From caf-talk Caf Sep 8 12:30:52 1992 Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk From: kadie@eff.org (Carl M. Kadie) Subject: Article 3--Re: policy Message-ID: <1992Sep8.163018.8554@eff.org> Date: Tue, 8 Sep 1992 16:30:18 GMT 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 (192.77.172.4), 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 =