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View Full Version : Help, any Lawyers out there? MsEduKATor's career in Jeopardy



TheEduKATor
11-23-2004, 12:51 PM
Three weeks ago, someone hacked into MsEduKATor's email account and found some pictures of her that she sends out for modeling. She is showing no more skin than she would at Havasu. No nudity, just in a bathing suit, and head shots. The worse one has her elbows covering her breast, implying that she might be nude, but she wasn't. This person has sent these pictures to parents of her students saying stuff like how did this person ever get a teaching job, who hired her. One of her parents approached her and informed her of these pictures being sent to other parents. The parents didn't mind, they know she does spokesmodeling. We've contacted yahoo to track down this person but they legally can't disclose the information and even if they could the information the person used to create their account could be false.
Today, MsEduKATor called me saying the School Distict just called her in because someone sent them pictures. In the email they told the district that these pictures were taken during school hours and her pay should be docked. What a bunch of shit, the pictures were taken during the summer, I know because I took them and created her portfolio. There are many teachers who do modeling and other stuff on the side because the pay sucks so I don't know why the School District is giving her crap about it.
Does anyone know of any legal action we can take with the person who is sending the pictures, before the District ends up docking her pay, putting her on an unpayed leave or worse firing her. Her principal told her to call the police and make a report, but we are not sure of where else to go after that. Are there lawyers or anybody else on here than can send us in the right direction. The best thing would be to somehow find whoever is responsible for the hacking and give him a good old fashion beat down. Thanks in advanced, any help is greatly appreciated.

jdf
11-23-2004, 12:54 PM
kick their butt :umm:

jdogginla
11-23-2004, 12:54 PM
There has to be a way to track the IP address..........

jtmarten
11-23-2004, 12:55 PM
That really SUCKS! I'd file a police report then contact a local computer guru. They can usually trace out things like this.
Best of luck to you in finding the little jackass, and throwing him a nice blanket party!
Jeff

MRS FLYIN VEE
11-23-2004, 12:56 PM
there is a professional hack er on the boards but I can not recall the name.. he may be able to help you if he see's this.. other then that I will ask around for you and try to help anyway we can. :frown:

Squirtin Thunder
11-23-2004, 12:56 PM
What the hell would the school distric do if she possed for Playboy ???? BTW during summer vacation !!! I really don't think they have a leg to stand on, but check out her contract and read every word or implied word. You may contact Jill Mrs CP 19 she has some good info on things.
Jim

Havasu Hangin'
11-23-2004, 12:57 PM
What e-mail account did they get the info from?

Mrs.RoxySnow
11-23-2004, 12:58 PM
Check your pm, I sent you an attorney I've contacted before :)

dicudmore
11-23-2004, 12:58 PM
:mad: :mad: :mad: rotten rat bastards...

Quality Time
11-23-2004, 12:58 PM
Was it her personal (home) account or the schools?

TheEduKATor
11-23-2004, 12:59 PM
One of her co-workers friends works for yahoo, and he did what he could do legally without losing his job. He was able to back track the hackers email account, but he/she had no profile.

Havasu_Dreamin
11-23-2004, 12:59 PM
First off, I would document everything. Assuming you took the pictures with a digital camera the files should be timestamped when you uploaded them to your computer that will indicate when the pictures were taken. Granted, PC clocks can be manipulated, but I would hope the school district would agree with the time stamps. Definitely file a police report. Also, what she does on her own time is her business, not the school districts. If for some reason this does end up leading to her losing her job, then you get an attorney and have them seek a search warrant or whatever the legal term is from the ISP to determine who hacked into her account.
BTW, do you mean they hacked into her account or they logged into her account as if they were her using the right username and passowrd? If they did the latter I'm not sure they could tell who actually did it as it would appear it WAS her. What they might be able to do is determine what computer the account was accessed from based on the IP address and that may then reduce the list of suspected culprits. Hope this helps.

TheEduKATor
11-23-2004, 01:01 PM
It was her own personal email account, not the school district's email account that they give us.

