Newsgroups: alt.comp.acad-freedom.talk
Path: eff!world!uunet!wupost!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct28.144805.20903@ms.uky.edu>
Organization: The Puzzle Palace, UKentucky
References: <1991Oct26.210722.29271@eff.org>
Date: Mon, 28 Oct 1991 14:48:05 GMT
Lines: 74

kadie@eff.org (Carl M. Kadie) writes:
>
>Interpretation: "Pending action on the charges, the status of a [user]
>should not be altered, or his [or her] right to be present on the
>campus and to attend classes [and use computers] 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." [Joint Statement]
>

I would explicitly append "user files and/or data" to the list of exceptions.
In many instances, the danger affects user's files/data more than their "safety
and well-being", and those files/data are not, in many cases, "university
property".

>Interpretation: Computer sites that offer newsgroups should select
>newsgroups the way that traditional libraries select magazines and
>books.

I would append "In some cases, the physical resources available may
preclude the application of these selection criteria."  After all,
if I only have 250MB of disk space for news, the binaries
groups are going to get shafted, regardless of the user demand for
them.  There is a precedent in library science for a resource-based
criterion; the library here at UK has been forced to store rarely-used
volumes in a cave outside of the area, due to space considerations.

>Interpretation: "Every [academic computer] system should have a
>comprehensive policy on the selection of [information] materials."
>[ALA Workbook for Selection Policy Writing]
>
>Interpretation: "Materials should not be proscribed or removed because
>of partisan or doctrinal disapproval" [Article 2, Library Bill of
>Rights].

Add "However, the mission of each facility should be paramount; this may
affect the selection criteria."  If I manage a news system for a research
lab, I may only wish to support the comp.* and sci.* hierarchies.  This
would be well within my rights as an administrator and the mission of the
facility.  After all, the mere existence of news service does not imply
an obligation to carry every newsgroup users may desire.

>Interpretation: "All university published and financed [user]
>publications should explicitly state [...] that the opinions there
>expressed are not necessarily those of the college, university, or
>student body. [Joint Statement]

Add "This means that 'electronic publishers' are pursing an individual
interest; their actions will be neither supported nor curtailed by the
facility on an arbitrary basis."  I think that many users unconsciously 
assume some level of support from the administration that does not exist.  
The volume of "He's a jerk, cancel his account" email sent to administrators 
is an indication of that misconception.

I would also add something like this:

Premise: Many different elements of society participate in electronic
media.  Every effort should be made to ensure the peaceful coexistence
of the different objectives and policies of these elements.

Interpretation: Electronic media can reach almost every level of society.
There are particpants from all areas; the corporate, academic, and inter-
national sectors are all represented en masse.  What is acceptable, protected 
speech in an academic environment may not be appropriate in a commercial 
environment.  Users and administrators at academic sites should work together 
to recognize this, tailoring their actions accordingly.  This is not intended 
as any restriction or curtailment of academia; it it simply a societal fact of 
life.  User education is essential in this area; that is the obligation of
the adminstrative staff at each site.

-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct28.155055.24308@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct26.210722.29271@eff.org> <1991Oct28.144805.20903@ms.uky.edu>
Date: Mon, 28 Oct 1991 15:50:55 GMT
Lines: 78

morgan@ms.uky.edu (Wes Morgan) writes:

draft>Interpretation: "Pending action on the charges, the status of a [user]
draft>should not be altered, or his [or her] right to be present on the
draft>campus and to attend classes [and use computers] suspended, except for
draft>reasons relating to his physical or emotional safety and well being,
draft>or for reasons relating to the safety and well-being of students,
draft>faculty, or university property." [Joint Statement]

>I would explicitly append "user files and/or data" to the list of exceptions.
>In many instances, the danger affects
>user's files/data more than their "safety
>and well-being", and those files/data are not, in many cases, "university
>property".

I think this is a good suggestion.

  ---------------------------
draft>Interpretation: Computer sites that offer newsgroups should select
draft>newsgroups the way that traditional libraries select magazines and
draft>books.

[...]
>I would append "In some cases, the physical resources available may
>preclude the application of these selection criteria." 
[...]

I don't think this addition is necessary. Library selection criteria
include direct and indirect costs.

  ---------------------------
draft>Interpretation: "Materials should not be proscribed or removed because
draft>of partisan or doctrinal disapproval" [Article 2, Library Bill of
draft>Rights].

[..]
>Add "However, the mission of each facility should be paramount; this may
>affect the selection criteria."  
[...]

I don't think this addition is necessary. Library selection criteria
include the relevence of material to the library's missions.

  ---------------------------
draft>Interpretation: "All university published and financed [user]
draft>publications should explicitly state [...] that the opinions there
draft>expressed are not necessarily those of the college, university, or
draft>student body. [Joint Statement]

>Add "This means that 'electronic publishers' are pursing an individual
>interest; their actions will be neither supported nor curtailed by the
>facility on an arbitrary basis."  I think that many users unconsciously 
>assume some level of support from the administration that does not exist.  
>The volume of "He's a jerk, cancel his account" email sent to administrators 
>is an indication of that misconception.

Maybe we need something just for complaints about email.

  ---------------------------
>I would also add something like this:

>Premise: Many different elements of society participate in electronic
>media.  Every effort should be made to ensure the peaceful coexistence
>of the different objectives and policies of these elements.
[...]

Beyond user education what would this mean? Can you given an example
of a situation were it would apply?

The only similar policy I can think of is the U. of Illinois rule that
prohibits demonstrations that substantially interfer with the rights
of others. (That policy, however, is not in the "academic freedom"
part of the Student Code.)

  - Carl
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <9110281737.AA22428@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
Date: 28 Oct 91 07:37:37 GMT
Approved: usenet@eff.org
Lines: 70


[Original Draft Statement deleted]

After looking over the Draft Statement on Computers and Academic Freedom, I
must say I'm fairly pleased with its principles and interpretations.  I think
that most of the conclusions are solid, and I look forward to reading the
ensuing discussion.  However, at first glance, I do have a problem with Part
IV, Principle 2 (BTW, Carl, you may want to apply a numbering system to the
principles and interpretations for ease of reference).  The principle reads,

"The principles of academic freedom applicable to student and faculty
publication in traditional media, apply to student and faculty publication in
computer media."

Some initial thoughts and objections about Interpretation 1 of the above
principle:

     A.  Traditional media are usually edited.  Faculty publication often goes
to a peer review board before published by a professional journal;
"traditional" student publications, especially at private institutions, are
often reviewed prior to publication.  In fact, most of the editorial staff of
_The Lantern_, OSU's student daily, has just resigned or been fired over this
very topic.

     Since traditional publications are often/usually edited, I wouldn't want
to apply this standard to electronic communication, thus opening the door for
review by various authorities.

     B.  I really don't think that Usenet articles are publications per se.
We've already agreed that they probably are protected by the free speech
clause of the First Amendment; I'm not sure that they're protected by the free
press clause.  Rather, I see articles as akin to announcements on kiosks or
bulletin boards:  opportunities to read and be read, but not necessarily
protected as publications.

     C.  Treating Usenet articles as student publications may require
universities to continue funding Usenet even when not fiscally sound, under
the doctrine that the state is not the unfettered master of all it creates.
Usenet is not a right; like driving a car or swilling a beer, it's a
privelege.

    D.  It seems that the protections desired under this principle can be
gained under application of other more compelling principles, such as
Principle 1 ("The principles of academic fredom apply...") and Principle 4
("The principles of intellectual freedom apply...").

I think the other principles are well stated, and the interpretations stemming
therefrom are valid and reasonable.

(BTW #2 - Carl, is the first interpretation listed under Part IV supposed to
go with the principle listed under Part III?)


Bob











Bob Solon, rsolon@dsac.dla.mil
Administrative Information Branch -- "We Code, You Explode!!"
Directorate of Resource Management Systems (APCAPS)
DLA Systems Automation Center, DSAC-BCC       (614) 238-8256  AV 850-8256


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: edguer@alpha.ces.cwru.edu (Aydin Edguer)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <9110281749.AA22397@sentinel.CES.CWRU.Edu>
Sender: edguer@alpha.ces.cwru.edu
Organization: EFF mail-news gateway
References: <9110281737.AA22428@dsacg2.dsac.dla.mil>
Date: 28 Oct 91 17:49:13 GMT
Approved: usenet@eff.org
Lines: 8

>      B.  I really don't think that Usenet articles are publications per se.
> We've already agreed that they probably are protected by the free speech
> clause of the First Amendment;

No, this has not been agreed on.  This has never been decided by a court of
law.  Many people feel that the press model is more appropriate.

Aydin Edguer

Path: eff!iWarp.intel.com|uunet!wupost!tulane!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct28.172859.23708@ms.uky.edu>
Date: 28 Oct 91 17:28:59 GMT
References: <1991Oct26.210722.29271@eff.org> <1991Oct28.144805.20903@ms.uky.edu> <1991Oct28.155055.24308@eff.org>
Organization: The Puzzle Palace, UKentucky
Lines: 71

kadie@eff.org (Carl M. Kadie) writes:
>>I would append "In some cases, the physical resources available may
>>preclude the application of these selection criteria." 
>[...]
>
>I don't think this addition is necessary. Library selection criteria
>include direct and indirect costs.

Yes, but it's a much more amorphous concept when applied to online
services.  Disk space usage, for instance, can vary widely on a daily
basis.  Libraries do not usually have to consider the available shelf
space on a daily basis.

