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PA school district avoids charges over webcam spy scandal

Philadelphia school administrators involved in a webcam spying episode will escape criminal prosecution, federal authorities have decided. A high school in the Lower Merion School District of suburban Philadelphia used laptop cameras outfitted with LanRev theft tracking software to monitor students. The unorthodox use of the …

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Happy

Great result

Sorry your Honour

I know I was peeping in that girls window but I just wanted to check she was wearing the correct underwear.

The was no criminal intent

Thumb Up

Criminal Intent ?!?

***"For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent. We have not found evidence that would establish beyond a reasonable doubt that anyone involved had criminal intent."***

That'll be Gary McKinnon off the hook, then....

sadly...

Gary had to find his way around systems designed to exclude un-authorized users; he must have recognized that he was not an authorized user; whatever his ultimate intent he should have known that he was doing something he should not have been doing.

The school administrators will have had no such obvious barrier to pass.

The cases are not directly comparable.

Thankfully the civil case against the school is still up, because it was still wrong.

Sam

Stop

NBot sure about your argument there

The users of the laptop snap software must have known that they were taking pictures on laptops that were not stolen, having taken 58,000 of them and actually having looked and acted on them.

The key here is intent not password access.

McKinnon accessed the systems that he did knowing that he shouldn't.

The users of this system, whilst not having access barred to them, used the systems in a way which was prohibited.

The situations are not that different actually.

Wrong indeed

If the students has not given permission then surely installing spyware on the computers they are using (assuming they did not have to agree to small print T&C before using them) counts as unauthorised access. It could also be argued that their privacy was compromised and that the computers had been impaired by the installation of software unknown to the recipient. As well as the security of the computers being impaired due to th software which was installed on them being remotely accessed.

Dono what the data protection laws are like there but here I would suggest that this contravenes them also as private data is being taken from a computer without the computer owners knowledge.

The transfers of these files will have used up bandwidth, there is impairment for you. Modifications to cpu load and ram will have occurred, again impairment.

It's pretty stinky this and even stinkier that nothing was done about it after the event. As usual, 1 rule for the establishment and another for the rest of us. Hope the civil suit goes a little better.

Big Brother

Let's look at this sentence again.

"Federal prosecutors this week decided not to persue criminal charges in the case after concluding there was no criminal intent in the alleged surveillance."

So did McKinnon have criminal intent? Knowing that he shouldn't is not the same thing as criminal intent.

Really officer I didn't have criminal intent when I bought this fifty pound bag of Marijuana, I thought buying for personal use was legal.

No wonder the kids don't have any respect for the law. The bad part is if the parents win a big settlement, every one in the community will have to pay higher taxes to cover it, and these idiots will still have a job.

BB for obvious reasons.

Stop

yes but

the owner of the computer is the school board, not the student.

Sorry, I'm still not getting it

Mackinnon 'should have known that he was doing something he should not have been doing.

The school administrators will have had no such obvious barrier to pass.'

Seriously? In this day and age there exist people who think that spying on other people's kids in their bedrooms is something they *should* be doing? I'd say that was a pretty obvious barrier to pass.

And yes, bedrooms do have systems designed to exclude unauthorized access - they are simple bits of hardware called 'locks' and 'curtains'.

Insulating tape and Apple products

is there no end to their usefulness?

FAIL

complete buggery!

if this had been done by an individual they would be getting years to life.

58,000 child images, from web cameras in laptops - this were most likely in the users bedroom.

There is surely at least 1 (if not many more) "inappropriate" images.

As the trouser snakes that perpetrate idiot rules and regs say : "... think of the children..."

prosecute them ALL -

Minimally fire them ALL

FAIL

no proof of a deliberate campaign to spy

That'll be 58,000 accidental pictures, then. Major accident!

FAIL

Irish Donkey beat me to it

Basically, I've heard it said again and again "ignorance of the law is no excuse". So I don't see why in this case, suddenly it is. And secondly, I think teachers of all people would have some inkling that it's possibly unlawful to take photos of students in their bedrooms and on other private property (without their knowledge) -- 58,000 times.

Well, that's why we're so lawsuit happy in the US! If the legal system lets you down, just sue sue sue.

McKinnon

Like the saudi's (and many other third world countries) the USA believes that furriners are automatically guilty.

Much better

"Like the Brit's (and most all other countries), the USA believes that the public at large is automatically guilty."

Now it's more accurate if not exact.

Neat

They should stick this on the lap tops that are being handed out here by UK Government, let's just see if they get used for something useful?

WTF?

