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School District Hit With New Mac Spying Lawsuit

CWmike writes "A former student at a suburban Philadelphia high school has sued his school district for allegedly spying on him and his family using a school-issued Mac laptop, according to court documents. The Lower Merion School District of Ardmore, Pa. was first sued in February 2010 by another student using similar charges. That case, dubbed 'Spygate' in some reports, was settled last October when Lower Merion agreed to pay Blake Robbins $175,000 and cover $425,000 in court costs. On Monday, Joshua Levin, a 2009 graduate of Herriton High, charged the district with violating his civil rights and privacy by remotely activating the notebook's built-in camera to take photographs and screenshots. On Wednesday, Lower Merion spokesman Doug Young called Levin's lawsuit 'solely motivated by monetary interests and a complete waste of the taxpayer's dollars.' Levin begged to differ. According to his lawsuit, Lower Merion used his laptop to take more than 8,000 photographs and screenshots between September 2008 and March 2009. A district report uncovered more than 30,000 photographs and 27,000 screenshots taken. Last June, lawyers made photos and screenshots available for viewing by the 76 affected students. 'Plaintiff opted to view the recovered images, and was shocked, humiliated and severely emotionally distressed at what he saw,' Levin's lawsuit stated."

41 of 330 comments (clear)

  1. The webcam light... by Rewind · · Score: 3, Insightful

    Did he never notice the webcam light turning on? It is kind of hard to miss on all the Mac laptops I have seen.

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    1. Re:The webcam light... by xMrFishx · · Score: 3, Insightful

      Only if you're looking in its direction. If it's also on for only a short period (to take a photo) then you will probably not notice, or consider it a random hardware glitch. I'd hope the light was hardwired so couldn't be overridden by software, but that's also a possibility.

    2. Re:The webcam light... by Toonol · · Score: 5, Informative

      ' "Plaintiff's younger brother noticed that the light in the camera would go off and on at odd times, wondering if the family was being 'spied on.' Plaintiff's mother dismissed this idea as absurd, as the notion that the school district was secretly monitoring and taking pictures of students was simply incomprehensible and beyond all rational belief." '

      Answered in the article. The thought that the school district was spying on them was dismissed as ludicrous. And, in fairness, it is practically insane. Rather than lawsuits and payouts, though (which punishes the wrong people), I'd prefer just to fire everyone in management at the school.

    3. Re:The webcam light... by pclminion · · Score: 5, Insightful

      And your point is what? That violation of privacy is okay so long as a LED is involved? That it's okay to violate the privacy of people who aren't paying enough attention?

    4. Re:The webcam light... by Vancorps · · Score: 5, Informative

      or ya know, tape

    5. Re:The webcam light... by MightyMartian · · Score: 4, Insightful

      I find it odd that this school district would be taking pictures of students and their houses using this webcam. As sucky as it is that this is going to mean a hit to taxpayers, I think these guys need to lose very badly and for very substantial amounts of money, because, judging by the attitude of their representatives, they are unapologetic assholes. If they won't make good on a reasonable settlement for their ill deeds, then maybe a judge can spank them hard, and the plaintiffs can use this sort of attitude to demonstrate to the judge the kind of people running the IT department of this place.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:The webcam light... by sortius_nod · · Score: 4, Insightful

      Pretty much it. Crying about how it's a "hit to taxpayers" really doesn't look bad for the plaintiffs. If the school had not decided to infringe on someone's human rights, well, there would be no case to answer. I hate seeing this bullshit being trotted out by lawyers and politicians all the time. Take some responsibility and deal with the problem. Blaming others just makes the general population loathe you.

    7. Re:The webcam light... by rsborg · · Score: 3, Informative

      Unfortunately, they'll be protected as employees. The school board will take the heat for this one, and not without justification, seeing as someone at the very least had their head buried firmly up their asses.

      Why should the school board allow this travesty of privacy? Let them suffer or have them recommend the firing of the guilty employees.

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      Make sure everyone's vote counts: Verified Voting
    8. Re:The webcam light... by jo_ham · · Score: 3, Informative

      It is. All iSight cameras on Mac laptops have hardwired LEDs. You can't disable the light in software.

    9. Re:The webcam light... by statusbar · · Score: 3, Insightful

      If any children were photographed by the school while taking off their clothes at home for bedtime, then the guilty employees should be charged with collecting child pornography.