>draft>Interpretation: "All university published and financed [user]
>draft>publications should explicitly state [...] that the opinions there
>draft>expressed are not necessarily those of the college, university, or
>draft>student body. [Joint Statement]
>
>>Add "This means that 'electronic publishers' are pursing an individual
>>interest; their actions will be neither supported nor curtailed by the
>>facility on an arbitrary basis."  I think that many users unconsciously 
>>assume some level of support from the administration that does not exist.  
>>The volume of "He's a jerk, cancel his account" email sent to administrators 
>>is an indication of that misconception.
>
>Maybe we need something just for complaints about email.
>

I wasn't talking about "complaints about email".  I'm talking about the
people who see a Usenet posting which they find offensive, and then flood
the administration at that site with email demanding the poster's restriction.
That is a direct result of the identification of a user's relationship with
his host system, and the misconception that that host system can restrict
or remove his ability to post.

>>Premise: Many different elements of society participate in electronic
>>media.  Every effort should be made to ensure the peaceful coexistence
>>of the different objectives and policies of these elements.
>[...]
>
>Beyond user education what would this mean? Can you given an example
>of a situation were it would apply?
>

Sure.  Several commerical sites prohibit political discussions on their
systems.  Some government facilities (notably the military) prohibit their
employees from participating in political activities *as employees* (i.e.,
no campaigning in uniform). Well, Usenet stamps a big, bright header line
that explicitly associates the poster with his organization.  That, in
some opinions, might violate the "no politics regulation".

Some companies may want only the sales staff to provide third parties
with product information.  Suppose that someone posts some incredibly
incorrect information about another poster's product.  That employee
may find himself on the horns of a dilemma with regards to "how to handle
this situation on the net".

Of course, we're all familiar with nondisclosure agreements.  I've seen
several of those broken on the net; I've seen posters disseminate infor-
mation which they could only have received *after* signing nondisclosure
agreements.  That's certainly a potential problem area.

I'm not attempting to address specific, known problems here; I'm just 
trying to lay the groundwork for dealing with potential problem areas
in the future.


-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <1991Oct28.184413.28676@eff.org>
Organization: The Electronic Frontier Foundation
References: <9110281737.AA22428@dsacg2.dsac.dla.mil>
Date: Mon, 28 Oct 1991 18:44:13 GMT
Lines: 96

nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:

draft>"The principles of academic freedom applicable to student and faculty
draft>publication in traditional media, apply to student
draft> and faculty publication in
draft>computer media."

>     A.  Traditional media are usually edited.  Faculty publication often goes
>to a peer review board before published by a professional journal;
>"traditional" student publications, especially at private institutions, are
>often reviewed prior to publication.  In fact, most of the editorial staff of
>_The Lantern_, OSU's student daily, has just resigned or been fired over this
>very topic.

Some faculty publications are reviewed and some aren't. (Some
newsgroups are moderated some are not.)  The important thing is that
it is not university that does the reviewing-for-publiction.

The Joint statement explictly says that student publications should
not be subject to prior review. I think most universities, even
private ones, respect this element of academic freedom.


>     Since traditional publications are often/usually edited, I wouldn't want
>to apply this standard to electronic communication, thus opening the door for
>review by various authorities.

Some are edited some are not (I include flyers and pamphlets at
sutdent publications). Again the important think is that it
should not be the univeristy doing the editing.

>     B.  I really don't think that Usenet articles are publications per se.

I think it is reasonable to call usenet articles publications. Here is
the OED2 definition:

--------------start------------
publication (p&revv.blI'keIS&schwa.n). Also 5 pupplicacion.  The action of
publishing, or that which is published. 
  1 a The action of making publicly known; public notification or announcement;
promulgation.
  b spec. in Law.   Notification or communication to those concerned, or to a
limited number regarded as representing the public.  Cf. PUBLISH v. 1 b.
  2 a The issuing, or offering to the public, of a book, map, engraving,
photograph, piece of music, or other work of which copies are multiplied by
writing, printing, or any other process; also, the work or business of
producing and issuing copies of such works.
  b A work published; a book or the like printed or otherwise produced and
issued for public sale.
  The first quotation may belong to 2. 
  c attrib., as publication date, day.
  3 The making of a thing public or common property; confiscation.  (A
Latinism.)   Obs. rare.
---------------------end-------------------

>We've already agreed that they probably are protected by the free speech
>clause of the First Amendment; I'm not sure that they're protected by the free
>press clause. 

Legally, it doesn't matter. The Supreme Court has merged both clauses
into the Pubilc Forum Doctrine.

> Rather, I see articles as akin to announcements on kiosks or
>bulletin boards:  opportunities to read and be read, but not necessarily
>protected as publications.

I consider kiosk notices publications.

>     C.  Treating Usenet articles as student publications may require
>universities to continue funding Usenet even when not fiscally sound, under
>the doctrine that the state is not the unfettered master of all it creates.
>Usenet is not a right; like driving a car or swilling a beer, it's a
>privelege.

Traditional student publications can be shutdown when not fiscally
sound.  In fact they be can shutdown for any but a few proscribed
reasons.

- Carl









>Bob Solon, rsolon@dsac.dla.mil
>Administrative Information Branch -- "We Code, You Explode!!"
>Directorate of Resource Management Systems (APCAPS)
>DLA Systems Automation Center, DSAC-BCC       (614) 238-8256  AV 850-8256

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct28.185302.29101@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct26.210722.29271@eff.org> <1991Oct28.144805.20903@ms.uky.edu> <1991Oct28.155055.24308@eff.org> <1991Oct28.172859.23708@ms.uky.edu>
Date: Mon, 28 Oct 1991 18:53:02 GMT
Lines: 45

morgan@ms.uky.edu (Wes Morgan) writes:

draft>publications should explicitly state [...] that the opinions there
draft>expressed are not necessarily those of the college, university, or
draft>student body. [Joint Statement]

>I wasn't talking about "complaints about email".  I'm talking about the
>people who see a Usenet posting which they find offensive, and then flood
>the administration at that site with email demanding the poster's restriction.

How about telling them that the opinions are not necessarily those of
the university and that univeristy policy prohibits censorship.

wes>Premise: Many different elements of society participate in electronic
wes>media.  Every effort should be made to ensure the peaceful coexistence
wes>of the different objectives and policies of these elements.

[examples:]

>Sure.  Several commerical sites prohibit political discussions on their
>systems.  Some government facilities (notably the military) prohibit their
>employees from participating in political activities *as employees* (i.e.,
>no campaigning in uniform). Well, Usenet stamps a big, bright header line
>that explicitly associates the poster with his organization.  That, in
>some opinions, might violate the "no politics regulation".

>Some companies may want only the sales staff to provide third parties
>with product information.  Suppose that someone posts some incredibly
>incorrect information about another poster's product.  That employee
>may find himself on the horns of a dilemma with regards to "how to handle
>this situation on the net".

>Of course, we're all familiar with nondisclosure agreements.  I've seen
>several of those broken on the net; I've seen posters disseminate infor-
>mation which they could only have received *after* signing nondisclosure
>agreements.  That's certainly a potential problem area.


But what do any of these restictions have to do with an academic computer
system?

- Carl
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!world!uunet!wupost!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct28.205404.2462@ms.uky.edu>
Organization: The Puzzle Palace, UKentucky
References: <1991Oct28.155055.24308@eff.org> <1991Oct28.172859.23708@ms.uky.edu> <1991Oct28.185302.29101@eff.org>
Date: Mon, 28 Oct 1991 20:54:04 GMT
Lines: 55

kadie@eff.org (Carl M. Kadie) writes:
>morgan@ms.uky.edu (Wes Morgan) writes:
>
>wes>Premise: Many different elements of society participate in electronic
>wes>media.  Every effort should be made to ensure the peaceful coexistence
>wes>of the different objectives and policies of these elements.
>
>But what do any of these restictions have to do with an academic computer
>system?


Most universites reach into every sector of society.  For instance,
the most widely-known service of UK is the College of Agriculture's
Cooperative Extension Service.  Most Kentuckians get their understanding
of UK from their County Agricultural Agent.  Since this service reaches
into private farms, manufacturing concerns, and corporate agriculture on
an equal basis, they have been forced to adjust their policies and prac-
tices to respect the different needs and goals (and rights) of the peo-
ple and businesses they serve.  There are some services available only
to particular groups; there are some research activities only open to
particular groups.  They have adjusted themselves to their audience,
even though they operate under the academic umbrella of the University.

Usenet news reaches into every sector of
society.  Most media which have such a wide reach tend to "adjust them-
selves to their audience"; Usenet should be no different.  There are
situations which affect these different areas in different ways; Usenet
can certainly be a catalyst for those situations.  Since Usenet serves
(by default, not by any intention) as a bridge between the academic and
private sectors, it is natural that we concern ourselves with this inter-
action.

Scenario:  A graduate student involved in research funded by a private com-
pany uses his *academic* computer system to post a problem or question to
Usenet.  His description of his problem gives a competing company a view
of his research, and they start implementing it as well.  Suddenly, all
involved parties are fighting in a lawsuit, and the news site, as the medium
involved, is in the thick of it.  In a scaled-down version of this scenario,
the university loses the research grant, due to that student's indiscretion,
and looks for a scapegoat.  Usenet would be a likely candidate for such 
service as a scapegoat.

I'm not say that this has happened, nor that it will happen.  I'm only saying
that Usenet, as an electronic bridge between the academic and private sectors,
may have to make adjustments.

Of course, this may just be a "cover your butt" perspective......but then,
again, I've seen some of the ill-informed, closed-minded decisions to which
bureaucrats are susceptible.  


