Computers and Academic Freedom (news version) Sun May 19, 1991 Vol. 1, No. 6 Editor: Carl M. Kadie (kadie@eff.org) To contribute to the list, send email to "caf-talk@eff.org". [Three topics are discussed in this issue: What is the relation between newsgroup systems and traditional libraries? How should privacy rights be applied to diskspace and email? How do general University policies evolve? The last question is addressed with a survey University of Illinois policy from 1904 to present. It is interesting to see both the trend and how external forces such as Alcohol Prohibition and the Red Scares effected policy. - Carl] In this issue: Sanjay Kapur 74 >Which Rights? Carl Kadie 81 > [Summary: Privacy] ahlevy@ux1.cso 31 email privacy policies at universities?? Joe Brennan 124 >Which Rights? Carl M. Kadie 182 > [Summary: Newsgroups are already covered by library policy] Carl Kadie 58 - [Summary: A newsgroup system *is* a library] Sanjay Kapur 30 > Carl M. Kadie 425 From Regulations to Rights: The Maturation of Policy Carl M. Kadie 33 >From Regulations to Rights: The Mat The addresses for the list are now: comp-academic-freedom-talk@eff.org - for contributions to the list or caf-talk@eff.org listserv@eff.org - for automated additions/deletions (send email with the line "help" for details.) caf-talk-request@eff.org - for administrivia Back issues are available via anonymous ftp from eff.org. See file academic/README. Date: Mon, 13 May 1991 02:08 EDT From: Sanjay Kapur Subject: Re: Which Rights? Message-Id: <4FCF515E64A02A50@ccmail.sunysb.edu> X-Organization: State University of New York, Stony Brook X-Vms-Cc: SKAPUR > >I would say that if the University can figure out how to itemize >costs (say, for coffee at the talk) then let them pass those costs >on. But until they do, especially, if the incremental cost are low, >the use of those resource should be considered one of the benefits of >paying tuition or of teaching. The problem comes up with defining what is low. The cost of E-mail/news etc. themselves can be and actually is itemized in some places as most large computers have resource accounting packages. > >[As an aside, what if a school is so short of space that it can not >provide space to students would like to invite an outside speaker. Can >that school be a good university?] Is it being implied that only students/staff/faculty at a "good" university deserve academic freedom? or a university is not good unless it gives away computing/network resources to all its members? >] reason a University does not want to carry them is very similar to the reason >] that a University Library normally does not carry XXX rated videos or Archie >] comics (except maybe in some places as special collections) > >On a more specific note, many academic libraries do carry Playboy. And >they will accept almost any donation I know most libraries carry Playboy and that is why I chose my examples above, I will restate that I do not know of any academic libraries that carry XXX rated videos in their general collection. > Thus, I would modify the rights list to say something like > >If the incremental cost is small then there is a >> right to receive electronic mail and receive newsgroups >> right to send mail and post notes to newsgroups >And, in any case, mail and newsgroups shall not be censored > Who defines "incremental" and who defines "small"? These words, not being absolutes, can lead to misinterpretaion on both sides. >Under the principle of academic freedom, your tuition or work at a >University *does* give you right to use certain resources to express >your opinion (and to hear the opinion of others). Cost can be a >legitimate reason for restricing resources, but the content of the opinion >can not. (Thus, I can think of no legitimate reason for a university >to make newsgroups read-only.) Since we live in a relative world, what is a bigger censorship ? 1) eliminating news altogether 2) eliminating a particular newsgroup 3) deleting a particular article going in or out? ------------- The following is not exactly relevant to this group but is a connected side issue since the American Library Association and Usenet have been mentioned: As a taxpayer we also have a right to ask the local public library to also carry Usenet. I am curious and want to know if anyone has attempted to get public libraries involved. It will solve a few problems and will increase the Usenet audience substantially. I am sorry if I disagree with a lot of people on this topic but although there is a lot of overlap, most of the issues discussed in Usenet are much more appropriate for a public library than for a University. Sanjay Kapur |Internet: Sanjay.Kapur@sunysb.edu Systems Staff, Computing Services, |Bitnet: SKAPUR@USB State University of New York, |SPAN/HEPnet: 44132::SKAPUR Stony Brook, NY 11794-2400 |Phone:(516)632-8029, FAX:(516)632-8046 Date: Sun, 12 May 91 18:58:03 -0400 From: kadie (Carl Kadie) Message-Id: <9105122258.AA20974@eff.org> Subject: RE: Which rights? Summary: Privacy >Privacy > information in a users disk files is private > (the user may not own the disk, but he or she does own the information) > email is private > warrants must be obtained prior to searches ] Are the contents of your office wooden or steel desk private? Can the ] University remove or open your desk or file cabinet? Under what ] circumstances? ( I mean dEsk not dIsk) Are the contents your ] secretary's desk private? What if your secretary also happens to be a ] student? and ] I can't agree with your inclusion of privacy rights under the heading ] academic freedom. I work for a tax-supported university. All of the ] documents I create as part of my work, including letters, are the property ] of the university and are public documents. That is, access to the ] contents of those documents is a matter of university policy and has ] nothing to do with my personal privacy. I can't see that any different ] standard would apply to electronic documents. As matter of fact my desk is private. When I