Teacher Allowed to Sue Software Co. for Sending Her Explicit Photos to Cops

http://ow.ly/6iBIJ

Article by Debra Cassens Weiss, appearing on The ABA Journal Law News Now website.

This article discusses a case where allegations are made that the Electronic Communications Privacy Act and the Stored Communications Act were both violated.

The situation describes an investigation of a stolen laptop that was equipped with a type of LoJack software for computers, which gave the defendant, a software company, the ability to remotely access the computer.  The computer was sold to a female teacher by a student, whom said he was getting a new laptop and no longer needed it.  The computer was then used by the teacher to communicate with her boyfriend, and the communications included three photos of the teacher in the nude.

The defendant software company accessed the computer, and provided the content to the police to assist with the investigation.  The plaintiff has filed an invasion of privacy claim, alleging the software company violated Federal Law by turning the explicit photos over to the police.  The case has survived a summary judgement motion to dismiss, and the outcome of this case will help clarify what protection, if any, that an entity that is not a public law enforcement agency has when it comes to voluntarily turning over electronically stored information to the police.

There is also a Fourth Amendment case proceeding against the law enforcement agency involved, for conducting a search of the plaintiff's premises with no warrant.