Did a Pennsylvania school district use iSight to iSpy?
The FBI and lots of parents want to know if school-issued MacBooks were used to spy on students at a suburban Philadelphia school.Earlier today, a federal judge was asked to stop the school from destroying any records or logs from the 2,300 laptops that were used by high school students that attended Harriton High School in the Lower Merion School District.
The district admitted that it activated the iSight cameras to find more than 40 missing student computers. Officials claim that the district is no longer turning the cameras on remotely.
Meanwhile, other lawyers are pursuing a potential class-action lawsuit against the district. The FBI is investigating if the school district broke any federal wiretapping or computer intrusion laws.
The district noted that students must sign a release when they get the laptops, but the release does not state that the iSight cameras might be activated without the permission or knowledge of the students or their families.
The parties met in court today as a judge ruled on the preserving of evidence. Some students say they are now putting tape over the camera and microphone on the laptops to keep school employees from seeing or hearing anything.
According to one student involved in the legal action, the controversy began when an Assistant Principal at the school said the student was acting inappropriately at home. The student wondered how the Assistant Principal would know, and that started the investigation.
The school district has said that it has not spied on students, but activated the cameras on computers it said were lost or stolen.
Creepy.
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The FBI and lots of parents want to know if school-issued MacBooks were used to spy on students at a suburban Philadelphia school. Earlier...
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What the hell are you talking about? Of course there is an expectation of privacy NOT TO SPY ON STUDENTS IN THEIR OWN HOME. The agreement the students and parents signed to receive a school laptop did not say ANYWHERE that they had this capability or would use it for any purpose, be it recovering stolen laptops or voyeurism. When you receive a company laptop, you are loaded up with warnings telling you what not to do and how they may track you in order to prevent inappropriate behavior. That wasn't done here, and there inlies the problem.
If you don't view that as against the law, then you don't understand the very principals upon which this country was founded.
What? If the laptop is reported stolen then....it's not in the student's possession! Then the school district isn't spying on the students in their homes! The whole deal is that this security software isn't activated UNTIL the laptop is reported stolen or missing, and THEREFORE not in the student's possession. Then the district tries to recover it.
The two situations are mutually exclusive: if the student still has the laptop, then the district isn't accessing the camera, to spy or locate it or otherwise. If the student DOESN'T have the laptop, then the school district will try to locate it through security software installed on it. Now, should the district have written policies in place explaining how and why they intend to access computers? Sure. And if they didn't, they should. It doesn't mean they ACTED badly, or did anything untoward to this student. The laptop was missing. The district tried to locate it. If they thought it was still with the student, it woul ... More are isn't activated UNTIL the laptop is reported stolen or missing, and THEREFORE not in the student's possession. Then the district tries to recover it.
The two situations are mutually exclusive: if the student still has the laptop, then the district isn't accessing the camera, to spy or locate it or otherwise. If the student DOESN'T have the laptop, then the school district will try to locate it through security software installed on it. Now, should the district have written policies in place explaining how and why they intend to access computers? Sure. And if they didn't, they should. It doesn't mean they ACTED badly, or did anything untoward to this student. The laptop was missing. The district tried to locate it. If they thought it was still with the student, it wouldn't have been missing.
In fact, if you want to get technical about it, it's not even clear the students need to be informed of the software's existance, being as how it won't be used while a student is in possession of the laptop. Why would the students need to know of things that don't involve him or her? Now, if some student REPORTED the laptop stolen, but yet really still had it for purposes anybody reasonable can certainly infer, without realizing that the district might have something that could track it, well, gee, now that student has a problem. But not the district.
You still seem to be stuck on the allegation by the student and his parents that the laptop was properly in the hands of the student. From the school district's perspective, it was not. It's just that the district is under a gag order and therefore is not able to tell its side of the story. Which, believe me, makes a lot of sense if you happen to be a bit more familiar with the people and lawyers involved.
"What if your daughter had one of these laptops in her room that she used to type papers at night and in the morning? Just after a shower? While changing? How infuriated would you be at the thought of a school administrator thinking nothing of their ability to watch them?"
