Proposed college computer rules criticized again by ACLU

Thursday, Oct. 22, 1998 | 11:24 a.m.

A new draft of a controversial computer use policy for Nevada's colleges and universities is now on a Web site for interested parties to read and comment on, but opponents say the new version is rife with old problems.

"I believe (the proposed policy) remains a mess," Gary Peck, executive director of the Nevada American Civil Liberties Union, told board members of the UNLV Faculty Senate during their monthly meeting Tuesday.

The draft may be read at the UNLV Academic Computing Services site: http:// www.unlv.edu / acadcom / cpcc /

Provost Douglas Ferraro stressed that the policy is "a discussion draft only" and he agrees there are "many uncertainties" in the present form.

"It needs to have input from the faculty," Ferraro said.

The first draft, written last spring by UCCSN attorneys after a student at Community College of Southern Nevada used a school computer "inappropriately," caused Peck and several concerned faculty members to point out what they said were flaws in the document.

"It was offensive to the value of free speech and academic freedom that are so critical to making our universities places where people can be genuinely challenged and can learn," said Peck.

Opponents said the language was vague and impinged upon such constitutionally protected rights as privacy and freedom of speech.

Ferraro said the job of writing the systemwide policy has been taken out of the hands of attorneys and turned over to the office of Vice Chancellor for Academic Affairs.

Peck said one of the most disheartening things about the latest draft is that it fails to make a strong statement saying the higher education system of Nevada "supports the First Amendment, academic freedom and privacy."

He said the new draft continues to be vague in its use of such terms as "malicious" and "harassment" and that in several items actually flies in the face of court cases that have been won by the ACLU in other states.

For example, he pointed out, the proposed policy says you can't transmit anonymous e-mail.

"In ACLU v. Miller, in the District of Georgia, it was ruled that anonymous Internet speech is protected," said Peck.

The computer use policy is expected to be discussed at the next Faculty Senate meeting on Nov. 10.