-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.135647.3152@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct28.155055.24308@eff.org> <1991Oct28.172859.23708@ms.uky.edu> <1991Oct28.185302.29101@eff.org> <1991Oct28.205404.2462@ms.uky.edu>
Date: Tue, 29 Oct 1991 13:56:47 GMT
Lines: 25

morgan@ms.uky.edu (Wes Morgan) writes:

[...]
>Scenario:  A graduate student involved in research funded by a private com-
>pany uses his *academic* computer system to post a problem or question to
>Usenet.  His description of his problem gives a competing company a view
>of his research, and they start implementing it as well.  Suddenly, all
>involved parties are fighting in a lawsuit, and the news site, as the medium
>involved, is in the thick of it.  In a scaled-down version of this scenario,
>the university loses the research grant, due to that student's indiscretion,
>and looks for a scapegoat.  Usenet would be a likely candidate for such 
>service as a scapegoat.
[...]

The grad student might also violate his nondisclosure agreement over
the phone or at the coffeebreak of a conference. I don't think
University telecommunications, the conference organizers, or the
Netnews administrator need to get involved with the enforcement of
nondisclosure agreements.

- Carl

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.151912.5910@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct26.210722.29271@eff.org>
Date: Tue, 29 Oct 1991 15:19:12 GMT
Lines: 26

Here is a possible interpretation for confidentiality:

draft> Principle: The principles of intellectual freedom developed by
draft> libraries should be applied to the administration of information
draft> material on computers. These principles are explained in such American
draft> Library Association documents as the Library Bill of Rights, the
draft> Freedom to Read Statement, and the Intellectual Freedom Statement.

Interpretation: 'The ethical responsibilities of [sys admins] ...
protect the privacy of [computer] users.  Confidentiality extends to
"information sought or received, and materials consulted, borrowed or
acquired"... .'

[To see the ALA statements on confidentiality send email to
archive-server@eff.org. Include the lines:
  send library-policies confidentiality.1.ala
  send library-policies confidentiality.2.ala
  send acad-freedom README
]

- Carl


-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: I Move the Previous Question
Message-ID: <9110291603.AA10127@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
Date: 29 Oct 91 06:03:47 GMT
Approved: usenet@eff.org
Lines: 71



In reply to the mail from <kadie@eff.org>...
>  ---------------------------
>draft>Interpretation: Computer sites that offer newsgroups should select
>draft>newsgroups the way that traditional libraries select magazines and
>draft>books.
>
>[...]
>>I would append "In some cases, the physical resources available may
>>preclude the application of these selection criteria."
>[...]
>
>I don't think this addition is necessary. Library selection criteria
>include direct and indirect costs.
>
Why not?  Many university libraries function in such a way that departments
get money to spend for library acquisitiions; the library itself merely
becomes the physical repository for the data selected by someone else.  I
would specifically include something about physical limitation, as well as a
clause addressing who does the selction, i.e., libraries or dpeartments/users.

>  ---------------------------
>draft>Interpretation: "Materials should not be proscribed or removed because
>draft>of partisan or doctrinal disapproval" [Article 2, Library Bill of
>draft>Rights].
>
>[..]
>>Add "However, the mission of each facility should be paramount; this may
>>affect the selection criteria."
>[...]
>
>I don't think this addition is necessary. Library selection criteria
>include the relevence of material to the library's missions.
>
A.  Would you quote the relevant document, please?

B.  See above; a library's mission may simply be the central storage/retrieval
of data selected by some other entity.  Such a mission would certainly affect
selection criteria.


On a general note:  will the final draft of the CAF Statement be put to a vote
of readers?  Or do the EFF moguls get to make the final determination of
content, no matter how much the readers of CAF* complain?  In other words,
does it matter what we say about the draft before it is "promulgated?"  Will
we, as users, have the option of "signing" the document?  I see this as sort
of like a Declaration of Computer Independence, with the readers of CAF* as
a modern-day equivalent of the Second Continental Congress.  Although we're
conducting our business via e-mail/Usenet, we're still acting as a
deliberative body that is debating and modifying a document that we hope we
can adopt.  What we need is the following:

     A.  A chair to coordinate motions and resolve disputes.

     B.  A method of determining what constitutes a passing vote. One
suggestion would be a relative standard:  a motion passes if it carries by a
majority; each vote will have a time limit, with ballots promulgated by the
chair and counted by a seperate secretary or counting software independent of
the chair.

     C.  An agenda.  Perhaps each part of the document could be debated in
turn, with one final vote to ratify at the end.  either way, we need some
orderly way to determine the order of business.


Bob Solon, DSAC-BCC
Administrative Information Branch -- APCAPS

"We Code, You Explode!!"


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <9110291610.AA11110@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
Date: 29 Oct 91 06:10:05 GMT
Approved: usenet@eff.org
Lines: 30



In reply to the mail from <kadie@eff.org>...
-------------------------------------------------------------------------------
>>     C.  Treating Usenet articles as student publications may require
>>universities to continue funding Usenet even when not fiscally sound, under
>>the doctrine that the state is not the unfettered master of all it creates.
>>Usenet is not a right; like driving a car or swilling a beer, it's a
>>privelege.
>
>Traditional student publications can be shutdown when not fiscally
>sound.  In fact they be can shutdown for any but a few proscribed
>reasons.
>
>- Carl
>
Then you are explicitly extending the ability to show down Usenet or a subset
thereof for the same reasons that "traditional" student publications are shut
down, right?

What are these reasons?  Are there any documents that would purport to list
some or all of them?



Bob Solon, rsolon@dsac.dla.mil
Administrative Information Branch -- "We Code, You Explode!!"
Directorate of Resource Management Systems (APCAPS)
DLA Systems Automation Center, DSAC-BCC       (614) 238-8256  AV 850-8256


Path: eff!iWarp.intel.com|uunet!cs.utexas.edu!asuvax!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.160350.8232@ms.uky.edu>
Date: 29 Oct 91 16:03:50 GMT
References: <1991Oct28.185302.29101@eff.org> <1991Oct28.205404.2462@ms.uky.edu> <1991Oct29.135647.3152@eff.org>
Organization: The Puzzle Palace, UKentucky
Lines: 24

In article <1991Oct29.135647.3152@eff.org> kadie@eff.org (Carl M. Kadie) writes:
>
>The grad student might also violate his nondisclosure agreement over
>the phone or at the coffeebreak of a conference. I don't think
>University telecommunications, the conference organizers, or the
>Netnews administrator need to get involved with the enforcement of
>nondisclosure agreements.
>

I agree completely that these people do not NEED to get involved.
In this litigation-happy world, however, they may be FORCED to
get involved.  Subpoenas are difficult to ignore.  Did the University
of Missouri "get involved in" the Craig Neidorf case?  (I don't know
if they did or not; I'm just asking)

As I've said in every posting on this thread, I'm not suggesting that
these things will happen, or even that they should happen.  I just think
that we should recognize that, in this imperfect network world, these
are potential problems that we should address.

-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: I Move the Previous Question
Message-ID: <9110291603.AA10127@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
Date: 29 Oct 91 06:03:47 GMT
Approved: usenet@eff.org
Lines: 71



In reply to the mail from <kadie@eff.org>...
>  ---------------------------
>draft>Interpretation: Computer sites that offer newsgroups should select
>draft>newsgroups the way that traditional libraries select magazines and
>draft>books.
>
>[...]
>>I would append "In some cases, the physical resources available may
>>preclude the application of these selection criteria."
>[...]
>
>I don't think this addition is necessary. Library selection criteria
>include direct and indirect costs.
>
Why not?  Many university libraries function in such a way that departments
get money to spend for library acquisitiions; the library itself merely
becomes the physical repository for the data selected by someone else.  I
would specifically include something about physical limitation, as well as a
clause addressing who does the selction, i.e., libraries or dpeartments/users.

>  ---------------------------
>draft>Interpretation: "Materials should not be proscribed or removed because
>draft>of partisan or doctrinal disapproval" [Article 2, Library Bill of
>draft>Rights].
>
>[..]
>>Add "However, the mission of each facility should be paramount; this may
>>affect the selection criteria."
>[...]
>
>I don't think this addition is necessary. Library selection criteria
>include the relevence of material to the library's missions.
>
A.  Would you quote the relevant document, please?

B.  See above; a library's mission may simply be the central storage/retrieval
of data selected by some other entity.  Such a mission would certainly affect
selection criteria.


On a general note:  will the final draft of the CAF Statement be put to a vote
of readers?  Or do the EFF moguls get to make the final determination of
content, no matter how much the readers of CAF* complain?  In other words,
does it matter what we say about the draft before it is "promulgated?"  Will
we, as users, have the option of "signing" the document?  I see this as sort
of like a Declaration of Computer Independence, with the readers of CAF* as
a modern-day equivalent of the Second Continental Congress.  Although we're
conducting our business via e-mail/Usenet, we're still acting as a
deliberative body that is debating and modifying a document that we hope we
can adopt.  What we need is the following:

     A.  A chair to coordinate motions and resolve disputes.

     B.  A method of determining what constitutes a passing vote. One
suggestion would be a relative standard:  a motion passes if it carries by a
majority; each vote will have a time limit, with ballots promulgated by the
chair and counted by a seperate secretary or counting software independent of
the chair.

     C.  An agenda.  Perhaps each part of the document could be debated in
turn, with one final vote to ratify at the end.  either way, we need some
orderly way to determine the order of business.


Bob Solon, DSAC-BCC
Administrative Information Branch -- APCAPS

"We Code, You Explode!!"


