Couple Can Sue Laptop-Tracking Company (LoJack) for Spying on Sex Chats

[G. Morgan]

http://www.wired.com/threatlevel/201...ed-for-spying/

"The case revolves around a laptop that Clemens-Jeffrey, a substitute
teacher, bought from one of her students in 2008.

The laptop belonged to Clark County School District in Ohio, and had
been stolen from one of its students in April 2008. Another student at
Kiefer Alternative School subsequently purchased the laptop at a bus
station for $40, even though he suspected it was stolen, and turned
around and offered it to Clements-Jeffrey for $60.

Clements-Jeffrey, who was a long-term substitute teacher at Kiefer, says
the student told her his aunt and uncle had given him the laptop, but
that he no longer needed it after getting a new one. She asserts she had
no idea the computer was stolen

Clements-Jeffrey, described in court papers as a 52-year-old widow, had
recently renewed a romance with her high school sweetheart, Carlton
Smith, who lived in Boston. In the course of their courtship, she
exchanged sexually explicit email and instant messages with her beau,
using the computer she had just purchased.

What she didn’t know was that Clark County School District, which
legally owned the laptop, had purchased Absolute’s theft recovery
service, which includes the installation of its remote-recovery software
LoJack, onto client computers. The system gives Absolute employees
remote access to a stolen computer and allows them to record and
intercept any data from the machine."

[FromTheRafters]

"G. Morgan" <G_Morgan@easy.com> wrote in message
news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
> http://www.wired.com/threatlevel/201...ed-for-spying/
>
> "The case revolves around a laptop that Clemens-Jeffrey, a substitute
> teacher, bought from one of her students in 2008.
>
> The laptop belonged to Clark County School District in Ohio, and had
> been stolen from one of its students in April 2008. Another student at
> Kiefer Alternative School subsequently purchased the laptop at a bus
> station for $40, even though he suspected it was stolen, and turned
> around and offered it to Clements-Jeffrey for $60.
>
> Clements-Jeffrey, who was a long-term substitute teacher at Kiefer, says
> the student told her his aunt and uncle had given him the laptop, but
> that he no longer needed it after getting a new one. She asserts she had
> no idea the computer was stolen
>
> Clements-Jeffrey, described in court papers as a 52-year-old widow, had
> recently renewed a romance with her high school sweetheart, Carlton
> Smith, who lived in Boston. In the course of their courtship, she
> exchanged sexually explicit email and instant messages with her beau,
> using the computer she had just purchased.
>
> What she didn't know was that Clark County School District, which
> legally owned the laptop, had purchased Absolute's theft recovery
> service, which includes the installation of its remote-recovery software
> LoJack, onto client computers. The system gives Absolute employees
> remote access to a stolen computer and allows them to record and
> intercept any data from the machine."

I don't think that the "I didn't know that it was stolen" defense is gonna fly.

[Rhonda Lea Kirk Fries]

FromTheRafters wrote:
> "G. Morgan" <G_Morgan@easy.com> wrote in message
> news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
>> http://www.wired.com/threatlevel/201...ed-for-spying/
>>
>> "The case revolves around a laptop that Clemens-Jeffrey, a substitute
>> teacher, bought from one of her students in 2008.
>>
>> The laptop belonged to Clark County School District in Ohio, and had
>> been stolen from one of its students in April 2008. Another student
>> at Kiefer Alternative School subsequently purchased the laptop at a
>> bus station for $40, even though he suspected it was stolen, and
>> turned around and offered it to Clements-Jeffrey for $60.
>>
>> Clements-Jeffrey, who was a long-term substitute teacher at Kiefer,
>> says the student told her his aunt and uncle had given him the
>> laptop, but that he no longer needed it after getting a new one. She
>> asserts she had no idea the computer was stolen
>>
>> Clements-Jeffrey, described in court papers as a 52-year-old widow,
>> had recently renewed a romance with her high school sweetheart,
>> Carlton Smith, who lived in Boston. In the course of their
>> courtship, she exchanged sexually explicit email and instant
>> messages with her beau, using the computer she had just purchased.
>>
>> What she didn't know was that Clark County School District, which
>> legally owned the laptop, had purchased Absolute's theft recovery
>> service, which includes the installation of its remote-recovery
>> software LoJack, onto client computers. The system gives Absolute
>> employees remote access to a stolen computer and allows them to
>> record and intercept any data from the machine."
>
> I don't think that the "I didn't know that it was stolen" defense is
> gonna fly.

