U.S. Schools are Buying Phone-Hacking Tech That the FBI Uses to Investigate Terrorists (gizmodo.com) 115
Pig Hogger (Slashdot reader #10,379) writes:
Everywhere, every day, thousands of phones are plugged-into forensic tools that will pull out everything a phone has to offer an investigator. The thing is, investigators are not always working for police departments, but for school districts, who have been increasinly buying various phone hacking tools.
Gizmodo writes: Public documents reviewed by Gizmodo indicate that school districts have been quietly purchasing these surveillance tools of their own for years... Known as mobile device forensic tools (MDFTs), this type of tech is able to siphon text messages, photos, and application data from student's devices. Together, the districts encompass hundreds of schools, potentially exposing hundreds of thousands of students to invasive cell phone searches.
While companies like Cellebrite have partnered with federal and local police for years, that the controversial equipment is also available for school district employees to search students' personal devices has gone relatively unnoticed — and serves as a frightening reminder of how technology originally developed for use by the military or intelligence services, ranging from blast-armored trucks designed for use in war zones to invasive surveillance tools, keeps trickling down to domestic police and even the institutions where our kids go to learn. "Cellebrites and Stingrays started out in the provenance of the U.S. military or federal law enforcement, and then made their way into state and local law enforcement, and also eventually make their way into the hands of criminals or petty tyrants like school administrators," Cooper Quentin, senior staff technologist at the Electronic Frontier Foundation, said in a video interview. "This is the inevitable trajectory of any sort of surveillance technology or any sort of weapon...."
Gizmodo analyzed a random sample of 5,000 public school or school district websites across the United States and found that eight district websites mention Cellebrite or another MDFT technology. Because our sample is a relatively small portion of the total number of high schools in the United States — and the ones that stood out did so because they published the purchases as line items in public budget reports — many other school districts may have access to this technology. The Los Angeles Unified School District, the second-largest school district in the country with over 630,000 students enrolled in over 1,000 institutions in the 2018-2019 school year, has a Cellebrite device it says is used by a team that investigates complaints of employee misconduct against students...
Ultimately, Gizmodo's investigation turned up more questions than answers about why school districts have sought these devices and how they use them. Who is subject to these searches, and who is carrying them out? How many students have had their devices searched and what were the circumstances? Were students or their parents ever asked to give any kind of meaningful consent, or even notified of the phone searches in the first place? What is done with the data afterward? Can officials retain it for use in future investigations?
Most of the school districts did not respond to our inquiries.
Gizmodo writes: Public documents reviewed by Gizmodo indicate that school districts have been quietly purchasing these surveillance tools of their own for years... Known as mobile device forensic tools (MDFTs), this type of tech is able to siphon text messages, photos, and application data from student's devices. Together, the districts encompass hundreds of schools, potentially exposing hundreds of thousands of students to invasive cell phone searches.
While companies like Cellebrite have partnered with federal and local police for years, that the controversial equipment is also available for school district employees to search students' personal devices has gone relatively unnoticed — and serves as a frightening reminder of how technology originally developed for use by the military or intelligence services, ranging from blast-armored trucks designed for use in war zones to invasive surveillance tools, keeps trickling down to domestic police and even the institutions where our kids go to learn. "Cellebrites and Stingrays started out in the provenance of the U.S. military or federal law enforcement, and then made their way into state and local law enforcement, and also eventually make their way into the hands of criminals or petty tyrants like school administrators," Cooper Quentin, senior staff technologist at the Electronic Frontier Foundation, said in a video interview. "This is the inevitable trajectory of any sort of surveillance technology or any sort of weapon...."
Gizmodo analyzed a random sample of 5,000 public school or school district websites across the United States and found that eight district websites mention Cellebrite or another MDFT technology. Because our sample is a relatively small portion of the total number of high schools in the United States — and the ones that stood out did so because they published the purchases as line items in public budget reports — many other school districts may have access to this technology. The Los Angeles Unified School District, the second-largest school district in the country with over 630,000 students enrolled in over 1,000 institutions in the 2018-2019 school year, has a Cellebrite device it says is used by a team that investigates complaints of employee misconduct against students...