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <9110291610.AA11110@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
Date: 29 Oct 91 06:10:05 GMT
Approved: usenet@eff.org
Lines: 30



In reply to the mail from <kadie@eff.org>...
-------------------------------------------------------------------------------
>>     C.  Treating Usenet articles as student publications may require
>>universities to continue funding Usenet even when not fiscally sound, under
>>the doctrine that the state is not the unfettered master of all it creates.
>>Usenet is not a right; like driving a car or swilling a beer, it's a
>>privelege.
>
>Traditional student publications can be shutdown when not fiscally
>sound.  In fact they be can shutdown for any but a few proscribed
>reasons.
>
>- Carl
>
Then you are explicitly extending the ability to show down Usenet or a subset
thereof for the same reasons that "traditional" student publications are shut
down, right?

What are these reasons?  Are there any documents that would purport to list
some or all of them?



Bob Solon, rsolon@dsac.dla.mil
Administrative Information Branch -- "We Code, You Explode!!"
Directorate of Resource Management Systems (APCAPS)
DLA Systems Automation Center, DSAC-BCC       (614) 238-8256  AV 850-8256


Path: eff!iWarp.intel.com|uunet!cs.utexas.edu!asuvax!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.160350.8232@ms.uky.edu>
Date: 29 Oct 91 16:03:50 GMT
References: <1991Oct28.185302.29101@eff.org> <1991Oct28.205404.2462@ms.uky.edu> <1991Oct29.135647.3152@eff.org>
Organization: The Puzzle Palace, UKentucky
Lines: 24

In article <1991Oct29.135647.3152@eff.org> kadie@eff.org (Carl M. Kadie) writes:
>
>The grad student might also violate his nondisclosure agreement over
>the phone or at the coffeebreak of a conference. I don't think
>University telecommunications, the conference organizers, or the
>Netnews administrator need to get involved with the enforcement of
>nondisclosure agreements.
>

I agree completely that these people do not NEED to get involved.
In this litigation-happy world, however, they may be FORCED to
get involved.  Subpoenas are difficult to ignore.  Did the University
of Missouri "get involved in" the Craig Neidorf case?  (I don't know
if they did or not; I'm just asking)

As I've said in every posting on this thread, I'm not suggesting that
these things will happen, or even that they should happen.  I just think
that we should recognize that, in this imperfect network world, these
are potential problems that we should address.

-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Path: eff!iWarp.intel.com|uunet!spool.mu.edu!tulane!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.163743.15765@ms.uky.edu>
Date: 29 Oct 91 16:37:43 GMT
Article-I.D.: ms.1991Oct29.163743.15765
References: <1991Oct26.210722.29271@eff.org> <1991Oct29.151912.5910@eff.org>
Organization: The Puzzle Palace, UKentucky
Lines: 32

In article <1991Oct29.151912.5910@eff.org> kadie@eff.org (Carl M. Kadie) writes:
>Here is a possible interpretation for confidentiality:
>
>Interpretation: 'The ethical responsibilities of [sys admins] ...
>protect the privacy of [computer] users.  Confidentiality extends to
>"information sought or received, and materials consulted, borrowed or
>acquired"... .'
>

This may be difficult to implement.  Certain types of information may, by
default, require public dissemination.  For instance, if a system
provides database services via NFS to an individual's workstation, the
fact that he is using a particular database is available to all users
(via perusal of the mount tables or the /etc/exports file).  This infor-
mation *must* be publicly accessible; this is a requirement of
the NFS software.  

In fact, any user of a Unix system can easily log the actions of any other 
user. Any user could, for instance, track my usage of telnet and ftp, 
building a log of the sites to which I connected.  This could be done with 
a 10-line shell script by any user. 

Many online resources automatically keep logs of their usage as well; 
that's a completely separate issue.  These automatic logs should be
protected, to insure the user's privacy.  I don't think that
administrators can effectively prevent other users from performing such
monitoring.

-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: thakur@zerkalo.harvard.edu (Manavendra K. Thakur)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <9110291908.AA07692@zerkalo.harvard.edu>
Sender: thakur@zerkalo.harvard.edu
Organization: EFF mail-news gateway
References: <1991Oct28.205404.2462@ms.uky.edu>
Date: 29 Oct 91 19:08:36 GMT
Approved: usenet@eff.org
Lines: 60

>>>>> On Mon, 28 Oct 1991 20:54:04 GMT, morgan@ms.uky.edu (Wes Morgan) said:

> Scenario: A graduate student involved in research funded by a
> private com- pany uses his *academic* computer system to post a
> problem or question to Usenet.  His description of his problem gives
> a competing company a view of his research, and they start
> implementing it as well.  Suddenly, all involved parties are
> fighting in a lawsuit, and the news site, as the medium involved, is
> in the thick of it.  In a scaled-down version of this scenario, the
> university loses the research grant, due to that student's
> indiscretion, and looks for a scapegoat.  Usenet would be a likely
> candidate for such service as a scapegoat.

Nope, this is completely wrong.  If the university has any halfway
decent sense of responsibility, it would never agree to accept funding
from a source that either didn't want to reveal itself (e.g. CIA
funding to political scientists) or didn't want the results of the
research to be published.

If the research being done is truly one where the funders don't want
to give "a competing company a view of his research" then the funders
should have the research performed in their own R&D lab, not in an
academic university setting.

I would submit that if any university administrator accepts funding
with these kinds of absurd conditions, then they are undercutting
their own academic freedom and destroying the mission of the
university as a marketplace of ideas where the free exchange of
information is strongly encouraged.

Note that in real life, professors do sign non-disclosure agreements
(NDAs) but I have never heard of a case in academia where a corporate
sponsor insisted that the very existence of the research project be
kept secret.  Most likely, NDAs cover specific implementation details
that are propietary technology of the corporate sponsor (as opposed to
the overall research goals that require use of the propietary
technology).

And if a grad student *were* to reveal information covered by an NDA,
it is unlikely that a huge lawsuit would develop.  Most corporate
sponsors of research want to maintain good working relationships with
universities, and vice versa.  Launching a massive lawsuit would be
very counterproductive, and indeed the corporate sponsors might lose
more than they gain.

Finally, public dissemination of corporate "family jewels" are perhaps
the only thing that would trigger the type of massive lawsuit that you
describe.  And it is highly unlikely that any corporate sponsor is
going to be willing to give out their most secretive family jewels to
university researchers, at least not without the most stringent
safeguards on them.  And if the safeguards are that stringent, it is
likely that the safeguards will impinge on academic freedom.  It would
behoove the university provost or other high ranking official to
reject out of hand any such constraints on the free exchange of ideas
in an academic setting.

Manavendra K. Thakur			 Internet: thakur@zerkalo.harvard.edu
Systems Programmer, High Energy Division BITNET:   thakur@cfa.BITNET
Harvard-Smithsonian Center for		 DECNET:   CFA::thakur
Astrophysics				 UUCP:	   ...!uunet!mit-eddie!thakur

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.191507.14564@eff.org>
Organization: The Electronic Frontier Foundation
References: <9110291603.AA10127@dsacg2.dsac.dla.mil>
Date: Tue, 29 Oct 1991 19:15:07 GMT
Lines: 65

draft>Interpretation: Computer sites that offer newsgroups should select
draft>newsgroups the way that traditional libraries select magazines and
draft>books.

wes>>[...]
wes>>I would append "In some cases, the physical resources available may
wes>>preclude the application of these selection criteria."
wes>>[...]

carl>>I don't think this addition is necessary. Library selection criteria
carl>>include direct and indirect costs.

nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:

>Why not?  Many university libraries function in such a way that departments
>get money to spend for library acquisitiions; the library itself merely
>becomes the physical repository for the data selected by someone else.  I
>would specifically include something about physical limitation, as well as a
>clause addressing who does the selction, i.e., libraries or dpeartments/users.

I don't object so just to a clause about "physical limitation", but I
do object to the notion that such limitations might "preclude the
application of the selection criteria". They should not preclude the
selection criteria; they should be part of the selection criteria.

The ALA selection policy guidelines go into detail
about how to authorize the selector.

If a department, research group, or user is using disk space to store
data, that should be independent of the machine selection policy.
If anyone can suggest a better way to phrase:

draft> Principle: The principles of intellectual freedom developed by
draft> libraries should be applied to the administration of information
draft> material on computers. These principles are explained in such American
draft> Library Association documents as the Library Bill of Rights, the
draft> Freedom to Read Statement, and the Intellectual Freedom Statement.

To make this clear, please do.

---------------------
>A.  Would you quote the relevant document [about releveance], please?

From the ALA selection workbook:

---quote---
CRITERIA.  In terms of the subject matter covered, your policy
will include criteria, and the application of criteria, relevant
to your objectives, excellence (artistic, literary, etc.),
appropriateness to level of user, superiority in treatment of
controversial issues, and ability to stimulate further
intellectual and social development.  Consider authenticity,
appropriateness, interest, content, and circumstances of use.
--end quote---

To get the whole selection handbook, send email to archive-server@eff.org.
Include the line:
  send library-policies selection-workbook.ala

Or ftp to ftp.eff.org:pub/academic/library/selection-workbook.ala.

- Carl
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct29.191922.14652@eff.org>
Organization: The Electronic Frontier Foundation
References: <9110291603.AA10127@dsacg2.dsac.dla.mil>
Date: Tue, 29 Oct 1991 19:19:22 GMT
Lines: 25

nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:

>On a general note:  will the final draft of the CAF Statement be put to a vote
>of readers?  Or do the EFF moguls get to make the final determination of
>content, no matter how much the readers of CAF* complain?  In other words,
>does it matter what we say about the draft before it is "promulgated?"  Will
>we, as users, have the option of "signing" the document?  I see this as sort
>of like a Declaration of Computer Independence, with the readers of CAF* as
>a modern-day equivalent of the Second Continental Congress.  Although we're
>conducting our business via e-mail/Usenet, we're still acting as a
>deliberative body that is debating and modifying a document that we hope we
>can adopt.  What we need is the following:

No plans have been made for creation or promulgation.

