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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.

28 of 367 comments (clear)

  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 0100010001010011 · · Score: 4, Funny

      You mean Giggity*.

      *Seniors over the age of 18 only.

    3. 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.

  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 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.
  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 Sponge+Bath · · Score: 5, Funny

      He is a she...

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

    2. 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!
    3. 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.
    4. 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

    5. 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.

    6. 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.
  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 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.
    2. 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.
    3. 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.

    4. 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/
    5. 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'.

    6. 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.

  5. 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.

  6. 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.

  7. 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...

  8. 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"

  9. 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..
  10. 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
  11. 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.