No criminal charges for school that spied on kids through laptops

By Daniel Tencer
Wednesday, August 18, 2010 20:41 EST
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The federal prosecutor investigating the case of a Pennsylvania school district that spied on its students via remote-controlled laptop cameras says the school district won’t face criminal charges in the case.

US Attorney Zane David Memenger said in a statement that there is no evidence the Lower Merion School District, in suburban Philadelphia, had any criminal intent when it remotely activated cameras on laptops issued to students.

“For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent,” Memeger said, as quoted at Information Week. “We have not found evidence that would establish beyond a reasonable doubt that anyone involved had criminal intent.”

The issue came to light in February, when the parents of Harriton High School student Blake Robbins filed a class-action lawsuit alleging the school district invaded Robbins’ privacy by filming him in his home through his school-issued laptop. It emerged later that the school district photographed Robbins 400 times in a two-week period, in various states of undress and even during his sleep.

Investigators found that the remote-controlled cameras took some 56,000 pictures of Lower Merion School District students over a two-year period, with the cameras sometimes left on for weeks at a time.

The school district claimed initially it used the remote-operated cameras to locate lost or stolen laptops. But the Robbins lawsuit alleges that the school district used the cameras for other purposes. In Robbins’ case, the 15-year-old student was confronted by a vice principal over what the school official thought was drug use. The vice principal saw a pill in Robbins’ bedroom, which the plaintiffs say was simply candy.

The FBI launched an investigation of the school district in February, but the US Attorney’s findings have effectively put an end to any criminal law issue in the matter.

The prosecutor’s conclusion “supports the findings of our internal investigation and follows … approval of new laptop policies by the school board,” Lower Merion School District Superintendent Christopher W. McGinley said, as quoted at PCMag. “This is all good news for the students and staff of Lower Merion School District as we prepare for the start of a new school year.”

The school district has adopted a new policy that sets guidelines for when the laptop cameras can be used by school officials, and requires parents to sign off on use of the cameras, or decline participating in the school’s program to issue laptops to students, the Philadelphia Inquirer reports.

The lack of criminal charges doesn’t mean the school district is off the hook. The Robbins’ civil lawsuit is still before the courts, as is another lawsuit, this one launched last month by student Jilal Hasan.

The Philadelphia Inquirer reports that the school district has already spent $1 million defending itself against the lawsuits.

Daniel Tencer
Daniel Tencer
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  • http://twitter.com/Bugman121 Bugman

    “For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent,”

    huh. yeah, and there wasn’t ‘intent’ when BP dumped oil and dispersant all over the gulf. what the hell is wrong here? they actively SPIED on someone in the privacy of their home! violation of privacy is no longer criminal? SPYING on children in their bedroom is not criminal? simply by activating the camera i’d say there is intent. good lord, if it’s okay for the government to spy on people in the privacy of their own homes, what can’t they do?

  • Anonymous

    This is the Obama Justice Department we’re talking about here. They illegally spy on Americans all the time. We’re not going to have our laws enforced until Eric Holder and Barack Obama are safely behind bars, serving time for the crimes they’ve committed against Americans.

  • Anonymous

    This is the Obama Justice Department we’re talking about here. They illegally spy on Americans all the time. We’re not going to have our laws enforced until Eric Holder and Barack Obama are safely behind bars, serving time for the crimes they’ve committed against Americans.

  • http://twitter.com/conXt conXt

    Wrong. They did not “spy” . Do your homework raw story and quit the sensationalist bullshit. I’m from this school district and this article does not even remotely tell the whole story.

    I know RS has had a problem with sensational headlines for years, now. I hope you get your shit together because other than crap like this it’s a good service.

  • Anonymous

    What do you call it when you activate a computer in a child’s bedroom without notifying anyone and view photos and video of children alone in their bedroom?

    Saying they were looking for a stolen laptop or were worried about a student overdosing on jelly beans is a bunch of shit!

  • Anonymous

    FUCK OFF ASSHOLE! THis happened under bush!

