winnie smith v. heartland computers, inc. & storebror tech services, inc. a case about the right...
TRANSCRIPT
Winnie Smithv.
Heartland Computers, Inc.
&Storebror Tech Services, Inc.
A case about the Right to Privacy
Case Summary
Ingram, Iowa
Case Summary
IngSoc High School
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IngSoc High School
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PRINCIPAL – Hayden O’Brien
IngSoc High School
Case Summary
PRINCIPALHayden O’Brien
IT PERSON– Sydney Ampleforth
IngSoc High School
Case Summary
PRINCIPALHayden O’Brien
IT PERSONSydney Ampleforth
TYPICAL PARENT (PTO) – Morgan Parsons
Case Summary
PRINCIPAL
IT PERSON PARENT
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PRINCIPAL
IT PERSON PARENT
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Heartland Computers, Inc.
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Heartland Computers, Inc.CEO– Reese Charrington
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CEOPRINCIPAL
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(1) Computer is school property – like a textbook
(2) Computer stays at school unless you pay $60 insurance fee
(3) Computer has tracking software on it which will be activated if lost or stolen
Case Summary
STUDENT – Winnie Smith
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STUDENT – Winnie Smith
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STUDENT – Winnie Smith
Where’s my laptop?Ummm…Dude, I think someone must have stolen it or something…
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EMPLOYEE– Eric(a) Blair
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STUDENT – Winnie Smith
Dude, I think someone’staking pictures of me. What should I do about it?GOT IT!Fake bomb threat!
Case Summary
PRINCIPAL – Hayden O’Brien
STUDENT – Winnie Smith
Case Summary
PRINCIPAL – Hayden O’Brien
STUDENT – Winnie Smith
Case Summary
PRINCIPAL – Hayden O’Brien
STUDENT – Winnie Smith
The Question
Is it ALL GOOD because the students signed documents and knew that their laptops were school property?
The Question
Is it ALL GOOD because the students signed documents and knew that their laptops were school property?
Is it ALL BAD (and creepy) because no one would reasonably have expected the school to be taking photos of them in their rooms under any circumstances?
The LawThree Causes of Action:
[1] Invasion of Privacy(a)(b)(c)(d)
[2] Interception of Communication(a)(b)
[3] Identity Theft(a)(b)(c)(d)
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
[2] Interception of Communication(a)(b)
[3] Identity Theft(a)(b)(c)(d)
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
The Law
Citizens
Government
The Law
Citizens
Citizens
Government
Corporations
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
State County
County School System
Contracted Corp.
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
Privacy implies that something private has been invaded. You can’t claim that something you do in public is private. Thus, this picture is not an invasion of privacy.
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
The invasion must be intentional, it cannot be accidental.
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
[3] Identity Theft(a)(b)(c)(d)
The LawThree Causes of Action:
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
The word “use” does NOT require that the information is used in part of an elaborate plan. “Use” in this context just means: personal use, such as viewing information or disseminating information.
The LawThree Causes of Action:
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
The person must have reason to know the communication was intercepted. If the person has no reason to believe that the communication was intercepted, then s/he is not liable under the law.
Hmm, that e-mail I just got seems fishy. I’ll bet it was
intercepted and then forwarded to me.
Hmm, that e-mail I just got seems fishy. I’ll bet it was
intercepted and then forwarded to me.
The LawThree Causes of Action:
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
IMPORTANT!A person who gives actual consent to a communication being intercepted CANNOT claim that they were the victim of an intercepted communication.
Thus, one argument for the defense is that the STUDENTS consented to being tracked.
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
[3] Identity Theft(a) Personal identification(b) Is unlawfully accessed(c) And then used or use is attempted(d) To obtain goods, services, or other benefits
The LawThree Causes of Action:
[3] Identity Theft(a) Personal identification(b) Is unlawfully accessed(c) And then used or use is attempted(d) To obtain goods, services, or other benefits
The LawThree Causes of Action:
[3] Identity Theft(a) Personal identification(b) Is unlawfully accessed(c) And then used or use is attempted(d) To obtain goods, services, or other benefits
OK NOT OK
The LawThree Causes of Action:
[3] Identity Theft(a) Personal identification(b) Is unlawfully accessed(c) And then used or use is attempted(d) To obtain goods, services, or other benefits
Dude, I swear this is me. And I would like some beer, please.
The LawThree Causes of Action:
[1] Invasion of Privacy(a) State actor(b) Intrusion upon another’s solitude, seclusion, private affairs or
concerns(c) Intrusion is intentional or knowing(d) Intrusion is one that would be highly offensive to reasonable person
[2] Interception of Communication(a) A person willingly uses the contents of a communication(b) The person has reason to know the communication is intercepted
[3] Identity Theft(a) Personal identification(b) Is unlawfully accessed(c) And then used or use is attempted(d) To obtain goods, services, or other benefits
The End