Driver Education for the Information Superhighway The Law

Driver Education for the Information Superhighway: The Law and the Policy of the Internet Margie Hodges Shaw Cornell University Computer Policy and Law Program Stetson Law and Higher Education Conference February 18, 2001

Topics • The challenge of the Internet – Technology realities – Legal realities – Campus incidents • Creating effective campus IT policies – Campus experiences • Training examples – Campus efforts

The Future of Storage • Atoms/bit – 1954: 1, 000, 000 – 2000: 20, 000 – 2020: 1, 000 – In labs today: 1 bit/atom – Theoretical: Many bits/atom • Cost/bit – 1954: 1 GB = $10, 000 – 2000: 1 GB = $20 – 2020: 1 TB < $1 (pocket change) • . 01 brain

The Future of Processing • Computations/second – 1900: . 000001 – 2000: 1, 000, 000 • Brain of a lizard – 2020: 1, 000, 000 • Brain of a human • Energy/Operation – 1940: 10, 000, 000 pico. Joules – 2000: . 000001 pico. Joules – 2020: Room temperature

Size Matters: Now You See IT. . . • • • 1996: several cubic feet 2000: size of a match-head 2004: “smart dust” – Consider military implications – Consider medical implications • There are more pacemakers in people’s chest than there are palm pilots on people’s belts (or in purses)

Change: Technology Meets Sociology • Telephones – Answering machines and etiquette – Cell phones and privacy • E-commerce – Where did the fear go? – Time and experience • Consider the next generation

Wires? We Don’t Need No Stinkin’ Wires! • “Conventional” wireless Web access • • – Well-developed in Europe and Japan Gigabit speeds are coming 2001: Full-video streaming over cellular WAP (Wireless Access Protocol) Proximity, GPS – Auto tolls – No swipe smart cards (Mobil easy-pass) – GPS in cars (speed and location for parents) – Mc. Donalds • Wearable computers

You Think I’m Exaggerating? SANTA ANA, California (Reuters; Jan. 28, 2000) -- Fast food is about to get faster in southern California, where the car is King, hamburgers are considered heavenly, and speed is of the essence. Five Mac. Donald’s restaurants have signed a deal with a local transportation authority to allow motorists to zip through the drive-through line without having to stop and pay for their food -- cutting 15 seconds off the normal 131 second-wait. The trick is utilizing the same technology that permits motorists to skip stops at Orange County toll roads. A transponder on some cars emits a signal to antennae on the toll roads, automatically calculating the fee. The motorists will then be billed. . Customers using this faster service (to buy the burgers) will be automatically billed for their food when they receive their statement from the same agency that oversees the toll road accounts….

The World Our Customers Will Live In • Inverted life-cycle – College is no longer the technology bubble – The burden of installing a user base • Electronic communication is the norm – From the time they are very young – It is about relationships/communication • “There is nothing so powerful as an idea whose time has come” – Consider NAPSTER • Who is mentoring whom? – Consider “Stewart”

Technology Changes Quickly Society Changes Slowly • • 1974: VCR Technology hits consumer market 1976: Universal file suit against Sony 1979: Universal loses 1981: 9 th Circuit reverses with “unusual speed” 1983: Supreme Court hears Sony appeal 1983: Supreme Court term ends without decision 1984: Supreme Court finds for Sony (5 -4)

So What Controls Our Activity on the Net? • Not the law – Changing too slowly • Not technology – Changing too quickly • Policies – Set by each institution according to its needs and culture

Policy Areas (just a sample) • Is Internet Access a right or a privilege? – “Incidental personal use” • Privacy – In general – Email – Encryption • • • Defamation/Harassment/Hate Speech “Offensive material” Adult material Spam Commercial use Mail relays

Policy Areas (a few more) • Copyright – Producer and consumer issues – Courseware ownership – DNS names • Servers in the residence halls • Account sharing – General – Administrative support – Supervisors • Central authority over departmental systems – When compromised – Preemptive scanning/analysis

Don’t Mess with Calvin. . . Date: Thu, 27 Jun 1996 12: 20: 15 - 0500 From: Chris Pizey Organization: Universal Press Syndicate Subject: calvin and hobbes This letter is in reference to the following material: http: //teddy. law. cornell. edu: 8080/calvin. htm I’m writing as the webmaster for Universal Press Syndicate. We are responsible for protecting Bill Watterson’s (the artist who creates Calvin and Hobbes) copyright. Your self or others using your webserver are posting Mr. Watterson’s art without his approval in direct violation of copyright law.

Don’t Mess with Calvin. . . Mr. Watterson is appreciative of his many fans but feels that he can not permit his art to be used without his permission. If you wish to view Calvin and Hobbes on-line in the future, please link to http: //www. uexpress. com the home of Calvin and Hobbes on the internet. If you have created an animation or other cool Calvin and Hobbes webstuff, please submit it for posting on our official website. All posted work will be credited and we will send you a free Calvin and Hobbes book. Thank you in advance for your cooperation and understanding.

Links as Copyright Violations Date: The, 3 Feb 1998 18: 00: 59 - 0400 Subject: copyright infringement To whom it may concern, I run: http: //www. zibamusic. com/ On the following website: http: //www. people. cornell. edu/pages/xxx 12/sounds. html I would like to bring to your attention a COPYRIGHT INFRINGEMENT CASE. The author of the website has several audio samples. However, some of them he has linked directly to my site. So when people click on it, they are accessing my site. Please see to it that these links are removed.

