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12/24/2002 03:02:00 PM | Jared Alessandroni

Computing Code

1. Jurisdiction: We fall under the computing code indirectly. While I love our name, the fact that it included the word Dartmouth [like the Observer, but not the Dartlog] should have meant that we had to get it through legal affairs. We didn't, but should have, because technically Dartmouth could put up and rightly win a lawsuit against us. They have precedent on their side - I don't know if anyone knows about the debacle with the mascot. Regardless, they are very unlikely to do that as long as we follow college policy on it, and the policy we would follow would be the computing code. Simply enough, if we are accused of something, and we can't say we tried to follow the policy, it would be very easy for the college to shut us down. It's not free speech, it's marketing. As Kumar has made clear, one of the dangers of this blog is that we are responsible for it - this is the point of administrative oversight.

2. As for what the code says, I agree that it's not very clear, but I translated it this way. Here is the relevant paragraph:

Information stored on an individual's account is presumed to be private unless the account holder has made the information available to others. If, for example, the account holder allows public access to files via file sharing, it is presumed that the account holder has waived his or her privacy rights to those files.

As the policy doesn't speak to the idea of e-mail specifically, I believe that it is fair to presume that that last sentence is the definitive one. The account holder waives their rights only when they have stated their nature as a public document. In theory, the Ghetto Party Blitz would be the same, though it could be argued that that was an invite that was meant to be circulated. Again, I think Kumar was right in theory, but technically wrong.

When we have a policy, an administrator can simply point to that policy [to which the community does agree] and manage information accordingly. That's the point of it. As for the shape of our policy, I think it's important to remember what Tim said about community. Even when things are appropriate for New York Times writers, they are not necessarily so for us. We can't forget that we're now archived on Google - what we say becomes fodder for a New York Times (or Dartmouth Review) article. This is why, lest we forget, the College would seek to control anything with its name on it. More importantly, we're members of a civil community - usually - and there is no reason to incite the campus against our policies. I think that at least part of this policy should prevent us from quoting any conversation with a peer (as a peer) without their permission. Of course, a conversation with President Wright in his office is a different story, as is, probably, a conversation with Janos in the SA office. There are, certainly, other considerations as well for our policy which we must take into account.



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