=============== ftp://ftp.eff.org/pub/CAF/faq/spa ===============
q: Should a university make suspensionless searches to check for
copyright violations by faculty, staff, and students?

a: No, I don't think so. The U. of Oregon seems to think that a
declaration by the user that he or she accepts responsibility for
keeping his or her disk free of infringing software suffices.  I find
their opinion credible because they made it right after paying the
Software Publisher's Association (SPA) $130,000 to settle alleged
copyright infringement. Indeed, it might have been part of the
settlement.

Suspensionless searches violate academic freedom. In the case of state
schools in the U.S., suspensionless searches might violate the
Constitution, too.

- Carl Kadie

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================<a href="ftp://ftp.eff.org/pub/CAF/policies/uoregon.edu">
policies/uoregon.edu
=================</a>
* Edu -- U. of Oregon

A copy of the U. of Oregon's software policy. Created right after the
U. of Oregon gave the Software Publisher's Assocation (SPA) $130,000
to settle alleged software copyright infringement. The policy *does
not* authorize suspensionless searches.

=================<a href="ftp://ftp.eff.org/pub/CAF/law/gillard-v-schmidt">
law/gillard-v-schmidt
=================</a>
* Privacy -- School -- Staff Desk -- Gillard v. Schmidt

Description of an appellate court ruling that the school board could
not search the desk of a school counselor without a warrant.

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n04">
news/cafv03n04: Message-Id: <1993Jan29.023258.13875@eff.org>
=================</a>
An article from the Computers and Academic Freedom News 03.04

Notes 11-12 discuss a recent Software Publishers Association action against
the University of Oregon.

11.  "Nicknamed the software police, this industry group [the SPA] has
filed more than 100 lawsuits since 1989, forcing the collection of
penalties as high as $350,000. Federal armed marshals bearing court
orders have surprised more than one corporate official."  The SPA
"also was responsible for a $130,000 settlement against the University
of Oregon, the first copyright infringement suit brought against a
public college, according to the association."

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n04">
news/cafv03n04: Message-Id: <1993Jan29.033735.30819@mp.cs.niu.edu>
=================</a>
An article from the Computers and Academic Freedom News 03.04

Notes 11-12 discuss a recent Software Publishers Association action against
the University of Oregon.

12.  "The U of O denied wrong-doing, and the suit was settled
according to U of O officials because it was cheaper than litigating.
Settling did not imply wrong-doing, although some SPA documents
suggest otherwise." (Includes plug for future issue of Computer
Underground Digest that will report in detail on the SPA-Oregon
action.)

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n07">
news/cafv03n07: Message-Id: <1993Feb8.051859.5933@eff.org>
=================</a>
An article from the Computers and Academic Freedom News 03.07

Notes 1-5 concern SPA raids.

1.  In response to the comment that universities have the right to
search computer disk drives at their discretion, I do not think
universities gain ownership of something just because it is related to
university duties.

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n07">
news/cafv03n07: Message-Id: <C24yp8.223@ms.uky.edu>
=================</a>
An article from the Computers and Academic Freedom News 03.07

Notes 1-5 concern SPA raids.

2. However, if the university is liable for what is found, shouldn't
the university have search rights, in order to limit liability? 

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n07">
news/cafv03n07: Message-Id: <1993Feb8.163241.13161@eff.org>
=================</a>
An article from the Computers and Academic Freedom News 03.07

Notes 1-5 concern SPA raids.

3. But if the university maintains a policy against piracy, notifies
users of the policy, and takes appropriate action, I doubt SPA raids
have any legal basis.  The burden falls on the SPA to show an
institution knowingly encouraged or tolerated piracy.

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n07">
news/cafv03n07: Message-Id: <1993Feb10.190417.2962@eff.org>
=================</a>
An article from the Computers and Academic Freedom News 03.07

Notes 1-5 concern SPA raids.

4. Perhaps there should be varying levels of searching and inspection,
such as one requiring definite suspicion and high-level authorization
such as a warrant, and another requiring no suspicion and no
authorization.

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv03n07">
news/cafv03n07: Message-Id: <1993Feb12.162500.2374@eff.org>
=================</a>
An article from the Computers and Academic Freedom News 03.07

Notes 1-5 concern SPA raids.

5. At the University of Illinois, a student's private work space cannot
be searched, since neither the University nor the Dean have the
authority to give permission for such a search.

=================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv02n24">
news/cafv02n24: Message-Id: <77815@netnews.upenn.edu>
=================</a>
An article from the Computers and Academic Freedom News 02.24

Note 7 recaps notes from a SPA (Software Publishers Association) talk to UPenn
sysadmins.

