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<title>Techdirt. Stories filed under &quot;webcam&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;webcam&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 5 May 2011 11:11:00 PDT</pubDate>
<title>Laptop Rental Provider Sued For Spying On Renters Via Surreptitious Webcam Software</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110505/00424214164/laptop-rental-provider-sued-spying-renters-via-surreptitious-webcam-software.shtml</link>
<guid>http://www.techdirt.com/articles/20110505/00424214164/laptop-rental-provider-sued-spying-renters-via-surreptitious-webcam-software.shtml</guid>
<description><![CDATA[ You would think after last year's attention-grabbing lawsuit about the Lower Merion School district using some surreptitious monitoring software to activate webcams and <a href="http://www.techdirt.com/articles/20100218/1056378228.shtml">snap photos</a> of kids at home that others would be a lot more careful about their use of such software.  After all, the school district ended up having to <a href="http://www.techdirt.com/articles/20101012/10365311390/spying-school-district-pays-out-610-000-to-settle-lawsuit-mostly-to-the-lawyers.shtml">pay out $610,000</a> to settle the lawsuit filed against it.
<br /><br />
However, in a similar story, a Wisconsin couple has apparently <a href="http://www.pcworld.com/article/227031/renttoown_pcs_watch_their_users_via_webcam.html" target="_blank">sued Aaron's Inc. for spying on them</a>.  Aaron's is a giant "rent-to-own" retailer, offering furniture, electronics and computers on a rent-to-own basis.  In this case, the couple had rented a Dell laptop from the company, and later discovered that it had sneaky monitoring software on it which they were unaware of... but which was used to turn on the laptop's webcam and take pictures of the family without them knowing about it.
<br /><br />
The only way they found out was that a store manager came to take back the computer, incorrectly believing the couple had not paid their bill (they had).  When he showed up, he showed them a photo he had, which was taken from the webcam, which (understandably) freaked out the couple.  They asked him how he got the photo, and his response was that he <i>wasn't supposed to show them the photo</i>.  Well, that's comforting.  Apparently, the product that was used to do this monitoring was <a href="http://news.yahoo.com/s/ap/20110503/ap_on_hi_te/us_rental_computer_spyware" target="_blank"><i>hardware based</i></a> as well, meaning that it couldn't be detected or turned off via software.
<br /><br />
The couple and their lawyers are seeking to turn this into a class action for all renters of computers from Aaron's that have this tracking technology.  Also, the couple contacted the police, who apparently still have the computer, so I guess there's at least some review of whether or not this is a criminal matter.  The AP article (linked in the paragraph above) has a short discussion on whether or not this effort violated either ECPA or the CFAA:
<blockquote><i>
Two attorneys who are experts on the relevant computer privacy laws, the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act, said it's difficult to tell if either was broken, though both agree the company went too far.
<br /><br />
Peter Swire, an Ohio State professor, said using a software "kill switch" is legal because companies can protect themselves from fraud and other crimes.
<br /><br />
"But this action sounds like it's stretching the self-defense exception pretty far," Swire said, because the software "was gathering lots of data that isn't needed for self-protection."
<br /><br />
Further, Swire said the Computer Fraud and Abuse Act "prohibits unauthorized access to my computer over the Internet. The renter here didn't authorize this kind of access."
<br /><br />
Fred Cate, an information law professor at Indiana University agrees that consent is required but said the real question might be: "Whose consent?"
