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Student Sues School After Nude Photos Found On Her Phone 
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Legend

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You may recall the news story from last year about some teenaged girls in Pennsylvania who were being threatened with child porn charges, after taking "nude and semi-nude" photos of themselves on a mobile phone during a party, and sending them to others. The judge halted the potential lawsuit, noting that the nude photos didn't appear to depict any sexual acts (as per the law), but the local prosecutor still wanted to file charges. As more and more details came out, the whole thing got increasingly ridiculous. Apparently, the girls in question were given a choice to either take a "re-education" class, or face charges.

And now, reader Pickle Monger points out that one of the girls, along with the ACLU, is suing the school district itself, claiming that it violated the girl's privacy. Apparently, the way the school found out about the photos was that it had confiscated her mobile phone, after she was caught making a phone call on school grounds, against school rules. There's no problem with confiscating the phone, of course, but then the school searched through the phone and found those photos. It's the search that the ACLU and the student are questioning. The school had no reason to search through the phone, or to look at the photos stored on the phone after it had confiscated it.


http://techdirt.com/articles/20100521/1051269527.shtml

Good on her :D

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Tue May 25, 2010 12:07 am
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I maintain my earlier comments - this particular kind of behaviour is not uncommon amongst teenagers, is it really a good idea to criminalise it?

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Tue May 25, 2010 12:11 am
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On the flip side though, there have been a number of cases of genuine paedophiles being caught because they took a PC in to be repaired and a nosey member of staff went exploring on the hard drive.

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Tue May 25, 2010 7:52 am
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jonlumb wrote:
On the flip side though, there have been a number of cases of genuine paedophiles being caught because they took a PC in to be repaired and a nosey member of staff went exploring on the hard drive.

Yes but these were pictures of the girls being taken by the girls themselves no one else was involved.

The ACLU should go for the school for unlawful search. If they were going to do a search they would have had to have read the child their rights and had a responsible adult in attendance while doing so. None of which was followed. If this was a criminal case the evidence found would have to be inadmissible because the defendants rights were not followed. All it will do now is get them to follow the rules of criminal interviews before they do anything.

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Tue May 25, 2010 8:23 am
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jonlumb wrote:
On the flip side though, there have been a number of cases of genuine paedophiles being caught because they took a PC in to be repaired and a nosey member of staff went exploring on the hard drive.
Rightly or wrongly that's still an invasion of privacy.

Mark

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Tue May 25, 2010 8:26 am
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Amnesia10 wrote:
Yes but these were pictures of the girls being taken by the girls themselves no one else was involved.


I can't believe that people are still silly enough to take pictures like these and send them to others....eventually they're bound to be passed around and then they're out there for the world to see, or on Facebook, 4chan, etc.

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Tue May 25, 2010 8:54 am
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Paul1965 wrote:
Amnesia10 wrote:
Yes but these were pictures of the girls being taken by the girls themselves no one else was involved.


I can't believe that people are still silly enough to take pictures like these and send them to others....eventually they're bound to be passed around and then they're out there for the world to see, or on Facebook, 4chan, etc.

But that is down to parents teaching their kids to be aware of these things. All too often they are ignorant of what could happen. Though they could help by not giving in and buying their kids a phone with a camera in, or if they do warn them about the downsides.

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Tue May 25, 2010 9:13 am
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timark_uk wrote:
jonlumb wrote:
On the flip side though, there have been a number of cases of genuine paedophiles being caught because they took a PC in to be repaired and a nosey member of staff went exploring on the hard drive.
Rightly or wrongly that's still an invasion of privacy.

Mark


+1, and TBH the helpful member of staff should face prosecution.

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Tue May 25, 2010 9:40 am
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Paul1965 wrote:
Amnesia10 wrote:
Yes but these were pictures of the girls being taken by the girls themselves no one else was involved.


I can't believe that people are still silly enough to take pictures like these and send them to others....eventually they're bound to be passed around and then they're out there for the world to see, or on Facebook, 4chan, etc.


Oh come on, it's something most people have done isn't it? Especially as teenagers!

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Tue May 25, 2010 9:45 am
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Nick wrote:
it's something most people have done isn't it?
Most people? I'd say no. Most teenagers these days, possibly.
Digital cameras in mobile phones have really only been around for about the last ten years on a mass scale.

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Tue May 25, 2010 9:48 am
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It wasnt that long back when this was unheard of. Now theres teens and kids dancing around in their pants on the internet like its the norm. I'll certainly be teaching my kid better.

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Tue May 25, 2010 10:07 am
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There's no problem with confiscating the phone, of course, but then the school searched through the phone and found those photos. It's the search that the ACLU and the student are questioning. The school had no reason to search through the phone, or to look at the photos stored on the phone after it had confiscated it.
Good point. What were they doing looking through her phone.
Lesson one for children everywhere. If you phone is being confiscated, turn it off and have it pin locked.
While I agree kids phones may have serious things like "happy slapping" on there, the teachers have no right to search phones just because they've been used in class.

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