Essex502
11-23-2004, 01:03 PM
Something like this happened a few years ago with one of my employees at the time. Spoofed email from a hacked account was sent to certain people that said truly nasty stuff. The internet provider at the time - UUNet - said that they keep the tape logs for their servers for 48 hours and had we contacted them earlier they could have tracked the I.P address of the sender of the email as it has to bounce through several servers. The headers of any email give the entire path from the sender to the recipient. Some email programs such as Outlook or Eudora have settings to show all of the paths the email took. You might try to get a copy of an email that was sent to one of the parents (who wants to help) forwarded to you and expand the header and see how it got to you. Next, contact a good lawyer and see if they're willing to take the case to sue the focker who did this.
On the rational side...unless the parents want to testify before the school board, I would have to think the board would ignore anonymous complaints that have no basis in fact. They could be subject to a lawsuit if this isn't handled correctly. I'm no lawyer but I kind know a little about employment law and before the board can act they would have to have substantiation of the allegations. Not anonymous B.S.

TheEduKATor
11-23-2004, 01:04 PM
They hacked into her account, saved the pictures and sent them from their own personal email account not hers.

Havasu_Dreamin
11-23-2004, 01:06 PM
They hacked into her account, saved the pictures and sent them from their own personal email account not hers.
If that's the case then it should be fairly easy to determine who sent the pictures.

Havasu Hangin'
11-23-2004, 01:06 PM
It was her own personal email account, not the school district's email account that they give us.
If that's the case, then she owns the content. If she sent it on the school districts server, then it is not private- they own it.
Sounds like harrassment- law enforcement may be able to get the info with a subpoena...but I'm not sure on the procedure.
MsEduKATor should let the union know what is going on...I believe they have legal representation on staff.

TheEduKATor
11-23-2004, 01:13 PM
The district informed her that they want proof the pictures were taken during the summer. I'll have to check my camera when I get home to see if a date stamp was put on the picture.
One parent did give her a copy of the email, and fowarded a copy of the email to her and this is what the yahoo worker used, but found no name on the email accounts profile. I know there has to be a way to trace it back.

gmocnik
11-23-2004, 01:13 PM
for the record...i hate unions....
however, since i am sure she is paying monthly extortion to the teachers union, she should utilize the "assets" of that affiliation and the protection that they should be able to provide.
don't underestimate the power of a single wacko parent (or jealous co-worker) to influence your wifes teaching career.
districts get real squirrely (sp) when it comes to the perception of their teachers (fallout from idiots like mary kay laterno). it happens all the time....long beach teacher let go because someone saw her dance at a club...
good luck..

Ziggy
11-23-2004, 01:17 PM
Its obviously someone who knows her and where she works---look at the ones closest to you that may have a gripe or jealousy towards her :frown:

Havasu_Dreamin
11-23-2004, 01:17 PM
The district informed her that they want proof the pictures were taken during the summer. I'll have to check my camera when I get home to see if a date stamp was put on the picture.
One parent did give her a copy of the email, and fowarded a copy of the email to her and this is what the yahoo worker used, but found no name on the email accounts profile. I know there has to be a way to trace it back.
If the pictures are still on the camera when you transfer them to your computer it should list the original date the picture, actually it's a file, was taken/created.
WTF does it matter if they were taken in the summer or not? If it's on her time they can go phuck off! HH is right, contact the union and make them aware of the situation as I'm sure they would be real intersted in the school district trying to cause problems over something a teacher did on her own time. Especially when it is just pictures being taken, not like she is out molesting her students or earning dollars at the Brass Pole. :D

Essex502
11-23-2004, 01:17 PM
The district informed her that they want proof the pictures were taken during the summer. I'll have to check my camera when I get home to see if a date stamp was put on the picture.
One parent did give her a copy of the email, and fowarded a copy of the email to her and this is what the yahoo worker used, but found no name on the email accounts profile. I know there has to be a way to trace it back.
That sounds like it flys in the face of innocent until proven guilty. I'd stonewall them and have a lawyer represent her before the board to require the board to prove that the photos were taken during the school year...and...why couldn't they have been taken on a weekend?

