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Texas High School Student Loses Lawsuit Challenging RFID Tracking Requirement

Chris453 writes "Earlier today, a Texas High School student named Andrea Hernandez and her family lost the first round of the lawsuit filed to prevent her school district from forcing its students to wear RFID badges for tracking purposes. The judge in the case declared that the district's compromise for the student (a badge without the battery) was sufficient and dismissed any First Amendment issues. The badges are RFIDs powered by built-in batteries and one of the concerns was that the badges would be used to track students off-campus. Interestingly enough, the school district claims in court documents that 'The badges do not work off campus (PDF).' However, on their website, the school district confirms that it is conceivable that an off-campus RFID reader could access badge serial numbers, but tries to downplay the significance: 'Therefore, an intruder or "hacker" can only learn that the tag serial number is, for example, #69872331, but that does not provide any useful information. Has the district committed perjury by claiming that the active RFIDs magically deactivate themselves when off school property?"

11 of 412 comments (clear)

  1. Sorry dude by dyingtolive · · Score: 5, Insightful

    You're under 18, so not a human being in the eyes of the state, and as such subject to being tracked like cattle.

    If it's any consolation, the rest of us are only marginally human beings in the eyes of the state, and are still subject to being tracked like cattle if we go out to anywhere public, or use any service or product. On the bright side, you're getting indoctrinated to it early.

    --
    Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    1. Re:Sorry dude by punman · · Score: 5, Insightful

      ... I do not believe you can legitimately solve societal issues with technological mandates.

      Nor with legislation.

    2. Re:Sorry dude by Anonymous Coward · · Score: 5, Interesting

      For the first 30 years of its use in the 1800s, dude was a nongendered term used to mock how someone dressed(today, we use the term "metrosexual" in much the same way, albeit only referring to men).

      Gradually it changed to mean "an idiot from back east who has no clue", and then to "those city slickers who are paying us to to let them play cowboy".

      Its appropriation by the surfer culture in the 60s and their feminization of the word "dudette" created the perception that dude is a gendered term, but general usage still supports its equal usage.

  2. Read the PDF by Chrisq · · Score: 5, Informative
    I think it is fairly clear that it is the ability of staff to track students location that only works when the student is on campus. Of course it would have been better to qualify that with a statement that the card will still respond to other readers:

    ...the chip in the Smart ID badge also enables school staff to locate a student on a campus with a very large student population.16 The campus is equipped with sensors to read the card and school staff can determine the general whereabouts of the student carrying the card.17 The sensors do not give an exact reading or pinpoint the precise location of a student (e.g. a specific classroom), but it would show whether the student is in a certain wing of the school.18 The Smart ID badges work only within the school campus that has been equipped with sensors to read them.19 The badges do not work off campus.

    1. Re:Read the PDF by Attila+Dimedici · · Score: 5, Insightful

      Except that staff, who have access to the information regarding which students have which RFID badges, can track the students off campus, they just cannot do so with the school's equipment. It is not the badges which do not work off campus, it is the central tracking system which does not work off campus. This is a violation of "the truth, the whole truth and nothing but the truth." There is a reason that the oath is worded that way, your statements to the court under oath are supposed to be worded so as to be clear as to their meaning. Reading this it looks to me like this was carefully worded so as to make it seem that the badges stopped functioning when the student left campus while leaving the school able to say, "Oh no, that is not what we meant at all."

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  3. Depends on what the meaning of is is by Qzukk · · Score: 5, Insightful

    Sounds like any perjury on their part would hinge on what it means to work and whether the judge allows them to make their own definition of the word.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  4. Perjury? by Anonymous Coward · · Score: 5, Insightful

    No. If the "system" "works" in such a way, then once you break that way, that system breaks. Now, you may be left with multiple parts of that system, in different places, and maybe another system could use that piece for it's purpose, but it's not perjury to say that those cards do not "work" off campus, because here "work" is defined by being an active part (ID badge) of an active system (school RFID system), with an intended purpose.

    It's sorta weird to see how RFID is associated with privacy. The student is at school, in their physical body, that we all can see with our built-in eyes! Normally, they're accounted for via some "roll-call" in the mornings (or at least that's how we used to do it back in the day), and then that information was sent to the office where it was processed, and a larger set of information was sent to the state, and everyone that was at school that day was accounted for, it's been happening for a long time now. So what if they want to put teachers at all corners of the halls and watch all of the students, what's wrong with that? ...other than it being waaay to expensive for the tax payers to pay the teachers. So instead, they try this idea, and everyone is trying to freak out over a privacy issue. I don't get it, but I'm old and it's probably time that I just move on to yelling at the neighborhood kids about my fine grass.

  5. Battery? by pla · · Score: 5, Insightful

    "The judge in the case declared that the district's compromise for the student (a badge without the battery) was sufficient"

    Active RFID tags cost a fuckload of a lot more than passive ones, not to mention they occasionally need the battery replaced. Never mind the privacy issues here, why the hell do we allow public schools to waste so much taxpayer money on frivolous BS like this?

    I have two passive RFID badges I use on a daily basis, and they do their thing just fine. Hold it up to the pad next to the door, the door goes "click", done.

  6. Unique random ID *is* "useful information" by Anonymous Coward · · Score: 5, Insightful

    "Therefore, an intruder or "hacker" can only learn that the tag serial number is, for example, #69872331, but that does not provide any useful information."

    Joe Stalker sits in a car, watches student walk by, and notes the RFID that shows up on his scanner. From that point on the student is trackable by RFID.

    Sure, the ID# doesn't provide any personal information by itself, but now any personal information that is found (e.g., follows student to home address) can now be uniquely associated with that student and tracked. The exact reason why a unique ID is useful in the school context is also why it would be equally useful in other contexts. If it works at all, then, yes, it does "work off campus". The fact that you can't access the school's database mapping from RFID to student personal information is irrelevant. Someone could build their own database.

  7. Easy Fix... by kuhnto · · Score: 5, Funny

    Easy Fix... Give her two badges. Once see determines the one that is the Serial number "of the Beast" she can turn that one in.

    --
    "A 'person' is smart. 'People' are dumb, panicky animals and you know that."
  8. There is a simple solution to this by wcrowe · · Score: 5, Insightful

    Every student should refuse to wear the badges. They don't have to destroy the badges or anything like that. Just get together and toss them in a big pile. Problem solved. They're not going to suspend every single student. Of course I come from the tail end of a generation where burning draft cards, holding sit-ins and other acts of civil disobedience were not such a foreign idea.

    --
    Proverbs 21:19