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      ipv6 is my vpn
    10. Re:The webcam light... by mrchaotica · · Score: 3, Insightful

      I think these guys need to lose very badly and for very substantial amounts of money, because, judging by the attitude of their representatives, they are unapologetic assholes.

      No, what needs to happen is that they need to "pierce the corporate[/government] veil," so to speak, and criminally prosecute the people who made the decision to do this as the voyeurs they are!

      Fining the school district for very substantial amounts of money (to dissuade them from hiring sick totalitarian fucks again in the future) should be merely the icing, not the whole cake.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    11. Re:The webcam light... by Afell001 · · Score: 3, Interesting

      You know...if any of the students were caught nude, or even en flagrante...this could very well turn into criminal prosecution since any such pictures, taken of underage minors, is, in fact, child pornography. Let's lock up the sick bastards who would take snapshots of kids in various states of undress...and most expecially if they are caught in any sex acts with other minors...

    12. Re:The webcam light... by AK+Marc · · Score: 3, Funny

      Nobody enjoys Chatroulette...

    13. Re:The webcam light... by dissy · · Score: 3, Interesting

      As sucky as it is that this is going to mean a hit to taxpayers

      It wouldn't be a hit to the tax payers if the individuals in administration that were involved with this got fined directly, instead of the school.

    14. Re:The webcam light... by jo_ham · · Score: 3, Informative

      It's connected in-line with the physical power to the camera. If there is a voltage to the camera, the LED is lit.

    15. Re:The webcam light... by jtownatpunk.net · · Score: 3, Informative

      Money?!? The perpetrators need to be in prison. Not county jail. Not weekend lockup. Not community service. Not probation. PRISON!

    16. Re:The webcam light... by macs4all · · Score: 3, Interesting

      or ya know, tape

      Or even better, a jig that hangs on the lid, and has a mirror arrangement to arrange it so that all the camera ever sees (at home) is a goatse picture at just the right distance to be perfectly in focus...

      Hmm. What an idea for a product!

    17. Re:The webcam light... by macs4all · · Score: 3, Informative

      The power LED on my Amiga can be overridden (turned off). I can't think of any reason a Macintosh camera LED would be any different. If there's a will, there's a hack for it.

      LED on the Macbook camera is in parallel with the power supply to the camera. Camera module power == LED ON.

    18. Re:The webcam light... by anyGould · · Score: 3, Interesting

      If I remember the original articles last year, some people did notice the light blinking, brought it up with the school, and the school told them it was a glitch and that they should ignore it.

  2. What's the problem with being monitored? by jmcbain · · Score: 5, Funny

    If you're not doing anything wrong, then you have nothing to worry about. In this post-9/11 world, you have to relinquish some of your rights to live more safely. Think of the children.

    1. Re:What's the problem with being monitored? by TommydCat · · Score: 5, Insightful

      I believe the pervs in IT were thinking of the children when they activated the webcams...

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      This comment does not necessarily represent the views and opinions of the author.
  3. Kiddie pron? by CCarrot · · Score: 3, Insightful

    I'm an adult (no really, I am) and even I sometimes use my laptops without being, er, fully ready to meet the public, as it were*.

    Unless I miss my guess, a whole lot of these images would probably fall under the 'kiddie porn' category. I didn't RTFA, did they mention that in there? That bumps this issue up to a criminal court at least...even if someone is reviewing the images as they come in and 'deleting' the improper ones (wouldn't PedoBear love that job!), they've still been created, and viewed.

    *Of course I also have a little piece of electrical tape over each and every one of my laptop webcams. Try to hack that!

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    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  4. Schools violating privacy all the time by gubers33 · · Score: 5, Interesting

    Funny that Lower Merion is about 30 minutes from where I grew up and my former high school was violating privacy as well through technology. According to reports I am hearing from my family and friend who live in the area there school employees making fake Facebook accounts to befriend students to look for incriminating photos. It seems that many schools forgot that they are there to teach the students and think it is there job to police and discipline them for their activities outside of the classroom. As technology grows so will the number of those who abuse it.

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    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
  5. Blame it on IT by Luthair · · Score: 3, Insightful

    Does it seem to anyone else that they're trying to shift blame onto the IT folks?

    While I know nothing about the details of the report, or really the case beyond what has surfaced on Slashdot.... I find it hard to believe that the IT folks would be the ones directing which students to take pictures of, it seems that this direction would come from their superiors, the administration.