lived in the dorm, by dorm room was private. Here what the the Joint Statement on Rights and Freedoms of Students says: '1. Except under extreme emergency circumstances, premises occupied by students and the personal possessions of students should not be searched unless appropriate authorization has been obtained. For premises such as residence halls controlled by the institution, an appropriate and responsible authority should be designated to whom application should be made before a search is conducted. The application should specify the reasons for he search and the objects or information sought. The student should be present, if possible, during the search. For premises not controlled by the institution, the ordinary requirements for lawful search should be followed.' Here is what my Univerity's student code says: "IV. Privacy A. Members of the University community have the same rights of privacy as other citizens and surrender none of those rights by becoming members of the academic community. These rights of privacy extend to residence hall living. Nothing in University regulations or contracts shall give University officials authority to consent to a search by police or other government officials of offices assigned or living quarters leased to individuals except in response to a properly executed search warrant or search incident to an arrest. B. When the University seeks access to an office assigned or living quarters leased to an individual to determine compliance with provisions of applicable multiple-dwelling unit laws, ordinances, and regulations, or for improvement or repairs, the occupant shall be notified of such action not less that twenty-four hours in advance. There may be entry without notice in emergencies where imminent danger to life, safety, health, or property is reasonably feared and for custodial service. C. The University may not conduct or permit a search of an office assigned or living quarters leased to an individual except in response to a properly executed search warrant or search incident to an arrest." Also, if you work for a public university you also have a constitutional right to privacy. [From the ACLU handbook on the rights of teachers] "An anonymous cartoon had appeared in a local newspaper ridiculing the financial and personnel policies of the Fair Lawn, New Jersey, Board of Education by depicting the board members a poker players, apparently gambling away emplyees' salaries and jobs. Suspecting the guidance counselor as the offending cartoonist, a board member entered the guidance counselor's school at night, found a janitor with a pass key, directed him to unlook the door to the guidance counselor's suite, and observing a slightly opened drawer in the guidance counselor's disk, pulled it completely open, revealing copies of the cartoon. The court ruled that this action violated the guidance counselor's Fourth Amendment rights." [This case is very similar to the incident which apparently motivated the NCSA's policy.] Date: Mon, 13 May 91 09:20:44 -0500 Message-Id: <9105131420.AA12458@ux1.cso.uiuc.edu> From: ahlevy@ux1.cso.uiuc.edu Subject: email privacy policies at universities?? Cc: kadie@eff.org (Carl Kadie) I am interested in presenting a cogent case why email should be private. Accordingly, it would be helpful to me if those of you at universities/colleges which have a defined policy (not your opinion, please, although that is clearly valuable, but not in this context), relating to email privacy send me either a statement of the policy, or the name and address of the person who can provide me with a statement of the policy. Please try to distinguish between privacy of email and censorship on bulletin boards; it is the former I wish to inquire about now. If you do not know if your university has a policy, but if it does have a committee dealing with privacy, I would be interested in the contact person. Thanks for your your help. Allan H. Levy University of Illinois at Urbana-Champaign *************** Allan H. Levy, M.D. Department of Medical Information Science University of Illinois College of Medicine at Urbana-Champaign 506 S. Mathews Urbana IL 61801 (217)333-9181 (voice) (217)333 8868 (FAX) Date: Mon, 13 May 91 11:42:28 EDT From: Joe Brennan Subject: Re: Which Rights? Message-Id: Carl Kadie quoted from the American Library Association's Freedom to Read Statement-- > The freedom to read is essential to our democracy. It is continuously > under attack. Private groups and public authorities in various parts of the > country are working to remove books from sale, to censor textbooks, to label > "controversial" books, to distribute lists of "objectionable" books > or authors, and to purge libraries. ... When the ALA makes statements in this area, they usually intend to defend the librarian's right to manage the collection. Managing includes decisions about which books to acquire and which to discard. Librarians typically oppose special interests who try to bend the collection to meet their agendas. The librarian attempts to create a balanced collection. The problem is that no library can acquire and keep everything. The librarian must constantly make value judgements about books, and the judgement has to weigh heavily the purpose of the particular library. Academic libraries have to support the subjects taught at the college or university; special libraries in other organizations are often highly limited in scope. Public libraries escape that sort of limitation, but usually do not collect any topic in depth and usually discard older books to make way for the new. The relationship of library policy to newsgroups can be carried only so far. Getting all newsgroups is actually a possible goal, unlike getting all books. Discarding old material is standard. Newsgroups seem to me more like mail or speech than a library collection. > [ALA:] These actions apparently rise from a view that our > national tradition of free expression is no longer valid; that censorship and > suppression are needed to