Ultimately, Gizmodo's investigation turned up more questions than answers about why school districts have sought these devices and how they use them. Who is subject to these searches, and who is carrying them out? How many students have had their devices searched and what were the circumstances? Were students or their parents ever asked to give any kind of meaningful consent, or even notified of the phone searches in the first place? What is done with the data afterward? Can officials retain it for use in future investigations?
Most of the school districts did not respond to our inquiries.
Illegal (Score:5, Insightful)
Sounds like a violation of CFAA. Someone should be reporting them to the cops and/or suing.
Re:Illegal (Score:4, Insightful)
Seeing as schools are not law enforcement and don't have a legal right or immunity to hack in or break into devices - it seems like it could be, if they're using the tool to circumvent security to gain access - unless they're solely used on school-owned phones, or if they're obtaining consent from the owner of the phones.. for example: the employee/student/parent gives them access and authorizes this.
Students have diminished 4th amendment rights ... (Score:4, Insightful)
Also keep in mind that it is not necessary for a student to be accused of breaking the law. Violating a school rule seems sufficient.
"In 1985, the U.S. Supreme Court determined that the Fourth Amendment applies to students in the public schools (New Jersey v. T.L.O., 1985). The Court concluded, however, that the school environment requires an easing of the restriction to which searches by public authorities are normally subject. School officials, therefore, do not need probable cause or a warrant to search students. The Court articulated a standard for student searches: reasonable suspicion. Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in scope to the circumstances that justified the search, meaning that the measures used to conduct the search are reasonably related to the objectives of the search and that the search is not excessively intrusive in light of the student's age and sex and the nature of the offense."
http://www.ascd.org/publicatio... [ascd.org]
Re:Students have diminished 4th amendment rights . (Score:4, Interesting)
The 4th isn't the issue, the issue is unauthorized systems access. Being allowed to search isn't the same as being allowed to break federal law in order to facilitate the search.
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The 4th isn't the issue, the issue is unauthorized systems access. Being allowed to search isn't the same as being allowed to break federal law in order to facilitate the search.
Is cracking a phone different than taking bolt cutters to a student's padlock? The latter would seem burglary if you or I did it, however when school administrators do so it seems not to be burglary.
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Actually yes it is. Cracking the phone is a federal crime under the Computer Fraud and Abuse Act (CFAA).
Taking bolt cutters to what is actually the schools lock, to search the schools own property (the locker), is not a federal crime. For that matter, taking bolt cutters to the lock on YOUR storage shed which sits on your property isn't a federal crime. Turning on a computer that sits in it without your consent IS a federal crime.
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Actually yes it is. Cracking the phone is a federal crime under the Computer Fraud and Abuse Act (CFAA).
For a civilian, but for an agent of government? Which a school administrator may be considered in this context.
Plus I am pretty sure the phrase "unauthorized access" or something like it appears in that act. Authorization may exist once a phone is brought on to school grounds, or some due process was followed in deciding to crack the phone. Legally a due process can be an administrative process, not necessarily a judicial process.
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"For a civilian, but for an agent of government?"
Especially for an UNELECTED agent of government. The people are sovereign in this country, not the dark state employed by them.
"Authorization may exist once a phone is brought on to school grounds"
The school could have such a provision and someone then has to decide if it is legal. I happen to think that it is critical for people to be unable to give up certain rights in order to put critical limits on the leverage it is possible for any of us to have over ea
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Students seem to have diminished 4th amendment rights. ....
We have no disagreement that students' 4th amendment rights are reduced regarding searches of their person while on school premises.
That is not the issue. The diminishment of their 4th amendment right does not materialize Authorization to access a computer system that belongs to the student - the mere presence of, for example, a Laptop or Cell phone on your property does not grant you a waiver from the CFAA. The law might give you the pow
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... searches of their person while on school premises. ... Authorization to access a computer system that belongs to the student
I don't think the searches are limited to their person, but all their "things". Bags, papers, lockers, etc. Yes cracking a password is a new and unique step but is it that different, in a legal sense, from taking a bolt cutter to a locker padlock? The laws regarding burglary are not applied to the former.
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but is it that different, in a legal sense, from taking a bolt cutter to a locker padlock? The laws regarding burglary are not applied to the former.