You're missing the point. That wouldn't be happening because the district wouldn't have activated tracking software while in her possession. Just because they can doesn't mean they will or that it's even likely they would. Hell, they could put cameras in the bathroom, but you and I both know they won't because it just doesn't make sense that they would and only someone unduly paranoid would fear it. I'm not about to tell my daughter not to go to the bathroom while at school. What's any different about this other than the spying would be novel and technological? It still doesn't make it likely.
Now, that being said, nobody has an expectation of privacy in a laptop they do not own. Ask anybody who has a laptop or computer at work and ask if they have any expectation of privacy in it. No. Even when it's at home.
The student's lawyer was on Good Day Philadelphia yesterday morning. He explicitly stated that the laptop WAS NOT reported lost or stolen.
Also, the school district issues laptops to all students. These are allowed to be taken home, and they routinely are. It is very similar to a school-loaned graphing calculator.
The school district is so far in the wrong here that it is silly. What if your daughter had one of these laptops in her room that she used to type papers at night and in the morning? Just after a shower? While changing? How infuriated would you be at the thought of a school administrator thinking nothing of their ability to watch them?
This is a gross invasion of privacy with no prior warning given.
Of COURSE the STUDENT's lawyer said the laptop had not been reported lost or stolen. But that's not what the school district maintains. Only they're not on Good Day Philadelphia spinning the story their way. Can you imagine if the school district superintendent went public with an internal matter like that? The school district can't comment, leaving the venue wide open for un-challenged assertions by the plaintiffs until these matters are handled in discovery or at trial, assuming this thing isn't completely dismissed by then, after reasonable people have looked into the matter from a perspective other than what happens to be alleged in the complaint. Keep in mind you can allege anything you want to in the complaint; it doesn't make it true, or even capable of surviving a motion to dismiss.) Haven't you noticed that the information we have on this case is exclusively one-sided? The district's hands are tied in what it can say. It even stopped sending out emails to the paren ... More eir way. Can you imagine if the school district superintendent went public with an internal matter like that? The school district can't comment, leaving the venue wide open for un-challenged assertions by the plaintiffs until and if these matters are handled in discovery or at trial (assuming this thing isn't completely dismissed by then, after reasonable people have looked into the matter from a perspective other than what happens to be alleged in the complaint--keep in mind you can allege anything you want to in the complaint; it doesn't make it true, or even capable of surviving a motion to dismiss.) Haven't you noticed that the information we have on this case is exclusively one-sided? The district's hands are tied in what it can say. It even stopped sending out emails to the parents letting them know what was going on from the district's perspective. No such restriction exists for the other side, and they're filling the void with whatever they want to say because....they can.
While it's shocking and outrageous to think of a district spying on students, it just doesn't make a lot of sense. But the idea that this kid tried to steal the laptop without realizing that the district has tracking software makes a whole lot more sense. And the fact that he'd lie to his parents about having reported it stolen, or otherwise tried to finagle the laptop, just adds to the "yeah, that sort of make sense" feeling I get.
I'm not about to string the district up from a wild and fantastic story by a kid who doesn't want to get caught and some parents who are deluding themselves. Not by a long shot.
The kid had reported the laptop stolen. When the school tried to recover the laptop via imbedded security software (due to the student himself having reported the laptop stolen) they found....the student.
The students aren't apprised of the security software's existence because it doesn't implicate them. It's not used when they're in possession of the laptop. It's a security feature for precisely when the laptop has left the student's possession due to it being lost or stolen.
The fact that this kid was captured in front of the laptop doesn't mean his privacy expectations were violated, it means he's a thief. And his parents, rather than face up to the fact that their son may not be the angel they think he is, overlooked the essential incongruity of the district randomly monitoring students and filed a lawsuit. And it's not the first time. They filed a lawsuit last year against the district during a redistricting controversy.
I'm sure the district needs b ... More dent.
