Federal prosecutors are showing uncommon sympathy for some Pennsylvania school officials who spied on students via webcams in their school-owned laptop computers: They've decided not to prosecute.
The reason? "For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent," the U.S. Attorney's office said in a statement. "We have not found evidence that would establish beyond a reasonable doubt that anyone involved had criminal intent."
Let's leave aside the fact that people are charged all the time for criminal offenses despite having no idea they're committing crimes. And since when did ignorance of the law confer immunity?
Let's focus instead on the fundamental creepiness in what happened at the Lower Merion School District in suburban Philadelphia...
UPDATE: Perhaps the odd actions of the judge in Cyprus were just an attempt to avoid a political crisis. The suspect probably would have been part of a spy swap if he had not been released.
ORIGINAL POST:
"Suspects arrested on the island are almost always held in custody for fear they may attempt to flee through the internationally unrecognised Turkish-run enclave of northern Cyprus. Both Turkey and Syria are only short boat rides away."
Russian spy ring suspect jumps bail in Cyprus
The Russian espionage drama intensfied tonight as the alleged paymaster in the "deep cover" spy ring failed to answer bail in Cyprus.
An arrest warrant was issued for Christopher Metsos, the 11th suspected member of the operation, after he failed to report to a police station in Larnaka, the Guardian has learned.
Metsos, 55, was arrested in Cyprus on Tuesday but, to the surprise of Cypriot police, was released on bail. Ten other accused are in custody in the US, after the FBI broke up the alleged ring on Monday.
"An arrest warrant has been issued and if found he will be arrested immediately," an officer at the police station in Larnaka told the Guardian. "He has broken his pledge to be here."
Metsos was first stopped at 9am yesterday at Larnaca airport by officers acting on an Interpol "red notice", moments before he was about to board a plane to Budapest.
Appearing before a district court judge, Metsos was told he could walk free, pending an extradition hearing within 30 days, if he posted €20,000 (£16,000) bail.
Metsos, who is thought to have been travelling on a Canadian passport, is believed to have returned immediately to his hotel in Larnaca, which he had checked out of only hours before. Suspects arrested on the island are almost always held in custody for fear they may attempt to flee through the internationally unrecognised Turkish-run enclave of northern Cyprus. Both Turkey and Syria are only short boat rides away...
"I do trust that the school district knows its bounds." --A Pennsylvania student who apparently hasn't read this blog or the many news articles, blogs and court cases about illegal behavior by the individuals in charge of our schools
Students at Herriton High School in Lower Merion School District near Philadelphia are given Apple MacBook laptops to use both at school and at home. Like all MacBooks, the ones issued to the students have a Webcam. And, in addition to the students' ability to use the Webcam to take pictures or video, the school district can also use it to take photographs of whomever is using the computer.
In a civil complaint (PDF) filed in federal court, a student at the school, Blake Robbins, said he received a notice from an assistant principal informing him that "the school district was of the belief that minor plaintiff was engaged in improper behavior in his home, and cited as evidence a photograph from the Webcam."
The district said in a statement that the "security feature was installed to help locate a laptop in the event it was reported lost, missing or stolen so that the laptop could be returned to the student." The district further explained that "upon a report of a suspected lost, stolen or missing laptop, the feature was activated by the district's security and technology departments. The tracking-security feature was limited to taking a still image of the operator and the operator's screen." The district claims it has "not used the tracking feature or Webcam for any other purpose or in any other manner whatsoever."...
In the mean time, the Associated Press is reporting that the FBI is investigating the district and "will explore whether Lower Merion School District officials broke any federal wiretap or computer-intrusion laws," according to an unnamed official who spoke to the AP.
In an interview with CBS Evening News, plaintiff Blake Robbins said he was unaware that the camera could be activated at his house. "I thought that there was no way that they could do that at my home," Robbins said, adding that the assistant principal "thought I was selling drugs, which is completely false." ...
Web cams in laptops provided a school district with compromising photos of minors in their homes, a lawsuit claims.
By Thomas Claburn InformationWeek February 18, 2010 03:35 PM
A Pennsylvania family last week filed a lawsuit against the Lower Merion School District for spying on their child at home using a Web cam in a school-issued laptop.
The lawsuit, brought by Michael E. Robbins and Holly S. Robbins on behalf of their minor son Blake Robbins, alleges that the school district invaded their privacy and stolen private information in violation of various computer fraud and privacy laws.
The complaint claims that Lindy Matsko, assistant principal of Harriton High School, informed the Robbins' son that the School District believed he "was engaged in improper behavior in his home, and cited as evidence a photograph from the Web cam embedded in [his] personal laptop issued by the School District."
The complaint further states that Michael Robbins subsequently verified that the School District had the ability to remotely capture images using the Web cam at any time, without the knowledge or consent of the user.
"As the laptops at issue were routinely used by students and family members while at home, it is believed and therefore averred that many of the images captured and intercepted may consist of images of minors and their parents or friends in compromising or embarrassing positions, including, but not limited to, various stages or dress or undress," the complaint says...
