From: kadie@eff.org (Carl M. Kadie)
Subject: Re: policy
Originator: kadie@eff.org
Organization: The Electronic Frontier Foundation
Date: Tue, 8 Sep 1992 16:30:18 GMT

This is a critique of the computer policy of University of Hawaii,
College of Engineering, University of Hawaii at Manoa. The policy
seems to be a pretty good attempt at making the rules explicit.
Several parts of the policy, however, likely violates legal and moral
requirements for due process, privacy, free expression, and user
participation.

I. Due process

The policy asserts several times that computer use is a privilege not
a right. I don't know what this means. It might be an assertion that
the University can act arbitrarily, if so it is legally meaningless.
For while use of computers may not be a "right", due process is. This
right cannot be asserted away. The policy could be improved by
removing or clarifying these assertions.

The policy gives sys admins the authority to summarily suspend users
from the computer *before* establishing that the user has done
anything. The policy thus authorizes illegal violations of user's due
process rights and gives sys admins more authority than professors
have. It also violates a tenet of academic freedom:

"Pending action on the charges, the status of a student should not be
altered, or his right to be present on the campus and to attend
classes suspended, except for reasons relating to his physical or
emotional safety and well being, or for reasons relating to the safety
and well-being of students, faculty, or university property."
  - From the Joint Statement on Rights and Freedoms of Students

The policy could be improved by being made consistent with the law on
due process and the principles of academic freedom.

II. Privacy

The policy allows a sys admin to search a users email and files at the
sys admins' own discretion: no higher authorization is required, no
notice must be given to the subject of the search - even after the
search.

The policy could be improved having the University treat searches of
assigned disk space the same as it treats searches of assigned office
space and dorm rooms. As it stands, the policy may be an illegal
violation of user's right to be free of "unreasonable searches".
[4th Amendment]

III. Free Expression

The policy prohibits the sending of frivolous message. The word
"frivolous" is too vague. The policy could be improved by removing it.

IV. User Participation

The policy was apparently created and is apparently enforced without
the participation of the user community. This is contrary to the
principles of academic freedom. It is also likely contrary do the U.
of Hawaii's policy making procedures. (It is also unwise.)

- Carl Kadie

ANNOTATED REFERENCES

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

=================
faq/policy
=================
q: What guidance is there for creating or evaluating a computer policy?

=================
statements/caf-statement
=================
This is an attempt to codify the application of academic freedom to
academic computers. It reflects our seven months of on-line discussion
about computers and academic freedom. It covers free expression, due
process, privacy, and user participation.

Comments and suggestions are very welcome (especially when posted to
CAF-talk). All the documents referenced are available on-line.
(Critiqued).

=================
statements/caf-statement.critique
=================
This is a critique of an attempt to codify the application of academic
freedom to academic computers. It reflects our seven months of on-line
discussion about computers and academic freedom. It covers free
expression, due process, privacy, and user participation.

Additional comments and suggestions are very welcome (especially when
posted to CAF-talk). All the documents referenced are available
on-line.

=================
law/due-process.french
=================
Quotes about the due process requirements of "notice of charges" and
"find of facts" at a formal administrative hearing. The quotes are
from:

_The Redefinition of the Exclusionary Rule as to Student Procedural
Due Process in High Education_. A monograph from the Office of the
General Counsel [of Southern Illinois University] by Dr. Larry L.
French, General Counsel, 1977.

=================
faq/email.policies
=================
q: Do any universities treat email and computer files as private?

=================
academic/student.freedoms.aaup
=================
Joint Statement on Rights and Freedoms of Students -- This is the main
U.S. statement on student academic freedom.

=================
law/constitution.us
=================
The Constitution of the United States

=================
policies/seas.ucla.edu
=================
Computer policy for UCLA's SEASnet (Critiqued)

=================
policies/seas.ucla.edu.critique
=================
Critique of computer policy for UCLA's SEASnet

Summary: "It seems like a pretty good policy. I especially like that
it covers both users and sys admins. Also, it lays out clear rules and
disciplinary procedures. And, it acknowledges the user's privacy.

I think it could be improved (perhaps with the participation of users)
by clarifying the prohibition against noncommercial personal use.
Also, procedure by which a sys admin is authorized to search user
files should be made clear and it should be made consistent with the
University's general search procedures (or its telephone search
procedures).  Finally, users should not be punished for rule
infractions until and unless it is determined such infractions have
occurred."

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

These document(s) are available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.88.144.4), and get file(s):

  pub/academic/faq/policy
  pub/academic/statements/caf-statement
  pub/academic/statements/caf-statement.critique
  pub/academic/law/due-process.french
  pub/academic/faq/email.policies
  pub/academic/academic/student.freedoms.aaup
  pub/academic/law/constitution.us
  pub/academic/policies/seas.ucla.edu
  pub/academic/policies/seas.ucla.edu.critique

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/faq policy
send acad-freedom/statements caf-statement
send acad-freedom/statements caf-statement.critique
send acad-freedom/law due-process.french
send acad-freedom/faq email.policies
send acad-freedom/academic student.freedoms.aaup
send acad-freedom/law constitution.us
send acad-freedom/policies seas.ucla.edu
send acad-freedom/policies seas.ucla.edu.critique
-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =
Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk,comp.admin.policy,alt.censorship,soc.college