avoid the subversion of politics and the corruption > of morals. A topic for another day is whether the First Amendment is really a national tradition, or is to this day a truly radical statement that most Americans do not support without qualifications. > [ALA:] The censors, public and private, assume that they > should determine what is good and what is bad for their fellow citizens. But the librarian does determine what is good and bad for the collection he/she manages. At best this means determining which books are useful to the population being served. Libraries usually take requests but usually reserve the right to decide. Political factors do affect judgement. A librarian may decide to acquire something an influential professor wants, to get the professor's support later. This is difficult area, because the professor's motivation may be a well-informed decision to get the best books into the collection, or a selfish desire to cover his pet subtopic in depth. It is not clear to me what weight the public have on public library decisions. The public librarian may face a difficult ethical choice to select or not select a few things to please influential people (Library board, government and private funding sources), to assure support for other things. > [Carl:] On a more specific note, many academic libraries do carry > Playboy. And they will accept almost any donation (absorbing the > relatively small cost of cataloging and storing the material). Not small. Columbia University Libraries for example estimate acquisition costs over $20 per piece for cataloging and physical preparation. Donors of collections who include cash are more likely to succeed. Gift books are not "free" and are picked over carefully, to see whether the prep cost is worth adding the item. Storage is no joke either. It's been a couple of years since I got near the figures, but when we had to open an Annex storage facility at Columbia, I got a sense of the cost of keeping all the old stuff we have, and I remember being surprised at how much it was. If any practicing librarians are on this list, maybe they have access to typical figures. The costs come to light mainly when buildings have to be expanded or replaced. Public libraries usually keep only current, well-used stuff, and therefore grow very slowly in total size. Even some small colleges weed old books thoroughly. Only research collections keep as much as possible. > [Quoting someone:] I used to be system manager at a mathematics dept. at > ] a big ten school. We were consistently short on disk space (isn't > ] everyone?). For that reason, I decided not to get a newsfeed of > ] alt.sex.pictures... > [Carl:] I see limiting access of a newsgroup based on volume (e.g. > alt.sex.pictures) as much better than limiting access based on content > (e.g. alt.sex, rec.humor.funny.) No, both volume and content matter. A high-volume Mathematics group would be more desirable, in this context, than low-volume groups on miscellaneous subjects. The main object in the case cited would be to get all newsgroups related to the mission of the organization, a Math department. It would be -nice- to get others too, but not essential. I suppose this leads to generalizing that a University-wide system should similarly get first all newsgroups that actually relate to its various missions, and then, second, any others that can be handled. It's probably simpler to just get all of them. If there are space problems, alt.sex.pictures would have to be high on the list of groups to drop, because it's both high volume and silly. Any just-for-fun groups-- and I do enjoy a few immensely-- are in a weak position when space runs short. Agreed, though, that a Good University would have space on some central system to get everything. --Joseph Brennan Date: Sat, 18 May 91 00:33:56 -0500 From: "Carl M. Kadie" Message-Id: <9105180533.AA15472@herodotus.cs.uiuc.edu> Subject: Re: Which Rights? Summary: Newsgroups are already covered by library policy Joe Brennan writes > The relationship of library policy to newsgroups can be carried only so > far. Getting all newsgroups is actually a possible goal, unlike getting > all books. Discarding old material is standard. Newsgroups seem to me > more like mail or speech than a library collection. I would say the the purpose of a library is to circulate material, not just to collect books. At least that is the stated purpose of the academic library that I know the most about. It is true that newsgroups (aka forums, notesfiles, echoes, etc) are not books; rather they are periodicals (or, more precisely, serials). As such, we don't need to make an analogy; they are already covered by library policy (such as the American Library Association's Freedom To Read statement). In support of this assertions I offer three pieces of evidence (detailed information is appended). First, sci.psychology.digest was "selected as one of the best new magazines of 1990 in the Library Journal's annual survey." Second, for a subscription fee, ClariNet offers the same stories that you might read in a printed newspaper. In fact, ClariNet calls itself "the electronic newspaper for the USENET community". Third, according to a note in PACS-L (the Public-Access Computer Systems [for Libraries] forum), some of these "electronic journals" have ISSN numbers. - Carl enclosers: ------- >From: harnad@phoenix.Princeton.EDU (Stevan Harnad) ~Newsgroups: news.admin,news.misc ~Subject: Best Magazines of 1990 Selects Usenet Group Message-ID: <5956@idunno.Princeton.EDU> ~Date: 5 Feb 91 04:31:57 GMT Organization: Princeton University, Princeton, New Jersey sci.psychology.digest Selected As One of 1990's Best Magazines The American Psychological Association's Press Office has just been notified that sci.psychology.digest (PSYCOLOQUY on Bitnet), an electronic journal sponsored by APA and implemented at Princeton, has been selected as one of the best new magazines of 1990 in the Library Journal's annual survey (by Bill Katz, to appear on April 15). This is a tribute