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- From: bear@tigger.cs.Colorado.EDU (Bear Giles)
- Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk,comp.security.misc,alt.privacy
- Subject: Re: CERT and the Dept. of Justice on keystroke monitoring
- Message-ID: <1992Dec19.024607.26404@colorado.edu>
- Date: 19 Dec 92 02:46:07 GMT
- References: <1992Dec17.160222.1313@colorado.edu> <1992Dec17.181217.6001@colorado.edu> <80ar1ql@dixie.com>
- Sender: news@colorado.edu (The Daily Planet)
- Organization: National Oceanic & Atmospheric Adminstration / Boulder Labs
- Lines: 89
- Nntp-Posting-Host: tigger.cs.colorado.edu
-
- In article <80ar1ql@dixie.com> jgd@dixie.com (John De Armond) writes:
- >bear@tigger.cs.Colorado.EDU (Bear Giles) writes:
- >
- >It makes no difference at all what you "expect". What matters is what
- >you agree to in your contract. If the apartment owner you mentioned
- >wanted access to your apartment anytime he wanted, you can either
- >comply or rent elsewhere.
-
- I expect the apartment complex to follow the law and the contract.
- I always check for that clause; if it is not present I refuse to sign
- the lease and I let them know why (although it is all boilerplate contracts
- that I've seen).
-
-
- >>"Property rights" are not as clear-cut as you assume. The owner of a
- >>computer system, like an apartment complex owner, has the right to ensure
- >>that the physical system is protected but the data on it, like the contents
- >>of the apartements in a complex, belong to the individuals who have leased
- >>the use of the resources.
- >
- >Property rights ARE as clear-cut as I assert. All the current craziness
- >in the law has done is make me rewrite my subscription contract to reserve
- >all possible rights. In other words, I'm stating what should be obvious.
-
- As long as you make it clear that users can expect no privacy whatsoever...
-
- Personally, if I pay someone (not the University which is a special case
- since it is not a _commerical_ service provider) for computer access anyone
- who claims that I can't expect my files to remain confidential won't get
- any business from me. Period.
-
- That would be like me giving the key to my storage shed to the landlord
- and telling him "if you see anything you like in my storage area, feel free
- to help yourself!"
-
- Obviously, a third party may still break in and steal my stuff. But
- my contract states that they will provide reasonable security -- if they
- leave the gates open and lock-cutters lying around I can still sue them
- for damages (due to breach of contract).
-
-
- >If I decide that in order to use my system, you must stand on your head
- >while administering oral sex to a camel, you will either do that or
- >you will go elsewhere.
-
- I would love to see you attempt to enforce that clause.
-
- Many subdivisions in the United States have covenants that prohibit the
- sale of houses to anyone except Protestant caucasians. If you tried to
- back out of a sales contract based on that "legally binding" convenant you
- will find yourself in an incredible amount of legal trouble.
-
- Likewise, many states have laws that prohibit bestiality and/or oral
- sex. Simply putting your requirement to perform oral sex on an animal
- could expose you to conspiracy charges. (Ironically, Colorado has
- neither law!)
-
- I know you're taking an extreme position, but your "I reserve all rights"
- may very well directly conflict with the ECPA and other laws.
-
-
- >>BTW, the University of Colorado requires a "computing fee" be paid by the
- >>students, so the students are directly paying for the use of such resources;
- >>it isn't simply provided out of the philanthropy.
- >
- >I'll bet you pay, oh, maybe a few percentage of what it costs to offer
- >you that service. Spurrious to the issue. What kind of contract
- >did you sign in order to get your access? Those are the rules you live
- >by.
-
- Completely irrelevant. They charge a specified amount of money for
- a specified service. The fact that they lose money in the process
- (if they do) is _completely and absolutely_ irrelevant to enforcement
- of any contract that exists between us.
-
- (They may not lose money since the computers themselves may be gifts and
- I don't use their printers -- many users may require nothing more than the
- electricity to run the computers).
-
- If the owners and I agreed, I could purchase the Empire State Building
- for $1 and that sale would be binding.
-
- (Personally, I was surprised when the University started charging for
- computer access a few years ago precisely because that put computer access
- into the contractual arena instead of the purely administrative one).
-
- --
- Bear Giles
- bear@fsl.noaa.gov/cs.colorado.edu
-