It already did fly. The charges were dropped because it flew.

The issue now is something entirely different, and she has a good chance
of winning.

[FromTheRafters]

"Rhonda Lea Kirk Fries" <rhondaleakirk@earthling.net> wrote in message
news:j3nlei$ce$2@news.datemas.de...
> FromTheRafters wrote:
>> "G. Morgan" <G_Morgan@easy.com> wrote in message
>> news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
>>> http://www.wired.com/threatlevel/201...ed-for-spying/
>>>
>>> "The case revolves around a laptop that Clemens-Jeffrey, a substitute
>>> teacher, bought from one of her students in 2008.
>>>
>>> The laptop belonged to Clark County School District in Ohio, and had
>>> been stolen from one of its students in April 2008. Another student
>>> at Kiefer Alternative School subsequently purchased the laptop at a
>>> bus station for $40, even though he suspected it was stolen, and
>>> turned around and offered it to Clements-Jeffrey for $60.
>>>
>>> Clements-Jeffrey, who was a long-term substitute teacher at Kiefer,
>>> says the student told her his aunt and uncle had given him the
>>> laptop, but that he no longer needed it after getting a new one. She
>>> asserts she had no idea the computer was stolen
>>>
>>> Clements-Jeffrey, described in court papers as a 52-year-old widow,
>>> had recently renewed a romance with her high school sweetheart,
>>> Carlton Smith, who lived in Boston. In the course of their
>>> courtship, she exchanged sexually explicit email and instant
>>> messages with her beau, using the computer she had just purchased.
>>>
>>> What she didn't know was that Clark County School District, which
>>> legally owned the laptop, had purchased Absolute's theft recovery
>>> service, which includes the installation of its remote-recovery
>>> software LoJack, onto client computers. The system gives Absolute
>>> employees remote access to a stolen computer and allows them to
>>> record and intercept any data from the machine."
>>
>> I don't think that the "I didn't know that it was stolen" defense is
>> gonna fly.
>
> It already did fly. The charges were dropped because it flew.

The charges were dropped, so I assume it wasn't ever presented in court.

The charges were dropped is not the same as being found innocent
of a charge, they probably just didn't want to persue it.

> The issue now is something entirely different, and she has a good chance of
> winning.

Right, now she is not the defendant and the charge is not stolen property.

I suspect they will be found guilty because of how they handled the information
rather than how they gained it.

[Rhonda Lea Kirk Fries]

FromTheRafters wrote:
> "Rhonda Lea Kirk Fries" <rhondaleakirk@earthling.net> wrote in message
> news:j3nlei$ce$2@news.datemas.de...
>> FromTheRafters wrote:
>>> "G. Morgan" <G_Morgan@easy.com> wrote in message
>>> news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
>>>> http://www.wired.com/threatlevel/201...ed-for-spying/
>>>>
>>>> "The case revolves around a laptop that Clemens-Jeffrey, a
>>>> substitute teacher, bought from one of her students in 2008.
>>>>
>>>> The laptop belonged to Clark County School District in Ohio, and
>>>> had been stolen from one of its students in April 2008. Another
>>>> student at Kiefer Alternative School subsequently purchased the
>>>> laptop at a bus station for $40, even though he suspected it was
>>>> stolen, and turned around and offered it to Clements-Jeffrey for
>>>> $60. Clements-Jeffrey, who was a long-term substitute teacher at
>>>> Kiefer,
>>>> says the student told her his aunt and uncle had given him the
>>>> laptop, but that he no longer needed it after getting a new one.
>>>> She asserts she had no idea the computer was stolen
>>>>
>>>> Clements-Jeffrey, described in court papers as a 52-year-old widow,
>>>> had recently renewed a romance with her high school sweetheart,
>>>> Carlton Smith, who lived in Boston. In the course of their
>>>> courtship, she exchanged sexually explicit email and instant
>>>> messages with her beau, using the computer she had just purchased.
>>>>
>>>> What she didn't know was that Clark County School District, which
>>>> legally owned the laptop, had purchased Absolute's theft recovery
>>>> service, which includes the installation of its remote-recovery
>>>> software LoJack, onto client computers. The system gives Absolute
>>>> employees remote access to a stolen computer and allows them to
>>>> record and intercept any data from the machine."
>>>
>>> I don't think that the "I didn't know that it was stolen" defense is
>>> gonna fly.
>>
>> It already did fly. The charges were dropped because it flew.
>
> The charges were dropped, so I assume it wasn't ever presented in
> court.

