeabagger schmuck McVeigh was caught after he destroyed the Murrah Federal Building in Oklahoma City, 19 years ago.

      --
      Guaranteed! This comment 100% Anthrax free!
  31. One thing still bothering me by Locke2005 · · Score: 4, Insightful

    Shouldn't school officials deal with problems by the least intrusive means possible? Once the laptop surveillance was enabled, the first few pictures would have established the laptop's location. But they continued to take 400 snapshots over the course of 2 weeks! The only rational explanation for the continued surveillance is pure voyeurism -- and I expect that is what the student's lawyer will argue in court.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:One thing still bothering me by Jeng · · Score: 0

      Another rational explanation was that those requesting the surveillance didn't think to stop it once they got the information they needed.

      Now if you add in the emails about the surveillance yes it is obviously voyeurism, but continuing automated surveillance doesn't default to voyeurism since it could also just be procrastination.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    2. Re:One thing still bothering me by natehoy · · Score: 2, Insightful

      The least intrusive means would have been to call the student's parents and ask if he had the laptop with him. Yes? OK, please pay the insurance fee before he takes it home again, thanks. Issue resolved.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    3. Re:One thing still bothering me by Locke2005 · · Score: 1, Insightful

      That would assume that school officials got into that low-paying, thankless job because they were reasonable people, and not because they were petty, incompetent control freaks who realized that the only people they could successfully push around were young children.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    4. Re:One thing still bothering me by tftp · · Score: 1

      continuing automated surveillance doesn't default to voyeurism since it could also just be procrastination.

      It will be difficult to explain it this way because the school conveniently "forgot" to turn off surveillance in 40+ other cases, and apparently amassed thousands of pictures.

    5. Re:One thing still bothering me by Zxern · · Score: 1
      Straight from the article

      "Back at district offices, the Robbins motion says, employees with access to the images marveled at the tracking software. It was like a window into "a little LMSD soap opera," a staffer is quoted as saying in an e-mail to Carol Cafiero, the administrator running the program. "I know, I love it," she is quoted as having replied."

      What more evidence do we need?

  32. Maybe the "she" part is the problem by Fished · · Score: 3, Interesting

    In our society, men are terrified of being accused of sexual predation, and we steer clear of it. We know where the lines are, and we know we can be accused at any time. Maybe this administrator just wasn't as aware because, after all, she's a she and nobody would ever think that she would use the camera for illicit purposes! Seriously, the reason why that stereotype is there is because, on a whole, men tend to be more interested in pornographic images. Maybe part of the problem here is that, in the female dominated world of education, no man ever saw this policy and said, "uh, ladies... you do realize what people could use these cameras for, right?"

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
    1. Re:Maybe the "she" part is the problem by Aldenissin · · Score: 1

      Sorry, I call BS. These women (if they are teaching..) should and likely did in fact know what it could be used for. They apparently either wanted to use it for that (women like sex too, and do watch porn) or thought they wouldn't allow themselves to be put into that position. In that case they couldn't see the fire was in fact hot and had to find out the hard way.

      I applaud them, because as teachers, they have taught many more many valuable lessons. /end sarcasm

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    2. Re:Maybe the "she" part is the problem by Anonymous Coward · · Score: 0

      *sigh* Sucks to be a middle-age white male nowadays... arguably the absolute most oppressed person in which every possible aspect of society is racist against.

  33. Re:The advantage of someoen claiming the 5th amend by DeadDecoy · · Score: 1

    Well the problem is no so much that the bosses have a harder time claiming no law was broken, but that the prosecutors have a harder time proving some law was broken. Claiming the fifth might imply guilt, but the defendants (ideally) can't be prosecuted until proven guilty.

  34. LED: on, off, automatic by flyingfsck · · Score: 1
    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  35. Re:Hip hip hooray! by Locke2005 · · Score: 2, Funny

    Can you send me a picture of your junk?
    Sure, right here

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  36. Re:Hip hip hooray! by Anonymous Coward · · Score: 0

    Lame.

