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The fact that one family thinks they can win the lawsuit indicates that they don't think they gave permission for the level of monitoring they think the school was actually using, but I don't automatically assume their claims match reality. Who knows what was really happening? I don't think issuing computers is common. I think the schools gain being able assume a baseline of technology to then use as support for all classroom assignments. I suspect that there's academic discipline specific software they can use, as well as whatever we'd think of as almost necessary like the basic Microsoft or Open office stuff. It would take the kind of technology that you could use to a new level because you could assume kids could finish stuff at home rather than limiting the work to only what could be completed at home. You could also go to DVD or CD textbooks, internet supplements etc. My guess is that in addition to the districts that are super affluent and just pay it out of local funds (I think that link from the district at the bottom of my previous post gives the cost in this district), there are other districts or individual schools who do a great job pursuing and using various grants. At least a decade ago at one of our local high schools, the students in one of the AP science classes all got laptops as part of a grant. (I think they just used them for the year and returned, rather than being issued for all of high school.) But no matter how they are funded, I bet students are issued laptops in fewer than 10% of high schools nationwide. As far as this particular case, the district claims the software only took still images of the user or the screen in cases when the computer had been reported as lost or stolen (eta: also "missing" what's the difference between a lost computer and a missing computer?) There's no telling what could end up in the background of the still photo of the user, I suppose, but the whole situation is a little less creepy than the random audio and video webcam monitoring most of us were probably assuming based on the lawsuit. (Assuming the district is being truthful, just knowing that the kid would have reported the laptop missing* before the software was engaged reduced the creep-factor massively as far I'm concerned. I don't have that much concern about the privacy of someone who stole the laptop or elects to use someone else's reported as lost .) The district also indicates they have records of the circumstances when the ability was used, and that the claims about the assistant principal, who wouldn't have had access to the software, are incorrect. Certainly, I have a problem with taping or photographing kids and their families without their knowledge, but it will be interesting to see how the suit plays out. *re-reading the district's letter, I'm not sure that the kid would have had to report it. They spell out that they used it in cases when students have loaner computers that they took off campus without permission. |
This particular school has $$ to burn, I'm sure. They probably do it so everything submitted will be uniform or something. Unlike a college, I don't think they can compel students to buy a certain computer.
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I don't think new technology is usually that important for high school education, but if you had everything else going on in terms of content and instruction AND everyone had an awesome functional laptop at home. . . |
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As part of the segment they had a professor of media law on, and he was commenting about how this is a pretty slam-dunk case for the filers. Not only will they likely win their civil suit, but now the FBI is investigating! As a government institution, the school is prohibited from illegal search (and obtaining anything gathered from an illegal search) - they must have a warrant, which would not be granted to a school, anyway. The FBI has apparently obtained images/data/who-knows-what-else from the school and is looking through it for evidence of constitutional rights violations, invasion of privacy (child pornography, peeping Tom-type stuff), etc. violations. If you ask me, my gut suspicion is that this school district just decided that if they were providing laptops to students, they could monitor them at all times to see how they were being used. That included recording usage of the Webcam to make sure the students weren't abusing them. What they didn't think about (DUH!) was that they would catch kids doing things with the Webcams that they have a perfect right to do in their homes without being spied on. Not illegal stuff...just private stuff. I bet they didn't run this specific software and how it was going to be used by the legal team of the district. It is also possible that they have a pervert or two in the IT department who get their kicks watching the recorded vids of students in various states of undress and doing whatever else teenagers do. The reason I doubt the agreement covered the Webcam recording specifically, at least in this detail? I'm assuming the parents in this super wealthy district are educated and don't just unquestionably do whatever the school tells them to do. I went to school in a district like this, and we had a hell of a lot of lawyers, businessmen, etc. as parents who sure didn't just go along for a ride. If there had been anything too hinky in an agreement like this, there's no way they would have signed it - they would have just bought their kid their own computer. This is just a school...and from experience we all know that there are plenty of h.s. teachers and administrators that are bumbling fools. When I do have kids I'll be darned if I just sit down and shut up if my kids' school ever tried to do something illegal or highly inappropriate to them. |
I don't think many parents sit back and take it when schools do bad stuff to their kids, nor should they, but there are a lot of people who don't read the fine print when they sign the paperwork for something that seems beneficial and no cost to them.