Exactly. The prosecutor has to believe s/he actually has a case to
present for a case to go forward.

> The charges were dropped is not the same as being found innocent
> of a charge, they probably just didn't want to persue it.

Actually, people aren't found innocent. They are found "not guilty."

Consider OJ Simpson. "Beyond a reasonable doubt" is a very high standard
to meet.

http://www.google.com/search?q=beyon...w=1324&bih=876

or the short form:

http://preview.************/3jocxbe

On the other hand, having the charges dropped often means the case was a
non-starter.

>> The issue now is something entirely different, and she has a good
>> chance of winning.

They went too far, but she's allowed her embarrassment to get the better
of her. On the other hand, if it's handled correctly, it wil establish a
standard.

> Right, now she is not the defendant and the charge is not stolen
> property.
> I suspect they will be found guilty because of how they handled the
> information rather than how they gained it.

In civil cases, guilt is not the issue. It's all about liability. In
this case, that liability should turn on both issues.

[FromTheRafters]

"Rhonda Lea Kirk Fries" <rhondaleakirk@earthling.net> wrote in message
news:j3od4e$6f2$1@news.datemas.de...
> FromTheRafters wrote:
>> "Rhonda Lea Kirk Fries" <rhondaleakirk@earthling.net> wrote in message
>> news:j3nlei$ce$2@news.datemas.de...
>>> FromTheRafters wrote:
>>>> "G. Morgan" <G_Morgan@easy.com> wrote in message
>>>> news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
>>>>> http://www.wired.com/threatlevel/201...ed-for-spying/
>>>>>
>>>>> "The case revolves around a laptop that Clemens-Jeffrey, a
>>>>> substitute teacher, bought from one of her students in 2008.
>>>>>
>>>>> The laptop belonged to Clark County School District in Ohio, and
>>>>> had been stolen from one of its students in April 2008. Another
>>>>> student at Kiefer Alternative School subsequently purchased the
>>>>> laptop at a bus station for $40, even though he suspected it was
>>>>> stolen, and turned around and offered it to Clements-Jeffrey for
>>>>> $60. Clements-Jeffrey, who was a long-term substitute teacher at Kiefer,
>>>>> says the student told her his aunt and uncle had given him the
>>>>> laptop, but that he no longer needed it after getting a new one.
>>>>> She asserts she had no idea the computer was stolen
>>>>>
>>>>> Clements-Jeffrey, described in court papers as a 52-year-old widow,
>>>>> had recently renewed a romance with her high school sweetheart,
>>>>> Carlton Smith, who lived in Boston. In the course of their
>>>>> courtship, she exchanged sexually explicit email and instant
>>>>> messages with her beau, using the computer she had just purchased.
>>>>>
>>>>> What she didn't know was that Clark County School District, which
>>>>> legally owned the laptop, had purchased Absolute's theft recovery
>>>>> service, which includes the installation of its remote-recovery
>>>>> software LoJack, onto client computers. The system gives Absolute
>>>>> employees remote access to a stolen computer and allows them to
>>>>> record and intercept any data from the machine."
>>>>
>>>> I don't think that the "I didn't know that it was stolen" defense is
>>>> gonna fly.
>>>
>>> It already did fly. The charges were dropped because it flew.
>>
>> The charges were dropped, so I assume it wasn't ever presented in
>> court.
>
> Exactly. The prosecutor has to believe s/he actually has a case to present for
> a case to go forward.