  37. Re:Hip hip hooray! by Locke2005 · · Score: 1

    Ha ha! Made you look!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  38. So what by harl · · Score: 1

    So what? Why would they post the raw picture without any modification?

    --
    I find being offended by me offensive.
  39. Re:The advantage of someoen claiming the 5th amend by OFnow · · Score: 1

    Really? ... But while it's certainly not an admission of guilt, it would only be done by someone who could contribute nothing, or very little, positive to their own defense (since otherwise they'd be telling their side).

    Whoosh! Proving you did not watch the video about the 5th!

  40. Never heard it used that way before. by pavon · · Score: 1

    Wow, that is a whole lot of crazy in the AC's link.

    I have never head the term sovereign individual used in that manner until today. I've always seen it used as a declaration that you choose to live your life by your own rules regardless of what the law says, and in conjunction with schemes like this one, that help enable that sort of lifestyle.

    1. Re:Never heard it used that way before. by ultranova · · Score: 1

      I have never head the term sovereign individual used in that manner until today. I've always seen it used as a declaration that you choose to live your life by your own rules regardless of what the law says, and in conjunction with schemes like this one, that help enable that sort of lifestyle.

      From the link you provided, it seems to simply be a nicer word for a parasite.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:Never heard it used that way before. by sznupi · · Score: 2, Insightful

      So, using the safety and comfort of modern societies (and lying to oneself that you're "sovereign") plus the goal of contributing back as little as possible.

      --
      One that hath name thou can not otter
  41. Interesting idea. by pavon · · Score: 1

    But most of the IT folks in the district are men, including Mike Perbix, who was heavily involved with the laptop spying program, as seen in this video he created

  42. Let me add to your list of things to say to police by Anonymous Coward · · Score: 1, Informative

    You listed two great phrases for your examples, but please let me add one that I think is also very important, "I do not consent to a search." Don't let Police bully you into giving up your rights, even if you are innocent! Police will essentially try to convince you that only guilty people need rights, but it's a lie. Of course, IANAL.

  43. A statement today from the school board by Mike_EE_U_of_I · · Score: 1

    The school board released this statement today.

    http://www.philly.com/philly/hp/news_update/91045839.html

        I particularly appreciated this part "While we deeply regret the mistakes and misguided actions that have led us to this situation"

        The board appears to me to finally realize that this was a horrible thing to do. The board's original position (that everything was fine) shocked me.

  44. One statement would make this go away by 517714 · · Score: 1

    "We were looking for terrorists." Cue the band - it just became a Federal case and the students are obviously guilty.

    --
    The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
  45. So when does he get arrested.. by WarwickRyan · · Score: 1

    ...for stealing the laptop in the first place?

    Can't understand what schools are doing dishing laptops out to kids. It's obvious that loads'll get nicked. Take donations of old computers, sure, but give them away or sell them cheap. But don't waste valuable resources buying new laptops for kids.

    Spend that money on the science labs, or decent math teachers.

  46. What lesson by hduff · · Score: 1

    do we want to teach our children?

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  47. Think WHY male was assumed here by Anonymous Coward · · Score: 1, Interesting

    Think WHY male was assumed here. This case is about pictures of young kids possibly from cameras in their bedrooms.

    Read the tone and assumptions.

    1) the ones in trouble are male
    2) the ones being spied on are female

    Doesn't this seem like it's being ASSUMED that only men are sick enough to want to see pics of teens in their bedrooms?

    Yet we have complaints that assuming it's a filthy old man taking pics of little girls is male sexism...

  48. I'm more convinced than ever that this is BS. by BitterOak · · Score: 3, Interesting

    Back when this story first broke, I was not at all convinced that school officials were spying on kids. One student had been suspended for alleged inappropriate activity captured by the camera and everyone immediately assumed it was the result of this surveillance system. The only statement the school made on the issue was that the photo had been taken by the student and left on the hard drive of the laptop when he returned it. To me, that seemed a lot more plausible, if less juicy. (After all, who wasn't excited by the thought of photos of horny high school kids in their bedrooms, and equally excited by the thought of school officials getting raked over the coals.)

