Quote :

"five experts debated how best to strike a balance between privacy and security concerns. Lawyer Kevin Bankston of the Electronic Frontier Foundation argued that wiretap laws, which now cover audio recordings, should be broadened to include videotaped surveillance. But others disagreed, arguing that wiretap charges should not apply, lest they entangle innocent people using software tracking programs to try to find their own stolen phones or laptops. "If it does fall under (the Wiretap Act) in the new legislation, we hope there will be an exception for stolen devices," said John Livingston, chairman of Absolute Software Corp., the Vancouver, British Columbia-based company that acquired the LANrev TheftTrack software program deployed by Lower Merion. The panel debated whether any new law should focus on the intent of the person using the camera; whether the subject's location affords them an expectation of privacy, such as a home or locker room; or the full context of the situation."

Quote :

"'Gap' that should be closed "There's no question that I believe the federal government should be legislating in this area," said Fred H. Cate, an Indiana University law school professor who specializes in cybersecurity issues. "We've seen a proliferation of video cameras in every aspect of our lives." Specter, the only senator in attendance Monday, agreed to lead the effort, noting that at least one federal judge voiced concerns a quarter century ago that privacy laws were not keeping up with emerging technology. "My sense is my colleagues will be responsive," Specter said. "If there is a gap, it ought to be closed ... after 25 years.""

I tried to strip the specifics of the case involved from the story, so that people would think about general principles first. Once you've read these clippings, then check out the specifics of the case at this link:

http://www.msnbc.msn.com/id/36088027/ns/technology_and_science-security/

Should the school have control of turning on and off the webcams remotely while the laptops are in the hands of students? Is this something the legislature should clarify the law on or should we leave it in the hands of judges to decide? (be they activist or otherwise )

3/29/2010 8:38:43 PM

if there is a case to decide such a thing, this one sure as hell isn't it. you have a gov't agency that did something pretty stupid. at best you would only be deciding if the gov't can turn on a webcam on a potentially stolen computer. If one is for activist rulings, this one would be lackluster at best. it would just uphold that the gov't should get warrants.

3/29/2010 9:50:58 PM