Or the aggrieved (the school) declines to pursue charges.

>> The charges were dropped is not the same as being found innocent
>> of a charge, they probably just didn't want to persue it.
>
> Actually, people aren't found innocent. They are found "not guilty."

True, they are assumed innocent until proven otherwise.

[...]

> On the other hand, having the charges dropped often means the case was a
> non-starter.

Often. Also sometimes a PR move on the part of the complainant.
Bring charges to teach them a lesson, drop them for PR purposes.

[...]

[unruh]

["Followup-To:" header set to alt.computer.security.]
On 2011-09-01, FromTheRafters <erratic.howard@gmail.com> wrote:
> "Rhonda Lea Kirk Fries" <rhondaleakirk@earthling.net> wrote in message
> news:j3nlei$ce$2@news.datemas.de...
>> FromTheRafters wrote:
>>> "G. Morgan" <G_Morgan@easy.com> wrote in message
>>> news:vv4r57piudgb7r0n0oquauegbv9hrs8khb@Osama-is-dead.net...
>>>> http://www.wired.com/threatlevel/201...ed-for-spying/
>>>>
>>>> "The case revolves around a laptop that Clemens-Jeffrey, a substitute
>>>> teacher, bought from one of her students in 2008.
>>>>
>>>> The laptop belonged to Clark County School District in Ohio, and had
>>>> been stolen from one of its students in April 2008. Another student
>>>> at Kiefer Alternative School subsequently purchased the laptop at a
>>>> bus station for $40, even though he suspected it was stolen, and
>>>> turned around and offered it to Clements-Jeffrey for $60.
>>>>
>>>> Clements-Jeffrey, who was a long-term substitute teacher at Kiefer,
>>>> says the student told her his aunt and uncle had given him the
>>>> laptop, but that he no longer needed it after getting a new one. She
>>>> asserts she had no idea the computer was stolen
>>>>
>>>> Clements-Jeffrey, described in court papers as a 52-year-old widow,
>>>> had recently renewed a romance with her high school sweetheart,
>>>> Carlton Smith, who lived in Boston. In the course of their
>>>> courtship, she exchanged sexually explicit email and instant
>>>> messages with her beau, using the computer she had just purchased.
>>>>
>>>> What she didn't know was that Clark County School District, which
>>>> legally owned the laptop, had purchased Absolute's theft recovery
>>>> service, which includes the installation of its remote-recovery
>>>> software LoJack, onto client computers. The system gives Absolute
>>>> employees remote access to a stolen computer and allows them to
>>>> record and intercept any data from the machine."
>>>
>>> I don't think that the "I didn't know that it was stolen" defense is
>>> gonna fly.
>>
>> It already did fly. The charges were dropped because it flew.
>
> The charges were dropped, so I assume it wasn't ever presented in court.
>
> The charges were dropped is not the same as being found innocent
> of a charge, they probably just didn't want to persue it.

Lets see, the police did not charge you last night for murder. That does
not mean that you are innocent.

Charges get dropped because the prosecution does not think that they
will get a conviction. Which means that the person IS innocent. One of
the key features of the rule of law in common law countries is that you
are innocent until you are proven guilty. Since she was not proven
guilty, she IS innocent.

>
>> The issue now is something entirely different, and she has a good chance of
>> winning.
>
> Right, now she is not the defendant and the charge is not stolen property.
>
> I suspect they will be found guilty because of how they handled the information
> rather than how they gained it.