The students aren't apprised of the security software's existence because it doesn't implicate them. It's not used when they're in possession of the laptop. It's a security feature for precisely when the laptop has left the student's possession due to it being lost or stolen.
The fact that this kid was captured in front of the laptop doesn't mean his privacy expectations were violated, it means he's a thief. And his parents, rather than face up to the fact that their son may not be the angel they think he is, overlooked the essential incongruity of the district randomly monitoring students and filed a lawsuit. And it's not the first time. They filed a lawsuit last year against the district during a redistricting controversy.
I'm sure the district needs better policies in place so everybody knows how and when the software can be used, but that doesn't negate the fact that the school isn't in the business of tracking students. It's in the business of tracking hundreds of thousands of dollars worth of expensive laptops. And when they're stolen and otherwise presumed to be not in possession by students, the district isn't just shrugging its shoulders. If it did, parents like these would be suing the district for wasting their tax dollars.
it is interesting.
I would go paranoid if the green light started flashing and i wasnt on ichat or skype
I can't wait for the rest of the story. Kids lie, all of them. How do we know the student didn't take the picture of himself and post it/email it? Get busted and blame it on the school. It is easy to blame the school.
February 23 2010 at 11:54 AM Report abuse Permalink rate up rate down ReplyContrary to some reports, it seems that the MacBook in question was taken home without the mandatory insurance being paid. It's also been called into question if it was the student's or a loaner. To clarify, LM had announced to students (but not to parents AND not in any written communication home as far as I've been able to find out) that they had the right to investigate in any manner the whereabouts of any lost, missing or stolen computer. As the property of the Lower Merion School District, the IT staff did have the responsibility of determining where a possible missing MacBook was.
The major mistake seems to be that the assistant principal called a minor into her office and put forth the accussations that not only was the MacBook illegally taken home but while investigating that situation, it appeared that the student had drugs in his possession. IF she had called the parents in, explained the policy of why the iSight had been turned on for that particular MacBook and what was observed when the images were viewed, then we probably wouldn't have this blog at all.
if insurance is required, how did the student get the laptop to take it home. would they not be locked up to prevent such things. If they were not or someone failed to check on the insurance issue, that's not on the child. Simple GPS/wifi location would have told them where the computer was. Then they contact the parents, explain that they have reason to believe that Mikey checked out a laptop but the insurance was not paid and would the parent take responsibility for making sure the computer is returned the next day. And Mikey can't use a school laptop until the insurance issue is settled. Very politely, no reason to risk turning on the camera and catching Mikey's little Mikey in the photo.
that they didn't warn anyone about the use of the cameras is putting the photos into the realm of tainted goods. and if it was the student's actual computer, that is really going to open a hornets nest of trouble.
so this story broke like 7 days ago, and today the courts told them not to delete any logs.
Nobody else thinks that all logs were destroyed 6 1/2 days ago and all logging was switched off?
This is why my children will never be allowed to take a computer from their school. I will work extra freelance work if they need something other than what has already been provided.
February 23 2010 at 8:47 AM Report abuse Permalink rate up rate down ReplyThis laptop was NOT reported stolen. There was no reason for school administrators to be peeping in on students lives other than sheer morbid and perverted curiosity. This potentially means that school administrators can just flick a switch and start monitoring any student using their laptop, regardless of if it's for theft recovery or any legitimate reason.
The school district claims it has found 42 missing or stolen laptops using this program. That is a good, legitimate use of this technology. But I think this goes deeper than some rogue assistant principal. In order to have the balls to reprimand a student with a screen capture of something he did in his own home, this must have been seen as fine by the people above him. And that's the scary part. You now have a few dozen people who can spy on any student in their home with no warning or consent. Also, there are reports that even teachers have the ability to spy on their students. And any of these people can take screen captures or video.
Also, Lower Merion School District is one of the most affluent in the state, if not the country. Property taxes are enormous around here, that's why they can afford to give out MacBooks to thousands of students. Pay a lot, get a lot.
And yes, the lawyers are out in full force for this one. As they should be. This is a gross and negligent abuse of power with no prior warning given.
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