Burglary or forced entry is not a federal law - States can make lots of exemptions to their own laws such as petty burglary but can't move federal law an inch. Schools are not federal authorities in any way, last I check, and cannot exempt themself from a single federal law... unless that law is written with an exception for them.
Also, since the school owns
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Meh... (Score:2)
"By attending this school, you hereby agree to the following terms and conditions..."
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"By attending school, which you are required to do by law, you agree to..."
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1. There will be differences in interpretation of unconscionability, state-to-state, making a legal defence complex and expensive...
2. By the time that a student realizes they need to act,
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under the umbrella legal obligation for children to attend schooling would fall foul of being an "unconscionable contract"
I think the student could likely just Refuse to perform the contract - In other words, even if it says the student should allow the search: the student can decline to do so... refuse to grant authorization.
If the school disagrees, then the onus would be on the school to file a lawsuit against the student for breach of contract and claim some type of damages. They might in theory b
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We're also both rather assuming that a student is going to have t
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We're also both rather assuming that a student is going to have the knowledge and confidence to stand up to an aggressive or persuasive teacher
I think it does not matter if the student hands the phone over: that does not confer authorization under CFAA to access the system itself. Like if a business traveler hands in a laptop at airport security to be searched, and the agents then proceed to hack into the device - that would be a CFAA violation, because there's no authorization from the system owner t
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I'm not sure how it would play out [i.e. in court] but it occurred to me that one possible way to thwart a school trying to inspect a phone used by a student would be for the student to say [obviously truthfully], "This isn't actually my phone. It's my Father's/Mother's phone and they let me bring it to school in case I need to speak with them. Unfortunately, because this isn't my handset and because I've been told not to lend it out or let it out of my sight, I cannot hand it o
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If you would like me to relinquish the phone, you will have to speak to my Father/Mother and get their permission
Oh... I guess for sure they can just take the device from a kid: just like a school has the power to forcibly seize any object from a kid if necessary to provide safety and order to their school, but that's only for physical possession: Not for any right to access or tamper with the device.
Just like if you find a lost iPad on the ground somewhere - it's perfectly okay to pick it up off the gro
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hence the need for school choice laws, charter schools etc.
Sure, as long as those laws aren't used as an end run around separation of church and state to drive tax dollars towards religious schools, or to create de facto segregation.
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"By attending this school, you hereby agree to the following terms and conditions..."
Well, some general contract or agreement that does not name particular systems and devices will not be authorization to access a certain device. It might be Not an enforceable contract term anyways if the student refuses to grant permission - Public schools have to respect students' constitutional rights.. the government cannot restrict public services behind a contract requiring citizens to give up their rights in or
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Oh this won't go over well. Adults do not have permission to do this to children without the consent of their parents. You know what happens then? If the kids have been doing anything, they will get in trouble.
Never mind the excuse about employee misconduct. That's just a weak argument. If an employee is not being investigated by law enforcement for something that is potentially jailtime, then they have no reason to look in their phone to begin with.
The only justification for non-law enforcement to have the
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...The only justification for non-law enforcement to have these tools is to investigate allegations of internal sabotage/spying, eg a high tech company that is building military equipment.
Wonder if you even saw the subtle irony here.
What exactly do you think United States High Schools are doing as they build young minds that eventually end up serving as military equipment...
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Your post is entirely nonsensical... the military enlistment rate is less than 1% of the population, so suggesting that US high schools are "building military equipment" is questionable at best. Also, today's educational climate is "America is teh suck!!111one blah blah worst country every blah blah patriarchy, blah blah critical race theory, blah blah all cops are bastards." That hardly sounds like an environment conductive to what you allege.
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Your post is entirely nonsensical... the military enlistment rate is less than 1% of the population, so suggesting that US high schools are "building military equipment" is questionable at best.
You have failed to understand the fact that one-hundred percent of our American military, is initially educated by the American school system. Therefore, US high schools are in fact building military equipment. They're building the very mind that leads every soldier into battle.
Also, today's educational climate is "America is teh suck!!111one blah blah worst country every blah blah patriarchy, blah blah critical race theory, blah blah all cops are bastards." That hardly sounds like an environment conductive to what you allege.
No, and it doesn't sound like most of America either. It sounds like fringe clickbait, brought to you by Hype and Bullshit. Also known as the media whores selling it.