7. A few points from a recent talk to UPenn sysadmins by the SPA: When
the SPA visits your site, they can seize hardware through a court
order.  Generally, they do not do so - instead performing an on-site
audit of software.  The SPA has never actually gone to court - usually
settling with offending institutions out of court.  They have a
self-audit kit available to you and your organization.  They do not
try to enforce licensing of non-member companies, but they also do not
publicize which companies are members.

=================<a href="ftp://ftp.eff.org/pub/CAF/law/mass-student-searches">
law/mass-student-searches
=================</a>
* Privacy -- Mass Students Searches

An excerpt from The ACLU Handbook: _The Rights of Students_, stating that
"there must a reasonable suspicion directed specifically at each student
before a school official can search students."

=================<a href="ftp://ftp.eff.org/pub/CAF/law/new-jersey-v-tlo">
law/new-jersey-v-tlo
=================</a>
* Privacy -- High School Students -- New Jersey v. TLO

@BOOK{price::janet:r.4,
         MEPSN = "Price, Janet R.",
         Author = "Janet R. Price and Alan H. Levine and Eve  Cary",
         Title = "The rights of students: the basic ACLU guide to a  student's rights",
         Edition = "3rd",
         Publisher = "Southern Illinois University Press",
         Address = "Carbondale",
         Year = "1988",
         COL = "xv, 181 p. ; 18 cm.",
         SET:0 = "American Civil Liberties Union handbook",
         NOG = "Rev. ed. of: The rights of students / Alan Levine,  with Eve Cary and Diane Divoky.",
         NOG = "Addendum slip inserted.",
         NOB = "Bibliography: p. 178-181.",
         AEPSA = "Levine, Alan H.",
         AEPSA = "Levine, Alan H.$Rights of students.",
         AEPSA = "Cary, Eve.",
         SBN = "0809314231",
         LON = "(WaOLN)2115501",
         LON = "ocm15653926",
         CAL0 = "KF4150$.P75 1988",
         Subject = "Students--Legal status, laws, etc.--United States",
	 Note = {Excerpt: Summary of laws protecting high school students from unreasonable
searches.}
}

=================<a href="ftp://ftp.eff.org/pub/CAF/law/ecpa.1986.godwin">
law/ecpa.1986.godwin
=================</a>
* Privacy -- E-mail -- ECPA - University Site

Mike Godwin, legal services counsel for the Electronic Frontier
Foundation (EFF), says that the Electronic Communications Privacy Act
(ECPA) could be reasonably construed to protect university email.

=================<a href="http://www.eff.org/CAF/faq/email.privacy.html">
faq/email.privacy
=================</a>
* Email -- Privacy
 
q: Can (should) my university monitor my email?
 
a: Ethically (and perhaps legally) email communications should have
...

=================<a href="http://www.eff.org/CAF/faq/email.policies.html">
faq/email.policies
=================</a>
* Email -- Policies
 
q: Do any universities treat email and computer files as private?
 
a: Yes, many universities treat email and computer files as private.
...
 
q: Do any universities treat email and computer files as private?
 
a: Yes, many universities treat email and computer files as private.
...

=================
=================

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also 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, and then:

  cd  /pub/CAF/policies
  get uoregon.edu
  cd  /pub/CAF/law
  get gillard-v-schmidt
  cd  /pub/CAF/news
  get cafv03n04
  cd  /pub/CAF/news
  get cafv03n04
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv02n24
  cd  /pub/CAF/law
  get mass-student-searches
  cd  /pub/CAF/law
  get new-jersey-v-tlo
  cd  /pub/CAF/law
  get ecpa.1986.godwin
  cd  /pub/CAF/faq
  get email.privacy
  cd  /pub/CAF/faq
  get email.policies

To get the file(s) by email, send email to ftpmail@decwrl.dec.com
Include the line(s):

  connect ftp.eff.org
  cd  /pub/CAF/policies
  get uoregon.edu
  cd  /pub/CAF/law
  get gillard-v-schmidt
  cd  /pub/CAF/news
  get cafv03n04
  cd  /pub/CAF/news
  get cafv03n04
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv03n07
  cd  /pub/CAF/news
  get cafv02n24
  cd  /pub/CAF/law
  get mass-student-searches
  cd  /pub/CAF/law
  get new-jersey-v-tlo
  cd  /pub/CAF/law
  get ecpa.1986.godwin
  cd  /pub/CAF/faq
  get email.privacy
  cd  /pub/CAF/faq
  get email.policies