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The plaintiffs allege that "many of the images captured and intercepted may consist of minors and their parents or friends in compromising or embarrassing positions" including "various stages of undress." The lawsuit claims are that the district's use of the webcams violates the Constitution's guarantees of privacy, as well as Pennsylvania common law and the U.S. Civil Rights Act. Robbins claims that he verified through assistant principal Lindy Matsko that the school district was able at any time to remotely activate the webcam in a student's laptop and view and capture whatever image was visible without the knowledge or consent of anyone in its line of sight.<ref name="TELEGRAPH">{{cite news|url=http://www.telegraph.co.uk/news/worldnews/northamerica/usa/7266059/School-spied-on-pupils-at-home-through-webcams.html|title=School 'spied on pupils at home through webcams' |date=18 February 2010|work=[[The Telegraph]]|accessdate=19 February 2010}}</ref> According to [[KYW-TV]], the Philadelphia affiliate of [[CBS News]], Witold Walczak, the legal director for Pennsylvania chapter of the [[American Civil Liberties Union]] (which is not involved in the lawsuit) commented, "This is fodder for [[child porn]]."<ref>[http://cbs3.com/local/Lower.Merion.School.2.1506516.html Official: FBI Probing Pa. School Webcam Spy Case], cbs3.com, February 20, 2010</ref>
The plaintiffs allege that "many of the images captured and intercepted may consist of minors and their parents or friends in compromising or embarrassing positions" including "various stages of undress." The lawsuit claims are that the district's use of the webcams violates the Constitution's guarantees of privacy, as well as Pennsylvania common law and the U.S. Civil Rights Act. Robbins claims that he verified through assistant principal Lindy Matsko that the school district was able at any time to remotely activate the webcam in a student's laptop and view and capture whatever image was visible without the knowledge or consent of anyone in its line of sight.<ref name="TELEGRAPH">{{cite news|url=http://www.telegraph.co.uk/news/worldnews/northamerica/usa/7266059/School-spied-on-pupils-at-home-through-webcams.html|title=School 'spied on pupils at home through webcams' |date=18 February 2010|work=[[The Telegraph]]|accessdate=19 February 2010}}</ref> According to [[KYW-TV]], the Philadelphia affiliate of [[CBS News]], Witold Walczak, the legal director for Pennsylvania chapter of the [[American Civil Liberties Union]] (which is not involved in the lawsuit) commented, "This is fodder for [[child porn]]."<ref>[http://cbs3.com/local/Lower.Merion.School.2.1506516.html Official: FBI Probing Pa. School Webcam Spy Case], cbs3.com, February 20, 2010</ref>


The school district issued the laptops to approximately 1,800 high school students.<ref name="USATODAY"/> Two members of the student council of the school had twice confronted the principal more than a year prior to the suit, concerned "that the school could covertly photograph students using the laptop's cameras," but the school issued no response.<ref name="PhilInq">{{cite news|url=http://www.philly.com/inquirer/front_page/20100222_Laptop_camera_snapped_away_in_one_classroom.html|title=School Laptop camera snapped away in one classroom|date=22 February 2010|work=[[The Philadelphia Inquirer]]|accessdate=22 February 2010}}</ref>
The school district issued the laptops to approximately 1,800 high school students.<ref name="USATODAY"/> Two members of the student council of the school had twice confronted the principal more than a year prior to the suit, concerned "that the school could covertly photograph students using the laptop's cameras." Students were particulary bothered by the web-cam's flickering green activation light, which several students reported would periodically turn on when the camera wasn't in use. School officials denied that it was anything but a technical glitch, and offered to have the laptops looked at if students were concerned. They school made no mention of the computer's remote activation features.<ref name="PhilInq">{{cite news|url=http://www.philly.com/inquirer/front_page/20100222_Laptop_camera_snapped_away_in_one_classroom.html|title=School Laptop camera snapped away in one classroom|date=22 February 2010|work=[[The Philadelphia Inquirer]]|accessdate=22 February 2010}}</ref>


