Transcript Three Causes of Action

Winnie Smith
v.
Heartland
Computers, Inc.
&
Storebror Tech
Services, Inc.
A case about the Right to Privacy
Case Summary
Case Summary
Ingram, Iowa
Case Summary
IngSoc High School
Case Summary
IngSoc High School
PRINCIPAL – Hayden O’Brien
Case Summary
PRINCIPAL
Hayden O’Brien
IngSoc High School
IT PERSON– Sydney Ampleforth
Case Summary
PRINCIPAL
Hayden O’Brien
IT PERSON
Sydney Ampleforth
IngSoc High School
TYPICAL PARENT (PTO) – Morgan
Parsons
Case Summary
PRINCIPAL
IT PERSON
PARENT
Case Summary
PRINCIPAL
IT PERSON
PARENT
Case Summary
Heartland Computers, Inc.
Case Summary
CEO– Reese Charrington
Heartland Computers, Inc.
Case Summary
PRINCIPAL
CEO
Case Summary
Case Summary
Case Summary
(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
Case Summary
STUDENT – Winnie Smith
Case Summary
Where’s my laptop?
Ummm…
Dude, I think someone must
have stolen it or
something…
STUDENT – Winnie Smith
Case Summary
Case Summary
Case Summary
Case Summary
EMPLOYEE– Eric(a) Blair
Case Summary
Case Summary
Dude, I think someone’s
taking pictures of me.
What should I do about it?
GOT IT!
Fake bomb threat!
STUDENT – Winnie Smith
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 Law
Three 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 Law
Three 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 Law
Three 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
Government
Citizens
The Law
Corporations
Government
Citizens
Citizens
The Law
Three 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
County
School
System
State
County
Contracted Corp.
The Law
Three 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 Law
Three 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 Law
Three 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
Three 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 Law
Three 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 Law
Three 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.
The Law
Three 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 Law
Three 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 Law
Three 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 Law
Three 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 Law
Three 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 Law
Three 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