to Usenet and the electronic medium too, and we will redouble our efforts to develop the net's vast potential in scholarly communication. Co-Editors: Stevan Harnad Perry London Visiting Fellow Dean Psychology Department Graduate School of Applied and Professional Psychology Princeton University Rutgers University Stevan Harnad Department of Psychology Princeton University harnad@clarity.princeton.edu / harnad@pucc.bitnet / srh@flash.bellcore.com harnad@learning.siemens.com / harnad@elbereth.rutgers.edu / (609)-921-7771 -- Path: m.cs.uiuc.edu!wuarchive!zaphod.mps.ohio-state.edu!casbah.acns.nwu.edu!nucsrl!tellab5!mcdchg!usenet >From: brad@clarinet.com Newsgroups: comp.newprod Subject: ClariNet news to be available over PSI network Summary: Local access to ClariNet feeds in many U.S. cities Message-ID: <63214@mcdchg.chg.mcd.mot.com> Date: 17 May 91 16:58:06 GMT Lines: 78 Approved: usenet@mcdchg.chg.mcd.mot.com ClariNet, the electronic newspaper for the USENET community, announces that feeds of ClariNet's 150 newsgroups are now available from UUPSI, the USENET feeding hub of Performance Systems International, Inc. ClariNet offers an electronic newspaper in USENET format, consisting of UPI wireservice news, sports, finance and technology news, plus Newsbytes computer industry news, syndicated features and our computer stock report. Over a megabyte of news flows daily, updated around the clock. PSI offers dial-up UUCP and dial-up and dedicated TCP/IP networking. Though UUPSI, they offer flat rate mail and news connections with local dial-up in a number of cities for only $75/month. This feed can now include ClariNet news for those who pay subscription fees to ClariNet. Feeds are also available to PSI's TCP/IP customers. The result is much wider low-cost availability of ClariNet news -- if you considered it before but didn't want a long-distance feed, check with us again. ClariNet prices range from $9.95 a year for a syndicated column such as "Dave Barry" to $10/month for Newsbytes daily computer news to $35/month for all publications. Prices are vastly cheaper per person under site licences or educational licences. See ClariNet at USENIX in Nashville, June 11-13, Booth 509 ClariNet feeds are also available through UUNET, Anterior, Portal, EUNet, MSNEN, NSTAR, ClariNet and cooperating customer sites in various areas of North America, Europe, Japan, Australia and New Zealand. For more information contact: ClariNet: info@clarinet.com 1-800-USE-NETS 1-519-884-7473 124 King St. N. Waterloo, ON N2J 2X8 PSI: info@psi.com 1-800-82PSI82 1-703-620-6651 11800 Sunrise Valley Dr. Suite 1100 Reston, VA 22091 The following are areas where PSI offers local dial-up UUCP/USENET service, or areas where such service will be available shortly. PSI also has several other locations where direct TCP/IP connections are available. In addition, several of those nodes have planned dial-up service in the works. These include: Dallas, Denver, Detroit, Minneapolis, Orlando, Pittsburgh, Raleigh, and the city of San Francisco. For a full list, mail any message to pop-info@psi.com. POP Location Availability ------------- -------------- Albany, NY Available Today Atlanta, GA Available Today Boston, MA Available Today Buffalo, NY Available Today Chicago, IL Available Today Corning, NY Available 8/91 Garden City, NY Available 7/91 Hartford, CT Available Today Houston, TX Available Today Islip, NY Available Today Ithaca, NY Available 5/91 Los Angeles, CA Available Today Mountain View, CA Available Today New York, NY (2) Available Today Newark, NJ Available Today Philadelphia, PA Available Today Portland, OR Available Today Reston, VA Available Today Rochester,NY Available Today Santa Clara, CA Available Today Seattle, WA Available 5/91 Stamford, CT Available 6/91 Syracuse, NY Available Today Trenton, NJ Available Today Utica, NY Available 5/91 Westborough, MA Available 5/91 WhitePlains, NY Available Today Path: eff!world!uunet!zaphod.mps.ohio-state.edu!samsung!psuvax1!psuvm!auvm!CORNELLA.BITNET!REBX > From: REBX@CORNELLA.BITNET Newsgroups: bit.listserv.pacs-l Subject: Cataloging electronic journals in paper Message-ID: Date: 16 May 91 21:05:44 GMT Lines: 14 Comments: Gated by NETNEWS@AUVM.AUVM.EDU X-Resent-Date: Thu, 16 May 91 11:21:38 EDT X-Resent-From: REBX@CORNELLA Approved-By: Public-Access Computer Systems Forum ----------------------------Original message---------------------------- I'd like to know if anyone is providing electronic journals or LISTSERV mailings after printing them off as paper copies. Also, is anyone keeping them as e-files and cataloging them as such, for access electronically on local systems? I'm thinking of works such as Postmodern Culture, our own PACS-L listings and Review, or EthnoFORUM, the ethnomusicology digest. Each of these have ISSNs and come out with various schedules. EthnoFORUM is approx. tri-weekly. Randal Baier Southeast Asian Cataloger Cornell University Date: Sun, 19 May 91 14:21:57 -0400 From: kadie (Carl Kadie) Message-Id: <9105191821.AA10037@eff.org> Subject: Which Rights? Summary: A newsgroup system *is* a library Sanjay Kapur writes: > The inescapable conclusion is that the proper place for newsgroups > etc. is the library and not a departmental or university computing > facility. The ALA policy already covers these issues and a Library is > much better suited for handling materials covering a vast range of > topics as Usenet does. The University or departmental computing > facility may operate a usenet facility under contract to and paid for > by the library with overall supervision by a Librarian. This makes it sound as though the Library is a single building or single organization with some kind of a monopoly or franchise on circulating material. In fact, the location and administration of many libraries is now highly distributed. For an example, as a computer science student at the U. of I., sitting at a workstation with a telephone, I can * Use the Internet and search the "card catalog" at the University of California at