On February 18, 2010, the school district posted a reply on their website stating that "The tracking-security feature was limited to taking a still image of the operator and the operator's screen," and that it "has only been used for the limited purpose of locating a lost, stolen or missing laptop."<ref>{{cite web|url=http://www.lmsd.org/sections/news/default.php?m=0&t=today&p=lmsd_anno&id=1137|title=LMSD response to invasion of privacy allegation|date=18 February 2010|accessdate=19 February 2010|work=Lower Merion School District website}}</ref> "[T]his includes tracking down a loaner computer that, against regulations, might be taken off campus."<ref>{{cite web|url= http://www.lmsd.org/sections/laptops/default.php?&id=1143|title=Update from Dr. McGinley regarding high school student laptop security - 2/19/10|date=19 February 2010|accessdate=24 February 2010|work=Lower Merion School District website}}</ref> The complaint does not state whether Robbins' laptop had been reported stolen, and district spokesman Doug Young said the district cannot disclose that fact. He said the district never violated its policy of only using the remote-activation software to find missing laptops. "Infer what you want," Young said.<ref name="FBI">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2010/02/19/AR2010021902004.html|title=Official: FBI probing Pa. school webcam spy case|date=19 February 2010|work=[[The Washington Post]]|accessdate=20 February 2010}}</ref>
On February 18, 2010, the school district posted a reply on their website stating that "The tracking-security feature was limited to taking a still image of the operator and the operator's screen," and that it "has only been used for the limited purpose of locating a lost, stolen or missing laptop."<ref>{{cite web|url=http://www.lmsd.org/sections/news/default.php?m=0&t=today&p=lmsd_anno&id=1137|title=LMSD response to invasion of privacy allegation|date=18 February 2010|accessdate=19 February 2010|work=Lower Merion School District website}}</ref> "[T]his includes tracking down a loaner computer that, against regulations, might be taken off campus."<ref>{{cite web|url= http://www.lmsd.org/sections/laptops/default.php?&id=1143|title=Update from Dr. McGinley regarding high school student laptop security - 2/19/10|date=19 February 2010|accessdate=24 February 2010|work=Lower Merion School District website}}</ref> The complaint does not state whether Robbins' laptop had been reported stolen, and district spokesman Doug Young said the district cannot disclose that fact. He said the district never violated its policy of only using the remote-activation software to find missing laptops. "Infer what you want," Young said.<ref name="FBI">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2010/02/19/AR2010021902004.html|title=Official: FBI probing Pa. school webcam spy case|date=19 February 2010|work=[[The Washington Post]]|accessdate=20 February 2010}}</ref>

Revision as of 21:38, 26 February 2010

Blake J Robbins v Lower Merion School District is a class action suit brought by Blake J. Robbins and other students of Harriton High School[1] in the Lower Merion School District (LMSD), Pennsylvania, United States, for allegedly infringing upon the privacy of the students via remotely activated webcams in school laptops while the laptops were being used at home.[2][3] The case was brought after Robbins was allegedly disciplined at school, with a photograph taken by the webcam used as evidence. The matter has since also begun to be investigated by the FBI, and is being cited as an example of how modern technology impacts personal privacy (whether or not the school itself broke any rules or laws).[4] The school used LANrev's now discontinued Theft Track feature for activating the webcams.[5][6]

Suit

The suit alleges that school-issued laptop computers with built-in webcams were used by school staff to invade the students' privacy, specifically that school staff remotely activated the laptop cameras while the students had the laptops in their homes. The suit alleges that Robbins was disciplined for inappropriate behavior that occurred while he was at home, with a photograph taken by a school-issued laptop webcam cited as evidence.[2] According to the Philadelphia Daily News, "the lawsuit does not specify why the photograph was objectionable."[7]

The plaintiffs allege that "many of the images captured and intercepted may consist of minors and their parents or friends in compromising or embarrassing positions" including "various stages of undress." The lawsuit claims are that the district's use of the webcams violates the Constitution's guarantees of privacy, as well as Pennsylvania common law and the U.S. Civil Rights Act. Robbins claims that he verified through assistant principal Lindy Matsko that the school district was able at any time to remotely activate the webcam in a student's laptop and view and capture whatever image was visible without the knowledge or consent of anyone in its line of sight.[8] According to KYW-TV, the Philadelphia affiliate of CBS News, Witold Walczak, the legal director for Pennsylvania chapter of the American Civil Liberties Union (which is not involved in the lawsuit) commented, "This is fodder for child porn."[9]

The school district issued the laptops to approximately 1,800 high school students.[1] Two members of the student council of the school had twice confronted the principal more than a year prior to the suit, concerned "that the school could covertly photograph students using the laptop's cameras." Students were particulary bothered by the web-cam's flickering green activation light, which several students reported would periodically turn on when the camera wasn't in use. School officials denied that it was anything but a technical glitch, and offered to have the laptops looked at if students were concerned. They school made no mention of the computer's remote activation features.[5]

On February 18, 2010, the school district posted a reply on their website stating that "The tracking-security feature was limited to taking a still image of the operator and the operator's screen," and that it "has only been used for the limited purpose of locating a lost, stolen or missing laptop."[10] "[T]his includes tracking down a loaner computer that, against regulations, might be taken off campus."[11] The complaint does not state whether Robbins' laptop had been reported stolen, and district spokesman Doug Young said the district cannot disclose that fact. He said the district never violated its policy of only using the remote-activation software to find missing laptops. "Infer what you want," Young said.[4]

On February 20, 2010, the plaintiffs' lawyer, Mark S. Haltzman of Lamm Rubenstone LLC, told MSNBC Live that the student had been eating "Mike and Ike" candy in front of the laptop assigned to him, in his own home. The attorney said that the school administrator had accused the student of using illegal drugs, after seeing him eating the candy in a webcam image. The lawyer said that his client's laptop had not been reported stolen or lost. The lawyer raised questions about who is deciding when to activate the webcam, and for what reasons.