It's also rather impossible to try and sell America as any sin
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Oh this won't go over well. Adults do not have permission to do this to children without the consent of their parents. You know what happens then? If the kids have been doing anything, they will get in trouble.
I wonder if the schools can use the principle of in loco parentis to argue that the parents (ie, the school itself) has given permission to do this to children, at least during school hours.
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Law enforcement shouldn't have these tools. They should be in the hands of civilian auditors. It is getting to the point where juries should be required to authorize searches as well.
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To clarify juries for not just this kind of search but all warrants. This control needs put back in the hands of the people.
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And said permission can not be a requirement for attendance, not when attendance of school is mandatory. It could reasonably be a requirement for bringing a cell phone to school though.
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However, what if people used this as a loophole to plead the 5th?
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Don't put it above a prosecutor to concider it creation of such, which is also illegal, even if you have no intent to distribute it, and nobody would ever have known but for these searches.
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It can't be illegal if it's a picture you took of yourself on your own device (stored locally)
Ah. About that: https://www.independent.co.uk/... [independent.co.uk]
The true purpose of schools.... (Score:5, Informative)
To create conformance and compliance.
Re:The true purpose of schools.... (Score:5, Informative)
The true purpose of schools.... To create conformance and compliance.
Indeed, this was actually part of the stated mission when the public school system was first being promulgated in the US. It was explicitly intended to instill a common set of values in those it processed, to smooth the administration and organization of them later in life.
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Simpler than that (Score:2)
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Yup, it is sad that there is widespread public support for building "The Wall" bigger, stronger, and better than ever.
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You'll be glad to know the narrative for a very long time has been that (high) schools are supposed to provide job "readiness" training.
Corporate welfare is boundless. There is no difference between this and conformance/compliance, really.
Source: I've worked K12 in an inner city school district for over a decade.
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"The faster a young mind can learn to confirm to the general laws and rules of society, the better off that society will ultimately be."
The problem is that the individual is the sovereign in the United States not the collective and this not better for the autonomy of the individual.
Uh.... (Score:5, Insightful)
Aren't US schools chronically short of money? Maybe buy books instead of Stingrays?
Re:Uh.... (Score:5, Insightful)
Many schools are short on money - others: quite clearly are not, and some schools are insanely over-resourced and seem to have extra millions to
burn. It depends on things like the local property values, tax rates, and how many people are paying those vs the number of students in the public schools in the area.
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They got the stores, we got the parking lot (Score:2)
1-Having schools funded through local property taxes means poor areas get terrible schools.
And local business taxes. A mall was built on land that was part of two school districts. Both district were quite excited, one of them would be mine. When the mall was complete the stores were in the other district's territory. Our district got the parking lot. :-) There was an amusing painting in the administrative office of what our high school and neighboring elementary school were originally supposed to look like. Lets just say what was implemented was a little more modest. Now this is not to say the q
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If only there was some way of spreading that around better.
So it's only the rich kids are getting spied on?
Hehehe (Score:4, Informative)
And we thought going to high school behind the iron curtain was bad. I didn't have my bag checked even once, even after I got "caught" with my notebook of political jokes.
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Growing up in Canada, now and again a fellow student would have to spend a year or whatever down the States going to school and would return with stories about the political indoctrination. Oaf of allegiance, bowing to the flag kind of thing that sounded more like what you'd expect from behind the iron curtain rather then a country that claimed to be the home of the free.
Of course stuff like drug laws, segregation, the choice between Pepsi and Coke (with 7up illegal) when voting said otherwise.
Good Lord. (Score:2)
How else can they punish #WrongThink... (Score:1, Troll)
...like using the wrong pronouns, or refusing to support the latest SJW talking points?
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No. Now what are you going to do?
The police, the military, the national guard, and pretty much the entire armed civilian militia oppose you. So... what exactly is your move if we don't want to move?
Time for some low-tech solutions (Score:5, Interesting)
Students need to start poisoning the data pool, or perhaps even mounting counterattacks against this kind of assault on their privacy.
I can imagine some of the Machiavellian little monsters I went to school with texting each other about a school board official who supposedly attempted to seduce them, then unconvincing denying everything if they were confronted. Or bragging about a little pot they got off an official, and making sure the container they were caught with had his DNA on it.
