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  • #61
    Re: Schools Spy on Students

    http://www.philly.com/philly/news/br...o_charges.html

    "For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent," U.S. Attorney Zane Memeger said in a statement released by his office. "We have not found evidence that would establish beyond a reasonable doubt that anyone involved had criminal intent."
    Hopefully one of the Lawyers that frequent this forum can chime in here, because this really confuses me. I'd be willing to bet there are thousands of people in jail that did not intend to act in a criminal manner but did so either in ignorance of the law or a misunderstanding of the law. But in this case the administrators are getting a pass because they didn't intend to behave like criminals?
    A third party security audit is the IT equivalent of a colonoscopy. It's long, intrusive, very uncomfortable, and when it's done, you'll have seen things you really didn't want to see, and you'll never forget that you've had one.

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    • #62
      Re: Schools Spy on Students

      Originally posted by streaker69 View Post
      http://www.philly.com/philly/news/br...o_charges.html



      Hopefully one of the Lawyers that frequent this forum can chime in here, because this really confuses me. I'd be willing to bet there are thousands of people in jail that did not intend to act in a criminal manner but did so either in ignorance of the law or a misunderstanding of the law. But in this case the administrators are getting a pass because they didn't intend to behave like criminals?
      According to the Supreme Court, "ignorance of the law or a mistake of law is no defense to criminal prosecution." Cheek v. United States, 498 U.S. 192 (1991)

      Also, I believe there are different measures of intent for different crimes.
      "\x74\x68\x65\x70\x72\x65\x7a\x39\x38";

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      • #63
        Re: Schools Spy on Students

        Originally posted by streaker69 View Post
        http://www.philly.com/philly/news/br...o_charges.html



        Hopefully one of the Lawyers that frequent this forum can chime in here, because this really confuses me. I'd be willing to bet there are thousands of people in jail that did not intend to act in a criminal manner but did so either in ignorance of the law or a misunderstanding of the law. But in this case the administrators are getting a pass because they didn't intend to behave like criminals?
        Originally posted by theprez98 View Post
        According to the Supreme Court, "ignorance of the law or a mistake of law is no defense to criminal prosecution." Cheek v. United States, 498 U.S. 192 (1991)

        Also, I believe there are different measures of intent for different crimes.
        Exactly. For example: In most jurisdictions, a First Degree Homicide needs intent before the act, while a Second Degree needs intent contemporaneously with the act. Manslaughter doesn't need intent, only a willful disregard that death might result.

        So the answer is "it depends." It comes down to the nature of the crime, how the actual statues are written, as well as prior case law regarding the implementation of the statutes.
        Thorn
        "If you can't be a good example, then you'll just have to be a horrible warning." - Catherine Aird

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        • #64
          Re: Schools Spy on Students

          Well supposedly the kid was taking what looked like pills to the webcam but it turned out to be candy, if i heard through the rumor mill correctly... but we know how whisper down the lane goes...read the asst principal repsonse and it sounds like the poor kid was "improper behavior"
          kids will be kids
          Your Life Is Your Crime, It's Punishment Time

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          • #65
            Re: Schools Spy on Students

            Originally posted by streaker69 View Post
            http://www.philly.com/philly/news/br...o_charges.html



            Hopefully one of the Lawyers that frequent this forum can chime in here, because this really confuses me. I'd be willing to bet there are thousands of people in jail that did not intend to act in a criminal manner but did so either in ignorance of the law or a misunderstanding of the law. But in this case the administrators are getting a pass because they didn't intend to behave like criminals?
            Im no lawyer, but i've read many case laws and Title18 laws.. The police are of the slogan
            "ignorance is not an excuse" and as for the administration, cmon! $$ talks, if OJ can get off then anyone with power and $ can do that same... According to the PA Eastern District PDF copies of the allegations and facts, the case is still on. These things take months to years. They allege abuse while the other party (the school) alleges Insurance Policy matters. Also, the Phila FBI investigated. They arent much help. Your better off asking a brick wall to investigate than the Phila FBI
            Your Life Is Your Crime, It's Punishment Time

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            • #66
              Re: Schools Spy on Students

              Just an update:

              http://www.foxnews.com/us/2010/10/11...bcam-spy-suit/

              ...and the most disgusting part:

              The settlement calls for $175,000 to be placed in a trust for Robbins and $10,000 for a second student who filed suit, Jalil Hassan. Their lawyer, Mark Haltzman, will get $425,000 for his work on the case.
              A third party security audit is the IT equivalent of a colonoscopy. It's long, intrusive, very uncomfortable, and when it's done, you'll have seen things you really didn't want to see, and you'll never forget that you've had one.

