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After the school district reported the laptop stolen, Absolute began collecting the IP address from Clements-Jeffrey's laptop when it connected to the internet.
“I don’t know how to put this, folks, but somebody’s phone is going off in the stands … At least somebody’s having a good night.” While spectators erupted with laughter in the stands, Tiafoe shouted, “It can’t be that good!But Absolute's theft officer Kyle Magnus went further and began to remotely intercept e-mail and other electronic communications going to and from Clements-Jeffrey's machine in real time.According to court documents, in June 2008 Magnus began recording Clements-Jeffrey's keystrokes and monitoring her web surfing.The case rests largely on whether Clements-Jeffrey knew the laptop she bought was stolen and whether she and her boyfriend then had a reasonable expectation of privacy.The defendants moved for summary judgment on grounds that courts have ruled in the past that there is no legitimate expectation of privacy in cases involving known stolen property.Clements-Jeffrey, who was a long-term substitute teacher at Kiefer, says the student told her his aunt and uncle had given him the laptop, but that he no longer needed it after getting a new one.
She asserts she had no idea the computer was stolen.
Clements-Jeffrey, described in court papers as a 52-year-old widow, had recently renewed a romance with her high school sweetheart, Carlton Smith, who lived in Boston.
In the course of their courtship, she exchanged sexually explicit email and instant messages with her beau, using the computer she had just purchased.
Asked if the company's agents have changed the way they operate in light of the lawsuit, Absolute spokesman Stephen Midgley declined to respond.
"Because it's currently still under legal proceedings, Absolute isn't commenting on the story at this time," he said.
She said Absolute had a right to collect her IP address in an effort to track the laptop, but that it broke the law when it intercepted her communications to track her and then passed those images to police.