Havasu Hangin'
11-23-2004, 01:17 PM
The district informed her that they want proof the pictures were taken during the summer. I'll have to check my camera when I get home to see if a date stamp was put on the picture.
One parent did give her a copy of the email, and fowarded a copy of the email to her and this is what the yahoo worker used, but found no name on the email accounts profile. I know there has to be a way to trace it back.
Contact the Teacher's Union. I would bet $1 that the union lawyers will tell you that you don't need to supply any proof to the district of when the pictures were taken.
Is she tenured?

TheEduKATor
11-23-2004, 01:23 PM
We've both been teaching for 5 years, and received tenure after 3 full years of teaching.

redi4fun
11-23-2004, 01:23 PM
Edukator,
First off let me say I am sorry your little women has to go through all this.
Second, I would get all the pictures in question together and establish when they were taken and where. Lastly I would say that if the pictures where taken on her own time and not on the schools time then what is the big deal?
I know there are a few parents that will hoot and holla, but f*** them. She did nothing that would prevent her from being a good teacher. I would have her submit a letter to the district as well as her principal explaining that the photos STOLEN from her e-mail were intended to be used to obtain modeling jobs only and that are being distributed throughtout the internet without her consent. If after all that the district decides it is in their best interest to put her on leave or let her go I would think that more than one lawyer would be interested in taking up your case.
Good luck

Havasu Hangin'
11-23-2004, 01:28 PM
We've both been teaching for 5 years, and received tenure after 3 full years of teaching.
The union will point you in the right direction (now is when you get your $50/month's worth). Like mentioned...the stuff was stolen and sent anonymously. The district is probably just trying to cover itself against backlash from parents.
I wouldn't worry too much. Since you guys are tenured, it would take ALOT to get fired (like coming to school naked, or pulling out in front of other boats in the channel). :idea:

TheEduKATor
11-23-2004, 01:34 PM
She is an awesome teacher and some of the teachers who have been there longer are a little bitter that the pricipal is good friends with her. The pricipal is always using her room as an example and parents are upset when their children can't get into her classroom. She thinks it could be one female teacher in particular, but she has no proof besides the bitterness. Damn Hatters!!!

Wally_Gator
11-23-2004, 01:34 PM
Edukator,
First off let me say I am sorry your little women has to go through all this.
Second, I would get all the pictures in question together and establish when they were taken and where. Lastly I would say that if the pictures where taken on her own time and not on the schools time then what is the big deal?
I know there are a few parents that will hoot and holla, but f*** them. She did nothing that would prevent her from being a good teacher. I would have her submit a letter to the district as well as her principal explaining that the photos STOLEN from her e-mail were intended to be used to obtain modeling jobs only and that are being distributed throughtout the internet without her consent. If after all that the district decides it is in their best interest to put her on leave or let her go I would think that more that one lawyer would be interested in taking up your case.
Good luck
On the stolen note. Any further propagation of the e-mails could be illegal as there is no consent written or implied.
Does the background in the pictures help to prove that they were not taken during school time? If the pictures are on the water or in the desert, could they even match any possable school setting?

Havasu_Dreamin
11-23-2004, 01:38 PM
She is an awesome teacher and some of the teachers who have been there longer are a little bitter that the pricipal is good friends with her. The pricipal is always using her room as an example and parents are upset when their children can't get into her classroom. She thinks it could be one female teacher in particular, but she has no proof besides the bitterness. Damn Hatters!!!
I think you mean haters :p LMAO Just giving you some grief to try and lighten the mood as I know this is hell that you two are going through right now. :220v:

TheEduKATor
11-23-2004, 01:43 PM
I wouldn't worry too much. Since you guys are tenured, it would take ALOT to get fired (like... pulling out in front of other boats in the channel). :idea:
You just had to put that in there. But in all seriousness, thanks for the info. HH
Havasu Dreaming, thanks for the spell check, i've been using my students all period for spell check as i'm typing here, and I just let one slip by.