Kids can be ruthless. This sounds like one of the times they need to be.
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Dystopian schools. (Score:2)
While companies like Cellebrite have partnered with federal and local police for years, that the controversial equipment is also available for school district employees to search students' personal devices has gone relatively unnoticed — and serves as a frightening reminder of how technology originally developed for use by the military or intelligence services, ranging from blast-armored trucks designed for use in war zones to invasive surveillance tools, keeps trickling down to domestic police and even the institutions where our kids go to learn.
Cool. Been awhile since I've been to a school district that was a war zone. Do the teachers wear bullet-resistant vests and carry AK-47s?
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Cool. Been awhile since I've been to a school district that was a war zone. Do the teachers wear bullet-resistant vests and carry AK-47s?
I've seen an overweight sheriff's deputy decked out like a member of Seal Team 6 at a high school football game once, does that count?
If my kid were still school age (Score:2)
And this came up, I'd tell her to text me the moment they demanded access to her phone. I'd be at the school, with a lawyer in tow, in short order.
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Bet no one thought burner phones would be popular with the general public, instead of criminals and terrorists.
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You're 5-10 years too late with that thought.
Kids have had burners for at least that long, if not longer. They use them in school so if they get confiscated they still have their main. And they "go over to Jimmy's house", all leave their phones in a bag there so the GPS shows that they're there, then go off and do what they want.
It just takes a couple of smart kids to figure this shit out, then everyone else copies them.
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A twist on the USB Killer (Score:5, Interesting)
Pull the guts out of a phone, replace it with a high voltage unit akin to the the USB Kill Sticks and watch the entertainment start when they plug their high-dollar hacking device into it >:)
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Pull the guts out of a phone, replace it with a high voltage unit akin to the the USB Kill Sticks and watch the entertainment start when they plug their high-dollar hacking device into it >:)
Destruction of school property with high value? That's certainly one way to earn a felony.
Oh, and if there was a way to separate Don't-Have-Anything-To-Hide from I'm-A-Russian-Asset, you've certainly found it. Sure it might be entertaining for a few seconds, but you'll probably earn a lifetime supply of three-letter agency butt-sniffing.
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You did not plug it they did it.
Yup. And intent matters.
And earning a lifetime supply of three-letter agency butt-sniffing is the definition of a police state like East Germany. Nothing to be proud about.
We're here talking about military-grade spyware being used on our schoolchildren. As if we should be "proud" of any part of this...
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Put a sticker on it: "Danger. Not a phone. Do not connect USB".
That would prove that the owner had done enough to encourage the school's personnel to not connect it.
But do you think the stickers would be followed?
Especially if half the students would have similar stickers on their genuine smartphones?
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It'd be even better if it was a phone sized object in a project case. "My unfinished universal fast charger project"
Hmmm (Score:3)
I look forward to the day when we stop treating students like criminals.
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I look forward to the day when we stop treating students like criminals.
I look forward to the day when I don't have to treat my Insider Threa... er I mean "fellow employee" like a criminal either.
(Let's stop pretending this, is something we outgrow...)
Easy answer.. (Score:2)
''Who is subject to these searches....? ''
No one is subject to any search of private data contained in private property without a warrant unless they grant permission AND are of legal age to grant permission.
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''Who is subject to these searches....? ''
No one is subject to any search of private data contained in private property without a warrant unless they grant permission AND are of legal age to grant permission.
...which is probably explicitly addressed and agreed to by both parents and students, and most likely contained within the Student Handbook, which might as well be called a "EULA" with regards to how many students or parents actually read the fucking thing.
There are always ways around laws. Just ask the lawyer who wrote the Student Handbook...
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That's not how it works.
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No but intent is a thing. If I had a USB drive with CP on it and someone stole it from me, he wouldn't get busted for possession of CP.
the purpose for these tools? (Score:2)
Ostensibly, the purpose of these tools in the hands of school employees would be to uncover .. I guess, behavior that the school deems unacceptable. I was going to say illegal, but that would presumably be taken care of by the police.
So... what are the tools being used for?
