Legal Question in Technology Law in New Hampshire

Network monitoring on personal computers at a public school

Is it legal for a network administrator at a public school to sniff the packets of personal computers connected to the schools open public wi-fi network?


Asked on 4/07/09, 11:44 pm

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Network monitoring on personal computers at a public school

I know of no legal impediment. From the perspective of the school, it would be best to include a disclaimer on the access portal page to the effect that it is a public platform subject to inspection by the network owner. From the perspective of an unaffiliated user, one is a fool to expect that communications through such an access point are NOT subject to security measures. Ultimately, all data resident on the school's servers belong to the school, and this would include data passing through as well as data temporarily or permanently stored. [This is of course the rule in businesses as well, much to the surprise of employees whose e-mail and data files are subject to inspection.]

I doubt that there is any NH law on the subject, and one could easily hypothesize claims of invasion of privacy and the like, which is why a notice or disclaimer would be a good idea. Nevertheless, in this age of Internet stalking, cyber-bullying, and the like, it is unlikely that a court would object to inspection of packets by the school network administrator.

My disclaimer: the foregoing is not legal advice specific to any actual situation. If you want legal advice upon which you can rely, contact a lawyer and provide the facts and circumstances of the actual case.

Best wishes,

LDWG

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Answered on 4/08/09, 7:53 am


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