Anyone interested in organizing the effort should maybe post a
statement of interest. Lurkers welcome.

- Carl



-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom
Message-ID: <1991Oct29.192533.14910@eff.org>
Organization: The Electronic Frontier Foundation
References: <9110291610.AA11110@dsacg2.dsac.dla.mil>
Date: Tue, 29 Oct 1991 19:25:33 GMT
Lines: 102

nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:
[...]
>Then you are explicitly extending the ability to show down Usenet or a subset
>thereof for the same reasons that "traditional" student publications are shut
>down, right?

>What are these reasons?  Are there any documents that would purport to list
>some or all of them?
[...]

I don't expect extra rights for netnews authors.

Here are some documents:

=================
CAF Law Archive
[...]
The archive is accessible via anonymous ftp and email. Ftp to
ftp.eff.org (192.88.144.3). It is in directory "pub/academic/law".
For email access, send email to archive-server@eff.org. Include the
line:
      caf-law <filenames>
where <filenames> is a list of the files that you want. File README is
[...]

=================
stanley-v-magrath
-----------------
Comments from _Public Schools Law: Teachers' and Students' Rights_ 2nd
Ed. by Martha M. McCarthy and Nelda H. Cambron-McCabe, published in
1987 by Allyn and Bacon, Inc. It says, in part, "[a]lthough school
boards are not obligated to support student papers, if a given
publication was originally created as a free speech forum, removal of
financial or other school board support can be construed as an
unlawful effort to stifle free expression."

=================
student-publications.control
-----------------
Comments from _School Law: Teachers' and Students' Rights_ by Martha
M. McCarthy and Nelda H. Cambron-McCabe. It says, in part, "school
authorities cannot withdraw support from a student publication simply
because of displeasure with the content" and "the content of a
school-sponsored paper that is established as a medium for student
expression cannot be regulated more closely than a nonsponsored
paper".

=================
constraints.constitutional
-----------------
Comments from _A Practical Guide to Legal Issues Affecting College
Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D.
Gehring.  (College Administration Publication, 1985).  Discusses the
constitutional constraints on public univeristies including the
requires for freedom of expression, freedom against unreasonable
searches and seizures, due process, specific rules.

=================
constraints.contractual
-----------------
Comments from _A Practical Guide to Legal Issues Affecting College
Teachers_. Explains that University Code is part of the contract
between the student and school. The University can be liable for a
breach of the contract (i.e. for not following its own rules).

=================
rust-v-sullivan
-----------------
The decision and decent for the so-called abortion information gag
rule case. The decision explictly mentions universities as a place
where free expression is so important that gag rules would not be
allowed.

=================
san-diego-committee-v-gov-bd
-----------------
Excerpts from San Diego Committee v.  Governing Bd., 790 F.2d 1471
(1986).  A decision by an appellate court that applied the Supreme
Court's Public Forum Doctrine.

=================
student-publications.libel
-----------------
From _Public School Law: Teachers' and Student' Rights_ by Martha
McCarthy and Nelda Cambron-McCabe on what to do about libel in student
publications.

=================
uwm-post-v-u-of-wisconsin
-----------------
The full text of UWM POST v. U. of Wisconsin. This recent district
court ruling goes into detail about the difference betwen protected
offensive expression and illegal harassment. It even mentions email.

=================
=================
Last update
Tue Oct 29 13:54:16 EST 1991

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.193843.15406@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct28.185302.29101@eff.org> <1991Oct28.205404.2462@ms.uky.edu> <1991Oct29.135647.3152@eff.org> <1991Oct29.160350.8232@ms.uky.edu>
Date: Tue, 29 Oct 1991 19:38:43 GMT
Lines: 48

morgan@ms.uky.edu (Wes Morgan) writes:

>I agree completely that these people do not NEED to get involved.
>In this litigation-happy world, however, they may be FORCED to
>get involved.  Subpoenas are difficult to ignore.  Did the University
>of Missouri "get involved in" the Craig Neidorf case?  (I don't know
>if they did or not; I'm just asking)

I think subpoena are covered.

draft> III. Privacy

draft> Principle: Personal files on university's computers (for example,
draft> files in a user's home directory) should have the same privacy
draft> protection as personal files in university-assigned space in an
draft> office, lab, or dormitory (for example, files in a graduate student's
draft> desk). Private communications via computer should have the same
draft> protections as private communications via telephone.

Your campus code certainly has rules for subponea. If not,
here is the Joint Statment:

---start quote--
  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,
---end quote--

>As I've said in every posting on this thread, I'm not suggesting that
>these things will happen, or even that they should happen.  I just think
>that we should recognize that, in this imperfect network world, these
>are potential problems that we should address.

I think the CAF Statement will be better if it is concise and refering
to a larger body of policy and law.

- Carl


-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct29.194237.15771@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct26.210722.29271@eff.org> <1991Oct29.151912.5910@eff.org> <1991Oct29.163743.15765@ms.uky.edu>
Date: Tue, 29 Oct 1991 19:42:37 GMT
Lines: 30

>In article <1991Oct29.151912.5910@eff.org> kadie@eff.org (Carl M.
Kadie) writes:

>>Here is a possible interpretation for confidentiality:
>>
>>Interpretation: 'The ethical responsibilities of [sys admins] ...
>>protect the privacy of [computer] users.  Confidentiality extends to
>>"information sought or received, and materials consulted, borrowed or
>>acquired"... .'

morgan@ms.uky.edu (Wes Morgan) writes:

>This may be difficult to implement.  Certain types of information may, by
>default, require public dissemination.  For instance, if a system
>provides database services via NFS to an individual's workstation, the
>fact that he is using a particular database is available to all users
>(via perusal of the mount tables or the /etc/exports file).  This infor-
>mation *must* be publicly accessible; this is a requirement of
>the NFS software.  

I think Wes has found a flaw in the library policy. Taken literally it
would require librarians to put your book in a plain-brown wrapper so
that no one could see what you borrowed.

Can anyone suggest a more reasonble (or constrained) confidentialy
policy?

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: nbc2134@dsacg2.dsac.dla.mil (Robert F Solon)
Subject: Re: I Move the Previous Question
Message-ID: <9110292030.AA27450@dsacg2.dsac.dla.mil>
Sender: nbc2134@dsacg2.dsac.dla.mil
Organization: EFF mail-news gateway
References: <1991Oct29.191922.14652@eff.org>
Date: 29 Oct 91 19:30:25 GMT
Approved: usenet@eff.org
Lines: 19

[Call for formal deliberative review deleted]

Carl Kadie writes:
> 
> No plans have been made for creation or promulgation.
> 
> Anyone interested in organizing the effort should maybe post a
> statement of interest. Lurkers welcome.
> 
> - Carl
> 
> 
So what's the point? Why did you put a draft togethor, why are you
asking for comments, and what will happen to this document?  I'd be
willing to act as chair of a deliberative review, but only after
we're told what the Statement is going to be used for.

Bob


Path: eff!iWarp.intel.com|uunet!ns-mx!pyrite.cs.uiowa.edu
From: jones@pyrite.cs.uiowa.edu (Douglas W. Jones,201H MLH,3193350740,3193382879)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Promulgating the CAF statement
Message-ID: <8856@ns-mx.uiowa.edu>
Date: 29 Oct 91 21:09:33 GMT
References: <1991Oct29.191922.14652@eff.org>
Sender: news@ns-mx.uiowa.edu
Lines: 27

From article <1991Oct29.191922.14652@eff.org>,
by kadie@eff.org (Carl M. Kadie):
> nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:
> 
>>On a general note:  will the final draft of the CAF Statement be
>>put to a vote of readers?
> 
> No plans have been made for creation or promulgation.

The ultimate success of the Computers and Academic Freedom document depends
on whether or not the principles it advocates are adopted by the academic
institutions on the net.  A vote of the readership of this forum could be
useful in convincing reluctant university computer center administrators of
the degree of consensus behind the CAF document, but that is about all such
a vote would accomplish.

I have already forwarded a copy of the CAF Statement to the Director of
Academic Computer Services at the University of Iowa, with my personal
recommendation that we adopt something like it as policy.  I told him about
the recent flap in Washington, and said that having a policy in place in
advance would be a wise idea just in case such a flap comes up here.

I would recommend that others interested in these kinds of matters take
similar unilateral action instead of worrying about USENET votes and
similar ventures.
					Doug Jones
					jones@cs.uiowa.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct29.205315.17917@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Oct29.191922.14652@eff.org> <9110292030.AA27450@dsacg2.dsac.dla.mil>
Date: Tue, 29 Oct 1991 20:53:15 GMT
Lines: 32

>Carl Kadie writes:

>> No plans have been made for creation or promulgation.
>> 
>> Anyone interested in organizing the effort should maybe post a
>> statement of interest. Lurkers welcome.

nbc2134@dsacg2.dsac.dla.mil (Robert F Solon) writes:

>So what's the point? Why did you put a draft togethor, why are you
>asking for comments, and what will happen to this document?  

I don't mean to suggest that I don't want a policy created or
promugated. I'm just reporting that no plans have been made.  It's up
to us to make such plans.

>I'd be
>willing to act as chair of a deliberative review, but only after
>we're told what the Statement is going to be used for.