  • http://twitter.com/shivabeach Shiva

    had no criminal intent? what the heck was the purpose of spying on them? This is BS

  • Anonymous

    Kinda strange how criminal intent works…if the stated purpose or intent was simply securing the device when compromised. Then it would be quite simple for the school district to prove that was it’s ‘intention’.
    But given their actions and the overwhelming amount of data ‘saved’, the school district really can’t link to the original intent…one would have thought that the burden of proof would have then rested with the school district to explain, it’s intent, in light of the date it did collect?

    Nude pictures of underage children are nude picture of underage children…why would the intent be any different if one of the staff was a hacker that simply USED remote access to get nudie pictures or administrators that simply used remote access to collect nudie pictures under the guise of security…or the guise of preventing shoplifting…or the guise of drug use in club toilets…etc etc? The ‘intent’, criminal or not, is really not the problem…it’s possession of such material that should have got the convictions.
    Once established that the data was ‘accessed’ by the ‘collector’, then the collector KNOWS what he or she is looking at…ergo…if you don’t erase immediately…then you have ‘private data’ and therefore you should be prosecutable under Sarbannes-Oxley Act as a minimum, esp. if your a school district, not securing that kind of data?

    The fact the ‘data/pix’ was transferred, reproduced and moved between media storage without safe guards, should have been more than enough for one set of prosecutions under data laws. The fact that it was underage children NUDE should have brought down way more heat than a dismissal on criminal intent?
    Hell we are talking about a set of laws that people have spent millions more defending against simply because a clerk at a photo shop or computer repair shop SAW nude pictures of someone’s grandchild running around a sprinkler.
    Even worst, there is a story linked here about sending folks away for 35 years for doing little more than encouraging people to send them nude pictures…apparently using the term ‘extortion’ somehow makes that MORE frightening than what this school district is defending as a common everyday occurrence, without even ‘asking’, and therefore NEVER create the context for extortion?
    Crazy system….my two cents.

  • Anonymous

    Do you honestly believed all that stopped when Bush left?

  • Anonymous

    Love how you all find religion when we have a black president all of a sudden!

  • http://profiles.yahoo.com/u/GCPX7DXZGK2H2CPNYRR5IS5A64 Turnip Mcgee

    “For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent,”

    –So, the standard has changed, and you cannot have a crime without criminal intent. . . . when did that happen?!?!

    MUNISPEAK TRANSLATION:

    Surveillance indoctrination is for the good of all, and no act for the good of all can be committed with criminal intent.

  • Anonymous

    Great, nice to know the pedos from Marion School District are readers of Rawstory too. Just know this – you’re going to get caught eventually.

  • Anonymous

    This happened, like, yesterday or today. Why do people like you have to lie so much? Don’t you know that intelligent people can see right through you?

  • http://profiles.yahoo.com/u/GCPX7DXZGK2H2CPNYRR5IS5A64 Turnip Mcgee

    No, for those still in denial, it took a full swing of the pendulum. . .to the supposed opposite side of the scale, with NO change whatsoever in authoritarian policy, for them to wake up to the fact that ALL of them are shit. Black, white, R, D, ALL of them are shit. When we sneak in a person of the people, you will be reading his epitaph in short order. A vote for either ‘Party’ is assuredly a wasted vote.

  • Anonymous

    This is beyond outrageous and as someone else pointed out this is the behavior that we expect to see from a totalitarian 1984 type of government. Expect this to be the norm of the future. Have any of you thought about who may be spying on YOU through your webcam? It’s more than easy for any law enforcement agency (FBI, CIA, NSA, DHS, etc) to use this on ANYONE who they wish. What’s worse is that the fucking Patriot Act(s) have made this crap legal. Fox watching the henhouse much?

  • Anonymous

    If they don’t have anything to hide what’s the big deal? Jesus. Next they’ll be civil suits about naked body scanning little girls at the airport. What kind of world do we live in where honest, hard working people that extort our income to pay their salaries can’t look at our children whenever and wherever they want. For Shame

  • Anonymous

    oh crap drgergrtdef! Did you realize you’re a racist? Man I’m glad indi_progressive pointed that out. Least now you know. Also… Well said AtlanticCapers.