    I saw this story earlier today and now I'm more convinced than ever the whole thing is BS. Look carefully at the photograph (provided by the parents, I might add.) Who goes to sleep with their laptop turned on and the camera pointed right at their face, so that it's perfectly centered in the frame and just well lit enough to show it clearly? If you've ever seen real photographs taken by peeping toms with hidden cameras, they're always grainy and show subjects in unflattering lighting conditions. This picture is just to perfect to be real.

    Generally speaking, when there's a lawsuit going on and one side says nothing to the press, citing that it would be imprudent to do so during proceedings, and the other site leaks all kinds of juicy stuff to the press, I tend to believe the party that shows discretion.

    As for the Fifth Amendment issue, as others have noted, it's standard practice when you're suspected of a crime to always invoke the 5th and say nothing before the trial. That's perfectly normal and doesn't mean anything at all.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:I'm more convinced than ever that this is BS. by oasisbob · · Score: 2, Insightful

      I saw this story [philly.com] earlier today and now I'm more convinced than ever the whole thing is BS. Look carefully at the photograph (provided by the parents, I might add.) Who goes to sleep with their laptop turned on and the camera pointed right at their face, so that it's perfectly centered in the frame and just well lit enough to show it clearly? If you've ever seen real photographs taken by peeping toms with hidden cameras, they're always grainy and show subjects in unflattering lighting conditions. This picture is just to perfect to be real.

      I think that's a silly argument, the same sort of logic and amateur forensics lead many birthers to the conclusion that Obama wasn't born in Hawaii.

      If this image was fake, I'm sure the judge in the case would be furious. IANAL, but I'm sure that lying to the media about evidence in an ongoing case is somewhat unethical...

      More likely: The image was cropped, maybe by the news organization or the family. Sure, it does have good composition, but to assume that the image is uncropped and too good (and therefore must be fraudulent!) needs a great big jump to conclusions mat.

      Oh and...

      If you've ever seen real photographs taken by peeping toms with hidden cameras, they're always grainy and show subjects in unflattering lighting conditions.

      That might just be the most disturbing thing I've read on Slashdot all day. I'm hoping you simply didn't consider your words carefully...

    2. Re:I'm more convinced than ever that this is BS. by Anonymous Coward · · Score: 0

      I saw this story earlier today and now I'm more convinced than ever the whole thing is BS. Look carefully at the photograph (provided by the parents, I might add.) Who goes to sleep with their laptop turned on and the camera pointed right at their face, so that it's perfectly centered in the frame and just well lit enough to show it clearly? If you've ever seen real photographs taken by peeping toms with hidden cameras, they're always grainy and show subjects in unflattering lighting conditions. This picture is just to perfect to be real.

      Of course it is not one of the school-taken photos! Either side in the case would be crucified for making any of those public. The parents provided the (obviously staged) photo, presumably in response to a request from the paper for a photo of the boy sleeping.

      Generally speaking, when there's a lawsuit going on and one side says nothing to the press, citing that it would be imprudent to do so during proceedings, and the other site leaks all kinds of juicy stuff to the press, I tend to believe the party that shows discretion.

      The school's lawyer Amy Feldman is apparently using her radio show to promote the school's point of view. Not very discrete.

    3. Re:I'm more convinced than ever that this is BS. by tftp · · Score: 2, Insightful

      Who goes to sleep with their laptop turned on and the camera pointed right at their face

      Anyone who placed his laptop near the bed, was reading, and drifted to sleep at some point.

    4. Re:I'm more convinced than ever that this is BS. by Anonymous Coward · · Score: 0

      It's A photo of the kid sleeping, not THE photo.

      Cheap news ploy. Having a photo of the kid sleeping makes the article more attractive to stupid readers.

    5. Re:I'm more convinced than ever that this is BS. by Anonymous Coward · · Score: 0

      > Who goes to sleep with their laptop turned on and the camera pointed right at their face, so that it's perfectly centered in the frame and just well lit enough to show it clearly?

      does it cross your mind that the pic has been cropped and centred for the purpose of the article?