>Bob

Bob, what is your experience with academic computing? Are you a member
of an academic community (student, faculty, staff, administration,
etc) now?

- Carl


-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: FFDMG@ALASKA.bitnet (Dean Gottehrer)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <199110300740.AA12030@eff.org>
Sender: FFDMG%ALASKA.BITNET@CORNELLC.cit.cornell.edu
Organization: EFF mail-news gateway
Date: 29 Oct 91 13:40:35 GMT
Approved: usenet@eff.org
Lines: 31

Personally I like the library brand of confidentiality.  Circulation records
are confidential.  No one is entitled to know what books I borrow.  Similarly,
no one should know what newsgroups I read, what information I retrieve, etc.
That said, if there are places where a record of my use must be made public as
a condition of using the software or the database or whatever, the model I
would use to deal with that is one used in gathering information for the
government.  Put a notice on it.  Tell the user that a record is being made of
the user's use and that record will be public.  Tell the user in advance of
the use and then the user can decide whether or not to go ahead and use under
those conditions.  To be safe, you probably want a signed acknowledgement from
the user of the conditions of the use.  Also tell the user that those who do
not agree with the policy in adance will not be able to use the software or
database.

As for what to do with the computers and academic freedom document developed
on CAF, I suggest that we pass it along to the folks at the American
Association of University Professors and ask them to consider adopting a
policy that will speak to computers and academic freedom.  They are the
authors of the Joint Statement and they have been the guardians of academic
freedom at American universities for more than a few decades.  A statement by
them would also carry more punch than anything we could figure out how to
adopt through this group.  The difference is that they have a procedure to
censure universities that violate academic freedom.  Rather than attempt to
come to any decision where a vote is taken, I would urge Carl to keep the
draft and the notes posted in response to it until we finish this thread
(assuming that we ever will) and pass all of that along to the AAUP people for
their benefit in drafting a policy the AAUP could adopt.

Best,
Dean Gottehrer
Anchorage, Alaska

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: SKAPUR@ccmail.sunysb.edu (Sanjay Kapur)
Subject: Re: I Move the Previous Question
Message-ID: <9C2BD44A804018B1@ccmail.sunysb.edu>
Sender: SKAPUR@ccmail.sunysb.edu
Reply-To: Sanjay Kapur <skapur@ccmail.sunysb.edu>
Organization: EFF mail-news gateway
Date: 29 Oct 91 22:19:00 GMT
Approved: usenet@eff.org
Lines: 23

>> 
>So what's the point? Why did you put a draft togethor, why are you
>asking for comments, and what will happen to this document?  I'd be
>willing to act as chair of a deliberative review, but only after
>we're told what the Statement is going to be used for.

It seems quite obvious what the purpose of such a statement would be:

It will be used as a club to bash system administrators.


--------
Disclaimer: I am in a dark mood today.

>
>Bob
>

  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


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!iWarp.intel.com|uunet!europa.asd.contel.com!darwin.sura.net!mojo.eng.umd.edu!russotto
From: russotto@eng.umd.edu (Matthew T. Russotto)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct30.050017.8234@eng.umd.edu>
Date: Wed, 30 Oct 91 05:00:17 GMT
Organization: College of Engineering, Maryversity of Uniland, College Park
References: <9C2BD44A804018B1@ccmail.sunysb.edu>

In article <9C2BD44A804018B1@ccmail.sunysb.edu> Sanjay Kapur <skapur@ccmail.sunysb.edu> writes:
>>> 
>>So what's the point? Why did you put a draft togethor, why are you
>>asking for comments, and what will happen to this document?  I'd be
>>willing to act as chair of a deliberative review, but only after
>>we're told what the Statement is going to be used for.
>
>It seems quite obvious what the purpose of such a statement would be:
>
>It will be used as a club to bash system administrators.
>
>  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

System Administrator:  n.  1) One who wishes to exercise arbitrary and
capricious absolute power over the system he controls, but be able to point
to anonymous and/or unavailable 'higher ups' when he makes or implements an
unpopular decision, or when his users challenge his actions.
2) A bureaucrat in charge of a computer system

-- 
Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu
 .sig continuing construction after a brief lull due to budget cuts
Just say NO to police searches and seizures.  Make them use force.
(not responsible for bodily harm resulting from following above advice)

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: SKAPUR@ccmail.sunysb.edu (Sanjay Kapur)
Subject: Re: I Move the Previous Question
Message-ID: <240C90EA7E4040AE@ccmail.sunysb.edu>
Sender: SKAPUR@ccmail.sunysb.edu
Reply-To: Sanjay Kapur <skapur@ccmail.sunysb.edu>
Organization: EFF mail-news gateway
Date: 30 Oct 91 14:32:00 GMT
Approved: usenet@eff.org
Lines: 30

>From: russotto@eng.umd.edu (Matthew T. Russotto)
>In article <9C2BD44A804018B1@ccmail.sunysb.edu> Sanjay Kapur <skapur@ccmail.sunysb.edu> writes:
>>>> 
>>>So what's the point? Why did you put a draft togethor, why are you
>>>asking for comments, and what will happen to this document?  I'd be
>>>willing to act as chair of a deliberative review, but only after
>>>we're told what the Statement is going to be used for.
>>
>>It seems quite obvious what the purpose of such a statement would be:
>>
>>It will be used as a club to bash system administrators.
>>
>>  Sanjay Kapur                        |Internet:    Sanjay.Kapur@sunysb.edu
>
>System Administrator:  n.  1) One who wishes to exercise arbitrary and
>capricious absolute power over the system he controls, but be able to point
>to anonymous and/or unavailable 'higher ups' when he makes or implements an
>unpopular decision, or when his users challenge his actions.
>2) A bureaucrat in charge of a computer system
>
>-- 
>Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu

As Matthew's remarks above confirm, the bashing I fear has already started.

  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


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct30.150340.19350@eff.org>
Organization: The Electronic Frontier Foundation
References: <199110300740.AA12030@eff.org>
Date: Wed, 30 Oct 1991 15:03:40 GMT
Lines: 40

On confidentiality

FFDMG@ALASKA.bitnet (Dean Gottehrer) writes:

>Personally I like the library brand of confidentiality.  Circulation records
>are confidential.  No one is entitled to know what books I borrow.  Similarly,
>no one should know what newsgroups I read, what information I retrieve, etc.

Should/can confientiality extend to what programs you run? To
whether you are signed on or not.

Here is a list of information that is available about others on a
typical Unix computer. 

Does the xxx have an account?
  (finger, passwd file, .../home/xxx directory)
How long has xxx been signed on?
  (finger, w)
What programs is xxx runing?
  (ps -aux, w, top)
Who has been running "cat" lately?
  (lastcomm)
How much mail does xxx have in his or her incoming mailbox?
When was it last read?
   (l- /var/spool/mbox/xxx)

I'm sure there are many others.

I don't want to see finger closed down. Programs such as "top" and "ps
-aux" are very useful at finding out who is hogging the system. On the
other hand, I don't want people to know what Netnews material I read
or who my email correspondents are.

On the third hand, I can't think of a good simple rule.

- Carl

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct30.153518.19993@eff.org>
Organization: The Electronic Frontier Foundation
References: <199110300740.AA12030@eff.org>
Date: Wed, 30 Oct 1991 15:35:18 GMT
Lines: 48

FFDMG@ALASKA.bitnet (Dean Gottehrer) writes:
[...]
>As for what to do with the computers and academic freedom document developed
>on CAF,

I concur with a previous post that we should develop it using
parliamentary procedure. I would think the best procedure would be
modified for use on the net. On the plus side, the net allows many to
"speak" at once. You can even have votes in parallel. On the minus
side, it will take days for minor votes to be taken and (if Usenet
tradition is followed) a month for a major vote to be taken. Has
anyone had experience with complicated email decision making?

I assume that the final vote will be a major vote on the finished CAF
Statement. If a majority votes for the Statement, I suggest reporting
this as "A majority of CAF discussion participants endorse the
Statement" rather than "The CAF discussion participants endorse the
Statement." In other words, even a majority of participants should not
claim to speak for everyone. I don't want anyone to feel that they
should quit the list because they didn't support the Statement.

> I suggest that we pass it along to the folks at the American
>Association of University Professors and ask them to consider adopting a 
>policy that will speak to computers and academic freedom.
[...]

I've been in contact with one AAUP official. I'm trying to
get on-line copies of more of their statments.

>Rather than attempt to 
>come to any decision where a vote is taken, I would urge Carl to keep the 
>draft and the notes posted in response to it until we finish this thread
>(assuming that we ever will) and pass all of that along to the AAUP people for>their benefit in drafting a policy the AAUP could adopt.
[...]

The notes from this thread are available via email. Send email to
archive-server@eff.org. Include the line:
  send acad-freedom caf-statement

If the AAUP gets involved, I'd rather give them a finished statement.
(They, of course, may choose to modify it, but at least they'd
have a good starting place.)

- Carl

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct30.170419.23217@eff.org>
Organization: The Electronic Frontier Foundation
References: <9C2BD44A804018B1@ccmail.sunysb.edu> <1991Oct30.050017.8234@eng.umd.edu>
Date: Wed, 30 Oct 1991 17:04:19 GMT
Lines: 23

In article <9C2BD44A804018B1@ccmail.sunysb.edu> Sanjay Kapur
<skapur@ccmail.sunysb.edu> writes:

[...]
>>It seems quite obvious what the purpose of such a statement would be:
>>
>>It will be used as a club to bash system administrators.
[...]

russotto@eng.umd.edu (Matthew T. Russotto) writes:

>System Administrator:  n.  1) One who wishes to exercise arbitrary and
>capricious absolute power over the system he controls,
[...]

