FC: More on Univ. of NC, private email, and a twist on open records

From: Declan McCullagh (declanat_private)
Date: Thu Dec 20 2001 - 21:36:16 PST

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    The university's view is here:
    http://www.thefire.org/issues/uncw_denial.php3
    
    Previous message:
    http://www.politechbot.com/p-02957.html
    
    It does seem clear that a case can be made for reading another UNCW-er's 
    email via the simple expedient of an open records request. If that is true, 
    the law won't help to protect privacy. Instead UNCW-ers should forward mail 
    from university servers to their own account. For further protection, make 
    sure the server's out of the country and has *prearranged* instructions not 
    to comply with nuisance subpoenas. For even better protection, write a cron 
    job to encrypt your email with your public key after you've read it. For 
    ultimate protection, use procmail/formail to encrypt all email to your 
    public key *before* you read it. :)
    
    -Declan
    
    ---
    
    From: "David Smith" <david_smithat_private>
    To: <declanat_private>
    Subject: RE: Did Univ. of NC at Wilmington divulge a professor's private email?
    Date: Thu, 20 Dec 2001 22:10:37 -0600
    
    According to the University of North Carolina at Wilmington's Acceptable Use
    Policy, e-mail is subject to the Public Records Law, unless there is a
    specified exception in the statute.
    
    UNC-Wil Acceptable Use Policy
    http://www.uncwil.edu/dcs/information/advisory.htm
    
    North Carolina page @ FOIC
    http://www.reporters.net/nfoic/web/resource/northcar/northcar.htm
    
    The Wilmington Star ran an article on November 3rd, which discusses how
    University officials rejected the first request for all emails as being too
    broad, but complied with the second request for emails that don't violate
    state and federal privacy laws.
    http://www.thefire.org/offsite/wilmingtonstar_110501.html
    
    If FIRE believes that privacy laws trump state open records policy, or that
    the University interpreted the open records law incorrectly, then they
    should explicitly say so, and say why they believe so, instead of depending
    on the ignorance of their readers.
    
    David Smith
    david_smithat_private
    
    ---
    
    Date: Thu, 20 Dec 2001 19:44:17 -0500
    To: declanat_private
    From: "Tom Mashberg" <tmashbergat_private>
    Subject: Re: FC: Did Univ. of NC at Wilmington divulge a professor's
       private email?
    
    Declan: I thought your readers might enjoy reading the e-mail exchange
    between the student and the prof that set off the UNC-Wilmington tiff:
    
     >From the FIRE web site:
    
    Email from (student) Rosa Fuller
    
    At 04:29 PM on 9/15/01, Rosa Fuller wrote:
    
    To: the students and faculty of the University of North Carolina at
    Wilmington
    From: Rosa Fuller
    Subject: In Dedication to An Undivided Humanity
    
    The summary murder of thousands of people on the morning September 11th was
    a tragedy for the entire human species. It was an irrational act that can
    only serve the cause of irrationality. As we are members of a university,
    all irrationality deserves from us unequivocal condemnation. This is the
    place where, above all else, rationality must be kept alive. We must keep
    discussion alive. We must untiringly examine causes and effects, and not
    allow any feelings of anger or depression to permanently cloud our vision.
    In light of this, we must not for a moment forget the following: (1) the US
    government has been engaged in a combination of occupation and imperialist
    warfare in the Middle East, aimed at domination of its oil resources, for
    nearly two decades; (2) the US government gives its unequivocal support to
    Israel's assassination of Palestinians who are 'suspected' of being
    terrorists, falsely claiming that any opposition to murder committed in the
    name of the Israeli government amounts to Nazism; (3) as the World
    Socialist Website put it "far from America being 'the brightest beacon for
    freedom and opportunity in the world,' the US is seen by tens of millions
    as the main enemy of their human and democratic rights, and the main source
    of their oppression. The American ruling elite, in its insolence and
    cynicism, acts as if it can carry out its violent enterprises around the
    world without creating the political conditions for violent acts of
    retribution" and; (4) "both bin Laden and the Taliban mullahs, whom the US
    accuses of harboring him, were financed and armed by the Reagan-Bush
    administration to fight pro-Soviet regimes in Afghanistan in the 1980s. If
    they are involved in Tuesday's operations, then the American CIA and
    political establishment are guilty of having nurtured the very forces that
    carried out the bloodiest attack on American civilians in US history"; (5)
    innocent Arab and Muslim Americans, including children, are being attacked
    and threatened in the chauvinist, racist fervor stirred by the
    war-mongering US media; (6) whatever their true feelings, the Bush
    administration stands, in several respects, to benefit from the results of
    the 'attack on America': (i) the current situation serves as a distraction
    from the fact that President Bush was illegally appointed to office by the
    reactionary majority of the US Supreme Court, through suppression of votes,
    in stark violation of the US constitution, and (ii) the current crisis
    serves as justification, to the American people, for the continuation and
    intensification of US imperialist repression already in progress throughout
    the world.
    
    The future is not about revenge, but about life. A humanity worth fighting
    for is a humanity undivided by petty nationalistic, imperialist, bourgeois
    squabbling. When this squabbling takes the form of all out war and the
    deaths of untold thousands of 'Americans' and 'foreigners,' the struggle
    for rationality is transformed into the struggle between life and death.
    The time for silence is ended; the time for rational discussion is now.
    
    If you support open, unbiased, democratic discussion of all the facts,
    please forward this e-mail to friends and acquaintances both on an off
    campus. For more detailed information, see www.wsws.org.
    
    Rosa Fuller
    
    
    Email from (Prof.) Mike Adams
    
    
    At 09:45 AM on 9/17/01 Mike Adams wrote:
    
    To: Rosa Fuller
    From: Mike Adams
    Subject: Re: In Dedication to An Undivided Humanity
    
    I will certainly forward this to others and I hope they will respond. My
    response will be brief as your "statement" is undeserving of serious
    consideration. Your claimed interest in promoting rational discussion is
    dishonest. It is an intentionally divisive diatribe. The Constitution
    protects your speech just as it has protected bigoted, unintelligent, and
    immature speech for many years. But, remember, when you exercise your
    rights you open yourself up to criticism that is protected by the same
    principles. I sincerely hope that your bad speech serves as a catalyst for
    better speech by others.
    
    Mike Adams 
    
    
    
    
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