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The charges, however, were dismissed about a week later.

Clements-Jeffrey and her boyfriend, Smith, sued Absolute Software, Kyle Magnus, the city of Springfield, Ohio, and two police officers.

The plaintiffs allege that the police violated their Fourth Amendment rights, and that Absolute violated the Electronic Communications Privacy Act and the Stored Communications Act and intentionally invaded their privacy.

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.

Clements-Jeffrey, however, asserted she never noticed the missing serial number and had no reason to doubt the asking price for the two-year-old machine, since the computer had been wiped clean of software before she bought it.

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.

"Because it's currently still under legal proceedings, Absolute isn't commenting on the story at this time," he said.

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The ECPA statute prohibits intercepting or disclosing the contents of someone's wire or other electronic communications without their knowledge.

Absolute also insisted it was acting on behalf of its customer, the school district, and therefore was covered under "color of law" and "safe harbor" statutes.

But the judge found that there were grounds to believe Absolute had gone too far, and that a jury might reasonably decide that it had violated the plaintiffs' privacy and broken the law.

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