They prosecute sexting teens, but not peeping admins

How do they justify criminalising and prosecuting a number of teens for 'sexting', but not prosecuting adults remotely spying on minors... Bizarre.

Unhappy

Yep

That's how the US school system works: as long as you claim you're not a perv, you're allowed to do anything you want. It is only if you admit that you like looking at pictures of teens in various states of undress that you get into trouble. No, really, in any case of an accusation of inappropriate conduct by a school employee they simply take the employee's word for it that they did nothing wrong.

"No criminal intent?"

So it's no longer criminal to spy on teenagers in their bedrooms in the US?

Anonymous Coward
FAIL

WHAT!

FOR REAL?

Really? Really for real!???Really!

I think my reaction was similar when I first heard about this story.

America Justice Fail.

Anonymous Coward
Anonymous Coward

Disappointment.

As it turns out, being criminally clueless and knowingly lying about it is a defence for these people. Given the narrowly averted and like as not lasting harm that would've come to the kid, it wasn't criminal? Just because it's the school district? Compared to arresting a 12 y/o girl for doodling on her desk, it's all too clear that if you hold any position of bureaucratic power at all, you're home free. Disclaimer: Doesn't go for IT admins. Given what schools and other bureaucratic things get up to, if that was my kid, I'd want to hang them high. Pour encourager les autres.

Anonymous Coward
Thumb Down

Nail 'em up I say, nail some sense into 'em

It's the only way to be sure.

FAIL

How?

I wonder how the parents or students in that school district can ever trust the school administrators again?

Unhappy

They can't

What makes you think they trusted them before? What alternative do they have? Homeschooling is only an option if one or more parents don't work for a living, and private schools cost a minimum of $10,000 per year in the states. If you don't send your kid to school, you go to jail. We never trusted them to begin with, but we simply have no choice but to continue to allow them to mistreat our children.

Anonymous Coward
Big Brother

Think about it

This was a decision by federal authorities.

The LAST thing government wants to do is set any sort of legal precedent which could be used against the spying it does on its citizens.

Big Brother

Criminals failing to prosecute criminals. Whodathunkit?

Seconded.

The Feds won't touch this with a ten-foot pole because it would otherwise take away a rung of their own already precariously-balanced-legality information gathering systems.

Hopefull..

...that maybe some legal action on the State or local level might turn out to be more effective. I believe that there is still a lawsuit brought up by one or more of the families involved. But it's still so very disappointing the Federal courts didn't care to follow up on this matter. This sets a very bad precedent for other school districts/systems -- the Lower Merion school officials lied about the facts in a Federal investigation and the conclusion is there was no criminal intent? It's mind-boggling that Federal prosecutors think it's OK to spy on students even when they are not on school grounds and that photographic monitoring of families in their own homes is acceptable. I wonder how long it will be before every baby born in a hospital will be, by law, required to have an I.D. chip implant (that also includes GPS)?

Pint

But what about Blago

The only thing he was convicted on was lying to the prosecutors.

I need one of those 100 proof beers.

Anonymous Coward
FAIL

Rip Torn?

So I presume that since there was no criminal intent when he broke into the bank with a shotgun, mashed out of his head, he'll be getting let off.... Nope... didn't think so.

Double standards, which unfortunately considering the Ian Tomlinson coverup, happens everywhere.

Flame

Translation...

The Prosecutor decided that it would be a difficult case to prove guilt because the burden of proving mens rea.

IMHO that's a cop out.

This post has been deleted by its author

Anonymous Coward
Anonymous Coward

But the braying mob wants blood. ....................

They are here pitch folks at the ready just waiting for somebody to shout......................................'Won't somebody think of the children'

Anonymous Coward
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That's the problem

It's not the civil (a.k.a. monetary damages) lawsuit that was dismissed here - it's the criminal one!

This means that no-one responsible for this will go to jail or even loose their job for this, but that they are still likely to have to pay up.

And that's the problem - they are likely to loose the civil lawsuit which is unaffected by this, and will just pay with public money, which as you say they have plenty.

Lower Merion Webcam Crime Coverup

We <a href="http://tickerforum.org/akcs-www?post=160007">knew the answer a year ago</a>. What's the problem now, short memory?

The fascism, snooping, sovereignty over-rides have to be fought at every level now!

Turning the lights out logically, strategically, and as scheduled.

Anonymous Coward
FAIL

@malsdq

"although unconstitutional, the ruling was probably in everyone's best interest"

Seriously? It's no wonder the country is in a mess with moronic thinking like this.

FAIL

money?

This was the federal government deciding not to pursue a criminal investigation, it's got very little to do with compensation.