I hope that a good policy will be helpful in reducing conflict between
users and sys admins.

- Carl

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!eff-gate!usenet
From: SKAPUR@ccmail.sunysb.edu (Sanjay Kapur)
Subject: Re: I Move the Previous Question
Message-ID: <42C2F521FE4018B1@ccmail.sunysb.edu>
Sender: SKAPUR@ccmail.sunysb.edu
Reply-To: Sanjay Kapur <skapur@ccmail.sunysb.edu>
Organization: EFF mail-news gateway
Date: 30 Oct 91 18:12:00 GMT
Approved: usenet@eff.org
Lines: 31

>I hope that a good policy will be helpful in reducing conflict between
>users and sys admins.
>Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com

It will not be good policy unless it also limits what a "user" can do and 
puts down simple rules like:
1) The user will not attempt to break security.  If the user discovers 
   security holes, the user will report such holes immediately to the system 
   administrator.  
2) The user will act "responsibily" so as to allow maximum use of 
   the machine by a maximum number of authorized users i.e. one user will 
   not hog the system.  
   An example of acting responsibily is that if the machine is slow, 
   and the user wants to play a computer game, the user will lower the cpu 
   run time priority before playing the game e.g. by using the "nice" 
   command in unix. 
   An example of irresponsibility is hogging disk space on a system without 
   disk quotas.
   Another example of irresponsibility is using a terminal/workstation to play 
   games while there is a queue of users waiting to use the machine for 
   projects/home works etc.

The above two rules would cover the main areas of conflicts between "users" 
and "system administrators" and a policy is not "good" unless these two 
issues are dealt with properly.

  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


Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct30.190136.26359@eff.org>
Organization: The Electronic Frontier Foundation
References: <42C2F521FE4018B1@ccmail.sunysb.edu>
Date: Wed, 30 Oct 1991 19:01:36 GMT
Lines: 37

Carl Kadie wrote:

>I hope that a good policy will be helpful in reducing conflict between
>users and sys admins.

SKAPUR@ccmail.sunysb.edu (Sanjay Kapur) writes:

[...]
>It will not be good policy unless it also limits what a "user" can do and 
>puts down simple rules like:
>1) The user will not attempt to break security.  If the user discovers 
>   security holes, the user will report such holes immediately to the system 
>   administrator.  
>2) The user will act "responsibily" so as to allow maximum use of 
>   the machine by a maximum number of authorized users i.e. one user will 
>   not hog the system.  
[...]

I would expect a school's computer policy would have rules such as
these (maybe a little more detailed). Nothing in the Draft preclude
creation of such rules.

Speaking for myself, I'm not especially interested in creating a
complete model policy. I'm more interested in concisely expressing the
principles of academic freedom as they apply to computers. Such a
Statement should be very useful to policy makers, but it will be
comprehensive in the sense that it will tell them exactly what rules
to created.

In this way the CAF Statement would be like the Library Bill of
Rights, the Joint Statement on Rights and Freedom of Students, and the
U.S. Bill of Rights.

- Carl
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!world!uunet!europa.asd.contel.com!darwin.sura.net!mojo.eng.umd.edu!russotto
From: russotto@eng.umd.edu (Matthew T. Russotto)
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct30.193352.5477@eng.umd.edu>
Date: Wed, 30 Oct 91 19:33:52 GMT
Organization: College of Engineering, Maryversity of Uniland, College Park
References: <240C90EA7E4040AE@ccmail.sunysb.edu>

In article <240C90EA7E4040AE@ccmail.sunysb.edu> Sanjay Kapur <skapur@ccmail.sunysb.edu> writes:

>>>It seems quite obvious what the purpose of such a statement would be:
>>>
>>>It will be used as a club to bash system administrators.
>>>
>>>  Sanjay Kapur                        |Internet:    Sanjay.Kapur@sunysb.edu
>>
>>System Administrator:  n.  1) One who wishes to exercise arbitrary and
>>capricious absolute power over the system he controls, but be able to point
>>to anonymous and/or unavailable 'higher ups' when he makes or implements an
>>unpopular decision, or when his users challenge his actions.
>>2) A bureaucrat in charge of a computer system
>>

>As Matthew's remarks above confirm, the bashing I fear has already started.

Since I play no part in the drafting of the statement, your claim is
unsupported.  As for the bashing:  You asked for it, you got it.
-- 
Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu
 .sig continuing construction after a brief lull due to budget cuts
Just say NO to police searches and seizures.  Make them use force.
(not responsible for bodily harm resulting from following above advice)

Path: eff!world!uunet!mcsun!fuug!nntp.hut.fi!usenet
From: jkp@cs.HUT.FI (Jyrki Kuoppala)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct30.193547.9113@nntp.hut.fi>
Date: 30 Oct 91 19:35:47 GMT
References: <199110300740.AA12030@eff.org> <1991Oct30.150340.19350@eff.org>
Sender: usenet@nntp.hut.fi (Usenet pseudouser id)
Reply-To: jkp@cs.HUT.FI (Jyrki Kuoppala)
Organization: Helsinki University of Technology, Finland
Lines: 24
In-Reply-To: kadie@eff.org (Carl M. Kadie)
Nntp-Posting-Host: sauna.cs.hut.fi

In article <1991Oct30.150340.19350@eff.org>, kadie@eff (Carl M. Kadie) writes:
>Does the xxx have an account?
>How long has xxx been signed on?
>What programs is xxx runing?
>Who has been running "cat" lately?
>How much mail does xxx have in his or her incoming mailbox?
>I'm sure there are many others.

>-aux" are very useful at finding out who is hogging the system. On the
>other hand, I don't want people to know what Netnews material I read
>or who my email correspondents are.

I don't really mind people looking at /usr/spool/mail/* or the mail
logs to see if the mail they sent has gone thru, or watching what
newsgroups I read - as long as they do that for their own curiosity or
statistical purposes, not for some company's or government's agenda or
to collect information on lots of people.

I think the Finnish law is quite reasonable on this - it is not
permitted for organizations to collect data on individuals unless
there's a need to collect it - and the individual has a right to check
what is collected about him.

//Jyrki

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!world!uunet!wupost!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct30.215917.656@ms.uky.edu>
Organization: The Puzzle Palace, UKentucky
References: <199110300740.AA12030@eff.org> <1991Oct30.150340.19350@eff.org>
Date: Wed, 30 Oct 1991 21:59:17 GMT
Lines: 64

kadie@eff.org (Carl M. Kadie) writes:
>
>Here is a list of information that is available about others on a
>typical Unix computer. 
>
>Does the xxx have an account?
>  (finger, passwd file, .../home/xxx directory)
>How long has xxx been signed on?
>  (finger, w)
>What programs is xxx runing?
>  (ps -aux, w, top)
>Who has been running "cat" lately?
>  (lastcomm)
>How much mail does xxx have in his or her incoming mailbox?
>When was it last read?
>   (l- /var/spool/mbox/xxx)
>
>I'm sure there are many others.

Indeed there are; here are a few, more potentially damaging cases:

To/from whom has xxx sent email lately?
   (the log files from sendmail, which many sites leave open)

What has xxx been doing all day today?
   (acctcom, under System V Unix, which any user can usually run)

To/from where is xxx running telnet and/or ftp?
   (netstat)

What Usenet newsgroups does xxx read?
   (His .newsrc file, which is, by default, world readable)
   (This may not be true on all news systems; it is the case here)

>On the third hand, I can't think of a good simple rule.

I don't think that there is a simple rule.  If, for instance, I prevent
users from running the "acctcom" command, an enterprising user can easily
write a shell script to achieve the same functionality.  Since I refuse to
arbitrarily examine user files, I would have to review the output of acctcom
periodically, looking for users running ps a zillion times a day.  This would
quickly turn into another cat and mouse game between users (whether malicious
or just curious) and admins.

(FYI, acctcom only retrieves data for the current day; each day's accounting
is stored until the end of the month, when it is compiled into the monthly
accounting report. Users do not have access to the historical accounting
files or the monthly reports)

I think that it boils down to yet another judgement call for the admin.
I don't restrict ps or acctcom, but I do restrict access to the sendmail
log files.  Each sysadmin will have to draw the lines; personally, my
line stops at email logs and cumulative usage reports.

Of course, there are also several PD programs that will turn your networked
PC into a 'packet collector'; you can collect every packet coming from a
specific address and reconstruct the session.  This could result in stolen
passwords, perusal of email, and many other problems.


-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Path: eff!world!uunet!zaphod.mps.ohio-state.edu!mips!mojo.eng.umd.edu!russotto
From: russotto@eng.umd.edu (Matthew T. Russotto)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct31.041102.17462@eng.umd.edu>
Date: 31 Oct 91 04:11:02 GMT
References: <86B542DFEE405407@ccmail.sunysb.edu>
Organization: College of Engineering, Maryversity of Uniland, College Park
Lines: 23

In article <86B542DFEE405407@ccmail.sunysb.edu> Sanjay Kapur <skapur@ccmail.sunysb.edu> writes:
>>Since I play no part in the drafting of the statement, your claim is
>>unsupported.  As for the bashing:  You asked for it, you got it.
>
>That is the language a rapist uses: "She was asking for or she would not wear 
>those tight clothes"
>
>No one ever "asks" to be bashed.  If you think otherwise, you need help.
>
>>-- 
>>Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu

Wow, you really are paranoid, comparing me to a rapist, when all I did is
post a cynical definition of 'system administrator'.  Your message was
the electronic equivalent of taping a "kick me" sign to your own back-- if
you think otherwise, you need help.


