

Official: FBI probing PA school webcam spy case  - jacquesm
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/20/AR2010022000679.html

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pyre
I was pleasantly surprised that the main reason for the FBI investigation
wasn't "oh noes child porn!" It would be really sad if child porn was the only
way to get the authorities to look at misconduct like this.

~~~
ErrantX
The problem with computer misuse laws is that they often come down to proving
intent. That's why you'll see a lot of computer criminals being hauled up for
fraud etc. simply because it is easier to prosecute them for it.

In this case they have a clear intent to spy (especially as it looks like they
have been spying). So it looks like the right laws will get applied.

I think it would be extremely difficult to prosecute them with CP laws anyway.

~~~
Daniel_Newby
Prosecution depends on what pics the staff were emailing around. If forensics
turns up salacious pictures, along with inept cover ups that demonstrate
intent, _then_ the fishing expedition starts. Depending on how out of control
the school was, the Feds could end up with an open-ended fishing expedition
into staff home computers and a warehouse full of evidence.

~~~
hga
As used as a term of art "fishing expedition" just isn't correct usage here.
Those are searches etc. that are based on a pretext and are looking for
anything possible to zap someone.

In this case, we are presuming that a broad based search won't happen unless
and until evidence of real violations are found, upon which the FBI will
naturally want to discover the scope of them.

Even then, to search an individual's home computer without any evidence the
individual was engaged in wrongdoing would _in theory_ not hold up in court.
But the FBI is famously abusive and publicity hungry and "child p0rn is the
root password to the US Constitution".

~~~
Daniel_Newby
I see two likely scenarios:

1\. A prissy, overbearing administrator did this carefully, with due attention
to privacy of records.

2\. Misuse of the webcams was rife and uncontrolled. School staff were
emailing funny webcam captures with no regard for privacy, public opinion, or
self preservation. The investigation will rapidly turn into "copy every hard
drive touched by a staff member". I.e., a fishing expedition.

~~~
hga
No, it's only a fishing expedition if the copying is done on a pretext to find
_something_ , _anything_ to "get" someone with.

If the extreme of #2 occurred, it would only be sane to copy every disk drive
to preserve evidence. Given the real cost of examining disk images (especially
for deleted pictures), I wouldn't be surprised if the searches wouldn't then
be driven real evidence ... although I suppose after capturing metadata it
would be easy to see "who has or had a copy of this picture or video".

But even then, even if abusive in scope, it's not a fishing expedition.

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tedunangst
The article I got didn't say anything about the FBI, only that the school
official was defended by the district. Title: "Pa. school official defended in
webcam spy case"

~~~
hga
Yeah, the AP story has been replaced on more than one site.

Search for

    
    
      MARYCLAIRE DALE FBI probing Pa. school webcam spy case
    

and you'll find a copy of the original one (MARYCLAIRE DALE is the author;
fortunately my outbox has an email I sent to some friends that quoted some of
the article).

Right now this works: <http://www.physorg.com/news185826013.html>

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olegk
I really hope people who approved and actually did this end up in jail. This
is just way too illegal.

