Recipient of Stolen Laptop Able to Sue Absolute Software for Capturing Nude Photos
Recipient of Stolen Laptop Able to Sue Absolute Software for Capturing Nude Photos
Posted 08/31/2011 at 8:03am
| by Paul Lilly
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Absolute Software, maker of LoJack for Laptops and other theft tracking technology, found itself on the losing end of a court case after recording sexually driven chats and nude webcam exchanges from a stolen laptop, Wired.com reports. The explicit images were handed over to local police and were used in conjunction with the laptops IP address to locate the couple in possession of the laptop.
Susan Clements-Jeffrey, a 52-year-old widow and longtime substitute teacher, purchased the laptop from a student who told her it was a gift from his aunt and uncle, but was no longer needed since he received a new one. But it wasn't a gift and was instead stolen from the Clark County School District, which purchased and installed LoJack for Laptops.
Once the laptop was reported stolen, Absolute Software started tracking it and recorded its IP address when Clements-Jeffrey hopped online to reconnect with her high-school sweetheart, Carlton Smith. Sexually charged emails, IMs, and webcam sessions passed back and forth between the two. Normally Absolute Software would capture and send the IP address to local law enforcement and let them handle the rest, but in this case, Absolute's theft office Kyle Magnus decided to intercept communication between Clements-Jeffrey and Smith. That information was forwarded to local police, and in court documents, Clements-Jeffrey claims the arresting officer "laughed at her, called her stupid, and told her that she should have known better than to do that kind of stuff on the webcam." The berating allegedly continued.
"It is one thing to cause a stolen computer to report its IP address or its geographical location in an effort to track it down,," U.S. District Judge Walter Rice wrote in his decision. "It is something entirely different to violate federal wiretapping laws by intercepting the electronic communications of the person using the stolen laptop."
The stolen laptop charges against Clements-Jeffrey were dismissed a week after her arrest. Absolute Software had sought a Motion for Summary Judgement, but was denied by the judge, paving the way for the couple to sue the firm.
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Typo91
September 01, 2011 at 10:10am
Maybe the thief didn't care, or know, but you'd think nowadays that kind of software would be common knowledge.
I mean if I was going to 5-finger a laptop, I would re-partition/install the OS.Just saying...
oh yea, and just my 2 cents, that poor lady still has a right to her privacy. This embarasment could have cost her job. That company didn't have to forward the content itself, especally due to its nature. They deserve what I hope is comming to them for making that choice.
CaptainFabulous
August 31, 2011 at 10:37am
Remeber, just because the court is allowing the suit to proceed doesn't necessarily mean they're going to win.
Phrish
August 31, 2011 at 9:20am
I would argue that viewing communications conducted on that laptop isn't violating federal wiretapping laws. Keeping logs on my own computer system isn't wiretapping myself, since it's my own personal communication. If my own system got stolen and I used logs to identify the system's location, that's my perrogative, my software, my backup files, my countermeasures. I would argue that there is no expectation of a private communication using someone else's computer.
The issue might be that she purchased a stolen computer not knowing it was stolen and therefore had the expectation that it was her system and her communication lines. While technically not true, she didn't break any laws.
Sounds like a very gray area to me.
win7fanboi
August 31, 2011 at 10:08am
nothing grey about it... if courts go by what you think what is to stop you from selling your 3000$ mac book pro (sorry you seem to me like a mac guy :)) for 300$ on craigslist and then claim it was stolen. Then use your spy programs to spy on the person in efforts to recover your property.
It can get even uglier if you open that door. Kids are not going to ask twice if you sell them a 1000$ laptop for 100$. According to you it should be legal to watch underage kids since they are using your property.
Think first, type later.
Carlidan
August 31, 2011 at 11:31pm
You know that the laptop was stolen and the person who owned the laptop installed the spyware program just in case if it was stolen, he could recover his computer. It's his right to install it and use it as he sees fit. Now just because the theif sold it to unexpected buyer doesn't mean it's the fault of the original owner/company of the spyware fault for what had happen to the lady. Please explain your logic as to you think it's their fault.
Even your example doesn't cut muster. Sorry. Just using kids for your arguement still doesn' sway me.
thetechchild
August 31, 2011 at 5:44pm
I definitely agree here, although maybe not due to the same reasoning.
The difference here is that though the person in possession of the stolen laptop might be unaware that the laptop is stolen property, whoever is spying on the usage of the laptop is *knowingly* breaking the law. Also, it is reasonable for somebody tracking the laptop to be aware of the possibility that the thief already sold the laptop off; it is not quite as reasonable to expect your average consumer to consider the possibility that a cheap buy (which is very common) is stolen property (relatively uncommon).
There is no gray area. As soon as that property is out of your hands, even the "thief" has certain rights you can't violate. There are wiretapping laws that you have to abide by, no matter your suspicions; if you believe you have substantial evidence, you have to alert the police immediately.
lostcause64
August 31, 2011 at 9:08am
Personally, I like what Absolute tried to do. Anything to abuse or embarrass a thief is fair game in my book. Unfortunately, they got someone else instead of the oxygen wasting thief...
iheartpcs
August 31, 2011 at 8:34am
Wouldn't a laptop that belonged to a school board have all kinds of identifying stickers and files/programs? Shouldn't a teacher be able to recognize this? The womans character is questionable. So is Absolute Softwares. lol
TerribleToaster
August 31, 2011 at 8:55am
Assuming the kid who stole the laptop is not brain dead, those identifying stickers that mark it as school property would have been removed. Even if there was glue residue left over, since she was getting what she thought was a used laptop, it wouldn't seem all that odd. We really don't know enough about this woman or the kid who sold her the laptop to form any valid opinions on how morally irresponsible/responsible she is or question her intelligence.
We only know enough, from what was written here, to know that Absolute Software went way beyond what is considered legal or socially acceptable; however, we don't know what their justifcation is (or if they provided any).
compro01
September 01, 2011 at 7:02am
So buying a broken laptop for cheap and having it repaired is "asking for it"?
TerribleToaster
September 01, 2011 at 8:28am
1. The laptop was never broken or repaired. I don't even know where you got that from.
2. My comment was directed at Absolute Software, which is why it said "They" and not "She". And they were asking for it by going way beyond what was necessary in order to get the laptop back by actively trying to embarrass a person. It wouldn't have matter if she was the thief or not, what they did was unnecessary.
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