From: kadie@eff.org (Carl M. Kadie)
Subject: Re: CERT and the Dept. of Justice on keystroke monitoring
Originator: kadie@eff.org
Organization: The Electronic Frontier Foundation
Date: Fri, 18 Dec 1992 12:48:30 GMT

bear@tigger.cs.Colorado.EDU (Bear Giles) writes:

[...]
>BTW, the University of Colorado requires a "computing fee" be paid by the
>students, so the students are directly paying for the use of such resources;
>it isn't simply provided out of the philanthropy.
[...]

jgd@dixie.com (John De Armond) writes:

[...]
>I'll bet you pay, oh, maybe a few percentage of what it costs to offer
>you that service.  Spurrious to the issue.  What kind of contract
>did you sign in order to get your access?  Those are the rules you live
>by.
[...]

I agree that the relationship between a user and system owner is
contractual. But note that many contract terms are illegal (e.g.
slavery, murder-for-hire, my-landlord-in-Urbana-not-paying-me-
interest-on-my-deposit).

At a state school, the constraints on contracts are strong since like
any organization, a state school must work within its charter (which
includes the Federal Constitution).

ANNOTATED REFERENCES

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

=================
law/keyishian-v-board-of-regents
=================
* Constitution -- Public University -- Keyishian v. Board Of Regents

In this Supreme Court case, the Court said that public universities
can not infringe on the Constitutionally protected rights of their
students and employees (specially with regard to loyalty oaths).

=================
law/constraints.constitutional
=================
* Constitution -- Public University -- Constraints

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 universities including the
requires for freedom of expression, freedom against unreasonable
searches and seizures, due process, specific rules.

=================
law/mass-student-searches
=================
* Privacy --  Mass Students Searches

An excerpt from The ACLU Handbook: _The Rights of Students_, stating that
"there must a reasonable suspicion directed specifically at each student
before a school official can search students."

=================
law/ecpa.1986.godwin
=================
* Privacy -- E-mail -- ECPA - University Site

Mike Godwin, legal staff for the Electronic Frontier Foundation (EFF)
says that the Electronic Communications Privacy Act (ECPA) could be
reasonably construed to protect university email.

=================
law/new-jersey-v-tlo
=================
* Privacy -- High School Students -- New Jersey v. TLO

Summary of laws protecting high school students from unreasonable
searches.

=================
law/ferpa
=================
* Privacy -- School Records -- FERPA -- Excerpts

Excerpts from _College and University Student Records: A Legal
Compendium_, Edited by Joan E. Van Tol, 1989. Details the Family
Education Rights and Privacy Act's (Buckley Amendment's) provisions on
directory information.

=================
law/constitution.us
=================
* Constitution -- U.S. -- Full Text

The Constitution of the United States

=================
faq/email.privacy
=================
* Email -- Privacy
 
q: Can (should) my university monitor my email?
 
a: Ethically (and perhaps legally) email communications should have
...

=================
faq/email.policies
=================
* Email -- Policies
 
q: Do any universities treat email and computer files as private?
 
a: Yes, many universities treat email and computer files as private.
...

=================
faq/media.control
=================
* University Control of Media
 
q: Since freedom of the press belongs to those who own presses, a
public university can do anything it wants with the media that it
owns, right?
 
a: No. Like any organization, the government must work within its
...

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

A description of 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?

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

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also 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/law/keyishian-v-board-of-regents
  pub/academic/law/constraints.constitutional
  pub/academic/law/mass-student-searches
  pub/academic/law/ecpa.1986.godwin
  pub/academic/law/new-jersey-v-tlo
  pub/academic/law/ferpa
  pub/academic/law/constitution.us
  pub/academic/faq/email.privacy
  pub/academic/faq/email.policies
  pub/academic/faq/media.control
  pub/academic/caf

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/law keyishian-v-board-of-regents
send acad-freedom/law constraints.constitutional
send acad-freedom/law mass-student-searches
send acad-freedom/law ecpa.1986.godwin
send acad-freedom/law new-jersey-v-tlo
send acad-freedom/law ferpa
send acad-freedom/law constitution.us
send acad-freedom/faq email.privacy
send acad-freedom/faq email.policies
send acad-freedom/faq media.control
send acad-freedom caf
-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =
Newsgroups: alt.comp.acad-freedom.talk,misc.legal