Comments on: Spying – the new black?

By: Carroll B. Merriman

Carroll B. Merriman — Thu, 19 Apr 2012 20:55:41 +0000

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By: Emmanuel Carabott

Emmanuel Carabott — Wed, 22 Feb 2012 10:58:57 +0000

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By: Abel Boeding

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By: Emmanuel Carabott

Emmanuel Carabott — Mon, 22 Mar 2010 09:34:35 +0000

Hi Tom, As I said I am not a lawyer so I cannot reply with any certainty; however, I do know that there have been cases where employees took action against the company for spying on them through email for example and that is deemed legal because the infrastructure monitored belonged to the company itself.
This could possibly be something similar if the school paid for the Internet connection as well as the laptop.
That being said there is the concept of expectation for privacy, in that one cannot monitor people in an environment were they expect privacy such as restrooms, changing rooms and such locations. Now, if like you say they were advised that they were being monitored that might remove the expectation for privacy possibly?
As I said I am no lawyer but I guess it is possible that if the students were advised they’re being monitored that it could be legally ok! In any case I would say that it’s morally wrong however way you put it. Such a system will do much more harm then good in my opinion.

By: Tom

Tom — Sun, 14 Mar 2010 11:57:54 +0000

Maybe there was a clause in the agreement when the students took ownership of the laptops that stated this surveillance could happen? If they signed such a contract, would this make it legal?

By: Emmanuel Carabott

Emmanuel Carabott — Tue, 02 Mar 2010 15:28:53 +0000

Hi John, I completely agree. Obviously at first glance this is completely out of line and a total invasion of privacy; however, I very much doubt that a school would engage in something like this without seeking out legal counsel. I am sure they have a basis on which to think they cannot be held liable for what they are doing. From my limited law knowledge I suspect there might be a small loophole – what if the hardware is theirs (which is definitely the case), the connection is theirs (I don’t really know about this but I guess it is possible they offered an Internet connection together with the laptop) and they monitor the camera only when it is already active (I think I read something this was the case I believe it was in the Frontline report not sure)? I wonder if that would still breach privacy laws?

Obviously it would still be as wrong as you can get but it might be legal. Possibly analogue to a company monitoring its email. Just my opinion

By: John Mello

John Mello — Mon, 01 Mar 2010 01:50:35 +0000

Emmanuel–according to legal experts quoted by the Philadelphia Inquirer, the use of a computer’s built-in camera to spy on students is indeed illegal.

Widener University law professor Stephen Henderson told the newspaper tha using a laptop camera for home surveillance would violate wiretap laws, even if done to catch a thief.

Lillie Coney, associate director of the Electronic Privacy Information Center, a privacy watchdog group in Washington, said that if the allegations are true, “this is an outrageous invasion of individual privacy.”

And Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, told the Associated Press: “School officials cannot, any more than police, enter into the home either electronically or physically without an invitation or a warrant.”

According to school officials, the monitoring feature is supposed to used when a computer is stolen. That seems like a good idea to me, but obviously this case illustrates how even a good idea can become a bad one in the hands of paranoid administrators.