[slmclarengt]

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_

Originally Posted by Department of Justice When confronted with this issue, courts have analogized electronic storage devices to closed containers, and have reasoned that accessing the information stored within an electronic storage device is akin to opening a closed container. Because individuals generally retain a reasonable expectation of privacy in the contents of closed containers, see United States v. Ross, 456 U.S. 798, 822-23 (1982), they also generally retain a reasonable expectation of privacy in data held within electronic storage devices. Accordingly, accessing information stored in a computer ordinarily will implicate the owner's reasonable expectation of privacy in the information. See United States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 199 (finding reasonable expectation of privacy in files stored on hard drive of personal computer); United States v. Reyes, 922 F. Supp. 818, 832-33 (S.D.N.Y. 1996) (finding reasonable expectation of privacy in data stored in a pager); United States v. Lynch, 908 F. Supp. 284, 287 (D.V.I. 1995) (same); United States v. Chan, 830 F. Supp. 531, 535 (N.D. Cal. 1993) (same); United States v. Blas, 1990 WL 265179, at *21 (E.D. Wis. Dec. 4, 1990) ("[A]n individual has the same expectation of privacy in a pager, computer, or other electronic data storage and retrieval device as in a closed container.").

Advice or opinions on the subject matter would be very much appreciated!

Slmclarengt

[sawce]

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.

[P4rD0nM3]

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.

[slmclarengt]

Originally Posted by sawce 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.

I wasn't looking to get a serious legal opinion just tossing the idea around to see what people's thoughts are just for kicks.

@ PardonM3 - They mandate the student pays them TO Search the computer; without paying/search, internet is not restored.

Slmclarengt

[BAILOPAN]

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)

[slmclarengt]

Originally Posted by BAILOPAN 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)

Thank you Bail. I will definitely look into these two options and will pursue my case against/with the school.

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

[stupok]

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.

[kp_uparrow]

HOLY SH** WSU does that wtf?

get ur own internet

[slmclarengt]

Originally Posted by kp_uparrow HOLY SH** WSU does that wtf? get ur own internet

Moments like this make me wonder why you have not been banned yet...

Slmclarengt

P.S. It's called mandated internet due to living in on-campus housing...

[BAILOPAN]

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.