Ninth Circuit Court outlines, protects college students’ online privacy

By Ebonique Wool

On Thursday, April 5, the U.S. Court of Appeals for the Ninth Circuit ruled that students at public colleges and universities have a “reasonable expectation of privacy” for their computers. This is the first ruling at this level that defines some legal right to college students’ privacy on their computers.

According to Inside Higher Ed, the case originated in 1999 when a University of Wisconsin-Madison student hacked into the networks of both his university and another company. The student’s computer and room were searched without a warrant after the university traced evidence to him.

The case was appealed on the grounds that the incriminating evidence was illegally obtained. The court ruled that the university was justified in searching the computer because the crime needed to be addressed immediately. No ruling was made pertaining to the in-room search, however, and an appeal to the U.S. Supreme Court is still possible.

“(The University of Wisconsin’s actions) make me think more positively about security because they care enough to get so involved in the problem,” said Laura DiVito, freshman in Engineering.

However, students should not worry about the University unnecessarily invading their privacy.

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“We work hard to protect students’ privacy,” said Michael Corn, director of Security Services and Information Privacy. “We want to err on the side of trusting people to do the right thing.”

The University does not monitor the network for content, and both students and staff are given equal respect for privacy. Locations on campus will not determine the level of monitoring on a personal computer.

“Thy should probably set some standard as to what’s reasonable,” said Chris Eibl, graduate student. “It’s important to set guidelines so there’s no grey areas for what they can and can’t do.”

Due to the volume of students at the University, activity is too high to monitor, Corn said.

“We wait until a copyright organization, like (the Recording Industry Association of America), notifies us of a violation,” Corn said. “Then we investigate.”

However, if a student is being investigated by the University and other information is found not relating to the original violation, the student can still be held responsible.

“There are classes of material we are legally obligated to report,” Corn said. “In the case of child pornography, we turn that over to the police immediately. Other than serious issues like that, it is really a case by case basis.”

Eibl does not feel that he has “been made aware” of these University policies.

“When you join the University you have an obligation to adhere to the policies,” Corn said. “As a student you are obligated to know these policies.”

If unaware of these policies, the guidelines are listed in the handbook given to all students at the University.

The CITES security Web site has extensive information on how to secure personal computers, Corn said.