LoJack for Laptops company over naked webcam images used as ‘evidence’

Susan Clements-Jeffrey, who is in her 50s, has sued Absolute Software over naked webcam photos that had been taken of her via their software. According court documents, in 2008 Clements-Jeffrey, who is a Springfield-based substitute schoolteacher, purchased a used laptop for $60 from one of her students. He said he had a new computer and didn't need it any longer.
What she didn't know was that the laptop had originally been purchased by Ohio's Clark County School District, which had installed Vancouver-based Absolute Software's LoJack for Laptops theft-recovery software on it.
At the time, Clements-Jeffrey, a widow in her 50s, had renewed a high school romance with a man living in Boston, Carlton "Butch" Smith, and the pair were sending sexually explicit webcam photos to each other.
The next time the laptop was online, the service would reveal its IP address to Absolute. As part of the service, LoJack for Laptops allows Absolute's theft recovery officers to gain remote access to the laptop, even take screenshots of it.
Kyle Magnus was Absolute's theft recovery officer assigned to the case. In June of 2008, Absolute was able to locate the computer's IP address and, using that, its location.
Of course, Clements-Jeffrey believed she had legally purchased the laptop. In addition, the lawsuit centers around three snapshots of Clements-Jeffrey, taken during a webcam sex-chat with a man she had known from high school, Carlton Smith, who lives in Boston, Massachusetts. Clements-Jeffrey is widowed, and the pair had been sending sexually explicit webcam photos to each other, as part of the online romance.
When police arrived at her doorstep, they waved a package that they have been given by Absolute Software in front of Clements-Jeffrey's face. Among the images were the sex-chat images. Police arrested her for possession of stolen property.
In March of 2009, Clements-Jeffrey and Smith filed a lawsuit against the police officers, the City of Springfield, and also against Absolute Software. The suit accuses Magnus of intentionally invading the couple's privacy.
Richard Rosenberg, a retired UBC computer science professor and president of the B.C. Freedom of Information and Privacy Association, said that using a webcam to spy on someone, even in terms of recovering a stolen laptop, is going too far. "To keep track of the woman, to look at her ... seems irrelevant to the primary responsibility."
The primary responsibility of LoJack for Laptops would be to recover the laptop. Once the device's location has been found, it seems there is little reason to take images of the "culprit."
The incident can also be a cautionary tale, and in more than one way. A laptop for $60 is obviously a deal too good to be true, unless it was an extremely old laptop which, since the district was eager to recover it, it was probably not.
Additionally, if we had obtained such a laptop, we would have re-imaged it with a fresh OS install. That would have been done not just for our safety (eliminating the possibility of malware, etc.) but also for the privacy of the seller.
Absolute's motion for summary judgment has been dismissed by Judge Walter Herbert Rice. The lawsuit will continue in U.S. District Court.



Recent Comments