      AC

  49. Fifth? is there pics on there that are child pron? by Joe+The+Dragon · · Score: 1

    Taking the Fifth is bad maybe they do have some real bad on there and they want to play pass the blame?

    It may suck to be some low level tech to get pined with over software that higher ups loaded and you go to jail just as your where the guy who running the app.

  50. Hey, there's probably a saying about that by NotSoHeavyD3 · · Score: 2, Insightful

    You know, something like "Those that can do, those that can't teach, and those that can't even teach become school administrators"

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
    1. Re:Hey, there's probably a saying about that by Ihmhi · · Score: 1

      As someone who is going into teaching, I can tell you that the statement of "those that can, do; those that can't, teach" is a load of utter bullshit. Find an after-school program - nonprofit or otherwise - and try to teach a class for a week. Any class, of any age group of kids, about anything. A small experience like that will vastly change your experience of how hard teachers have to work.

      (Apologies on the late reply, but I've been sick all weekend and I'm only catching up on my /. now.)

  51. There is at least one exception I know of by LrdDimwit · · Score: 1

    If you are the defendant, in a criminal trial, then the prosecution cannot force you to testify (because of the 5th). However, if you choose to testify in your own defense, then the prosecution is allowed to cross-examine you; you are considered to have waived your right by voluntarily taking the stand.

    If you take the fifth amendment when the prosecutor cross-examines you, I'm not sure what happens; either a mistrial, or your entire testimony is stricken from the record (and the jury told to disregard everything you said). Or maybe contempt of court. But once you give evidence in the case, you have to be cross-examined by the prosecutor. (This is what tanked Hans Reiser's defense; he fell apart under cross-examination.)

  52. A couple of points by Mike_EE_U_of_I · · Score: 1

    You wrote ". Look carefully at the photograph (provided by the parents, I might add.) Who goes to sleep with their laptop turned on and the camera pointed right at their face, so that it's perfectly centered in the frame and just well lit enough to show it clearly?"

        If you read this article you will discover that the judge has proposed that each student be shown the photos that were taken of them. There is no discussion that I've read of suggesting that the school ever publicly release the photos. Indeed, that makes sense, since the school never should have taken the photos in the first place.

        So, the only photos you will ever see, are ones released by the kids and their parents. As far as a perfectly framed photo, it's simple. Take a randomly framed picture every fifteen minutes until you have hundreds of photos. Most of them won't be any good, but there will be a few gems in there.

        Now, if you were the lawyer for the family and had all the photos taken of your client, which one would you release?

    1. Re:A couple of points by BitterOak · · Score: 1

      As far as a perfectly framed photo, it's simple. Take a randomly framed picture every fifteen minutes until you have hundreds of photos. Most of them won't be any good, but there will be a few gems in there.

      Only if the student is in the habit of leaving his laptop turned on with the camera pointed right at his face when he goes to sleep. Otherwise, you could take a million photos (while he's asleep) and the framing won't change. Unless the computer has legs and walks randomly about the room. (I once had a TV remote that I swear had that capability!)

      Now, if you were the lawyer for the family and had all the photos taken of your client, which one would you release?

      To the press? None. (If I had a legitimate case, that is. That was kind of my point. Generally those with a legitimate case don't have it tried in the media.)

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:A couple of points by Mike_EE_U_of_I · · Score: 1

      You wrote "...To the press? None. (If I had a legitimate case, that is..."

          Well, I can agree to disagree. My experience has been that lawyers with legitimate cases love press coverage. The more potential jurors see how one-sided the case is, the easier it is at trial.

          You also wrote "Only if the student is in the habit of leaving his laptop turned on with the camera pointed right at his face when he goes to sleep."

          Well, I feel like I'm being Mr. Contrary, but no, that's not right at all. The student does not need to be in the habit of pointing the laptop at his bed. He only has to do it a single time during the period the school is watching (which apparently was weeks long).