              Comment

              • #67
                Re: Schools Spy on Students

                Originally posted by streaker69 View Post
                Just an update
                sadly, the news piece doesn't say what became of the original IT administrator, on whom much of this was initially pinned.

                thanks for the follow-up to the story, however, streaker... i really get frustrated sometimes that in the 24-hour news cycle's endless quest for "what's new" we often don't get the follow-up to really important stories.

                imagine such a news feed service... if you could flag incoming topics as relevant to you somehow, and then either months or even years later if such a topic had any movement on a case or developments in law or even if someone just spoke out and did a "whatever happened to" piece, it would ping you.
                "I'll admit I had an OiNK account and frequented it quite often… What made OiNK a great place was that it was like the world's greatest record store… iTunes kind of feels like Sam Goody to me. I don't feel cool when I go there. I'm tired of seeing John Mayer's face pop up. I feel like I'm being hustled when I visit there, and I don't think their product is that great. DRM, low bit rate, etc... OiNK it existed because it filled a void of what people want."
                - Trent Reznor

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                • #68
                  Re: Schools Spy on Students

                  Originally posted by Deviant Ollam View Post
                  sadly, the news piece doesn't say what became of the original IT administrator, on whom much of this was initially pinned.

                  thanks for the follow-up to the story, however, streaker... i really get frustrated sometimes that in the 24-hour news cycle's endless quest for "what's new" we often don't get the follow-up to really important stories.

                  imagine such a news feed service... if you could flag incoming topics as relevant to you somehow, and then either months or even years later if such a topic had any movement on a case or developments in law or even if someone just spoke out and did a "whatever happened to" piece, it would ping you.
                  Glad to be of service.

                  You can kind of do your idea with Google news alerts. Pick a key phrase from the article and have it email you whenever that phrase shows up. I used to do it all the time. Although a dedicated service would be nice.
                  A third party security audit is the IT equivalent of a colonoscopy. It's long, intrusive, very uncomfortable, and when it's done, you'll have seen things you really didn't want to see, and you'll never forget that you've had one.

                  Comment

                  • #69
                    Re: Schools Spy on Students

                    Originally posted by streaker69 View Post
                    You can kind of do your idea with Google news alerts. Pick a key phrase from the article and have it email you whenever that phrase shows up. I used to do it all the time. Although a dedicated service would be nice.
                    This is what I have been doing for the "Defcon in the news" thread. I have 2 or 3 different searches against google news for stories related to Defcon. Then I review the results, weed out the off-topic where they are using "defcon" to refer to something else and remove the repeated stories, or stories that are not interesting enough. What remains, gets tossed into the thread.

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                    • #70
                      Re: Schools Spy on Students

                      The final VERDICT WAS!!!!!!


                      610 THOUSAND DOLLARS AWARDED TO THE FAMILIES
                      Your Life Is Your Crime, It's Punishment Time

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                      • #71
                        Re: Schools Spy on Students

                        Originally posted by JMC31337 View Post
                        The final VERDICT WAS!!!!!!


                        610 THOUSAND DOLLARS AWARDED TO THE FAMILIES
                        Uhh, try again, first, there wasn't a verdict, it was an out of court settlement. Second, the attorney got $425K for himself, and the rest was awarded. Meaning the attorney got the lion's share of the money. It's disgusting.
                        A third party security audit is the IT equivalent of a colonoscopy. It's long, intrusive, very uncomfortable, and when it's done, you'll have seen things you really didn't want to see, and you'll never forget that you've had one.

                        Comment

                        • #72
                          Re: Schools Spy on Students

                          In Indian Schools Where i come from, There is No Webcam to monitor, instead we have limited period of access time may be for 15 mins to 30 mins per day, and they could have blocked every site which is related to Movies, Games, etc except for Games specially Cricket

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