funsec mailing list archives

Re: big brother at school


From: "Tomas L. Byrnes" <tomb () byrneit net>
Date: Fri, 19 Feb 2010 21:23:03 -0800


"
A Pennsylvania school district says it remotely activated webcams 42
times
to find missing student laptops, but never did so to spy on students,
as a
lawsuit claims.

Lower Merion School District spokesman Doug Young says the district
recovered 28 of those laptops over 14 months. The others remain
missing.
The district has about 2,300 student laptops.
...
Young tells The Associated Press that only two technology department
employees were authorized to activate the cameras - and only to locate
missing laptops.
...


[Tomas L. Byrnes] IANAL, but I have had responsibility for government
networks, and the guidance I always had to follow said that any "search"
or "surveillance" by or on behalf of a government agency had to be by a
LEO, and pursuant to a duly issued warrant, or was illegal.

So, if "only two employees' were capable of activating the cams, based
on what I was bound by (admittedly, federal and in the military), they
had better have been sworn officers, and had a warrant, or it's a
violation of the federal wiretap/surveillance statutes.

It would be different if they were a private agency tracking their
private property. Government agencies are subject to a much higher
requirement before starting surveillance, and for custody of any data
gathered thereby.

By my reading, this is a federal criminal case in the making.

Once again, IANAL. These are merely my opinions. I speak only for
myself. Etc. Etc.




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