    1. Re:Blame it on IT by Vancorps · · Score: 4, Interesting

      As a recently promoted IT Manager from Sysadmin I can say that IT should have fought back. Spying is a dangerous game for anyone to play. Given the nature of trust granted to IT professionals privacy should always be a concern. Sometimes managers want to spy on their employees; to that I respond by asking them if they are happy with the work their employees are doing. If they are not happy then I suggest they talk to that employee about their performance, this usually happens with HR involved. I consulted with legal and it is now company policy. The only way we'll spy on you is if we think you're doing something illegal and luckily so far that hasn't come up.

      It is our duty to safeguard all users of the network, not just the executives. The case would only be more true in a public setting like a school and especially when kids are involved.

  6. Motivation by whisper_jeff · · Score: 5, Insightful

    He's motivated by money? Well, yeah, but he's also right and I imagine the school district will be cutting another cheque. His motivation for filing the suit doesn't matter - all that matters is whether or not he's right and, as has been made clear, odds are very good that he is.

    1. Re:Motivation by RingDev · · Score: 5, Insightful

      Consider it motivation for you, the tax payer, to pay attention to, or to become part of your local school board. Since most school funding is provided through property taxes, you DO have local control.

      -Rick

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      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    2. Re:Motivation by formfeed · · Score: 3, Insightful

      The School District==The Taxpayer==Me. Great. Another check for me to write and I had nothing to do with it.

      And if live in that city that check comes out of your property tax. Which would make you unhappy. Hopefully, the consequence would be to go after the people responsible for it. Hint: not the student.

  7. Re:judges need to say no by DanTheStone · · Score: 4, Insightful

    Why do you feel this case is wrong? Suing the hell out of the people who do these things is the only effective way to discourage others, if the state isn't going to imprison those responsible.

  8. Prison would make more sense by Anonymous Coward · · Score: 4, Insightful

    This doesn't seem like the kind of thing that should be solved by monetary re-imbursment.

    There should be a federal investigation, and everyone who decided to spy on school kids, as well as everyone who was aware this was going on but didn't report it to the police, should be charged and possibly sent to prison.

    1. Re:Prison would make more sense by MightyMartian · · Score: 4, Insightful

      This doesn't seem like the kind of thing that should be solved by monetary re-imbursment.

      There should be a federal investigation, and everyone who decided to spy on school kids, as well as everyone who was aware this was going on but didn't report it to the police, should be charged and possibly sent to prison.

      That would be the way it should go, but it doesn't seem there's even the least bit of interest in a criminal investigation. The plaintiffs are left but one recourse now, and that's a civil remedy.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Prison would make more sense by element-o.p. · · Score: 3, Interesting

      'Kay...convict them, then release them immediately on probation. But make absolutely sure that everyone involved in the decision-making process is required to register as a convicted sex offender.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  9. Well, teaches kids a valuable lesson by Opportunist · · Score: 4, Interesting

    Whenever you get something for free, distrust it. Even if it's from someone you would trust otherwise.

    Your privacy is yours to defend. Everyone else is trying to limit it. Companies, governments, hell, I even know parents who think it's a good idea to spy on their kids all the time. Hey, do you know where your kids are now?

    My hope is, now that teenagers finally get to feel what level of blatant trespassing on privacy is happening, we might eventually get a generation that starts to oppose the development. It might take longer than "Generation Facebook", but I hope our powers that are do what they usually do: They overdo it to the point where people start to fight back.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Re:judges need to say no by MightyMartian · · Score: 4, Insightful

    Let me get this straight. School district staff turn on webcams and start taking pictures and screenshots, apparently 30,000 images worth, without authorization by parents (these are minors, they have no right, even if they had been told, to sign off on this spying scheme). You're attitude is that this is "money grabbing". If it was my kids, not only would I want a pile of cash to teach the school board a lesson, I'd want the weirdos tried in criminal court.

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    The world's burning. Moped Jesus spotted on I50. Details at 11.
  11. Re:judges need to say no by networkBoy · · Score: 4, Insightful

    I'm with you, except I would like to see the case filed against individuals in the district:
    Principal of the school
    everyone on the school board
    head of IT
    school superintendent.

    All of those individuals *had* to know what was going on, and any one of them could have *stopped* it cold. They are the culpable ones and should face both civil and criminal charges. They can not claim I was following orders, because they are the ones that make the orders.
    -nB

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  12. FBI blew it off. by pavon · · Score: 5, Interesting

    The FBI did investigate and chose to not press any charges, since they didn't have "criminal intent", which is of course bullshit. They broke the law, and there are penalties for illegal wiretapping, both with and without criminal intent.