It is a civil suit. It is not a matter of innocence or guilt, but of
whether or not they inflicted damage.
>
>
>
>
>
>
>

[VanguardLH]

G. Morgan wrote:

> http://www.wired.com/threatlevel/201...ed-for-spying/
>
> "The case revolves around a laptop that Clemens-Jeffrey, a substitute
> teacher, bought from one of her students in 2008.
>
> The laptop belonged to Clark County School District in Ohio, and had
> been stolen from one of its students in April 2008. Another student at
> Kiefer Alternative School subsequently purchased the laptop at a bus
> station for $40, even though he suspected it was stolen, and turned
> around and offered it to Clements-Jeffrey for $60.
>
> Clements-Jeffrey, who was a long-term substitute teacher at Kiefer, says
> the student told her his aunt and uncle had given him the laptop, but
> that he no longer needed it after getting a new one. She asserts she had
> no idea the computer was stolen
>
> Clements-Jeffrey, described in court papers as a 52-year-old widow, had
> recently renewed a romance with her high school sweetheart, Carlton
> Smith, who lived in Boston. In the course of their courtship, she
> exchanged sexually explicit email and instant messages with her beau,
> using the computer she had just purchased.
>
> What she didn¢t know was that Clark County School District, which
> legally owned the laptop, had purchased Absolute¢s theft recovery
> service, which includes the installation of its remote-recovery software
> LoJack, onto client computers. The system gives Absolute employees
> remote access to a stolen computer and allows them to record and
> intercept any data from the machine."

Didn't know it was stolen. Uh huh. A laptop for $60 and from a
student. If the substitute teacher tries that defense then she's
admitting she's too stupid to be a teacher after which the school's that
hired her should sue for her misrepresentation.

And, of course, it's always such a smart idea to leave the OS and apps
and data files in place on any used computer rather than flatten and
rebuild. Hmm, wonder what her excuse will be if they happen to find
kiddie porn on the laptop.

[FromTheRafters]

"VanguardLH" <V@nguard.LH> wrote in message
news:j3kjn4$rs$1@news.albasani.net...
[...]

> Didn't know it was stolen. Uh huh. A laptop for $60 and from a
> student. If the substitute teacher tries that defense then she's
> admitting she's too stupid to be a teacher after which the school's that
> hired her should sue for her misrepresentation.

That's what *I* thought, and I wondered why they dropped the receiving
stolen property charge. Anyway, the dropping of the charge is no bar to
using the 'stolen property' aspect as protection for Absolute in her counter
charge of privacy violations.

> And, of course, it's always such a smart idea to leave the OS and apps
> and data files in place on any used computer rather than flatten and
> rebuild. Hmm, wonder what her excuse will be if they happen to find
> kiddie porn on the laptop.

According to the story, it was wiped clean of software (a BIOS rootkit is
able to make the tracking software persist) , and that is one of
the reasons she gave for believing that the low price was legitimate.

I don't believe that for a second.

[G. Morgan]

FromTheRafters wrote:

>According to the story, it was wiped clean of software (a BIOS rootkit is
>able to make the tracking software persist) , and that is one of
>the reasons she gave for believing that the low price was legitimate.
>
>I don't believe that for a second.

Nor do I, I would have called the kids parents to ask first.

But I don't think LoJack needed to take screen shots of her with her
legs spread apart (no ****), to get the information needed to locate the
missing unit. I think a better approach would have been for LoJack to
disable the boot sequence, informing them that unit is stolen, and
provide a telephone number to call and explain what happened and make
arrangements to return it.

I'll bet there are hundreds if not 1000's of hot laptops being sold
daily to unwitting buyers. An opportunity for the recipient of the
stolen goods to do the right thing before a Federal Case had to be made
of it would have been nice. (Or a SWAT team busting in @ 3A - worst
case!) ;-)


(legs apart ref.)
__________________
"According to court documents, in June 2008 Magnus began recording
Clements-Jeffrey’s keystrokes and monitoring her web surfing. At one
point, while snooping on Clements-Jeffrey’s webcam communications with
her boyfriend, Magnus also captured three screenshots from her laptop
monitor, which showed Clements-Jeffrey naked in the webcam images. In
one picture, her legs were spread apart."