L. Merion won't block feds in Web-cam case

One investigation into the Lower Merion School District's laptop fiasco is done.

But as the district tries to move on, another probe churns.

Lawyers for the district, some Lower Merion parents, and the Harriton High School sophomore whose lawsuit spotlighted the school system's use of Web-camera monitoring said Wednesday that they wouldn't try to block federal agents from poring over thousands of images secretly captured from students' computers.

The development came as a federal judge prepared to permanently bar the district from using Web-cam monitoring and as Superintendent Christopher McGinley announced plans to meet with students, overhaul technology policies, and take other steps to repair the district's tattered image.

"We are committed to moving forward and restoring the community's trust," McGinley wrote in a letter to the suburban community.

He referred to a report released Monday by district lawyers that blamed poor planning and lax oversight for the tracking system, which secretly captured tens of thousands of photos and screen images from high school students' laptops.

The 69-page report laid much blame on the district's technology staff, but said investigators had found no proof of intentional spying.

Henry E. Hockeimer Jr., the former federal prosecutor who led the investigation, said Wednesday that he had forwarded a copy to the U.S. Attorney's Office.

Hockeimer declined to discuss conversations he or his staff have had with federal agents, other than to say: "We have cooperated with their investigation, and we will continue to cooperate."

The possibility that the Web cams were used to spy on or illegally record students - a potential violation of federal wiretap laws - drew the federal authorities into the case. Sources familiar with their moves have said FBI agents subpoenaed district records and interviewed a few employees.

Representatives for the FBI and U.S. Attorney's Office declined to comment Wednesday.

The investigation slowed last month when U.S. District Judge Jan E. DuBois ruled that only students whose laptops were monitored, their parents, or lawyers should be allowed to see the Web-cam photos or screen shots. In an April 23 letter, acting U.S. Attorney Michael Levy told DuBois that the order "interferes with the government's investigation" and asked him to alter it.

The issue of who should see the photos - and what they can do with them - has been one of the most delicate to emerge since Harriton sophomore Blake Robbins sued in February, accusing the district of using its laptop tracking to spy on students.

In replies filed in court this week, lawyers for the district and the Robbinses told the judge that they did not oppose letting agents see the evidence.

Mark Haltzman, the lawyer for Robbins and his parents, said they had no objection because they didn't believe the photos of Robbins were incriminating. But Haltzman's letter said he was worried about other students.

"Since the government has not agreed to immunize all students and their parents from prosecution for criminality that could possibly be depicted in the data . . . there is concern that the government will target or, worse, prosecute students and parents based on the illegally obtained evidence," his letter said.

The American Civil Liberties Union, which has sought to enter the case on behalf of an unnamed Lower Merion family, also raised concerns about the dissemination of the images, said Mary Catherine Roper, an ACLU attorney.

Roper said they were unlikely to win that battle with prosecutors. "The government has very broad subpoena powers," she said.

Lawyer Steven Shapiro, who represents a group of Lower Merion parents that initially sought the protective order, said he trusted the prosecutors wouldn't share or misuse the images.

"We have no reasons to suspect that they won't be mindful of how these documents came to be," he said.

Meanwhile, the attorneys have asked the judge to make permanent his temporary injunction that bans the district from monitoring laptops through Web cams or screenshots. Their proposed order also dictates that all of the captured images to date be destroyed, and requires school officials to plainly disclose how and when they will track missing equipment in the future. The judge has not ruled on that request.

McGinley's memo to parents and students sounded many of the same notes.

The superintendent said school officials planned to meet with students at Harriton and Lower Merion High Schools over the next two weeks to discuss concerns and field questions about the Web-cam monitoring.

He also said the district planned to expand its technology advisory council - composed of students, educators, parents, administrators, and others - and to hire a consultant to review and improve the district's technology and privacy policies.

"We are sorry that a vitally important instructional program was not handled appropriately," his letter said. "I am determined to address the technical issues as well as to improve the management and leadership of the school district."