Interesting People mailing list archives

Schools stay mum on file traders' names


From: Dave Farber <dave () farber net>
Date: Tue, 22 Jul 2003 17:35:12 -0400


Date: Tue, 22 Jul 2003 14:21:51 -0700 (PDT)
From: Joseph Lorenzo Hall <jhall () astron berkeley edu>

Schools stay mum on file traders' names

http://news.com.com/2100-1027-5052884.html

Schools stay mum on file traders' names
By Matt Hines and John Borland

Some universities are balking at stepped up demands from the recording
industry to unmask alleged student file swappers, citing procedural
uncertainties over an avalanche of subpoenas filed with the courts in
recent weeks.

Boston College and the Massachusetts Institute of Technology on
Tuesday said they are barred from immediately handing over the names
of students to the recording industry by the Family Education Rights
and Privacy Act, which requires institutions to notify students before
releasing any personal data.

Both schools said they were opposing the subpoenas on procedural
grounds, rather than contesting the RIAA's right to the information.
As a result, the refusals could further delay--but are unlikely to
derail--the recording industry's efforts to unmask the identities of
file swappers and ultimately file suit against them.

"MIT of course has a policy of complying with lawfully issued
subpoenas," said Professor James Bruce, vice president for information
systems at MIT, in a statement. "In this case we have been advised by
counsel that the subpoena was not in compliance with the court rules
that apply to these subpoenas, and did not allow MIT time to send any
notice as the law requires."

[...]



(In accordance with Title 17 U.S.C. Section 107, this material is
distributed without profit to those who have expressed a prior
interest in receiving the included information for research and
educational purposes.)



-----------------------------------------------------------------
Joseph Lorenzo Hall
Graduate Student                        http://pobox.com/~joehall

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