-- 
Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu
 .sig continuing construction after a brief lull due to budget cuts
Just say NO to police searches and seizures.  Make them use force.
(not responsible for bodily harm resulting from following above advice)

Path: eff!iWarp.intel.com|pdxgate!reed!henson!milton!lamontg
From: lamontg@milton.u.washington.edu (Lamont Granquist)
Newsgroups: alt.comp.acad-freedom.talk
Subject: Re: I Move the Previous Question
Message-ID: <1991Oct31.043703.24252@milton.u.washington.edu>
Date: 31 Oct 91 04:37:03 GMT
References: <42C2F521FE4018B1@ccmail.sunysb.edu>
Organization: Operation:  Mindcrime
Lines: 49

SKAPUR@ccmail.sunysb.edu (Sanjay Kapur) writes:
>It will not be good policy unless it also limits what a "user" can do and 
>puts down simple rules like:
>1) The user will not attempt to break security.  If the user discovers 
>   security holes, the user will report such holes immediately to the system 
>   administrator.  

Agreed.  however, you may need to realize that your average user on a 
university mainframe may not know a security hole when it hits them over 
the head.  I had such a thing happen to me last year, and I managed to take
down one of the UW mainfraimes twice (it was complicated by my ignorance of
some aspects of unix...)

>2) The user will act "responsibily" so as to allow maximum use of 
>   the machine by a maximum number of authorized users i.e. one user will 
>   not hog the system.  
>   An example of acting responsibily is that if the machine is slow, 
>   and the user wants to play a computer game, the user will lower the cpu 
>   run time priority before playing the game e.g. by using the "nice" 
>   command in unix. 
>   An example of irresponsibility is hogging disk space on a system without 
>   disk quotas.
>   Another example of irresponsibility is using a terminal/workstation to play 
>   games while there is a queue of users waiting to use the machine for 
>   projects/home works etc.

If you're going to propose that users have to act "reponsibly" then you
had better write out and post in an extremely accessable place,
(with a sufficient number of notices which would point the user to this
place), EXACT, DETAILED instructions on what is considered to be 
"irresponsible use" of the computers. 

Unless such a thing is posted, then its the system adminstrators responsiblity
to make sure that they have a secure system which is immune to user 
ignorance.  This will, naturally, be impossible, and of course listing out
every "irresponsible" activity would be impossible too.  Therefore, you are
going to have to deal with the fact that you are not only going to have to
deal with idiotic hardware problems, but idiotic users, too.

I, however, completely agree that chronic idiots should have their 
priveledges revoked.  You're "rules" however, are much too simple, and give
system administrators much to wide a range of options, and potential for
abuse.

-- 
Lamont Granquist         "If the principle were to prevail of a common law [ie.
lamontg@u.washington.edu  a single government] being in force in the United 
                          States...it would become the most corrupt government
                          on the Earth" -- Thomas Jefferson to G Granger (1800)

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!world!uunet!wupost!ukma!morgan
From: morgan@ms.uky.edu (Wes Morgan)
Subject: Re: Draft Statement on Computers and Academic Freedom (CAF)
Message-ID: <1991Oct30.215917.656@ms.uky.edu>
Organization: The Puzzle Palace, UKentucky
References: <199110300740.AA12030@eff.org> <1991Oct30.150340.19350@eff.org>
Date: Wed, 30 Oct 1991 21:59:17 GMT
Lines: 64

kadie@eff.org (Carl M. Kadie) writes:
>
>Here is a list of information that is available about others on a
>typical Unix computer. 
>
>Does the xxx have an account?
>  (finger, passwd file, .../home/xxx directory)
>How long has xxx been signed on?
>  (finger, w)
>What programs is xxx runing?
>  (ps -aux, w, top)
>Who has been running "cat" lately?
>  (lastcomm)
>How much mail does xxx have in his or her incoming mailbox?
>When was it last read?
>   (l- /var/spool/mbox/xxx)
>
>I'm sure there are many others.

Indeed there are; here are a few, more potentially damaging cases:

To/from whom has xxx sent email lately?
   (the log files from sendmail, which many sites leave open)

What has xxx been doing all day today?
   (acctcom, under System V Unix, which any user can usually run)

To/from where is xxx running telnet and/or ftp?
   (netstat)

What Usenet newsgroups does xxx read?
   (His .newsrc file, which is, by default, world readable)
   (This may not be true on all news systems; it is the case here)

>On the third hand, I can't think of a good simple rule.

I don't think that there is a simple rule.  If, for instance, I prevent
users from running the "acctcom" command, an enterprising user can easily
write a shell script to achieve the same functionality.  Since I refuse to
arbitrarily examine user files, I would have to review the output of acctcom
periodically, looking for users running ps a zillion times a day.  This would
quickly turn into another cat and mouse game between users (whether malicious
or just curious) and admins.

(FYI, acctcom only retrieves data for the current day; each day's accounting
is stored until the end of the month, when it is compiled into the monthly
accounting report. Users do not have access to the historical accounting
files or the monthly reports)

I think that it boils down to yet another judgement call for the admin.
I don't restrict ps or acctcom, but I do restrict access to the sendmail
log files.  Each sysadmin will have to draw the lines; personally, my
line stops at email logs and cumulative usage reports.

Of course, there are also several PD programs that will turn your networked
PC into a 'packet collector'; you can collect every packet coming from a
specific address and reconstruct the session.  This could result in stolen
passwords, perusal of email, and many other problems.


-- 
 morgan@ms.uky.edu    |Wes Morgan, not speaking for|     ....!ukma!ukecc!morgan
 morgan@engr.uky.edu  |the University of Kentucky's|   morgan%engr.uky.edu@UKCC
 morgan@ie.pa.uky.edu |Engineering Computing Center| morgan@wuarchive.wustl.edu

Newsgroups: alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Re; Brack Expulsion. What Happened?
Message-ID: <1991Nov13.142722.13085@eff.org>
Organization: The Electronic Frontier Foundation
References: <kadie@eff.org> <199111100652.AA01567@eff.org>
Date: Wed, 13 Nov 1991 14:27:22 GMT
Lines: 46


On Fri, 8 Nov 1991 16:44:57 GMT Carl M. Kadie said:
>
>There is no procedure for appealing his computer expulsion.  There are
>of course extra procedural methods (ombudsman, University president,
>the Governor of Ohio). I think he has made some efforts in this
>direction, but without result.

ALILESTE@idbsu.idbsu.edu (Dan Lester) writes:

[...]
>How can you call the items in parens above "extra-procedural"??
[...]

I don't know if "extra-procedural" is the best word or not.  In any
case, let me try to explain what I mean.

The Joint Statement on Rights and Freedoms of Students says:

"The jurisdictions of faculty or student judicial bodies,
the disciplinary responsibilities of institutional officials and the
regular disciplinary procedures, including the student's right to
appeal a decision, should be clearly formulated and communicated in
advance."

As far as I can determine, students and faculty who are expelled from
ACS computers are not told of their right to appeal or the procedure
for such an appeal. The wording of ACS policy makes me wonder if they
consider their decisions open to appeal.

The failure to establish a procedure is as bad as a failure to notify
students of their rights. Without a procedure, students and faculty
cannot be sure their their appeal will be taken seriously. They may
fear or discover a Catch-22:

There are procedures set up to appeal all disciplinary decisions.

There are no procedures set up to appeal ACS computer expulsions,
therefore, computer expulsions cannot be disciplinay, therefore, there
are no procedures set up to appeal computer expulsions.

- Carl

-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.

Xref: eff alt.security:3734 alt.comp.acad-freedom.talk:3234
Newsgroups: alt.security,alt.comp.acad-freedom.talk
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: NSFnet rules of use and terminus
Message-ID: <1992Feb19.163425.9651@eff.org>
Originator: kadie@eff.org
Sender: usenet@eff.org (NNTP News Poster)
Nntp-Posting-Host: eff.org
Organization: The Electronic Frontier Foundation
References: <1992Feb18.234819.28914@nntp.uoregon.edu> <oZJDgB1w164w@Bogus.COM>
Date: Wed, 19 Feb 1992 16:34:25 GMT
Lines: 56

It may be time to look past the details for principles. How about:

Principle: Network policy should be written or technical tools
provided such that a site is not compelled to apply one network's
policy to other networks.

Principle: The network service requester, not the network service
provider, is responsibility for compliance with network policy.

Aside: The second principle is based on the codes for another kind of
information network, interlibrary loan networks. Their policies say:
"The borrowing library should carefully screen all request for loans
and reject any that do not conform to this code" and "The decision to
loan material is at the discretion of the lending library. Each
library is encouraged, however, to interpret as generously as possible
its own lending policy with due consideration to the interest of its
primary clientele". For more information, see [news/cafv01n37] or
    Boucher, Virginia.  Interlibrary loan practices handbook.  Chicago :
    American Library Association, c1984.

Applying these principles to terminus: if it is technically feasible to
cutoff terminus from NSFnet (without cutting it off of other
networks), then NSFnet could do this or require that MIT do it.

Applying these principles to Usenet: when site 1 requests articles from
site 2 across NSFnet, it is the responsible of site 1 and not site 2
to comply with the AUP. [I believe this is the way things currently
work.]

- Carl

ANNOTATED REFERENCES

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

=================
news/cafv01n37
=================
[No annotation available.]

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

To get these documents by email, send email to archive-server@eff.org.
Include the line(s):

  send caf-news cafv01n37

The files are also available via anonymous ftp from ftp.eff.org
(192.88.144.3) as file(s):
  pub/academic/news/cafv01n37


-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.3619@layout.berkeley.edu=