Inevitably, there will be cases where unscrupulous school employees use the tools to pull sexting materials from phones, or materials that could be used in blackmail, or information to aid in stalking a student.
In other words, just becau
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If I had to guess, I'd say that the schools are looking for evidence of exam cheating.
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But one would assume that drug trafficking and cyberbullying would be handled by the police, not by school officials. I admit that exam cheating is possibly legitimate.
What are the crime rates like in these schools? (Score:2)
Youth haven't been innocent for a long time. For example high school rifle teams were once commonplace but that idea would be viewed with horror today because modern high-schoolers cannot be trusted not to snipe their peers. It's a social taboo to discuss why because the answers are highly politically incorrect.
Now school shootings are normal because society CHOSE to turn to shit and only the old remember a time when they weren't commonplace.
Self-discipline is unknown so what remains is enforced discipline.
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When was that? Because I remember a bell tower on a college campus that begs to differ.
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When was that? Because I remember a bell tower on a college campus that begs to differ.
Nope. That incident was not commonplace in that era. So the GP's "weren't commonplace" is accurate.
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What era were they not commonplace? When does the GP think they weren't? Imean, obviously before there were schools, but I don't think they're claiming to be well over 100. It's hard to explain why he's dumb unless he clarifies what he was saying.
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What era were they not commonplace?
You specifically mentioned the college bell tower shooting, you do not know what era that took place in?
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I was talking about the one in Austin in '66. Since that's a time when they were commonplace, I was wondering what era you were talking about.
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I was talking about the one in Austin in '66. Since that's a time when they were commonplace, I was wondering what era you were talking about.
They were *not* commonplace in 1966. That shooting is so famous in part because it was such an aberration. If there were shots fired on campus in 1966 it was almost certainly on the school's rifle range and fired by the school's rifle team. My high school was old and we actual had a .22 cal rifle range. It was unused since the 1960s, other than some evenings by the local police department.
Where's the encryption? (Score:3)
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And yet when I want to root my own phone, what used to be a simple operation 10 years ago is now a nightmare of complex command that don't work half the time.
Get a phone from a non-hostile vendor like Moto. They are shit at major version updates (they promise and then don't deliver) but they are decent at security updates and they have an unlockable bootloader on unlocked devices. And the unlock actually works. Yes, it has an email component, yes I think that sucks too. But at least you can unlock them.
My unlocked X4 Android One ed. phone is ticking along nicely with LineageOS, I even get OTAs.
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Warrant? (Score:3)
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Riley V California.
In a 9-0 ruling the Supreme Court decided that police can’t automatically search the contents of a motorist’s cellphone just because they arrest him.
The Court set the Fourth Amendment standard for in-school searches in a 1975 case, New Jersey v. T.L.O.
https://ilr.law.uiowa.edu/prin... [uiowa.edu]
Sadly commonplace (Score:2)
Schools have a great deal of authority to monitor students. The legal principle is "in loco parentis", in the place of a parent, and it gives enormous authority for access to the personal space of the students, to the clothes and property they bring to campus. Access to electronic devices is written into many agreements with schools for permit student devices on their networks, and especially if the devices are provided by the school. Also, even if the hacking is illegal, schools and police with the infomra
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USA schools have cops (Score:2)
Not only do they have extra parental level rights but they often work WITH the in-school police against the rights of the child!
So now an admission to a Dean who likely has training on how to deal with children about wrong doing can be used by the police as evidence against the child. Furthermore, when in the past the idiocy that defines childhood would be handled internally or with the parents enters into the criminal "justice" system.
One or Two sizes fits all in the USA; nuance and complexity do not exis
Get your GED (Score:2)
Phone Makers (Score:2)
Phone makers next to step up their game to protect users data and prevent these spying tools from violating users' privacy.
If I had to guess this is somebody's pockets (Score:2)
But but but... muh rights! (Score:3)
Don't you just love it when the rights of people who scoff at the infringement of other people's rights have their rights infringed upon? Newsflash: The Bill of Rights is not a pick-and-choose system. Nor is it conditional on changes in technology.
Sigh...Yet another thing to warn my kids about (Score:2)
What sucks? My eldest son (6th grade, never in trouble) got a taste earlier this year just how off the rails a school principal can get? He happened to roped