Re: RIAA Strikes B.U. & M.I.T.

[Aaron Read <aread@speakeasy.net>]

At 03:42 PM 7/22/2003, Dan Billings wrote:
> > All Access is reporting Boston University and M.I.T.
> > have moved to quash RIAA subpoenas demanding the name
> > of students it says are swapping music files
> > illegally. The schools are citing privacy concerns.
>
>Interesting legal theory.  If the student privacy laws are actually so broad
>as to protect illegal activity, the laws need to be changed.  A case could
>be made that BU & MIT is liable for allowing their systems to be used in
>this way or particularly for not taking steps to stop it when made aware of
>the problem.
>
>-- Dan Billings, Bowdoinham, Maine

It's actually BC, not BU...or at least, not just BU.  It's in today's 
Globe, too.

http://www.boston.com/dailyglobe2/203/nation/BC_MIT_decline_to_name_students_in_music_use_case+.shtml

The legal theory is entirely sound.  The problem is that RIAA is demanding 
that these schools turn over personal identifying information, according to 
the Family Education Rights & Privacy Act (FER&PA) colleges are required to 
notify the students before releasing personal information.   RIAA's 
subpoena does not allow for that time, so the colleges are deeming the 
subpoenas invalid.  They will probably win.

BUT - RIAA need only to modify their subpoenas to account for the time 
period and the colleges will likely be forced to do it.  It might take a 
lawsuit but they'll lose eventually.   The big question is whether FER&PA 
not only requires notification but also requires the students' permission 
before personal info can be released.

And, by the way, the privacy laws...among other laws...ARE so broad so as 
to effectively protect illegal activities.  Just look at the mess Kristin 
Rozloski (sp?) had to go through with her rape case at BU.   The legal 
rights we take for granted frequently don't exist on a college campus, this 
is both a good and a bad thing.  There are strong arguments going both ways.


--------------------------------------------------------------------------------------------
Aaron "Bishop" Read             aread@speakeasy.net
FriedBagels Consulting          AOL-IM: readaaron
http://www.friedbagels.com      Boston, MA