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.

Comments

Surprise, Surprise

[WrongSizeGlass]

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

You know what they caught...

[AnonymousClown]

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

Fifth Amendement Right

[CheshireCatCO]

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.)

Re:Fifth Amendement Right

[twidarkling]

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.

Re:Fifth Amendement Right

[MrOctogon]

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.

Re:Fifth Amendement Right

[belmolis]

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.

Insanity in School Districts

[Cheviot]

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?

Re:Insanity in School Districts

[Bureaucromancer]

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.

Re:Lightbulb?

[ElSupreme]

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.

the Fifth

[Somegeek]

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.

One thing still bothering me

[Locke2005]

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.

Re:Lightbulb?

[Deadstick]

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

rj