Newsgroups: alt.comp.acad-freedom.talk,soc.culture.canada,can.politics,can.general,alt.sex
From: kadie@eff.org (Carl M. Kadie)
Subject:  Ontario does/doesn't ban material at universities
Message-ID: <1992Oct20.181236.15507@eff.org>
Date: Tue, 20 Oct 1992 18:12:36 GMT

The following memo was sent last month by Deputy Minister Bernard
Shapiro to the presidents of Ontario's colleges and universities. Mr.
Shapiro is the deputy minister of colleges and universities for the
province of Ontario.  That makes him the top civil servant, reporting
directly to the (elected) minister of education.

I called the Deputy's office and received significant
"clarifications".  Notes from that conversation follow the memo.

===========================================================================
MEMORANDUM TO:   Executive Heads all Colleges and Universities
INFORMATION 
COPIES TO:       OPSEU,CFOE,COPUS,COU,COUSA,CUEW,BAC,OCUA,OTFA,OCUFA,
                 OCCSPA,OEICC,OFS,OGA,OCOU,SULFO,CUPE
       FROM:     Bernard J. Shapiro
    SUBJECT:     Computer Pornography
________________________________________________________________________

It has recently come to my attention that computer systems at Ontario's
colleges and universities, normally used for the exchange of information
between academics and scientific researchers, may be providing access to
pornographic and/or racist material through international computer networks.

It is the ministry's position that publicly-funded postsecondary
institutions in Ontario should have appropriate policies and procedures
in place to discourage the use of their computing systems for purposes
of accessing or sending racist or pornographic materials.  Furthermore,
offensive material should be removed when it is identified, and appropriate
sanctions should be in place to deal with offences.

I realize that private computer companies offer their subscribers access
to international computer networks and that virtually anyone in Canada
with a computer and telephone link can gain access to this material.
Nevertheless, I do not believe that publicly-funded institutions should be
seen to support either access to, or distribution of offensive material.

It is my expectation that each institution will have policies and procedures
in place to discourage the use of its computer systems for access to, or 
sending of, racist and/or pronographic material.  Please write to me at your
earliest convenience indicating your institution's policies and plans in 
this regard.

Thank you for your early attention to this very serious issue.

========================== End of Memo ==================================

I called Deputy Sharpio's office, was transferred to the office of
Peter Wright, Director of Policy and Programs, was transferred to
Diane Crocker, a Senior Policy Analyst. (If you like any of these
phone numbers or Ms. Crocker's email address, send me email.)

I asked Ms. Crocker how the policy was made; if it was made in
consultation with the universities.

She said that it was made without consultation with the universities.

She mentioned (before I asked) that the Ministry has no authority to
intervene in the universities, that the universities are autonomous.
(She mentioned the Ministry's lack of authority several times.)

I asked if the Ministry was concerned only with illegal material
(obscene material, hate speech) or with all racist or pornographic
material. She said that they were concerned with all material and
reiterated that they didn't have the authority to do more than express
concern.

I asked if the Ministry had or would express a similar concern about
library material. She said that she understood that the computer
material was different from library material because it was forced on
people. She said it was "an issue of choice." I said that most
computer material is not forced on people, that it is comparable to
material on a library shelve. I said that the memo might cause schools
to over react. For example, in the neighboring province of Manitoba,
the U. of Manitoba banned all on-line discussion of sex. She agreed
that U. of Manitoba over reacted and reiterated that the Ministry was
only concerned about people being harassed by being *forced* to see
pornographic or racist material. She also expressed confidence that
the university presidents, to whom the memo was addressed, would
understand the Ministry's position and authority.

==================== END of my notes ==================

I still fear that universities will over react to the memo. I
encourage academics in Ontario to make sure their university sees this
clarification or that it gets its own clarification. Also, without
help, this article will not reach all of Ontario's universities. If
you know someone at an Onterio university who might be interested in
this information, please forward it to them.

- Carl

ANNOTATED REFERENCES

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

=================
caf
=================
* About the CAF mailing lists (and newsgroups)

A description to the comp-academic-freedom-talk mailing list. It is a
free-forum for the discussion of questions such as: How should general
principles of academic freedom (such as freedom of expression, freedom
to read, due process, and privacy) be applied to university computers
and networks? How are these principles actually being applied? How can
the principles of academic freedom as applied to computers and
networks be defended?

=================
banned.1992
=================
* Computer material that was banned/challenged in academia in 1992

A list of computer material that was banned or challenged in academia
in 1992. The institutions mentioned are:

Ball State U., Boston U. (2), Carnegie Mellon U., German universities,
Iowa State U. (3), Irish universities, James Madison U., Middle East
Technical U., North Dakota State U., Pennsylvania State U., Princeton,
Simon Fraser U., U. of British Columbia, U. of California at Berkeley
*, U. of Illinois at Urbana-Champaign, U. of Manitoba, U. of
Massachusetts at Boston, U. of Nebraska at Lincoln, U. of Newcastle,
U. of Ottawa, U. of Texas, U. of Toledo, U. of Toronto *, U. of
Wyoming, United Kingdom Net, Virginia Public Education Network,
Virginia Tech, Western Washington U. (& U. of Washington), Wilfrid
Laurier U. (2), Williams College **

========
* Site of an unsuccessful challenge
** College not directly involved.

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

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send acad-freedom banned.1992
-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =

