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- Path: sparky!uunet!dtix!darwin.sura.net!zaphod.mps.ohio-state.edu!sol.ctr.columbia.edu!eff!eff-gate!usenet
- From: escheire@sunlab.cit.cornell.edu (Eric Scheirer)
- Newsgroups: alt.comp.acad-freedom.talk
- Subject: Re: The FBI takes a trip to Cornell...
- Message-ID: <9211202036.AA12053@crocus.cit.cornell.edu>
- Date: 20 Nov 92 10:34:57 GMT
- References: <9211201816.AA21284@dahlia.cit.cornell.edu>
- Sender: escheire@sunlab.cit.cornell.edu
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-
-
- Here are some thoughts I have on this...
-
- First, I think that the action taken by Cornell regarding Usenet in general
- was refreshingly slight. It would have been all-too-easy to restrict access
- to the whole alt hierarchy, or even all of Usenet, during the "interim"
- period during which investigations are occurring.
-
- Also, note that this is NOT, as yet anyway, a computer abuse case. It is
- strictly a felony investigation, and possible related Cornell investigation
- (see below).
-
- Some comments from around campus seem to indicate that the student population
- thinks that such an investigation is "too harsh". I think that what the
- FBI is concerned about, and rightly so in my view, is the possibility that
- the student, or people connected to the student in some way, were the
- people behind the camera for the photography.
-
- I think that the charge of _being the one with the scanner_ is much more
- serious that one of just downloading and/or viewing the pictures. It's
- the difference between "trafficking" or "transporting" and "possessing",
- IMHO.
-
-
- Criticisms I have:
-
- > Marjorie W. Hodges J.D. '91, judicial administrator, said her office is
- > pursuing its own investigation. The student may have violated a Campus
- > Code of Conduct status that forbids "trafficking, for profit or
- > otherwise, in goods and services, when incompatible with the interest
- > of the University and the Cornell community." She would not comment
- > any further on the case.
-
- This is Section J of Article II of Title 3 of the Cornell Code of Conduct.
- It is far, far, far too vague. Further, Article II of Title 1 seems to
- exclude the possibility of simultaneous University and criminal action.
-
- In part:
-
- A. The following basic principles and policies will apply in
- situations where misconduct violates both the law and University
- conduct regulations:
-
- 1. The following kinds of offenses are adjudicated in the courts:
- all felonies...
-
- 2. When the University Administration determines that other misconduct
- does not constitute a serious breach of the law, and that the
- interests of justice would be served, it shall seek to handle such
- misconduct within the University jurisdiction...
-
- 4. Policies covering conduct that violates both the law and University
- regulations, where feasible, should be based on jurisdictional
- understandings and procedures jointly developed and periodically
- reviewed by University and local officials. To the maximum extent
- feasible, jurisdictional understandings shall be made known to the
- Cornell community.
-
- As far as I know, there has been no such "jurisdictional understanding"
- developed for these issues.
-
- ---
-
- Interested parties who want to peruse the Cornell Code of Conduct can
- get at it via internet, on the CUINFO information service. Do
- "telnet cornellc.cit.cornell.edu 300"
- on Unix systems, or the equivalent for specifying port 300 on others.
-
- Once in CUINFO, type "admin government code" to get there. You can do
- it all on separate lines if you like; CUINFO is a hierarchical menu
- system.
-
- All of the other pertinant Cornell documents, such as the Computer Abuse
- Policy, are also available "nearby" the CCC.
-
- ----
- Eric Scheirer - Sun Undergrad Lab Consultant - escheire@sunlab.cit.cornell.edu
-
- Any opinions expressed above are mine alone, and are not intended to
- represent views of the Cornell CS Dept, or Cornell Information Technologies --
- I don't even work for CIT!
-