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University Legal Oversight?


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TehDoctor
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Join Date: Feb 2008
Old 02-21-2008 , 20:24   Re: University Legal Oversight?
Reply With Quote #11

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 )
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kp_uparrow
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Join Date: Jun 2006
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Old 02-22-2008 , 16:04   Re: University Legal Oversight?
Reply With Quote #12

pay for off campus housing
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slmclarengt
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Join Date: Jul 2004
Location: The Cookie Jar... or Pul
Old 03-05-2008 , 21:39   Re: University Legal Oversight?
Reply With Quote #13

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:
For Local Offenses as defined by local WSU IT personnel investigating
potential student misconduct in accordance with WSU policy as well as
Local, State and Federal laws, the following penalties or punishments
are defined:

First offense: A warning is sent via 3 separate methods for redundancy
(myWSU, local mail and e-mail, perhaps phone call if necessary as per
chance a last resort, but that we did not discuss.) The student has up to
two (2) weeks to respond to said warning whether refuting or admitting
to said claim of illegal activity (whether it be downloading
music/movies). They also would have to promise/swear to clean the
material off their computer in accordance with
copyright/trademark/Intellectual Property laws. If the student does/did
not respond, no action would be taken to punish them, however any future
incident would result in the second stage regardless of whether or not
they were innocent (no second chances to prove case if second offender
who ignored request for reply via e-mail/myWSU/local mail/phone/etc...).

Second offense: The student's computer internet access is suspended
(ie: Intranet access only allowed), are given two (2) weeks to respond
to a written request to mandate a signed affidavit swearing to clean the
material off their computer; if they do not respond, internet access
remains restricted and unless extenuating circumstances dictate
otherwise, they are required to attend a copyright seminar. Upon
completion of said requirements, their internet is restored. If they
repeat the offense a third time, they are placed under the third
offense, defined herein.

Third offense: The student's computer internet access is suspended
(ie: Intranet access only allowed) and they are referred to student
conduct for a required student conduct board member hearing in which
they must plea their case as to what they have and/or had done. Once the
required hearing has concluded and necessary measures taken, the
student's internet is restored unless circumstances dictate otherwise.

For RIAA/NPAA and other requests falling under the category of Digital
Millenium Copyright Act, the penalties and procedure is as follows:

Provided WSU IT personnel network data including but not limited to
firewall logs/bandwidth/network traffic/timestamps line up with the
information sworn under the DMCA request, the penalties ensue. If they
do not line up, the student is contacted to explain the scenario so as
to get a better understanding of the situation.

First Offense/DMCA request: The student's computer internet access is
suspended (ie: Intranet access only allowed), are given two (2) weeks to
respond to a written request to mandate a signed affidavit swearing to
clean the material off their computer; if they do not respond, they are
referred to Student Conduct for a hearing and when said hearing
concludes, their internet is restored.

Second Offense/DMCA request: The student is immediately referred to
Student Conduct for a hearing and internet privileges revoked whether or
not including Intranet can or will be circumstantially based. We had
discussed this and we were tentative as to whether or not the internet
revocation would be completely (no intranet as well) or only restrictive
of internet. How long this would last would perhaps be based upon
student conduct's approval or so I would think.

Third Offense/DMCA request: The student is immediately referred to
Student Conduct for a hearing and internet privileges revoked perhaps
for the student's full career at WSU provided the circumstances are
understood and the student conduct board feels that is of fair
discipline.
Slmclarengt
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stupok
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Join Date: Feb 2006
Old 03-06-2008 , 01:37   Re: University Legal Oversight?
Reply With Quote #14

Rockin' dude
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slmclarengt
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Join Date: Jul 2004
Location: The Cookie Jar... or Pul
Old 03-06-2008 , 02:00   Re: University Legal Oversight?
Reply With Quote #15

Quote:
Originally Posted by stupok69 View Post
Rockin' dude
Thank you. It sure took a lot of determination and persistence because I went through many phone calls, e-mails, and personal discussions with many different people until finally getting some real result. I'm glad the VP IT felt the same way with her 22 years of experience as the head of IT; she was completely appalled at the policy and was very happy with my determination as she was not even aware of the policy (she is new to University and has been too busy otherwise).

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
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Lord_Destros
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Join Date: Jul 2004
Location: With stupid.
Old 03-06-2008 , 03:00   Re: University Legal Oversight?
Reply With Quote #16

Heh, good to hear. Those at WSU owe you XD.
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