Berkeley (and at hundreds of other places). If I find a book I want, I can get it via interlibrary loan. * Use LCS (our library computer system) to search the collections of the Morton Grove Public Library (or almost any public library in Illinois). Again I can get books via interlibrary loan. * Use LCS to search the collection of Illinois State University (or almost any academic library in the state). If I want a book, I just give the "charge/mail" command to LCS; the book wil be mailed to my campus mailbox. * Use LCS to search the University's Mathematics library (or any of the dozens of libraries that make up the University of Illinois Library). * Use LCS to search the Department of Computer Science Library. This library is independent of the U of I Library. (Some other departments have independent libraries, too; but most are not on LCS). These independent department libraries are certainly not "operate[d] ... under contract to [or] paid for by the [U. of I] library". As you might imagine, I don't think of the library as a monolithic building or organization. Rather, I think of the Library as a disembodied network. Does the lack of a central library authority mean that the Freedom To Read Statement is obsolete? I hope not. A newsgroup system *is* a library. If you make subscription decisions for other people, you *are* a librarian, even if your degree is in computer science and not library science. (You probably have other jobs too, of course). Please respect and defend your user's Freedom to Read. - Carl >From comp-academic-freedom-talk-request@eff.org Sun May 19 15:01:37 1991 Received: by eff.org (5.61+++/Spike-2.0) id AA10354; Sun, 19 May 91 14:54:23 -0400 From: comp-academic-freedom-talk-request@eff.org Reply-To: comp-academic-freedom-talk@eff.org Precedence: bulk To: comp-academic-freedom-talk Return-Path: Received: from ccmail.sunysb.edu by eff.org (5.61+++/Spike-2.0) id AA10349; Sun, 19 May 91 14:54:20 -0400 Date: Sun, 19 May 1991 14:54 EDT Sender: Sanjay Kapur Subject: Re: Which Rights? Message-Id: <71D2016A10A0B502@ccmail.sunysb.edu> X-Organization: State University of New York, Stony Brook X-Vms-Cc: SKAPUR Status: R >Sender: kadie@eff.org (Carl Kadie) > >Does the lack of a central library authority mean that the Freedom To >Read Statement is obsolete? I hope not. > >A newsgroup system *is* a library. If you make subscription decisions >for other people, you *are* a librarian, even if your degree is in >computer science and not library science. (You probably have other >jobs too, of course). Please respect and defend your user's Freedom >to Read. > >- Carl That is exactly my point: A computer programmer should not be burdened with the task of being a librarian. A Computer Scientist/programmer has not been trained or should be responsible for defending a user's "Freedom to Read". Librarians are trained in these matters. Subscription decisions should therefore be made by professionally trained and experienced librarians. Asking system administrators to make these decisions as well as asking them to defend a user's freedom to read is wrong. It is not their job and should not be their job. Also, I did not mean to imply a monolithic library organization. Sanjay Kapur |Internet: Sanjay.Kapur@sunysb.edu Systems Staff, Computing Services, |Bitnet: SKAPUR@USB State University of New York, |SPAN/HEPnet: 44132::SKAPUR Stony Brook, NY 11794-2400 |Phone:(516)632-8029, FAX:(516)632-8046 Date: Wed, 15 May 91 21:59:46 -0500 From: "Carl M. Kadie" Message-Id: <9105160259.AA03505@herodotus.cs.uiuc.edu> Subject: From Regulations to Rights: The Maturation of Policy Most university policies on computing resources are heavy on prohibitions and light on permissions. (Look, for example, at the policies collected in CAF archive available via anonymous ftp from eff.org in directory academic/widener). I believe that there is a natural evolution from no policy, to an informal policy, to an overly proscriptive policy, to a policy that balances rights and responsibilities. I see this pattern everywhere, even in the evolution of the modern nation; however, I would like to describe a more mundane instance, the evolution of university student policy. Understanding this example should help us predict and guide the course of academic computer policy. For my case study, I've looked at the student policy of the University of Illinois at Urbana-Champaign, a public, land-grant and research university. In the material below, idented paragraphs are quotes [execpt for my comments in square brackets]. The 1904 "Regulations for the Guidance of Undergraduate Students" starts out on a high note: In connecting himself with the University, the student neither looses the rights nor escapes the responsibilities of the citizen. As far as due process, it says that a student can be suspended from any class by the instructor for "sufficient reason" for up to three days, and that such suspensions shall be reported immediately to the President. Here are some other regulations: 35. Smoking is not permitted in any of the public buildings of the University. ... 37. [S]ubjecting fellow-students to indignities of any character is a violation of university discipline. [This is a reference to hazing.] 38. The posting or distributing of advertisements of university occurrences, entertainments, etc, in saloons is forbidden. ... 40. The Council of Administration will summarily discipline any student found guilty of betting, of frequenting saloons, or of becoming intoxicated. ... Meetings In University Buildings ... 44. No society or association may be organized among the students of the University without permission of the Council of Administration, and no change in the character of the regulations of such society or association may be made without such permission. 45. The Council reserves the right to withdraw its authorization from any society of students, if, in its judgment, the well-being of the University requires such action. ... 