Skip Navigation
Wendy Kaminer

Wendy Kaminer - Wendy Kaminer is an author, lawyer and civil libertarian. She is the author of I'm Dysfunctional, You're Dysfunctional, and was awarded a Guggenheim Fellowship in 1993. More

Wendy Kaminer is a lawyer, social critic and has been a contributing editor of The Atlantic since 1991. She writes about law, liberty, feminism, religion and popular culture and has written seven books, including Free for All; Sleeping with Extra-Terrestrials; and I'm Dysfunctional, You're Dysfunctional. Kaminer worked as a staff attorney in the New York Legal Aid Society and in the New York City Mayor's Office and was awarded a Guggenheim Fellowship in 1993. She is a renowned contrarian who has tackled the issues of censorship and pornography, feminism, pop psychology, gender roles and identities, crime and the criminal-justice system, and gun control. She is now a senior correspondent for The American Prospect and her articles and reviews have appeared in The Atlantic, The New York Times, The Wall Street Journal, Newsweek, The American Prospect, Dissent, The Nation, The Wilson Quarterly, Free Inquiry, and spiked-online.com. Her commentaries have aired on National Public Radio.

Spying on Students

By Wendy Kaminer
Feb 19 2010, 5:06 PM ET Comment

Increasingly ubiquitous surveillance is enabled not just by its invisibility but by the common refrain that people who have nothing to hide have nothing to fear.  I doubt that sentiment will prevail in suburban Pennsylvania, where, according to a complaint recently filed in federal district court, high school officials spied on students and their families, in their homes, by remotely activating Webcams on laptops issued to over 2,000 students last year.  (Even seasoned civil libertarians were taken aback: "every time you think you've heard everything ..." my friend Harvey Silverglate remarked.)
   
The complaint in this case, filed by the parents of student Blake Robbins, alleges that the Robbins family learned they were under surveillance when a Harriton High School administrator accused Blake of having "engaged of improper behavior in his home, and cited as evidence a photograph from the Webcam embedded in (Blake's) personal laptop issued by the school district."   According to the complaint, the administrator acknowledged to Blake's father that the "School District in fact has the ability to remotely activate the Webcam ...at any time it chose and to view and capture whatever images were in front of the Webcam, all without the knowledge, permission or authorization of (the user)."  
   
The school district has not exactly denied these charges: A statement on its Web site admits that the laptops were equipped with "security features" capable of taking "still images of the operator and the operator's screen."  These features were "only used for the narrow purpose of locating a lost, stolen or missing laptop."  Naturally school officials "regret any concern or inconvenience among our students and families" caused by the previously secret surveillance; it is disabling the "security tracking program" and reviewing its policies.  Good to know.
   
This seems like a case the school district should be anxious to settle, and it would be comforting to regard it as anomalous.  But if most high school administrators are not secretly photographing students and their families at home, many are monitoring and punishing the online, off campus speech of students.  (I've discussed this trend here; the Student Press Law Center tracks student rights cases generally.) Sometimes school administrators are checked by the courts (or perhaps by the threat of lawsuits).  A federal magistrate in Florida recently ruled in favor of a former high school student who'd been suspended for criticizing a teacher on her Facebook page; the court declined to dismiss her lawsuit against the school and observed that her remarks about the teacher were protected speech.  But the Supreme Court has been unsympathetic to student speech rights, rejecting a challenge by a student who was disciplined for carrying a nonsensical "Bong Hits 4 Jesus" sign at an off-campus event, and in another widely noted case, Doninger v Neihoff, a three-judge panel of the 2nd Circuit Court of Appeals, (including Sonia Sotomayor) rejected a First Amendment challenge by a student who was punished for criticizing school administrators on her blog.  
   
I'm not comparing the covert installation of cameras in a student's home to the monitoring of her public, online (or off line) speech, exactly.  But Harriton's High School's alleged use of Webcams is just a few steps along a continuum of expanding official intrusions into the off campus lives, and minds, of students.  What is perhaps most striking about the conduct alleged in the Harriton school case is the apparent obliviousness of school officials to the wrongfulness, much less apparent illegality, of their conduct.  (The FBI has reportedly opened a criminal investigation into the alleged spying.)  According to the complaint in this case, the assistant principal volunteered as evidence against Blake Robbins a photograph of him taken by the secret, remotely activated Webcam.  I'm tempted to ask "What were they thinking," but the better question is "Why were they thinking it?"

UPDATE: Hysteria over drug use may have contributed to the allegedly illegal surveillance of students at Harriton High.   Courthousenews.com reports: "A federal judge late Monday ordered a suburban school district not to activate 'any and all Web cams embedded in laptop computers issued to students.' The district had accused a sophomore of selling drugs because a snapshot taken remotely from the school-issued laptop showed him holding what looked like two pills. They were in fact Mike & Ikes, one of his favorite candies, said the boy's mother."






Presented by

More at The Atlantic

If 10 Berkeley Cops Can't Get the Chief's Son's Phone Back, Your Vigilante Recovery Won't Work Either The Perils of Tracking Down a Stolen Phone
The Proposed Auction of Ronald Reagan's Blood Isn't Surprising The Proposed Auction of Ronald Reagan's Blood Isn't Surprising
The '7 Dirty Words' Turn 40, but They're Still Dirty The '7 Dirty Words' Are Still Taboo on TV
Up Close at the Anti-NATO Protests Up Close at the Anti-NATO Protests in Chicago
SNL Needs to Get Over Television SNL Needs an Update

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register.
blog comments powered by Disqus
View All Correspondents

The Biggest Story in Photos

One Year Since the Joplin Tornado

May 23, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)

(sample)

(sample)