Originally posted by: RaySun2Be
At a school board meeting ~ a year ago, opponents of the high school?s Computer Initiative predicted that the administration would not be able to control the student?s access to inappropriate internet sites. The administration promised that they had the technology and would be competent and capable of protecting the students from these dangers. The administration confidently moved the program forward.
I give them an F in competency and capability
I definitely agree with your assessment. They obviously didn't start this program on the right foot.
Unfortunately our program did not allow for the temporary suspension of computer privileges. Some kids who had trouble resisting temptation tried to turn in their laptops and were forced by the administration to take them back. And the administration still seems to prefer the option of felony charges, and intimidation over the simple withdrawal of computer privileges.
Students who "had trouble resisting temptation" - I saw that on their website and I had to laugh. I attended a high school that had a very advanced technology program in place for the time. I saw plenty of security holes and I didn't exploit them. Being a member of society is all about resisting temptation. There are times I want to rip someone's head off but I resist the temptation because I know it is wrong and illegal.
No one has checked to see if the school district's new program involved methods of curriculum delivery that require a computer. If that is the case how could they take away the computer privilege and still deliver an education solution to the student?
The 13 students charged violated that policy, said Kutztown Police Chief Theodore Cole, insisting the school district had exhausted all options short of expulsion before seeking the charges. Cole said, however, that there is no evidence the students attacked or disabled the school's computer network, altered grades or did anything else that could be deemed malicious.
So if there was no malicious behavior, just violations of school policy (policy does not equl state law), how does that equate to felony charges?
Unfortunately for the children, the Police chief is not the authority on deciding whether what they did was malicious behavior or not. That is up to the court. The students admitted themselves that they cracked passwords, loaded unauthorized software, changed the function of remote assistance software so that they could use it to monitor administration. Though they may not have caused any permanent damages, they persisted in repeating their offenses after being warned and reprimanded. This all caused man hours to be used to reconfigure and reload the machines. That causes a monetary loss and repeating the offense can go towards showing malice.
The administration explained to some kids and parents that the downloading of inappropriate imagery was the equivalent of ?vandalizing a schoolroom? or ?tearing pages out of a textbook.? The kids saw this as a ridiculous and laughable analogy
Again unfortunately for the students the ultimate decision on the analogy is the court not them, their parents, you or me (who happens to agree that it is not a good analogy) I don't know that I would go as far as calling it ridiculous and laughable. I would say that a better analogy would be to putting up offensive graffiti. It is there for view by others and it requires some work to remove it.
PENNSYLVANIA
§ 7615. Computer trespass
(a) OFFENSE DEFINED.-- A person commits the offense of computer trespass if he knowingly and without authority or in excess of given authority uses a computer or computer network with the intent to:
(1) temporarily or permanently remove computer data, computer programs
or computer software from a computer or computer network;
(2) cause a computer to malfunction, regardless of the amount of time
the malfunction persists;
(3) alter or erase any computer data, computer programs or computer
software;
(4) effect the creation or alteration of a financial instrument or of
an electronic transfer of funds; or
(5) cause physical injury to the property of another.
(b) GRADING.-- An offense under this section shall constitute a felony of the third degree.
I don't see much of this statute fitting what they did (based on the facts/opinions/articles I've read) I think a reasonably good lawyer can get the charges dropped.
And from what I've read, ALL 600 laptops had the original admin password taped to the back of the laptop.
I also find it interesting that the IT director in charge of the project happens to be the brother of the HS principal. And niether seem to be capable of recognizing they made some mistakes in this matter. I also think they were so driven to make the program work no matter what in order to justify the huge expense. That would explain why they forced the students that tried to return the laptops to take the laptops back, even when the students were honest and felt like they couldn't handle the responsiblity.
Just food for thought. I still think there were far better ways of handling this than felony charges.
I bolded #3 because that is the section that they violated.
I do however agree with you that there are some things with the administration that are somewhat fishy. Remember though that most of the information out there is coming from the defense. We really haven't heard from the prosecution and if they do not have a real case, then you will absolutely be correct in the assessment that a good (maybe even a bad) lawyer can get the charges dropped.
My reason for entering this thread wasn't so much to support their being charged with a felony. I too think the administration could have done some more from what I have read, but I know we haven't seen much of the other side of this story.
The reason I entered this thread was because I have seen so many of the threads where people say things like "wow they would have been better off committing murder and rape" and "man how can you classify what they did as a felony?"
Well the children in this case are not innocent. The district contributed with negligence, but the students persisted even after being reprimanded and punished. Detentions and in school suspensions were handed out yet the parents are saying that it wasn't enough. Since when is the school district responsible for raising their children. I can tell you that when I was in school, if I had gotten any type of suspension my dad would have had his foot so far up my butt I would have had athlete's foot smelling bad breath.
School districts are placed in really crappy positions these days. No one wants to pay taxes to support them, but everyone expects them to have the latest technology and the skills to support it. They are expected by many parents to raise their children for them. To teach them right from wrong and discipline them without any support from the parents.
I volunteer at a few area school districts to consult with them on proper security setup. I do it because I know that if I didn't most likely no one would and I can tell you from working with them that they do not have the personnel to carry it out. I do not know how Penn is, but in Texas the state regulates how many support people you can have based on how many teachers you have. Also their pay grade is set much lower than the market pay level. I make much more than any administrator in a school district does even the ones much larger than the college I work at.
I think when we really examine this that you (referring to Ray) and I probably agree a whole heck of a lot more about this than we disagree. I too don't think a felony charge was the best way to tackle this problem, however I also do not think it is totally absurd (my assessment of this may change as more information comes out).