Krumbsnatcher
11-23-2004, 01:45 PM
We've both been teaching for 5 years, and received tenure after 3 full years of teaching.
I think you guys are going at this all wrong it is up to the school board to prove they were taken at working hours the burden of proof is on them not you.
Let them spend the $$$ on an investigation and have a lawyer file a letter of harrasment to each board member.
That will shut em up. It is amazing what happens when you go the offensive rather than the defensive. Your personal life is yours and the School board has no right to it.
just .02

BoatPI
11-23-2004, 01:50 PM
You need an attorney experienced in this type of crome. He/She also needs a PI that specalizes in internet crimes. This is easy to tace, especally if you have a page printed out from and e mail the the forwarding info at the bottom of the page.
As far as your photos, if you ghvae a digital camera the photos will be encoded with the date, camera mfg, model number, and size of photo, among other information. Good luck, you have a real winner if it can be proven the intent was to defame you.

Havasu_Dreamin
11-23-2004, 01:53 PM
You just had to put that in there. But in all seriousness, thanks for the info. HH
Havasu Dreaming, thanks for the spell check, i've been using my students all period for spell check as i'm typing here, and I just let one slip by.
No problem, just trying to provide some comic relief and get you to laugh. :cool:

LHC30Victory
11-23-2004, 01:53 PM
First of all, the UNAUTHORIZED access to your files whether they are stored on your personal computer at home or on a server on the internet is a FELONY in CA. The police can request a Search Warrant for the Yahoo information but what is left after any given amount of time is yet to be known.
Secondly, there are date/ time stamps from the camera that took the pictures and on any computer to which they are stored. If you need help with that, PM me and I will tell you what I can do in a forensic manner.
IMHO - DONT let the hacker skate on his/her CRIME!

JustMVG
11-23-2004, 01:54 PM
Just sent you a PM please check, give us a call if you need more info
MikeVG

Havasu_Dreamin
11-23-2004, 01:56 PM
IMHO - DONT let the hacker skate on his/her CRIME!
Exactly! If you get to the point of finding out who it is, sue their ass for everything they got. Even better if it does turn out to be the sour grapes co-worker then they lose their job as well. Make them own up and take responsibility for their actions!

phebus
11-23-2004, 02:02 PM
I personally think you should post the pictures so we can all see what this fuss is all about. :D J/K Good luck with this situation. The person should burn big time for such a personal and professional attack.

phuggit
11-23-2004, 02:04 PM
Ed,
If you're looking at a criminal filing on the peep that did this. Look up 502 of the California Penal Code. It deals with unauthorized access to computers/digital information.

LHC30Victory
11-23-2004, 02:04 PM
Just sent you a PM please check, give us a call if you need more info - MikeVG
If that was for me, the system must be slow, still waiting for it.

TheEduKATor
11-23-2004, 02:06 PM
Thanks for the info. She's talking to her union rep as I type. Once schools out she is going to talk to the police again to see what they can do armed with the suggestions from here. I will definately keep everyone posted.

Phat Matt
11-23-2004, 03:10 PM
(like coming to school naked, or pulling out in front of other boats in the channel). :idea:
Russ, be glad the Principal isn't HH. Always bringing up the old shit. :rolleyes:

TheEduKATor
11-23-2004, 03:20 PM
Russ, be glad the Principal isn't HH. Always bringing up the old shit. :rolleyes:
Very true Matt. Hey sorry we couldn't make it to the party. There was a birthday celebration for her and her aunt. Maybe next year.

Phat Matt
11-23-2004, 03:22 PM
Very true Matt. Hey sorry we couldn't make it to the party. There was a birthday celebration for her and her aunt. Maybe next year.
Will you 2 be available this Friday night? We'll be in SD for another party.

Dave C
11-23-2004, 03:24 PM
I agree with these guys. Talk to the Union, police then a lawyer.
Those items were stolen from you and now are going to be used for either extortion or slander. You seem to be the victims here.
besides it doesn't make any logical sense that she would take those pictures during working hours. That sort of charge seems slanderous without some sort of proof to the contrary.
good luck :boxingguy

jackpunx
11-23-2004, 03:34 PM
Take a look at your PM's when you get a chance

Racer277
11-23-2004, 03:45 PM
Check your email.