</i></blockquote>
It's no secret that both ECPA and CFAA have their problems, but it seems like this might be the type of case that those laws were more designed to cover -- though, that definitely depends on some of the details which haven't come out yet.<br /><br /><a href="http://www.techdirt.com/articles/20110505/00424214164/laptop-rental-provider-sued-spying-renters-via-surreptitious-webcam-software.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110505/00424214164/laptop-rental-provider-sued-spying-renters-via-surreptitious-webcam-software.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110505/00424214164/laptop-rental-provider-sued-spying-renters-via-surreptitious-webcam-software.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-again?</slash:department>
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<pubDate>Wed, 18 Aug 2010 03:33:16 PDT</pubDate>
<title>Feds Won't Bring Charges Against School District Officials In Webcam Spying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100817/17500610660.shtml</link>
<guid>http://www.techdirt.com/articles/20100817/17500610660.shtml</guid>
<description><![CDATA[ There have been a couple of new developments in the saga of the suburban Philadelphia school district, the Lower Merion School District, that was <a href="http://www.techdirt.com/articles/20100218/1056378228.shtml">sued by a student</a>, after that student was disciplined (supposedly for <a href="http://www.techdirt.com/articles/20100221/2118128243.shtml">eating candy</a>) using photos taken by secretly installed and used webcam spying software.  The school initially claimed that it only used the software 42 times, but an investigation <a href="http://www.techdirt.com/articles/20100504/1656459301.shtml">founded 58,000 photos were taken</a> -- including hundreds of another student, who has now <a href="http://www.techdirt.com/articles/20100729/03442110409.shtml">also sued</a>.
<br /><br />
As stories came out about administrators <a href="http://www.techdirt.com/articles/20100416/1123249038.shtml">enjoying</a> spying on students -- referring to it as a window into their own "little... soap opera," the <a href="http://www.techdirt.com/articles/20100219/1418438242.shtml">FBI got involved</a>.  However, the prosecutors are now saying that <a href="http://www.wired.com/threatlevel/2010/08/webcamscandal/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">they won't bring charges, because there is no evidence of criminal intent</a>.  That shouldn't impact the various civil lawsuits, of course.
<br /><br />
At the same time, <a href="http://twitter.com/normative/status/21420556982" target="_blank">Julian Sanchez</a> points us to the news that after all of this, the school district has <a href="http://www.privacylives.com/latest-update-on-pennsylvania-school-webcam-surveillance-case/2010/08/17/" target="_blank">finally put in place new policies</a> designed "to govern the use and tracking of student laptops and other technology."  Seems like, perhaps, that should have been in place a wee bit earlier.<br /><br /><a href="http://www.techdirt.com/articles/20100817/17500610660.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100817/17500610660.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100817/17500610660.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>criminal-intent</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100817/17500610660</wfw:commentRss>
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<pubDate>Tue, 18 May 2010 07:44:57 PDT</pubDate>
<title>Judge Orders School To Alert Students, Parents To Webcam Photos Taken</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100517/1636129450.shtml</link>
<guid>http://www.techdirt.com/articles/20100517/1636129450.shtml</guid>
<description><![CDATA[ As the details of more extensive webcam spying by the Lower Merion school district has broken it became clear how much the district tried to hide its activities.  Originally, the school suggested it had only taken webcam images 42 times, but the details noted <a href="http://www.techdirt.com/articles/20100504/1656459301.shtml">58,000 photos were taken</a> -- a bit of a difference.  Now a magistrate judge has ordered the school district to <a href="http://www.wired.com/threatlevel/2010/05/webcamscandal-parents/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">alert students and parents who were in those photos of their existence</a>, and allow the students to see the images -- though not to get copies of them.  The students will actually have the right to view the images without their parents and to exclude "sensitive" photos from being seen by their parents. 