49. No public entertainment or exhibition may be given by students except by permission of the Council of Administration. After permission is obtained the dates for such entertainments or exhibitions must be entered at the President's office, at least two weeks before their occurrence, and all programs for the same must be approved by the Dean of Undergraduates or, in the case of a women's meeting, by the Dean of Women. The 1908 Regulations are about the same except that they now cover the student newspaper, the Daily Illini. The paper is run "Board of Control" made up of two faculty members (appointed by the Council of Administration), three students (elected by the readership), and editor and business manager (also students). The regulations say: 78. 4. The Board of Control shall consider and decide questions relative to the size, price, contents, and general policy of the paper. By 1911, the Daily Illini had become a not-for-profit corporation (subject to the general authority of the Council of Administration). The trustees of the corporation were three faculty (appointed by the Council) and three elected students. The trustees selected (and could fire) staff and decided the relative space given to various classes of contents. By 1930, the rules had changed a bit: 62. Organizations with Secret Memberships -- A student who is a member of any student organization which maintains a secret membership or who is affiliated which such an organization is subject to University discipline. ... [Smoking was prohibited not just from University buildings, but also from the University grounds] ... 64. Use of Intoxicating Liquors; Betting -- (a) Any student who is guilty of betting, illegally using intoxicating liquors [this was during Alcohol Prohibition], or immoral conduct is subject to dismissal from the University. ... 66. Civil Offenses -- Any student fined or imprisoned by the civil authorities thereby becomes liable to University discipline. ... Living Quarters 70. Living Quarters of Students -- No unmarried undergraduate student may occupy living quarters in which there does no reside some person in general charge approved by the University. ... 74. The Woman's Building Reserved for Women Students -- The Woman's building may not be used for regular meetings of clubs and similar organizations, unless they are composed exclusively of women of the University. 75. Initiations on the Campus -- Student organizations, including literary societies, are permitted to use University buildings and grounds for the purpose of conducting initiations only on condition that all horseplay and the like shall be eliminated from the programs of such initiations. ... [The number of Daily Illini's board members (formally trustees) was up to eight, four appointed faculty and four students. A quorum was made up of four members and tie votes were decided by the Council of Administration.] ... APPENDIX II - LIBRARY REGULATIONS Use of Books -- The Library is primarily for free reference use. In 1932 the size of the regulations was cut from 77 pages to 14 pages. The introductory paragraph about being a citizen was cut. All of the disciplinary rules were condensed to one rule: 27. Basis for Discipline -- A student may be disciplined for any conduct prejudicial to the best interests of the University. Any student fined or imprisoned by the civil authorities becomes liable to University discipline. [The no-smoking-on-campus (even outdoors) rule also survived the cut; as did the rule requiring supervision of undergraduate living quarters.] At about the same time the Regulations was cut, a new booklet was created. This was the Code of Student Affairs. [The earliest copy of the Code that I could find in the library was from 1950]. By 1938, smoking was allowed outside, in smoking rooms, and at dances. By 1944, the "Basis of Discipline" had gotten a tiny bit more specific: 26. Basis for Discipline -- The University reserves the right to exclude at any time students whose conduct is deemed undesirable or prejudicial to the University community's best interest, example of which, without excluding others, are gambling, visiting or loitering in the vicinity of places of ill-repute, violations of law involving moral turpitude, intoxication, and disorderly conduct. Students may be subject to discipline for other sufficient cause. The 1950 Regulations are almost identical to the 1944 Regulations. The biggest difference is that smoking was allowed in offices and first-floor hallways. The 1950 Code on Student Affairs provides more information. It details the organization of the student senate and regulates student organizations. For example, it says: Article 4 - Unrecognized Organizations -- V. Section 13 -- Forbidden Organizations -- Organizations with purposes or practices contrary to morality, to education, or to public or University welfare, or with a secret membership will not be permitted to exist on the campus. 214z The chapter on University Facilities says that student organization may use University rooms for purposes approved by the Committee on Student Affairs. Also, that noncommercial notices (including room-for-rent, etc) may be posted to University bulletin boards if the notice is signed and dated. In 1956, the size of the "Basis of Discipline" section in the Regulations tripled as two paragraphs prohibiting intoxicants from undergraduate housing and from the activities of undergraduate organizations were added. In 1958, an administrative order of the President set down rules for visiting speakers. The rules are prefaced with this: The University of Illinois Statutes (Section 39a) state, "It is the policy of the University to maintain and encourage full freedom within the law, of inquiry, discourse, teaching, research, and publication ..." Consistent with this policy the Senate Committee on Visiting Speakers will maintain the tradition of full freedom of discourse for visiting speakers within the limitations imposed by law, rules of the Board of Trustees, University regulations, and the welfare of the University. [With