  13. Re:Child indecency? by MightyMartian · · Score: 5, Insightful

    If it was John Q. Sicko of 222 Anystreet Anytown USA, right now he'd be rotting behind bars while the the DA was deciding whether to charge him with possession of 10,000 porn images of minors or 15,000. But because they are employees of the school board in question, the victims of this are instead accused of being immoral money grubbing bastards.

    Someone needs to sue these guys for millions. It's about the only way the assholes that run this shoddy little branch of government will get the point that what happened was not alright. I'd prefer criminal proceedings and sex offender designations for whoever was storing those images, but it's clear the school board is not interested in doing the right thing here, and the DA isn't interested in actually taking on some sickos, so the only route to justice is to turn the school board upside down and shake the money out of its pockets.

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    The world's burning. Moped Jesus spotted on I50. Details at 11.
  14. Where's the respect for student? by milwcoder · · Score: 3, Interesting

    On Wednesday, Lower Merion spokesman Doug Young called Levin's lawsuit 'solely motivated by monetary interests and a complete waste of the taxpayer's dollars.'

    I'm appalled by the sheer lack of concern of the privacy issue raised by this lawsuit, and the respect for students indicated by this official statement. I'd start a campaign to vote out the current admin if my children were given this kind of treatment.

    1. Re:Where's the respect for student? by ScrewMaster · · Score: 3, Insightful

      On Wednesday, Lower Merion spokesman Doug Young called Levin's lawsuit 'solely motivated by monetary interests and a complete waste of the taxpayer's dollars.'

      I'm appalled by the sheer lack of concern of the privacy issue raised by this lawsuit, and the respect for students indicated by this official statement. I'd start a campaign to vote out the current admin if my children were given this kind of treatment.

      The arrogance of a typical school's administrative personnel is not to be believed. Really, it's just over the top.

      --
      The higher the technology, the sharper that two-edged sword.
  15. What are we teaching our kids? by erroneus · · Score: 3, Interesting

    We can talk all day long about "fair" and "unfair" and on and on and never arrive at a conclusion. But "childhood" is a transitory state. The purpose of teaching children is to teach them to be good, useful people when they become adults. I think this amount of truth is indisputable.

    But by teaching them to accept being spied upon and to have no "expectation of privacy" or anything along these lines, what are we breeding? It is known that it is a human need to have privacy and a sense of self and in every case, the result is rebellion or some other undesirable result. We tend to think things like "it's our right to know" but is it our right to do that kind of psychological damage to these developing minds?

    In addition to teaching them math, language, science and history, we should also be teaching them about the world they are growing into and how to cope with it and what to expect from it. Sure, students shouldn't be doing things with school equipment that it was not intended for, but when the cost of having it (was it optional?) removes privacy and even dignity of the students AND their unsuspecting families, it is clear someone's sense of authority has gone beyond its boundaries. And once again, what does this say to the young mind?

    We keep seeing stories of how schools interfere with the private lives and dealings of students. There are and should be limits which at least mirror those we can expect to see in the work place. For example, "sexual harassment" can and does extend beyond the walls of the office building as does anything that creates a hostile work environment. Similarly, if a student harasses another student, it should be actionable by the school in some way. However, when it comes to things like "being critical of leadership" we need to treat school officials as if they were politicians in office and so when someone makes a mock-up web site for their principal and makes all sorts of "parody" types of claims, that sort of free speech needs to be protected in the same way. But these school leaders end up acting like tyrants and dictators or in ways that are inconsistent with our governmental and judicial ideals. That simply needs to stop.

    In the end "think of the children" because they are the adults of tomorrow. And you know what? Think of YOURSELF because those young bastards will be taking care of us in one way or another and the quality of that care depends largely on how well we take care of them now!

  16. It's a bluff tactic by Weaselmancer · · Score: 3, Interesting

    They have a right to say that. It doesn't have to be true, they're just hoping the plaintiff will say "Oh I see, well nevermind then" and back off.

    It's like how you see those signs on trucks that say "Not responsible for objects coming off the road." Or signs in parking lots saying "Not responsible for any damage to your vehicle." Or at the park "Not responsible for any missing or stolen items."

    They want you to believe that so you don't sue. When honestly it's up to the judge to determine if they are responsible or not. But if they can bluff you into not asking, bravo for them.

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    Weaselmancer
    rediculous.