Is this a Felony?

[Nepa]

Cut these kids a break!!!!

The password 50trexler, was printed on the back of each computer. 50 Trexler is part of the schools address. At least one student figured it out and passed it along until ~ 80 – 100 of the students had access to it. One of the students learned how to merge the users in a way that gave him administrative access without the need for the password. Another learned that almost any blocked program could be run as a protocol helper through the internet browser.

Good students are curious in their areas of interest and the students learned how to reconfigure their laptops. They learned how to download programs and music from the internet. They learned how to download programs that allowed them to chat with their friends. They learned a lot. And, a few kids gained access to inappropriate imagery.

Now all along the computer department was monitoring for these infractions and dozens of students were reprimanded and punished for their curiosity. Detentions and in-school suspensions were handed to kids by their homeroom teachers, often with no face-to-face with the disciplinarians. This was hardly a deterrent, though, as the kids were able to take their laptops and play video games during their “punishment.”

And it was predictable. Other school districts faced similar problems. Angela Haupt reporting for the Reading Eagle on September 21, 2004 wrote about the situation at a high school in Niagra Falls. "Almost everyone in my school downloaded games like Snood, or music videos, and easy instant messengers like Trillian," said Steffany. "The school put up a block system, but a lot of kids found ways to get past the restricted sites. That is why some teachers frown upon laptops in class as being distracting."

Unfortunately our program did not allow for the temporary suspension of computer privileges. Some kids who had trouble resisting temptation tried to turn in their laptops and were forced by the administration to take them back. And the administration still seems to prefer the option of felony charges, and intimidation over the simple withdrawal of computer privileges.

Some laptops were temporarily confiscated for long enough to have them cleansed and returned to their original configuration with a new password. Yet the laptops were still not secure. On several occasions the laptops were returned with the old password still intact. And then the kids learned how to turn off and or limit the administration’s ability to spy on what they were doing on their laptops.

At this point in the middle of the year many of the laptops could still be reconfigured with the old “public” password. For some students the computer department had changed their password and these kids were no longer able to control their laptops like their friends did. This set up a competitive situation where the kids who no longer had access to the password were motivated by the circumstances to find the new password. And the new password was not secure either.

The kids deduced, that in order for their laptop to recognize a password, it must be stored on their laptop. The password file was quickly discovered. Almost all passwords are encrypted. And, it didn’t take long for them to find a program on the internet that would interpret the password.

The administration was embarrassed and they would not admit that their failure to secure the passwords was the root cause of most of these problems. Was it a bad batch of kids? They had threatened and punished some of the children who had curiously continued to learn and explore. But obviously they hadn’t used a big enough stick. They would have to bring in the Police Department, the District Attorney, and involve the courts. They would have order!

Dozens of children were brought to the office for questioning. Some were threatened with felony charges if they did not tell all. At no time were they informed that their answers might be used against them in a court of law. They couldn’t know that some of them were to be dragged under the bus as examples in order to intimidate the rest of the children. If all the children who had the use of the passwords were charged it might include the children of teachers and administrators.

And the public outcry might jeopardize the whole program.

In a slip-up to this reporter it was revealed that 13 kids had been targeted. The administration explained to some kids and parents that the downloading of inappropriate imagery was the equivalent of “vandalizing a schoolroom” or “tearing pages out of a textbook.” The kids saw this as a ridiculous and laughable analogy.
<font color="red">
And so, some in the administration, worked to build a felony case against these kids. Records were selectively prepared and provided to the Police Department and, without any investigation, the Police Department proceeded to file charges with Juvenile Court.
On Tuesday, May 31st, just before finals, the Kutztown Police Department notified the parents of 13 high school students that their children were being charged with the crime of Computer Trespass. This offense is graded by the state as a felony of the 3rd degree. Most of the parents were shocked and outraged that the administration had never contacted or consulted with them about the need to modify their kids behavior. And, this wasn't anywhere even close to the punishment that had been talked about when the program was introduced. In a Reading Eagle article date November 2, 2004, it was reported that the principal Eric Erb had warned a classroom about not going to Web sites for entertainment and about taking care of the computers - mentioning an hour of detention if those directions were not met.

The administration takes no responsibility for losing control, although they are planning security configuration changes for next year. It seems they expect a free pass for their mistakes. </font>

[tubalkain]

Of course it's not the administration's fault... they gave the kids orders and the kids deserve every bit of punishment they get for disobeying. Discipline is severely neglected in schools these days. Those kids didn't get enough. In addition to the life-ruining felony charges that should bring a lot of prison time, the school should've revoked all of the kids' educational credits, all the way back to kindergarten, and expelled them so that they'd never get diplomas or GED's. Maybe a life of sub-minimum-wage unskilled labor would teach them a lesson or two.

[shadow29]

Doubt that their testimony is admissible.

Doubt that they get convicted w/o the testimony.

[Nepa]

[TeeEffDee]

Give the kids a hug. That's what they really need. Then hang them right outside the school. Next year's batch will think twice before stepping out of line.

[sumdumguy]

The morons deserve to be hanged!

Curiosity, exploration, challenge and experimentation is a child's duty. Take that away and the next generation will be nothing more than dull carbon based robots.

Total incompetence, dereliction of duty, gross negligence, malfeasance.. if these aren't felonies, they should be.

[LesWormMurphy]

Their not getting the proper pot odds.

They should clearly fold.

[TomBrooks]

No, it's not a felony, or it shouldn't be at least. That's ridiculous. The School Administration is ridiculous. The applicable laws are ridiculous.

Slapping these kids with a felony would disenfranchise them and tend to embitter them against their community and country, and rightfully so.

[Roland19]

[ QUOTE ]
Their not getting the proper pot odds.

[/ QUOTE ]

Looks like someone here didn't spend enough time in school.

[ChromePony]

They write the password on the back of the computer and then charge kids with felonies for 'hacking'?? This is pretty silly, yeah they could suspend them for improper use or something but I sure dont see much of a crime here.