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- Xref: sparky alt.comp.acad-freedom.talk:2714 comp.org.eff.talk:5724
- Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!kadie
- From: kadie@eff.org (Carl M. Kadie)
- Subject: Re: policy
- Message-ID: <1992Sep8.163018.8554@eff.org>
- Originator: kadie@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: The Electronic Frontier Foundation
- References: <1992Sep8.023038.29805@m.cs.uiuc.edu>
- Date: Tue, 8 Sep 1992 16:30:18 GMT
- Lines: 176
-
- This is a critique of the computer policy of University of Hawaii,
- College of Engineering, University of Hawaii at Manoa. The policy
- seems to be a pretty good attempt at making the rules explicit.
- Several parts of the policy, however, likely violates legal and moral
- requirements for due process, privacy, free expression, and user
- participation.
-
- I. Due process
-
- The policy asserts several times that computer use is a privilege not
- a right. I don't know what this means. It might be an assertion that
- the University can act arbitrarily, if so it is legally meaningless.
- For while use of computers may not be a "right", due process is. This
- right cannot be asserted away. The policy could be improved by
- removing or clarifying these assertions.
-
- The policy gives sys admins the authority to summarily suspend users
- from the computer *before* establishing that the user has done
- anything. The policy thus authorizes illegal violations of user's due
- process rights and gives sys admins more authority than professors
- have. It also violates a tenet of academic freedom:
-
- "Pending action on the charges, the status of a student should not be
- altered, or his right to be present on the campus and to attend
- classes suspended, except for reasons relating to his physical or
- emotional safety and well being, or for reasons relating to the safety
- and well-being of students, faculty, or university property."
- - From the Joint Statement on Rights and Freedoms of Students
-
- The policy could be improved by being made consistent with the law on
- due process and the principles of academic freedom.
-
- II. Privacy
-
- The policy allows a sys admin to search a users email and files at the
- sys admins' own discretion: no higher authorization is required, no
- notice must be given to the subject of the search - even after the
- search.
-
- The policy could be improved having the University treat searches of
- assigned disk space the same as it treats searches of assigned office
- space and dorm rooms. As it stands, the policy may be an illegal
- violation of user's right to be free of "unreasonable searches".
- [4th Amendment]
-
- III. Free Expression
-
- The policy prohibits the sending of frivolous message. The word
- "frivolous" is too vague. The policy could be improved by removing it.
-
- IV. User Participation
-
- The policy was apparently created and is apparently enforced without
- the participation of the user community. This is contrary to the
- principles of academic freedom. It is also likely contrary do the U.
- of Hawaii's policy making procedures. (It is also unwise.)
-
- - Carl Kadie
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- faq/policy
- =================
- q: What guidance is there for creating or evaluating a computer policy?
-
- =================
- statements/caf-statement
- =================
- This is an attempt to codify the application of academic freedom to
- academic computers. It reflects our seven months of on-line discussion
- about computers and academic freedom. It covers free expression, due
- process, privacy, and user participation.
-
- Comments and suggestions are very welcome (especially when posted to
- CAF-talk). All the documents referenced are available on-line.
- (Critiqued).
-
- =================
- statements/caf-statement.critique
- =================
- This is a critique of an attempt to codify the application of academic
- freedom to academic computers. It reflects our seven months of on-line
- discussion about computers and academic freedom. It covers free
- expression, due process, privacy, and user participation.
-
- Additional comments and suggestions are very welcome (especially when
- posted to CAF-talk). All the documents referenced are available
- on-line.
-
- =================
- law/due-process.french
- =================
- Quotes about the due process requirements of "notice of charges" and
- "find of facts" at a formal administrative hearing. The quotes are
- from:
-
- _The Redefinition of the Exclusionary Rule as to Student Procedural
- Due Process in High Education_. A monograph from the Office of the
- General Counsel [of Southern Illinois University] by Dr. Larry L.
- French, General Counsel, 1977.
-
- =================
- faq/email.policies
- =================
- q: Do any universities treat email and computer files as private?
-
- =================
- academic/student.freedoms.aaup
- =================
- Joint Statement on Rights and Freedoms of Students -- This is the main
- U.S. statement on student academic freedom.
-
- =================
- law/constitution.us
- =================
- The Constitution of the United States
-
- =================
- policies/seas.ucla.edu
- =================
- Computer policy for UCLA's SEASnet (Critiqued)
-
- =================
- policies/seas.ucla.edu.critique
- =================
- Critique of computer policy for UCLA's SEASnet
-
- Summary: "It seems like a pretty good policy. I especially like that
- it covers both users and sys admins. Also, it lays out clear rules and
- disciplinary procedures. And, it acknowledges the user's privacy.
-
- I think it could be improved (perhaps with the participation of users)
- by clarifying the prohibition against noncommercial personal use.
- Also, procedure by which a sys admin is authorized to search user
- files should be made clear and it should be made consistent with the
- University's general search procedures (or its telephone search
- procedures). Finally, users should not be punished for rule
- infractions until and unless it is determined such infractions have
- occurred."
-
- =================
- =================
-
- These document(s) are available by anonymous ftp (the preferred
- method) and by email. To get the file(s) via ftp, do an anonymous ftp
- to ftp.eff.org (192.88.144.4), and get file(s):
-
- pub/academic/faq/policy
- pub/academic/statements/caf-statement
- pub/academic/statements/caf-statement.critique
- pub/academic/law/due-process.french
- pub/academic/faq/email.policies
- pub/academic/academic/student.freedoms.aaup
- pub/academic/law/constitution.us
- pub/academic/policies/seas.ucla.edu
- pub/academic/policies/seas.ucla.edu.critique
-
- To get the file(s) by email, send email to archive-server@eff.org.
- Include the line(s) (be sure to include the space before the file
- name):
-
- send acad-freedom/faq policy
- send acad-freedom/statements caf-statement
- send acad-freedom/statements caf-statement.critique
- send acad-freedom/law due-process.french
- send acad-freedom/faq email.policies
- send acad-freedom/academic student.freedoms.aaup
- send acad-freedom/law constitution.us
- send acad-freedom/policies seas.ucla.edu
- send acad-freedom/policies seas.ucla.edu.critique
- --
- Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu =
-