Both sides agree to delay in L. Merion computer case

The parents of the high school sophomore captured on a school laptop's Web cam have agreed to a delay in their legal fight against the Lower Merion School District, signaling a possible quick settlement of the dispute.

Lawyers for the school and the family yesterday agreed to freeze the case for 30 days while computer experts from both sides determine how often the school used the remote tracking software, and how many students were photographed.

"The parties are hopeful that this information will enable an expeditious and cost-effective resolution of this action," said the order, signed yesterday by U.S. District Judge Jan E. DuBois.

The order also makes it easier for school officials to make statements about the case, and to update the software on the school-issued Apple laptops.

"The goal is to reach an outcome that benefits the families and taxpayers of Lower Merion," said school spokesman Douglas Young.

Mark S. Haltzman, attorney for 15-year-old Blake Robbins and his parents, said the family's goal was only to find out how many times the district used the software and to put in new safeguards. "After that, we'll be able to work with the school district [on] a resolution that makes sense," he said. "The Robbins family, like everybody else, is concerned. They don't want the school district wasting money in litigation when it's not necessary."

The Robbins family filed suit last month, saying the school violated the boy's privacy by triggering remote tracking software to snap his picture and capture an image of his computer screen.

The school's technical staff turned over the images to the administration. An assistant principal confronted Blake Robbins in November, in part because of an image of him holding something that looked like pills, according to the family. The teenager said it was candy.

District officials maintain they turned on the software not to spy on him, but because Robbins was taking home a laptop without paying the required $55 insurance fee.

After the suit, the district said it had turned on the software 42 times this school year, but only to find lost or stolen laptops. It said it recovered 18.

School officials promised to quit using the theft-tracking feature and acknowledged that they made a mistake when they failed to put students and parents on notice about it.

Since then, the district has hired the law firm of Ballard Spahr and the computer-forensics firm L3 to conduct an internal investigation. Meanwhile, the two technical employees authorized to turn on the software have been placed on paid leave, though the district says there is no sign they did anything wrong.

Haltzman said the district had agreed to share the results of the computer analysis with him and his computer forensic expert, Vestige Ltd.

Henry E. Hockeimer, a Ballard lawyer heading the investigation, said the order spoke for itself and declined further comment.

The FBI and the Montgomery County District Attorney's Office also are investigating.

The lawsuit has proven unpopular among some parents in the Main Line district, who were unhappy about the prospect of big legal expenses and a costly settlement.

"It's a great first step that they're stopping the bleeding anyway," said Michael J. Boni, a lawyer and Lower Merion resident who helped to organize a group of parents who were considering opposing the suit.

"It can only be good news," Boni said. "I have to think the hue and cry of the community against this might have something to do with this."

Originally, the school district was supposed to respond to the lawsuit by March 25; yesterday's order pushed that to April 26.

Last month, after a hearing before DuBois, lawyers on both sides agreed that school district officials could not talk to parents or students about the case unless the Robbins family approved it, with six hours' notice. Yesterday's order allows the district to make statements about the laptop issue.

Haltzman said school officials were mischaracterizing that provision as a "gag order" because they didn't want to talk about the case. He said they should be able to answer public questions about their use of the software.

If the suit goes forward as a class action, the Robbins family attorneys would have to make a case that the tracking program damaged other students and parents, not just Blake Robbins.

Haltzman said the Robbins family and people upset about the suit share the same goal.

"We said from the beginning, if you would cooperate with us and give us everything and prove to us there's not rampant use of this, we could quickly put this matter to bed," he said.