University Legal Oversight?
Hey everyone, I'm seeking some honest advice/opinion as to how what I am describing might fold out.
Please do NOT derail this topic about anything but the topic at hand because I am trying to determine whether I have a legal case or not and if there is enough formation of information against my university as well as possibly other universities. Ok, my description (I am NOT affected by this as I do not violate University Policies) of possible case: My University (WSU) has a Network Use Policy as defined here: http://www.wsu.edu/ElectronicPolicy.html and with such they do prohibit illegal downloads of say music/videos/etc... as they are in direct violation of their Network Policy (that actually DOES include legal music because we are a research University and the School would prefer to have the bandwidth allocated to the Researchers... even at 4:01AM). Anyways, the school monitors bandwidth usage on student computers (nothing else as that is illegal; only monitoring raw bandwidth is allowed). They then look for "bandwidth jumps" as described by a gentleman in the copyright management department who manages RIAA/NPAA/etc... claims for illegal downloading. So when they assume/determine a student is downloading "too much," they suspend the user's account from accessing the internet. In order to retrieve Internet access back, the student must pay the IT department $65 for them to search the student's computer. Where I believe they violate law: Searching and seizing computers is illegal without obtaining a federal search warrant. So when they are paid to search the computer, that would in theory be a violation of the set forth federal law. I don't believe this case is as simple as saying "If you signed their contract for network use policy, you must abide by it" because a University's policies do not supersede that of the federal government. http://www.usdoj.gov/criminal/cyberc...l2002.htm#_IB_ Quote:
Slmclarengt |
Re: University Legal Oversight?
If you're trying to get a serious legal opinion you are asking the entirely wrong people. Despite the fact that almost everyone on the internet acts like they have a law degree most people are, in fact, 16 years old.
Ask a lawyer if you want a serious answer, you won't get one here. |
Re: University Legal Oversight?
Didn't you just say you pay the I.T. dept. $65 to search your computer (Pretty weird policy)? I don't think that's seizing or even searching without warrant.
I mean if you gave them $65, then doesn't that mean that you're allowing them to search your computer and if they don't find any evidence that you're into some illegal stuff, they give you your internet access back? Unless you're saying that once they decided that you're doing something illegal (Based on the info they gathered), then they just take your computer...that maybe another case. Ask a lawyer. |
Re: University Legal Oversight?
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@ PardonM3 - They mandate the student pays them TO Search the computer; without paying/search, internet is not restored. Slmclarengt |
Re: University Legal Oversight?
use encryption, both on your media and your network connections.
it's fairly typical of schools to disconnect people abusing bandwidth but i've never heard of searching their computers (which sounds unethical at best, if it's your property) |
Re: University Legal Oversight?
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I think I left the IT Security gentleman's mouth drop when I cited their search procedure then went on to prove their illegality of such by directly citing the federal law it breaks. I just hope I don't have to take them to court just to prove a point right now. Slmclarengt |
Re: University Legal Oversight?
I don't know much about legal issues concerning the internet, but my impression is that there are probably a lot of bad policies around right now. However, I'd be surprised if your case turned out to be solid. Go after it--if nothing else, you'll find out how they legitimize searching your computer and having you pay them to do it. I'm curious how they can do that, too.
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Re: University Legal Oversight?
HOLY SH** WSU does that wtf?
get ur own internet |
Re: University Legal Oversight?
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Slmclarengt P.S. It's called mandated internet due to living in on-campus housing... |
Re: University Legal Oversight?
when I lived on campus I used SOCKS5 over SSL to bypass all network restrictions (save for traffic limits). I routed it through the alliedmodders server so I could use decently high-speed p2p on campus. i gave SSL certs to a few trusted friends and we were probably the only students that could use bittorrent.
our network department completely blocks ALL p2p traffic. they also have a 4GB/day external traffic limit, and violating it means a week ban. after that they disconnect you for a semester or something ridiculous. i don't need that anymore luckily. but as i travel more and more, i'm going to start using truecrypt for all my removable media which contains personal info. |
Re: University Legal Oversight?
Not an expert, but if you pay them to search it you are voluntarily giving them permission.
On the other hand if they searched it without asking etc. that is illegal. So if you get suspected, they suspend you until you have payed them to search your computer. If thats what they do it is legal, but gay non the less. (Im 95% sure about that, I could ask a lawyer I know when I see him ) |
Re: University Legal Oversight?
pay for off campus housing
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Re: University Legal Oversight?
I will post the outcome as for allowing a precedent to be set on this issue. I met with the Vice President of Information Technology along with the head of Information Technology security; we had a meeting for just about 2 1/2 hours.
We disputed the current policy and came to the conclusion it needed to be changed, in fact the IT security head said he already submitted a draft for a change (probably due to the multiple other meetings I had brought this concern to their attention during). We determined a one-strike method (as in one time offenders get internet suspended and computer searched) is unfair. We (er, I) suggested along with the VP that it be a three-strike method (warning --> swear by affidavit --> internet suspended & student conduct board hearing) for any localized possible offenses. The draft, as written by myself to the University's IT department to be re-phrased as per local Attorney General: Quote:
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Re: University Legal Oversight?
Rockin' dude
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Re: University Legal Oversight?
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I'm hoping the policy takes effect within a reasonable amount of time (within a few weeks) but it seems some things around here just take forever... Slmclarengt |
Re: University Legal Oversight?
Heh, good to hear. Those at WSU owe you XD.
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