Havasu Hangin'
11-23-2004, 04:18 PM
Russ, be glad the Principal isn't HH. Always bringing up the old shit. :rolleyes:
Fat Matt...you need to chill! :rolleyes:
Since owning a Commander is not a crime (although it probably should be)...you have nothing to worry about. :notam:
Hey...I'm just kidding. I know you can take a joke (I've seen your boat). :messedup:

tamalewagon
11-23-2004, 04:36 PM
Something you may want to consider...are the pictures the only items taken from the computer? If she uses the computer to purchase over the internet, there may be financial information stored that the person can retrieve. Where I'm going with this is here...you should report it to the D.A.'s office as a possible identify theft/with intent to commit fraud which they investigate immediately and with vigor. (Father in law is a D.A.) Hope they catch the little R.F.'er.

H20Advantage
11-23-2004, 04:47 PM
May I suggest that she bypass the Patrol Officer and call and talk to a Fraud Detective to give her guidance as how to handle this and set up an appointment to meet with whatever evidence she has in hand. The initial report is generally handled by the line officer but the detective will be the one to handle the follow-up and search warrants.
If you have any additional questions I may be able to help direct you since this is in my field of work but out of my jurisdiction.

Sherpa
11-23-2004, 04:53 PM
this had to have originated from somebody you two know I would think.... IF they
"hacked" her yahoo email account, obviously they had to have a yahoo name
to even start with. from there they somehow got a password to said account
on yahoo.......... does she/you frequently receive spammed jokes, etc from
so-called freinds, or co-workers-?? somebody sent in a trojan horse and
got key-strokes off her computer........... how often do you virus-scan your
PC's?
and, the fact that they know her students, parents, district personnel means
you already know the person, they are just hiding..... I'd be talking to everyone you know.... not even leading-on about what has happened and
wait for someone to make nervous-like behavior.........
oh yeah, this thread sucks without pics-! COMEAWN!
--Sherpa

welk2party
11-23-2004, 04:57 PM
There is a lot of great advice on here already. However, I might point out something that comes to mind. My Mother In-Law is a teacher is under what would commonly be referred to as a "Morality Clause". Meaning she can be fired for something the school board deems immoral. Obviously this would be a subjective thing. But since there seems to be pressure already being created it is not good. It seems the scales are moving in the wrong direction - away from you! I would get a Union advocate like someone mentioned and consult an attorney. My goal would be to save my job and my reputation, then secondly to find and stop the jerks trying to ruin you.
Just my opinion of course.

LHC30Victory
11-23-2004, 05:08 PM
oh yeah, this thread sucks without pics-! COMEAWN!
--Sherpa
How about this - it keeps with the computer topic (perif's in foreground), Hot babes (ie boats and babes) and the upcoming holidays :)
http://www.***boat.com/image_center/data/500/778Santas_helper.jpg

Phat Matt
11-23-2004, 09:18 PM
Fat Matt...you need to chill! :rolleyes:
Since owning a Commander is not a crime (although it probably should be)...you have nothing to worry about. :notam:
Hey...I'm just kidding. I know you can take a joke (I've seen your boat). :messedup:
Yeah, I saw yours too...as I passed you at the almost damn run. :2purples: ;)

Havasu Hangin'
11-23-2004, 09:25 PM
Yeah, I saw yours too...as I passed you at the almost damn run. :2purples: ;)
Yeah, the way you drive..I was afraid you'd run into me again... :notam:
How's that neck working? :messedup:

Phat Matt
11-23-2004, 09:27 PM
Yeah, the way you drive..I was afraid you'd run into me again... :notam:
How's that neck working? :messedup:
It must be working fine because that is the only way I could see you the rest of the day. :rollside:

Havasu Hangin'
11-23-2004, 09:30 PM
It must be working fine because that is the only way I could see you the rest of the day. :rollside:
You're right- after seeing the way you drive...I had to change course. I didn't want any of that Commander Exterior Latex House Paint on the Cig... :supp:

Phat Matt
11-23-2004, 09:34 PM
You're right- after seeing the way you drive...I had to change course. I didn't want any of that Commander Exterior Latex House Paint on the Cig... :supp:
Don't make me sick ticklepanties on you. :lightsabe

Havasu Hangin'
11-23-2004, 09:41 PM
Don't make me sick ticklepanties on you. :lightsabe
Hey...you brought her here...she's your date. :notam:
Don't worry...I'll try to keep up with that speed machine of yours on the next run. I figure I'll need a decent sized sail to pass you...
...but I'm gonna try. :D

