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Students Spied On
With School Issued Laptops
Federal lawsuit brought against district for
covertly monitoring students and families in their homes
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A
school district in Philadelphia faces a class action lawsuit
after it allegedly issued laptop computers to 1,800 students
across two high schools and then used concealed cameras within
the machines to spy on students and their parents without their
knowledge or consent.
Lower Merion School District in the suburbs of Philadelphia
faces charges of invasion of privacy, theft of private information,
and unlawful interception for providing computers with webcams
that were remotely and covertly turned on by administrators.
The suit was brought on behalf of all the students and their
parents after it was revealed that the computers had been used
to monitor students both at school and at home.
The case, Blake
J. Robbins v. Lower Merion School District (PDF),
was filed in the United States District Court for the Eastern
District of Pennsylvania on Tuesday, February 16, 2010.
According to the filing, the actions of the school district
were exposed when one of the school’s vice principals
disciplined Mr Robbins’ son for “improper behavior
in his home,” and used a photo taken from the computer
camera as evidence.
"Michael Robbins thereafter verified, through Ms. Matsko,
(an assistant principal) that the school district in fact has
the ability to remotely activate the webcam contained in a student's
personal laptop computer issued by the school district at any
time it chose and to view and capture whatever images were in
front of the webcam, all without the knowledge, permission or
authorization of any persons then and there using the laptop
computer." the complaint states.
"Additionally, by virtue of the fact that the webcam can
be remotely activated at any time by the school district, the
webcam will capture anything happening in the room in which
the laptop computer is located, regardless of whether the student
is sitting at the computer and using it." it continues.
Nowhere in any "written documentation accompanying the
laptop," or in any "documentation appearing on any
Web site or handed out to students or parents concerning the
use of the laptop," was any reference made "to the
fact that the school district has the ability to remotely activate
the embedded webcam at any time the school district wished to
intercept images from that webcam of anyone or anything appearing
in front of the camera," the complaint also states.
The computers were provided via an initiative funded by state
and federal grants to the students at Harriton High School in
Rosemont, PA and Lower Merion High School in Ardmore, PA.
According to comments
by the district's Superintendent, Christopher McGinley,
the initiative "enhances opportunities for ongoing collaboration,
and ensures that all students have 24/7 access to school based
resources and the ability to seamlessly work on projects and
research at school and at home."
What McGinley failed to add was that it also provided the school
with 24/7 access to the students and their families.
The plaintiffs also note in their complaint that "the
laptops at issue were routinely used by students and family
members while at home," and that "many of the images
captured and intercepted may consist of images of minors and
their parents or friends in compromising or embarrassing positions,
including, but not limited to, in various stage of dress or
undress."
The plaintiffs are seeking damages in respect of not only a
violation of the Fourth Amendment of the United States Constitution,
but also a host of other federal and state privacy laws, including
the Electronic Communication Privacy Act, the Computer Fraud
Abuse Act, the Stored Communications Act, the Civil Rights Act,
the Pennsylvania Wiretapping and Electronic Surveillance Act,
and Pennsylvania common law.
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