classic doublethink, it then probibits full discource:] 1. Subversive Organizations. The Illinois Statutes provide [...]: No Trustee, official, instructor, or other employee of the University of Illinois shall extend to any subversive, seditious, and un-American organization, or to its representatives, the use of any facilities of the University for the purpose of carrying on, advertising, or publicizing the activities of such organization." [It also requires that student organizations get approval before having in a visiting speaker.] In 1959, the "Basis of Discipline" again increased as three paragraphs were added: Unauthorized mass demonstrations are not approved by the University. In the event of any unauthorized assembly, any student involved as an inciter, leader, *or as a follower* [the "*"'s mark italics in the original] is a participant and is subject to University discipline. Any student who alters or mutilates any official document of the University, i.e. identification card, program card, charge slip, receipt, transcript of credits, etc., is subject to dismissal. Any student withholding information or giving false information on his application for admission or readmission may become ineligible for admission to the University or subject to dismissal. Also in 1959, the purpose of the library changed. Before it was for free reference use, now: The Library exists primarily in order to circulate books to the faculty and student body of the University. The house regulations also changed in 1959, unmarried undergraduate students were required to live in housing approved by the University. The Code on Undergraduate Student Affairs of 1963 starts out: "The guiding principle underlying any student regulation of the University of Illinois is its contribution to the best interests of the majority of the students of the University." It says that recognition of a student organization can be "refused or withdrawn at any time because of policies or practices inimical [meaning hostile or harmful] to education or to the best interests of the University, excessive fees or dues, inactivity or noncompliance with University regulations." Organizations with secret memberships are still forbidden. In 1961, the Trustees added this to the rules on visiting speakers: 2. Political Speakers. University building and grounds shall not be used for political purposes except for candidates for nomination or election to state-wide or national offices may appear in person to make political address. In the 1964 Regulations, mass demonstrations where still prohibited. Some picketing and distribution of printed material was, however, allowed. Distribution of printed material was allowed, for example, if: 1) Individuals or groups responsible for distribution of printed materials must be identified 2) Distribution of such materials inside buildings is prohibited, except at properly authorized meetings and then only with the consent of the group sponsoring the meeting. [...] Between 1960 and 1964, the administration of discipline also changed, for the first time, students were guaranteed: b. Notification -- (1) The student is notified in writing in advance of the time and place of his hearing before the Subcommittee, of the precise nature of the charges against him, of his rights, and of the possible penalties that might be imposed. (2) The Student is informed in writing of the decision of the Subcommittee. c. Admissible Evidence -- (1) The student is invited to review in advance the evidence that will be introduced at his hearing. (2) -- the Subcommittee excludes from its consideration any evidence except that presented at the hearing. d. Appeals of Subcommittee Decisions -- (1) The Senate Committee on Discipline may hear cases appealed to it. [...] paragraph b.) (2) Any student seeking an appeal from the decision of a Subcommittee on Student Discipline is granted that privilege. By 1971, more student rights were recognized. Seniors could live were they pleased and no student's housing had to be supervised by someone approved by the University. In addition, all students were allowed to regulate their own hours, subject to house rules and procedures. The "Basis of Discipline" section was now almost five pages long. The University still forbid any "conduct deemed undesirable" including loitering in the vicinity of places of ill repute. Unauthorized demonstrations were no longer banned, but disruptive or coercive actions at such demonstrations were. (In fact, you could lose your federal financial aid if you took part in a disruptive demostration.) In September of 1971 everything changed. The Chancellor approved the Statement on Individual Rights. For the first time since 1931 students were explicitly recognized as citizens. The Statement begins: STATEMENT ON INDIVIDUAL RIGHTS -- I. Preamble -- A student at the University of Illinois at the Urbana-Champaign campus is a member of the University community of which all members have at least the rights and responsibilities common to all citizens, free from institutional censorship; [...] Any rules or regulations considered necessary to govern the interaction of the members of the University community are intended to reflect values which the community members must share in common if the purpose of the community to advance education and to enhance the educational development of students is to be fulfilled. These values include the freedom to learn, free and open expression within limits that do not interfere with the rights of others, free and disinterested inquiry, intellectual honesty, sustained and independent search for truth, the exercise of critical judgment, respect for the dignity of others, and personal and institutional openness to constructive change. The following enumeration of rights shall not be construed to deny or disparage others retained by these individuals in their capacity as members of the campus community or as citizens of the community at large. [Freedom of expression was guaranteed:] A. Discussion