Phat Matt
11-23-2004, 09:52 PM
Hey...you brought her here...she's your date. :notam:
Don't worry...I'll try to keep up with that speed machine of yours on the next run. I figure I'll need a decent sized sail to pass you...
...but I'm gonna try. :D
I didn't say it was a speed machine. I just happened to be faster than you that day. :p You better al least bust out a good size racing spinnaker. :D
http://www.purrfection-sailing.com/images/spinnaker-sail_big.jpg
Those colors would work great too. :D

Havasu Hangin'
11-23-2004, 09:57 PM
I didn't say it was a speed machine. I just happened to be faster than you that day. :p You better al least bust out a good size racing spinnaker. :D
http://www.purrfection-sailing.com/images/spinnaker-sail_big.jpg
Those colors would work great too. :D
Sorry, partner- SYA bought the last rainbow sail for his Commoder pontoon boat. :supp:
Also, that spinnaker won't cut it for the upwind leg...looks like I'm gonna need at least 40HP Evinrude to beat that racer of yours... :idea:
We'll see... ;)

Ntwotrance
11-23-2004, 10:05 PM
there is a professional hack er on the boards but I can not recall the name.. he may be able to help you if he see's this.. other then that I will ask around for you and try to help anyway we can. :frown:
I think that the person you're talking about that tracks IP's is....ummm...me? But definately not a hacker.....anymore.

Mighty Thor
11-23-2004, 10:20 PM
One of the previous posts mentioned the "morality" clause. In essence, the Board would be dealing with a breach of the employment agreement whether it is an individual agreement or the union's universal agreement with the board. The Board's ability to demand Proof would be subject to some sort of clause in the employment contract. Either they can do it or they can't. Someone who knows this stuff needs to review the applicable agreements. As for the person who is doing this, the Posts here have pretty well addressed the possible issues that could be the subject of a criminal complaint of a civil suit. Might also throw in claims of Malice and Intentional Infliction of Emotional distress. I have even gone so far as to tag this kind of activity with a stalking charge. In Montana the intent to harm is enough and it does not have to be physical harm. Foremost, you won't have much luck doing anything until you can put a name to the perp.
I am a lawyer but I dont play one on TV

C-2
11-23-2004, 10:25 PM
IMO, the school district is trying to see if the pics conflict with any of their moonlighting policies. Many times public agencies have very specific policies against moonlighting - what can/cannot be done. They might not be enforcing it, but they could start using your wife as an example.
I think you need to be tight-lipped until you have legal representation.
A few quick observations;
1. Who has the axe to grind with your wife? Think about it long and hard and you’ll know who your perpetrator is.
2. Digital media can be manipulated and is very arguable in court, sometimes it won’t be admitted into evidence due to this fact. If you have not admitted the photos are of her, let them prove it. Don’t deny it, but don’t admit either.
3. EVEN if they would have found nude’s – they couldn’t legally do anything. You have first amendment rights, an expectation of privacy (especially ion the bedroom) and the pics were stolen. However, since they probably perceive the pics as being for a commercial purpose, they are using that point against you, and again, probably trying to determine if they have any disciplinary recourse against your wife.
School districts and city councils are notorious for tirades based upon the “morality” factor. Look at strip clubs – you know how many hundreds upon thousands of dollars are spent trying to shut newly opened clubs down? Quite a few.
They can and often will go thru great lengths to terminate an employee. I’m talking high tens of thousands of dollars to terminate a $15K a year city worker. Interestingly, a termination is usually made after they trip the employee up in a lie. Yeah right, that’s not the real reason, but is usually actionable (the lie) – which again goes back to my statement about keeping tight-lipped until you have legal counsel, or at a minimum, union representation.
I work with numerous city attorney offices and have seen quite a few city employees fired, not as a direct result of their moonlighting – but after making inconsistent statements or telling innocent white lies.
And school districts – they are even worse than cities and not subject to as much scrutiny as a city is.
If the district engages counsel – I have a pretty good guess as to who they will call.
Sorry to hear about the grief :(