I See You

I See You

Following up on the previous article, we have another case of the student v. school in a case of the internet stalker and the Fourth Amendment.

In this case, it appears that the school gave laptops to students for work at home.  It then appears that the school would randomly activate the school camera while the student was at home.

In doing so, the school identified some behavior that it found unacceptable in one of its students.  The child was then punished for the behavior.  

The question is, what the heck was the administration thinking when it decided to invade the students home with the camera on the laptop.

I can understand and will concede (for the moment), that the laptop was the property of the school.  And the school simply allowed the student to take the laptop home.  It is possible to assume that the school had the right to monitor what information was being entered into the laptop, what was being downloaded, ect.  Assuming that the student was reasonably aware.

However, there is no reason to believe that the student ever gave the school the right to invade the privacy of his home in this manner.  This is unreasonable, and if this happened in Minnesota, I would be happy to take this case and fight for the student with tooth and nail.

Thank you,
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
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P.S. Have an attorney in your phone? Add us now 612-217-0077 - While we hope you never need us, we're here if you do.

16 comments (Add your own)

1. Nada wrote:
*Shudder* What Age group are we talking about here? not that it would make a difference really ..

Mon, February 22, 2010 @ 2:42 AM

2. Ascheman wrote:
It appears that the laptops were given to 2300 High school students. There are additional news reports and I found the school's website. http://www.lmsd.org/ Here is a excerpt of their statement: "Despite some reports to the contrary, be assured that the security-tracking software has been completely disabled. As I noted yesterday, this feature was limited to taking a still image of the computer user and an image of the desktop in order to help locate the reported missing, lost, or stolen computer (this includes tracking down a loaner computer that, against regulations, might be taken off campus). While we understand the concerns, in every one of the fewer than 50 instances in which the tracking software was used this school year, its sole purpose was to try to track down and locate a student's computer. Before answering additional questions below, it is important to clear up the matter of notice to students and parents of the existence of the security software. While certain rules for laptop use were spelled out - such as prohibitive uses on and off school property - there was no explicit notification that the laptop contained the security software. This notice should have been given and we regret that was not done. " Another good report: http://news.yahoo.com/s/ap/us_laptops_spying_on_students

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