Who would have thought that stolen laptops could cause such uproar? The latest incident of a stolen laptop caused an Ohio teacher quite an embarrassment.
The story
It all started when Clements-Jeffrey, an Ohio substitute teacher, bought a used laptop from one of her students in the year 2008. Apparently, it was a stolen laptop, which Ms Jeffrey had bought from a student for $40. The student wanted to make fast money and had taken this route.
Incidentally, the laptop was property of Ohio’s Clark County School District. The school had a contract with Absolute Software, which installs hidden tracking software known as LoJack on all of its machines to track a thief in case of data theft. This software records all data that the user is accessing. LoJack is a legal security service but in this particular case, the company has violated the Electronic Communications Privacy Act and the Stored Communications Act.
The tracking company had been keeping track of her laptop, which of course is fine, but it crossed the line when it viewed her naked images and captured them. The woman had been sitting naked in front of her laptop and chatting to her school sweet heart. Absolute passed these sexually explicit private images to the police along with the location data.
Ms Clements and her boyfriend, Carlton Smith, who lived in Boston, were shocked beyond doubt and sued Absolute Software for violating their personal rights.
The court ruling
Absolute’s defense – Absolute asked a summary judgment in its favor. According to them, the officer was just doing his job when he captured sexually explicit images of Susan Clements-Jeffrey who was chatting with her boyfriend through a webcam and later passed them to the police in an effort to track the thief of the stolen laptop.
Absolute further added that it was acting on behalf of its customer, the school district, and was covered under “color of law” and “safe harbor” statutes. It appears that the company had an agreement with the school district which reads “the ability to view and recover any files that are present” on the school’s computers.
The judge wrote in his decision “It is something entirely different to violate federal wiretapping laws by intercepting the electronic communications of the person using the stolen laptop.”
According to the Judge Absolute had crossed its limit. There was no need to capture these images at all once it had tracked the IP number of the laptop. The regular procedure is to provide a suspect’s IP address to law enforcement agents, so that they could issue a subpoena to the suspect’s ISP to obtain the user’s name and physical address.
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