  53. Re:They are dealing with the dialectic of parents by ThousandStars · · Score: 1
    The parent poster is basically correct but should include one other point: teachers and administrators are in the impossible position of trying to please (or at least placate) all parents, or at least all parents who want to fight whatever it is that the school district wants to do. You can see these kinds of problems with issues like evolution or sex ed; parent 1, Christian lunatic, doesn't want evolution taught, while parent 2, scientist, wants their child educated. Either way, the school will take heat.

    It goes deeper than those obvious examples, of course, and the major fact/issue is that trying to please one constituent or set of constituents will anger another. Try to regulate the clothing girls wear to school? It might infringe on freedom of speech or expression. Don't regulate it? A parent will complain to the newspaper that girls are dressing in that dreaded way: "inappropriately." And the list goes on...

  54. Case Study, Martha Stewart... by mikelieman · · Score: 1

    Fibbed to a Fed, while not even under oath, and did a year behind bars.

    18 USC 1001 is a hell of a law.

    --
    Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
  55. Re:The advantage of someoen claiming the 5th amend by tftp · · Score: 1

    the prosecutors have a harder time proving some law was broken. Claiming the fifth might imply guilt, but the defendants (ideally) can't be prosecuted until proven guilty.

    Silence also means that the defendant can't refute anything that the prosecutor says.

  56. Are you an attorney moron? No. by Anonymous Coward · · Score: 0

    See above.

  57. Clone the CLOWN blows it again by Anonymous Coward · · Score: 0

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    Clone - How stupid do you feel? FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel?

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

  58. clone the CLOWN blows it again by Anonymous Coward · · Score: 0

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    Clone - How stupid do you feel? FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above, taken from here:

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    Where Germany advised its peoples to stay away from FireFox, as they had for IE before that (but, never for Opera).

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel?

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

  59. Clone the CLOWN blows it again, see inside by Anonymous Coward · · Score: 0

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    Clone - How stupid do you feel? FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above, taken from here:

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    Where Germany advised its peoples to stay away from FireFox, as they had for IE before that (but, never for Opera).

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel?

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

  60. Clone the CLOWN hangs himself (so much for libel) by Anonymous Coward · · Score: 0

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above, taken from here:

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    That's where you quote above is from, and, Where Germany advised its peoples to stay away from FireFox, as they had for IE before that (but, never for Opera).

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel after that rant above?

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

    The only person that hung himself was your STUPID LIBELLOUS ASS, by doing it to yourself no less. Don't try to "play smart" or lawyer online dimwit. You don't have the intelligence, schooling, or know how to do so. The above is evidence enough of that.

  61. Are you are attorney with a license to practice? by Anonymous Coward · · Score: 0

    See subject above, and you can't even get computer security facts right:

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above, taken from here:

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    That's where you quote above is from, and, Where Germany advised its peoples to stay away from FireFox, as they had for IE before that (but, never for Opera).

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel after that rant above?

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

  62. Clone the CLOWN fails at computing by Anonymous Coward · · Score: 0

    "But the 3.6.2 update was ALREADY released WELL BEFORE the story was posted (Tuesday March 23, @02:51AM Eastern): https://developer.mozilla.org/devnews/index.php/2010/03/22/firefox-3-6-2-update-now-available-as-free-download/ Firefox 3.6.2 update now available as free download Version 3.6.2 was released THE DAY BEFORE this story even posted! Once again you are caught in your BOLD-FACED LIES, LOL! - by clone53421 (1310749) on Monday April 05, @01:36PM (#31736454) Journal

    FireFox turned up YET ANOTHER SECURITY BUG & right when you shot your big libellous mouth off in that quote above on 04/05/2010 above, taken from here:

    ----

    Mozilla Firefox DOM Node Moving Use-After-Free Vulnerability:

    http://secunia.com/advisories/39175/

    Release Date 2010-04-02
    Last Update 2010-04-06

    ----

    http://slashdot.org/comments.pl?sid=1591778&cid=31755996

    That's where you quote above is from, and, Where Germany advised its peoples to stay away from FireFox, as they had for IE before that (but, never for Opera).

    (Thus, yet another security bug surfaced in FireFox 3.6.2 in that time frame, yet again, 2x that week it appears (LOL!)).