At the hearing, Haltzman sought an injunction to prevent the school from re-activating the security feature. The school district avoided an injunction by voluntarily consenting to comply. In addition, the court issued a gag order, preventing the district from discussing the case without first clearing their communications with the plaintiff's attorney.[12][13][14]

In support of the motion for injunction, the Pennsylvania chapter of the American Civil Liberties Union (ACLU) submitted an amicus brief on behalf of the plaintiffs. Citing relevant case law regarding privacy and unconstititional searches, the brief stated: "While the act of placing the camera inside students’ laptops may not implicate the Fourth Amendment, once the camera is used a search has occurred that, absent a warrant or consent, violates the Fourth Amendment" (see United States v. Karo, 1984).[15]

The school district has suggested that Blake was in possession of a loaner laptop, because he had not paid a $55 insurance fee which would have permitted him to use one of the regular computers. In a 2009 letter to parents from Harriton principal Steven R. Kline stated, "no uninsured laptops are permitted off campus," and explained that students who had not paid the insurance fee could use one of the loaners. Asked if Robbins took a loaner computer home without authorization, Young declined to comment.[16] The Philadelphia Inquirer speculated that, if the loaner was considered missing, the circumstances might have prompted the district to activate the Web cam.[17] Haltzman denied that Blake was ever notified that his computer use was a problem, and that Blake had taken a computer home "every single day" for a month.[18]

Responding to criticism that the Robbins family has been involved in several recent lawsuits, possibly stemming from accrued personal debt, Haltzman denied that financial issues or recent legal judgments have any relevance or are a source of motivation. Further, the class-action lawsuit brought by the Robbins argues for class status on the grounds that individual compensation may be small, and therefore multiple parties will need to share in covering the legal fees.[19]

References

  1. ^ a b "School district accused of spying on kids via laptop webcams". USA Today. 18 February 2010. Retrieved 19 February 2010.
  2. ^ a b "School used student laptop webcams to spy on them at school and home". Boing Boing. 17 February 2010. Retrieved 18 February 2010.
  3. ^ "Lawsuit: PA School District Using School-Issued Laptop Webcams to Spy on Students". America's Right website. Retrieved 18 February 2010.
  4. ^ a b "Official: FBI probing Pa. school webcam spy case". The Washington Post. 19 February 2010. Retrieved 20 February 2010.
  5. ^ a b "School Laptop camera snapped away in one classroom". The Philadelphia Inquirer. 22 February 2010. Retrieved 22 February 2010.
  6. ^ http://blogs.techrepublic.com.com/itdojo/?p=1559
  7. ^ "Lower Merion School District sued for cyber spying on students". Philadelphia Daily News. 18 February 2010. Retrieved 19 February 2010.
  8. ^ "School 'spied on pupils at home through webcams'". The Telegraph. 18 February 2010. Retrieved 19 February 2010.
  9. ^ Official: FBI Probing Pa. School Webcam Spy Case, cbs3.com, February 20, 2010
  10. ^ "LMSD response to invasion of privacy allegation". Lower Merion School District website. 18 February 2010. Retrieved 19 February 2010.
  11. ^ "Update from Dr. McGinley regarding high school student laptop security - 2/19/10". Lower Merion School District website. 19 February 2010. Retrieved 24 February 2010.
  12. ^ http://www.philly.com/philly/news/breaking/85011977.html
  13. ^ Lattanzio, Vince (February 20, 2010). "WebcamGate Teen: "I Hope They're Not Watching Me"". WCAV. Retrieved February 20, 2010.
  14. ^ Rivero, Claudia; Ryan, Bruce (February 20, 2010). "WebcamGate Family's Attorney: "Who Has Access"". WCAU. Retrieved February 20, 2010.
  15. ^ http://www.aclupa.org/downloads/Robbinsfinal.pd
  16. ^ http://www.philly.com/inquirer/home_top_stories/20100222_Laptop_camera_snapped_away_in_one_classroom.html
  17. ^ http://www.philly.com/inquirer/world_us/20100225_Laptop_family_is_no_stranger_to_legal_disputes.html
  18. ^ http://www.philly.com/philly/news/breaking/85011977.html
  19. ^ http://www.philly.com/philly/news/nation_world/20100225_Laptop_family_is_no_stranger_to_legal_disputes.html

External links

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