The civil suit will still be going ahead and I can't see how the school could possibly win.

What the decision here means though is that no one is going to jail for spying on minors in their bedrooms.

Sir

If they have turned it off and since the case has been so widely publicised, does this mean if someone gets caught doing it in future it *will* be illegal?

I know the law is an ass*, but this seems a little like cherry picking.

"Oh, I suppose I'll let you off, as I found no evidence of you jerking off to these pictures - but WOE BETIDE anyone doing this in the future - for I will KNOW you are being naughty!"

Yep, the law is an ass* :)

*Translated to 'merican as it is obviously a 'merican posting - it should of course, be ARSE. :)

I think you missed the point.

If I were to install a program to spy on a teenager using their webcam -- and take pictures of them in their bedroom (fully clothed or not) then, if found out, I would likely spend at least 5 years married to the guy with the most cigarettes and never get a decent job again.

These people did so and, yet, not only are they not being jailed -- they are still allowed to work with children.

Perhaps you'd like to set up a live webcam in one of your kids' rooms, or your own, to raise more money for the school district?

The title is required, and must contain letters and/or digits.

I think you're missing the point. A criminal suit could have led to sackings and criminal records, costing the school nothing but a recruitment campaign.

I disagree.

Someone needs to lose their job over this.

Spying on underage kids in their bedrooms is something that's Just Not Done. If It were my child in the same situation, then I would not be interested in money. I'd want to make sure that nobody in that school would ever want to fit a webcam on a laptop again, and that the word "webcam", mentioned by newbie teachers in the teacher's lunchroom would result in a sudden hush, and stares.

My dad was once a swimming trainer to kids in the age range of, oh, 12 to 16. He once told me that he would not go into the girls' changing room for any reason, up to and including one of the girls bleeding to death in the shower (which might have been a slight exaggeration, but not much). If you have any kind of authority over other people's children, you simply do not put yourself in a situation where you might have even the slightest chance of seeing them naked.

In this light, having laptops take random snaps when you know full well that they are likely to be in childrens' bedroom is such a monumentally stupid idea that it should have been killed with fire as soon as it was tabled.

Trained teachers should know better.

Anonymous Coward
Big Brother

Ass covering

Actually, here is a much more likely picture of how this decision was taken. The DA spoke with the director of the establishment and they decided it was for the good of the gouv to cover his ass. Don't want a public body to be found to be criminals. It might set a dangerous precedent. Gouv accountable for it's action ... unthinkable.

As a general rule,

I rebuild computers/laptops etc as I get them. Format the bitch and start again from scratch.

I don't trust normal vendors, what makes you thing I'm going to trust the board of education?

the Feds

They still have to worry about the feds .

Unfortunate

In so many cases, the courts are the ones to decide if there is criminal intent, and usually the standard would be whether there was intent to take the images, not intent to make use of them in the specific way the statutes were primarily intended to cover.

It might not be useful to prosecute for reasons of public policy, or because those suspected can be seen not to be menaces to society, but mens rea is not a valid excuse.

Grenade

Proof

Some really are more equal than others.

Thumb Down

Administrator Zero Tolerance

School administrators have a famous Zero-Tolerance policy regarding criminal behavior by school children, even young children who carry a "weapon" like a nail-clipper.

It looks like the administrators get judged by a different Zero.

Unhappy

Unequal justice

My daughter got her pencil confiscated from her by her school bus driver when she was trying to do homework on the bus because "she might hurt someone with it". Later, the boy she was forced to sit next to was threatening to stab her with a nail-clipper, and the bus driver didn't care. Of course, the boys who were threatening her were white and she is black, but that doesn't mean there were any different standards of conduct depending on race...

@Lower Merion Webcam Scandal

>the real issue is that

The real issue is that the parents and kids can't trust the school district anymore.

Kids bring home laptop - you don't allow them to use it, the next 'administrative tool' might be checking your other home computers for illegal files?

School wants to give your daughter german measles vaccinations - do you trust them?

Do you need your kids to check for cameras in the locker room?

Do you need your kids to check for cameras in the locker room?

Unfortunatley the answer is yes ...

There are also stories here of cameras in bathrooms

WTF?

Riiiiiiiight...

At one end of the country, you can't speak in a shopping mall without paperwork saying that you may, while at the other end it's okay to spy on kids, record such images, and generally behave in a disturbingly paedo manner. Icon says it all.

Anonymous Coward
FAIL

Pitifully wailing "I didn't meeeeeean to" is not a defence.

Lack of criminal intent does NOT mean that no offence has been committed.

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