    Clone - How stupid do you feel after that quoted rant of yours above that opens this posting of mine in reply?

    Now everyone here will see how stupid you are, repeatedly, in all of your posts... lol!

    Clone - tell us, what came out the next day after you posted your crap I quoted above, Clone the CLOWN, you utter dimwit?

    FireFox 3.6.3!

    Why?? Because YET ANOTHER SECURITY VULNERABILITY SURFACED THAT DAY OR THE NEXT DAY in FIREFOX, YET AGAIN, lmao...

    "too, Too, TOO EASY!"

    Obviously clone the clown, you lost yet again, and you obviously have done nothing with your wasted life, based on such a stupid mistake on your part above CLOWN. Obviously, You're too stupid to exist CLOWN, and it's no small wonder that all you do is post on slashdot all day, as you don't have enough skills or degrees necessary to your name in computing to actually have or hold a job in the sciences of computing.

  63. Re:Let me add to your list of things to say to pol by Myopic · · Score: 2, Informative

    I was driving a car once and got pulled over. The cop wanted to search our car and I declined. He asked why; I didn't answer that question, and just repeated that I declined. He asked again. He offered to tear up my (very large) ticket if he could search. I declined, because I knew he would very quickly find weed in the car and in the pockets of everyone in the car. The four people in the car all would have gone to jail that night, but instead we drove away and I paid later the ticket.

    The car belonged to one of the passengers. She told me she was stunned all during the interaction, because she did not know that she had the legal right to decline a search. She said if the cop had asked her, she would have assented.

    Know your rights. It's fucking important.

  64. Re:The advantage of someoen claiming the 5th amend by gurps_npc · · Score: 1

    Yes, much harder. Recently people have taken to claiming the most horrendous things are 'legal' due to technicalities. To quote Scalia who thinks that "Torture is not punishment so it does not count as 'cruel and unusual punishment'" People claim that 'policy' makes something legal, despite the clear fact that something is policy just makes it a WORSE crime, it doesn't make it legal.

    --
    excitingthingstodo.blogspot.com
  65. hilarious... by hitmark · · Score: 1

    the philly.com page is distilled irony. A image of a sleeping kid (probably the most innocent they could get hold of) and then all around it are "most popular photos" with all kinds of near naked females, and link to an article about a sexy sports anchor.

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  66. Re:Let me add to your list of things to say to pol by mi · · Score: 1

    I declined, because I knew he would very quickly find weed in the car and in the pockets of everyone in the car.
    ...

    Know your rights. It's fucking important.

    Yours is a crappy example, because you were guilty of a crime (possession and transporting, probably, across state-lines too). You just helped reinforce the already widely-held opinion, that people refusing a search do, indeed, have something to hide... I really do wish, you and your companions got arrested and prosecuted back then — law-enforcement lost a good fight that evening, despite the cop's instinct being right about your group. (As long as weed is illegal, police ought to fight it — deciding the merits of the prohibition is not up to them.)

    You'd do your future audiences a great service, if you teach them the importance of knowing their rights without admitting your guilt like that... There are good reasons to refuse to cooperate with overzealous police, but your incident did not involve any.

    --
    In Soviet Washington the swamp drains you.
  67. Re:Let me add to your list of things to say to pol by Myopic · · Score: 1

    Indeed, you are correct. My advice was for people who don't want to be hassled by the police -- which is to say, absolutely everybody, innocent and guilty alike. Just because you are guilty is no reason to help the police ruin your weekend. For the most part I agree with what you said, but I guess I think my tale is a good part of the mix for admonitions to know your rights. (And in my case, I think my story doesn't carry the same weight if the listener doesn't know why it was so important to avoid a search.) To be sure, innocent people also need to know their rights, and assert them.

    Good luck.

  68. webcam cover by Anonymous Coward · · Score: 0

    this is why I put a cover on my kids webcam (e.g. camstop.net)
    I dont know why it isnt possible to build in a webcam cover?!?
    Maybe the governmet says 'no'?!!?