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EFF IN THE NEWS

Students Sue Prosecutor in Cellphone Photos Case

March 26, 2009

When a high school cheerleader in northeastern Pennsylvania learned that she might face criminal charges after investigators reported finding a nude photo of her on someone else’s cellphone, she was more confused than frightened at being caught up in a case of “sexting”: the increasingly popular phenomenon of nude or seminude photos sent over wireless phones...

Lee Tien, a senior staff lawyer for the Electronic Frontier Foundation, a nonprofit group in San Francisco that studies technology issues, said such cases also raise thorny legal issues around the searching of students’ cellphones, many of which are seized when they are used during class.

“If they confiscate the phone, that’s reasonable to hold it for the day and return it,” Mr. Tien said. “But there’s a serious question of whether that justifies going through the cellphone.”

Wednesday, March 25, 2009
New York Times
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