and expression of all views is permitted within the University subject only to requirements for the maintenance of order. [...] B. Members and organizations in the University community may invite and hear any persons of their own choosing, subject only to reasonable requirements on time, place, and manner for use of University facilities. C. The campus press and media are to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content. The right to peaceful protest was also recognized, as was privacy. Even within University-owned dorms and offices, a search warrant would be required before a search could be made. Student were allowed to form organizations for any purpose and the membership lists of such organizations could be kept confidential. Students were allowed to invite any person of their choosing to speak, "The University's control of campus facilities should not be used as a device of censorship. It should be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed either by the sponsoring group or the institution." The rules for handout materials changed (kind of): A. Any individual may distribute leaflets, handbills, samples, and other type materials without prior approval [but not inside some buildings. Also you can't litter.] [...] C. Those distributing such materials should be aware that nothing in this policy in any way relieves them of personal responsibility for violation of civil laws. In 1972 the Code on Campus Affairs and the Regulations were combined into one booklet. The first part, Code, included the Statement on Individual Rights. The second part, Regulation, included provisions, some of which contradicted the code. For example, the code still required that groups distritbuting printed handout material be identified. Also, it still allowed the University to punish students for any "sufficient cause" including, but not limited to "loitering in the vicinity of places of ill repute." In 1973 the contradictions were fixed. Rules about handout material were removed from the Regulation part of the booklet. The any "sufficient cause" paragraph was replaced by a new section: It is in the best interest of the University of Illinois and all persons who are students or who may desire to become students at the Urbana-Champaign campus that the basis for discipline at this campus be clearly defined. The University discipline system recognizes that not all violations of local, state, and federal law effect the interests of the University community, and that discipline system accepts jurisdiction only in those instances in the University community's interest is substantially affected. The University discipline system may take action only upon the following bases: 1. Students Currently Enrolled a. Academic violations b. Violations of the the University vehicular or bicycle regulations c. Appeals and referrals from student judiciaries arising from violations of regulations. d. All actions that occur on University premises or property and that result in violation of local, state, or federal law or Board of Trustees' action or any University rule of conduct e. All actions that violate any of the laws or regulations cited in Section d above and that substantially affect the University community's interest, even though such actions do no occur on University property f. All cases referred to the discipline system following summary suspension by the Chancellor. Since 1973, there has been little need for change. In 1983 the purpose of the library changed again. Now it "exists primarily to circulate material [was "books"] to the faculty and student body of the University. More recently, smoking was banned indoors if smokers and nonsmokers might both be there. Over time the University's has given more and more protection to freedom of expression, freedom of association, and privacy. Also, the University has gone from vague prohibitions against any "conduct deemed undesirable" to explicitly listing prohibited conduct. (It says that clearly defined policies are in everyone's best interest). Today, on this campus, the Directory of NCSA can order a search of a users disk space if he thinks that it might contain clues about email that "attempt[ed] to disadvantage NCSA". I think this policy is literally 20 years behind the times. Inevitably computer policy will come into line with general University code. I hope that unstanding the history of University policy will make this happen sooner rather than later. Date: Thu, 16 May 91 11:20:44 -0500 From: "Carl M. Kadie" Message-Id: <9105161620.AA16521@m.cs.uiuc.edu> Subject: Re: From Regulations to Rights: The Mat [I also posted "Regulation to Rights" to uiuc.general, a local newsgroup. I'm reposting this reply with permission of the author. - Carl] /* Written 8:47 am May 16, 1991 by paul@uxc.cso.uiuc.edu in m.cs.uiuc.edu:uiuc.general */ /* ---------- "Re: From Regulations to Rights: The Mat" ---------- */ kadie@herodotus.cs.uiuc.edu (Carl M. Kadie) writes: (Lots of interesting words deleted down to the last paragraphs) >Today, on this campus, the Director of NCSA can order a >search of a users disk space if he thinks that it might contain >clues about email that "attempt[ed] to disadvantage NCSA". I think >this policy is literally 20 years behind the times. > >Inevitably computer policy will come into line with general University >code. I hope that understanding the history of University policy will >make this happen sooner rather than later. One thing that may help them change their mind is pressure from the marketplace. After every NCSA job posting in misc.jobs.offered, I post a followup offering my "working at UofI" posting that includes a description of the NCSA policy. For those interested, the latest version is in uxc.cso.uiuc.edu:pub/working_at_UofI via anon-FTP. An email policy such as NCSA's is about as popular with computer professionals as urine tests are at Motorola. /pbp -- Paul Pomes, Computing Services Office University of Illinois - Urbana /* End of text from m.cs.uiuc.edu:uiuc.general */