I doubt the contract spelled out approval to spy on the kids, but I think it's possible that it granted freedom to monitor use of the computer in a way that the district thought that covered what they were doing, and that, assuming that the district did only what they say they did, I suppose the court will have decide the limits of. Have you seen the photo of the kid in question or seen direct reference to what happened to him with the school, other than his own suit? I've seen comments about candy, but I've also seen comments, maybe on ATL, about the kid having a lot of drug references on his publicly accessible facebook page, including photos that appeared to have been taken with his webcam. I'd be about as baffled about why school personnel would try to act on what they saw on a kid's facebook or even why they'd be looking at it, but I think it's possible, if the comments about his facebook are correct, that a principal could say something to the kid about drug use based on having seen the image elsewhere. I have reservations about whether it's plausible that the school used the software exactly as they claim, but I also have reservations about believing that the kid was disciplined at school because they took a picture of him taking what they thought was a pill at home. It just doesn't make sense no matter how they gained their knowledge. Schools don't typically, in my experience, try to investigate and punish kids for their off campus drug use. It will be really interesting to see what else comes out in the case, assuming that it gets released to the public. It's not that I don't think the district lacks a motive to lie, but I think that the kid's claims are suspect too. ETA: well, I can think of some cases in which schools tried to drug test kids with either blanket testing or random testing, and I've seen consequences in extra-curriculars for arrests or convictions, but the policies were either pretty immediately legally challenged or so ridiculously spelled on in advance to make them hard to compare to this. For all the reasons that you think, Peppy, that the parents wouldn't have signed terms that granted the school too much ability to monitor the kids, I can't see how the district or any of its personnel would think that doing what they are accused of was ever going to fly. If you work in a relatively lawyered up community, you learn to be sensitive to the legal limits of your authority, I think. The behavior they are accused of just seems so legally risky as to defy belief unless maybe they thought they had advanced permission because of the scope of releases to participate or they really did use it in the limited way they claim. But I guess I've been amazed by stupidity before. |
The civil lawsuit filed by the parents of the student involved in this case with the US Eastern District of PA is online now. There seems to be a lot more to it than was originally known, if you can believe the plaintiff's attorney. http://media.philly.com/documents/MotiontoCompel.pdf
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Ewwwww. That Carol Cafiero chick sounds beyond creepy.
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I'm not particularly amazed that school personnel would screw up or abuse power, but it sort of surprises me that you are willing to accept the plaintiffs case as fact. Is it because of your legal experience and how things typically play out? Or more because it goes along with your general view of human nature and how people with unchecked/unmonitored authority are willing to behave? |
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And honestly, there's probably not too much that the average creep couldn't find out by looking at kids' facebook and myspace stuff, if the media is to be believed. Not that it justifies the school looking at the kids, but just that I don't think that creepiness or pedophilia was the driving force between setting the program up, if only because non-creeps signed off on the program and real creeps probably were aware of their more limitless, off-work options for creeping. In hindsight, it would have been a whole lot better to try to go with some kind of GPS tracker on the laptop that couldn't be turned off, if that's what they were trying to do. I don't know why I thought you were a lawyer, but I did. |
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Though I am not a lawyer, I do work in PR and work quite a bit in difficult situations...and I work frequently with lawyers |
This is the latest from the Lower Merion Webcam case. I live kind of close to the area.
Pa. district took 56,000 images on student laptops. http://news.yahoo.com/s/ap/us_laptop...ng_on_students Quote:
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Even when you subtract the 38,000 that came from six stolen computers, it's mindboggling.
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School District Settles WebcamGate
Settlement worth more than $600,000 Lower Merion School District has settled the webcam case that made national headlines after students accused school officials of spying by using the webcam installed on school-issued laptops. Quote:
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