  • Anonymous

    Greetings,

    Did I just hit my head and wake up in Bizarro World? See, where I come from if someone was caught with just one photo of a nude child that someone would quickly find himself in jail being gang raped and his life ruined. Furthermore, his moment of fame would hit him and his family like a tsunami as the media circus descended like a swarm of locusts.

    56,000 images!! Cameras left on for weeks at a time!!

    I want everyone to think back to when they were teenagers and I want you to imagine that school administrators were watching EVERYTHING YOU DID IN YOUR ROOM WHEN YOU THOUGHT YOU WERE ALONG. Go ahead, Imagine that.

    There must have been THOUSANDS of nude photos. This is like the John Wayne Gacy of child pornography. This is big time. John Wayne Gacy aka The Killer Clown raped and murdered young children and then buried them in the crawl space of his house. There was never any doubt about his future once he was caught.

    Ladies and Gentlemen. . .John Wayne Gacy has just been set free and you saw it here first.

  • http://www.facebook.com/deactivate.privacy.settings Tim Webster

    If you haven’t done anything wrong, what do you have to worry about? THAT’S RIGHT NOTHING, BUT HMMMMMMMMMMM I THINK SOME PEOPLE ARE WORRIED THEY WILL BE “FOUND OUT” HMMMMM.

  • unclemike

    They turned on a camera in a private residence and took pictures of the occupants without the occupants’ permission.

    Please enlighten us as to why that can’t be called “spying.”

  • Anonymous

    STFU Mr McGinley!! You goddamn pervert. It sounds like you must have kept a lot of the photos for yourself, eh??

  • Anonymous

    Must be a town run exclusively by Republicans-NO?

  • Anonymous

    Troll alert

  • Anonymous

    Get your facts strait Dickwad Then GFYS

  • Anonymous

    teaching kids early that spying by big bro is justifiable.

  • Anonymous

    So if the school officials did not intend to view some teenage nooki but did and possibly kept viewing that’s cool? I understand the concept of ‘mensrea’ (guilty mind or criminal intent) but the school showed wanton disregard for the privacy of the students when they recorded them @ in the privacy of their homes and even bedrooms. They must have known they would have a pretty good chance of viewing some of them in various stages of undress and in intimate situations. Wow the FBI can spend its time tracking down evil P2P users but turn to chicken excrement here.

  • Anonymous

    So what needs to happen with the NSA illegal wiretapping program started under Bush? The lies that lead up to thousands of Americans and many more Iraqis dying in Iraq, the partisan attack on the NAACP under Bush? Talk about hyperbole. You can’t imprison the President and Attorney General because you disagree with them. Put you head between your knees and breath deeply.

  • Anonymous

    Sue the bastards of all thier money.

    F’ing Pedophiles.

  • Anonymous

    You are defending Pedophiles – your a disgusting individual.

  • Anonymous

    This was started in the Bush administration.

    Patriot act
    Torture
    illegal spying
    Wars based on a 911 False flag incident

    Obama is accessory to this crime -no doubt but it was Bush who went down this fascist road.

  • http://pulse.yahoo.com/_EZ4DLB4IDRB4HGBWWFIAUAESVU BlaineF

    Why do people assume that gang rape in prison is acceptable? Regardless of the crime, rape is not an acceptable punishment. If you think a crime deserves the death penalty then go for that but don’t lower the morals of society by sanctioning rape in any form.

  • http://pulse.yahoo.com/_EZ4DLB4IDRB4HGBWWFIAUAESVU BlaineF

    Pedophile is a leap.

  • http://pulse.yahoo.com/_EZ4DLB4IDRB4HGBWWFIAUAESVU BlaineF

    WOW! Can we blow this out of proportion a bit more? Now it was Obama that did it?

  • Anonymous

    Is this the “Change” we elected? Same shit, different day? I think it’s about time to give Holder his walking papers… he’s worse than Mukasey!

  • http://www.rawstory.com RawStory

    In an effort to serve the online community best, please verify your Disqus account so that your comments will appear as soon as they are posted. Thanks.

  • Anonymous

    Just doing it is a fncking criminal offense! Who the fnck do you think you are u fncking moron!?

    I’m gonna use that same defense next time I don’t hit my brakes in time to stop me from going through a red light.