Harassment? Date: The, 3 March 1997 09: 42: 00 - 0500 To: Senior female administrator@cornell. edu From: Legitimate email address@cornell. edu Subject: blowjob How about it?

Privacy? Date: Thu, 03 OCT 1996 05: 35: 59 - GMT Visitor Status: Parent of Cornell Student I was surprised to find that I could search on the web, entering my last name, and come up with my daughter’s name, street address and phone number. What is the policy for release of student’s name address and phone number outside the Cornell community? I don’t think it is wise to publish the student directory on the world wide web. What do you think. Thank you.

“Click Tracking” • Person 1: I’m running a web server in my residence hall room on my own personal computer with lots of content and external links. I’m curious to know who is accessing it, so I do a reverse look up on the IP addresses in my logs, and send email to the people who seem interested in the same stuff I am. • Person 2: when I surf the web, I don’t want anyone to know what pages I visit or what links I select. • Person 1: Well, it is my computer, dammit! • Person 2: Well, I have a right to privacy dammit!

What’s Public? What’s Private? • Campaign financing – http: //www. tray. com/fecinfo/zip. htm • Knowledge or use? – Shoppers Club card - hypothetical

Napster Issues • Copyright – Institutional liability • DMCA safe harbor • Staff vs. student use – Policy Violations • Content based or not • Bandwidth – Proportion of use – Proportion of capacity – Interfering with other users – What action to take? • Target for hacking

Spring/Summer 2000 Background • Large number of schools block Napster – Copyright and bandwidth cited • At Cornell, letter to Res. Net users • RIAA lawsuit against Napster – Preliminary injunction shutting Napster down – PI stayed – Hearing scheduled for 10/2/00 • Howard King (Metallica, Dr. Dre) lawsui – Against Napster – Against Yale, Indiana University, USC • RICO • All three immediately blocked/banned

The Letter • “. . . promptly ban access by your community to Napster. ” • “Even without the threat of litigation. . . moral, ethical and legal obligation. . . ” • First round (9/11/00): Columbia, Harvard, Stanford, UVA, Boston University, Georgia Tech. , MIT, Princeton, University of Michigan, Berkeley, UCLA • Second round (9/13/00): Colgate, Cornell, Duke, Florida State, Michigan State, Penn State, Washington State, Wisconsin, Penn, RPI, Texas A&M, UC Boulder, Florida, Idaho, UNC-Chapel Hill, Oregon • 9/22/00 deadline (no mention of 10/2/00 hearing) • Letters to President plus editor of student newspaper

Cornell Considerations • Legal/financial liability – University Counsel advised of good chance of win – The cost would be $250, 000 - $500, 000 • Policy Issues – “Banning” vs “Blocking” • PR liability – Whose side to be on? • Education and awareness – Letter to all community members

Institutional Replies to King • 27 out of 27 said NO. • Stanford: “Your letter provides no legal authority and presents no factual basis for your request that Stanford University ‘ban access by [its] community to Napster. ’ Stanford has no involvement in the alleged infringement described in your letter. • MIT: “If your clients can identify any specific instance where someone at MIT has infringed upon their copyrights, they should communicate the specifics of the situation to…” • U of Michigan: “We invite you and your clients to participate in a symposium on digital copyright on the University of Michigan campus. ”

What is an Institutional Policy • It has broad application throughout the institution • It helps ensure compliance with applicable laws and regulations – Promotes operational efficiency – Enhances the institution’s mission – Reduces the institution’s risk • It mandates actions or constraints and contains specific procedures for compliance • The subject matter requires high level review and approval for issuance and major changes

Policy Benefits • Mold the institutional culture – Establish expectations and norms • Do things in advance – Planning in non-crisis mode – Allows for appropriate participation – Time for buy-in • Lesson the institutional liability – Consistency – Accountability (who is in charge? ) • Influence the development of the law – Role of higher education

Policy Basics • • • Identify the policy “owner” Explain the purpose of the policy State what the policy covers State who is covered Provide specific examples of covered activities Provide information on how to report noncompliance • Specify consequences of non-compliance

Policy Process • • • High level management support Policy “owner” Stakeholder identification Understanding vs buy-in Technical controls vs user behavior Technical feasibility Legal constraints and requirements Trade off between functionality and risk Education Enforcement Evolution

Policy Education • “Travelers of the Electronic Highway” – Students • • • Netiquette Chain mail Harassment Passwords Intellectual property (new) – Faculty and Staff • • • Netiquette Chain mail Harassment Passwords (new) Intellectual property (new)

Cornell Training • http: //www. cit. cornell. edu/training/ttt/download. html • http: //www. cit. cornell. edu/training/materials/fac staff/fs. TEH/download. html • Judy Hyman – JH 21@cornell. edu

Cornell Policy and Educational Resources On-Line • http: //www. cit. cornell. edu/computer/policies/ • http: //www. cit. cornell. edu/computer/responsibleuse/ • http: //www. cit. cornell. edu/computer/faq. html • http: //www. univco. cornell. edu/policy/RU. html

Questions, Comments, Discussion