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-   -   Bullied special-ed student charged with wire-tapping (https://www.revscene.net/forums/694464-bullied-special-ed-student-charged-wire-tapping.html)

underscore 04-16-2014 02:26 PM

Hold on a moment, since when is a school a private setting?

Yodamaster 04-16-2014 02:30 PM

Quote:

Originally Posted by underscore (Post 8456634)
Hold on a moment, since when is a school a private setting?

It's not supposed to be, students are expected to adhere to school board rules, but (at least here) a public school is just that, public. I've seen plenty of students take photos and videos on school property without being told not to.

Presto 04-16-2014 02:36 PM

Not sure, but if it's like any typical US High School, they would have their own security cameras, and have signs that'll state you're being recorded. If that's the case, there shouldn't be a problem with the ipad recording.

Also, what kind of show are the people in charge trying to run? The DA can't even get hold of his employee:
Quote:

Today, Mike Manko, a spokesman for the district attorney's office, said his office is not involved in the issuance of summary counts, but takes on the case at the appellate level in Common Pleas Court. The citation against Christian will be withdrawn at the April 29 hearing, he said..

"No one who is authorized to give advice on wiretap or school violation issues was contacted in our office by the school district or South Fayette police," Mr. Manko said. "Multiple attempts to contact the officer who wrote the citation have been made."

freakshow 04-16-2014 02:41 PM

I always thought the only requirement for recording people is that the recording had to have been done by one of the people in the conversation

underscore 04-16-2014 02:51 PM

^ depends on the jurisdiction.

CRS 04-16-2014 03:28 PM

Quote:

Originally Posted by freakshow (Post 8456643)
I always thought the only requirement for recording people is that the recording had to have been done by one of the people in the conversation

American law =/= Canadian law

finbar 04-16-2014 09:02 PM

It's a question of reasonable expectation of privacy.
The charter speaks to this.

Yodamaster 04-16-2014 09:28 PM

Quote:

Originally Posted by finbar (Post 8456910)
It's a question of reasonable expectation of privacy.
The charter speaks to this.

Is it legal to record a private conversation? Wiretapping and the one party consent exception to the rule against interception | LegalTree.ca

Bullying and Cyberbullying - Royal Canadian Mounted Police


It is considered illegal to record a private conversation unless you are an active part of it, and it is also "illegal" to bully or harass others. Considering that the conversations being held were loud enough to record, and were directed at the victim, I would wager that it would be considered a conversation in which the victim is directly involved.

This kind of situation is therefore a gray area, it's up to a judge to decide whether the recording was warranted. If I had the power, I would amend the law to allow recording of harassment and/or bullying for the purpose of being presented as proof. Obviously in this case, the court's verdict aligns with my view of the situation, thrown out.

iEatClams 04-16-2014 09:36 PM

Quote:

Originally Posted by SpeedStars (Post 8456023)
Was bullied in elementary school. Ended up with a fractured wrist. Know what the principal and VP said after having a sit down with me and my parents? They said boys will be boys. Know what I did? Fucked that kid up when I got back to school. Want to know what happened? Nothing at all. No detention. That was the day I found out shit works both ways

i did the same thing, guy was bullying me, I beat him up pretty badly where he it fucked up his eye and he had to wear an eye patch. I ended up having the police at my house and talk to my parents and I got suspended. it was a matter of he said/he said.

this guy was bullying me for months, i finally stand up for myself and I get the worst end of the straw. It was worth the suspension but not worth going to this anger management thing that they forced me to do.

Traum 04-19-2014 01:48 PM

^^ Did anything (disciplinary or investigation type of stuff) happen to the bully kid you beat up? At a minimum, I'm sure nobody at school dared to mess with you anymore.

But I'd have to say -- the eye thing seems a bit extreme. Still, when you are a kid and you have been under the pressure of all this bully, his eye's well being is probably the last of your concerns.


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