  • Anonymous

    Strange. I read nickelthrowers post twice now and I dont see anything in there that says gang rape in prison is acceptable.

  • Anonymous

    Strange. I read nickelthrowers post twice now and I dont see anything in there that says gang rape in prison is acceptable.

  • Anonymous

    The non-prosecution and the case filing and when they found out there was spying on students and some of the actually spying was ALL during the Obama administration. Even Memeger was appointed under the Obama administration I think.

  • Anonymous

    The non-prosecution and the case filing and when they found out there was spying on students and some of the actually spying was ALL during the Obama administration. Even Memeger was appointed under the Obama administration I think.

  • Anonymous

    No one but a complete idiot would believe the story that the cameras were used so to find missing or stolen lap tops. Especially when we consider that the case in question did not involve a lap top that was reported stolen or missing. You’re a troll, plain and simple, making excuses for bad behavior. But that’s what we have come to expect from a community that votes solidly Republican, those kinds of people never take responsibility for their actions. Instead they play the victim.

  • Anonymous

    Do you have a better word for people that secretly watch and take pictures of children in their bedrooms?

    Speaking of leaps, you’re the same person that feels simply acknowledging prison gang rape happens is the same as saying it’s acceptable. Talk about irony.

  • Anonymous

    This is complete utter bullshit. How the hell can the school get away with this. There are too many crimes here to count and no charges???
    This kids and families must be traumatized

  • Anonymous

    It looks as though this court was using braille for this case instead of looking at the pictures.
    Why not put a camera in the judge’s bedroom so we can verity that he is “sleeping.”

  • Anonymous

    The reason you think Barack Obama is above the law is because you’re an authoritarian, a fascist.

    I thought you’d like to know.

  • Anonymous

    I know. I’m a commie, a secret Muslim my dad sold mustache wax to Hitler and my mom was Pol Pot’s spiritual adviser. You’ve found me and Obama out – sniff, sniff.

  • Anonymous

    It’s not a joke. You are literally a fascist. That’s why you defend Obama’s crimes. Think about it.

  • Anonymous

    I’m not joking either. Hitler is was a full 2 1/2 inches taller because of platform shoes Obama’s grandpa sold to him.

  • Anonymous

    Hmmmm. It must be OK in Pennsylvania to record/film another person without their knowledge or consent.

    Whatever happend to ignorance of the law is no defense.

  • Anonymous

    Greetings,

    Rape in prison is never acceptable but is allowed to happen and is used to terrorize the population both inside and out.

  • Anonymous

    Troll Alert

  • http://whatsit2you.blogspot.com CharliePATpk

    Does anyone REALLY believe the photo included in this story is one that was taken by the laptop? Let me guess.. .the boy placed the OPEN and POWERED ON laptop on his nightstand, and had no trouble drifting off with the back-light conveniently illuminating his face. This is crap. Where is the evidence of these alleged hundred of photos? Show me one of a kid – with face blurred out – in any state of dress. Of all these supposed indecent photos, not ONE innocent shot was leaked to the media? I have two kids in a cyber charter school (in Pennsylvania, but nowhere near this school district), and their laptops have webcams, too, so I know what I am talking about. My 7 year old knows when the LED is lit, the camera is live. Are you telling me these teens didn’t ever wonder why theirs was lit? I say the original charge should have never passed the smell test.

  • panamarick

    “For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent,”

    Gee…I thought that was for a “jury” to decide.

    So the answer is child porn is okay as long as the government and or it’s agencies are viewing it. WTF?

  • Anonymous

    Wow, thats your best answer? I’m a racist? Pathetic.

  • http://www.facebook.com/deactivate.privacy.settings Tim Webster

    I AIN’T KEEP NONE OF THE PICS LAPTOP TOOK THEM BECAUSE *SOFTWARE*!!! OK?? YOU CAN TALK TO THE SUPERINTENDENT HE WILL BACK ME UP, YOU STUPID IDIOT.

  • http://whatsit2you.blogspot.com CharliePATpk

    That’s right: blame the ‘man’, blame the ‘system’… blame everyone.

    Maybe the case was dropped because there was no ‘there’ there.