<br><br>
Of course, one thing that hasn't been answered yet is how widely this sort of software is used in other schools.  When the Lower Merion story broke, we pointed to a PBS Fronline episode where an IT guy <a href="http://www.techdirt.com/articles/20100218/1056378228.shtml">proudly showed off</a> similar technology, joking about his ability to secretly spy on kids.  This clearly isn't something that was just used in a single school.  You have to wonder if other schools are deleting evidence now... or realizing they should be telling their students about what kind of photos they've been storing of students.<br /><br /><a href="http://www.techdirt.com/articles/20100517/1636129450.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100517/1636129450.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100517/1636129450.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>58,000-photos</slash:department>
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</item>
<item>
<pubDate>Mon, 3 May 2010 06:17:54 PDT</pubDate>
<title>Feds Say Judge Blocking Investigation Access To Laptop Spy Scandal Photos</title>
<dc:creator>Karl Bode</dc:creator>
<link>http://www.techdirt.com/articles/20100428/0543219213.shtml</link>
<guid>http://www.techdirt.com/articles/20100428/0543219213.shtml</guid>
<description><![CDATA[ <p>Things aren't looking too hot for the Pennsylvania school district that <a href="http://www.techdirt.com/articles/20100218/1056378228.shtml">thought it would be a good idea</a> to use student laptop webcams to spy on students at home. E-mails acquired by the lawyer heading up a civil suit against the administrator and the school district seem to highlight how the administrator <a href="http://www.techdirt.com/articles/20100416/1123249038.shtml">had a wonderful time</a> spying on students, while also indicating that tens of thousands of photos were taken (contrary to district claims that barely any photos were taken). As many of our commenters had wondered, it appears the lawyer may be trying to bolster his case by potentially bringing the administrator up on child porn charges -- assuming the photos involved nudity and were offloaded to her home PC. The administrator behind the plan denies those charges, and only just last weekend decided to stop pleading the Fifth and <a href="http://www.philly.com/inquirer/local/pa/20100424_L__Merion_school_official_to_turn_over_computer.html">hand over the PC in question to a computer forensics expert</a> hired by the district.</p><p>While the legality of spying on students with webcams remains in <a href="http://www.eff.org/deeplinks/2010/04/senators-introduce-bill-response-effs-call-new">dispute</a>, the potential child porn angle of the case has caught the eye of a federal grand jury and the FBI, who are investigating the district. But, in an added wrinkle, federal prosecutors are now claiming that a U.S. District Judge is <a href="http://www.wired.com/threatlevel/2010/04/spycamprobe-judge/">hampering their investigation into the case</a>. The Feds are complaining about a recent Judge order banning anyone from disseminating evidence involving the case to anyone not directly involved in the lawsuit. Prosecutors, of course, want to get their hands on the photographs taken by the webcams (which are now estimated to total 56,000 -- with only one made public), and are asking the Judge to modify his order (which was <a href="http://www.philly.com/inquirer/local/pa/20100415_Judge_restricts_access_to_L__Merion_laptop_photos.html">asked for by the plaintiffs</a>) accordingly. </p> <p>Interestingly, in an effort to try and control media coverage of the case, a group of area parents are asking the same U.S. District Judge to issue an order banning anyone involved in the case from giving interviews &quot;<a href="http://www.philly.com/inquirer/local/pa/20100424_L__Merion_school_official_to_turn_over_computer.html">near district schools or students' homes</a>&quot;:</p><blockquote><em>&quot;...wearied by the international attention caused by the suit,  a group of Lower Merion parents asked the judge Friday to ban lawyers  and other parties in the case from giving interviews near district  schools or students' homes. &quot;We and many other parents of Lower Merion School District are outraged by the substantial distraction that the recent media frenzy has visited upon our district and our community,&quot; the parents wrote to U.S.  District Judge Jan E. DuBois. &quot;The incessant news cycles about this litigation are plainly taking  their toll on the education of our children,&quot; the parents' letter said.  &quot;It has become a harmful distraction to the very persons that plaintiffs and their counsel seek to represent.&quot;</em> <br /></blockquote>  Trying to lock down media coverage and evidence doesn't appear to be helping. Meanwhile, the school district is lucky to be wealthy enough to not only give a significant chunk of their 6,000+ students Apple laptops, but also to be able to afford their legal bill -- which is estimated as <a href="http://www.philly.com/philly/business/technology/20100428_District_s_Web-cam_legal_bill_tops__550_000_so_far.html">having already broken the half a million dollar mark</a>. That's barely half of 1 percent of the current $193 million budget of the Lower Merion School District. So, the scandal has resulted not only in a lawsuit and a huge (and growing) legal bill, but also in a national firestorm. It has given several politicians a re-election platform, prompted the creation of potential new national privacy legislation, and resulted in an FBI investigation. How's that stolen laptop and surveillance project working out again?<br /><br /><a href="http://www.techdirt.com/articles/20100428/0543219213.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100428/0543219213.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100428/0543219213.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>maybe-you-should-have-thought-things-through</slash:department>
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