more on Supreme Court Lets University Block Spam

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dan Updegrove <updegrove () mail utexas edu>
Date: January 12, 2006 7:45:04 PM EST
To: Dave Farber <dave () farber net>
Subject: Fwd: [IP] more on Supreme Court Lets University Block Spam

Dave,

The University of Texas at Austin manages student data  
confidentiality and disclosure in accordance with FERPA, the Federal  
Educational Rights and Privacy Act of 1974 (aka the Buckley  
Amendment) and the Texas Public Information Act. Under FERPA,  
universities designate certain formation as "directory information"  
that may be disclosed without the student's explicit permission  
(although students may elect to make directory information  
confidential, most students do not). Under the Public Information  
("Open Records") Act, "it is the policy of this state that each  
person is entitled, unless otherwise expressly provided by law, at  
all times to complete information about the affairs of  
government ...." including student directory information.

More info

FERPA: http://www.ed.gov/policy/gen/guid/fpco/index.html

Texas Public Info Act: http://www.oag.state.tx.us/opinopen/ 
opengovt.shtml

UT Austin's FERPA policies: http://www.utexas.edu/student/registrar/ 
ferpa/

Regards,
Dan


> From: David Farber <dave () farber net>
> Subject: [IP] more on  Supreme Court Lets University Block Spam
> Date: Thu, 12 Jan 2006 19:16:07 -0500
> To: ip () v2 listbox com
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> Begin forwarded message:
>
> From: Gerald Shifrin <gerald.shifrin () mci com>
> Date: January 12, 2006 6:20:52 PM EST
> To: dave () farber net
> Subject: RE: [IP] Supreme Court Lets University Block Spam
>
> Isn't there any concern that the dating service legally obtained the
> student's email address from the university?
> I wonder what other information was "legally" distributed?
>
> -----Original Message-----
> From: David Farber [mailto:dave () farber net]
> Sent: Thursday, January 12, 2006 3:44 PM
> To: ip () v2 listbox com
> Subject: [IP] Supreme Court Lets University Block Spam
>
>
>
> Begin forwarded message:
>
> From: Randall <rvh40 () insightbb com>
> Date: January 12, 2006 6:30:25 AM EST
> To: Dave <dave () farber net>, cyberia <CYBERIA-L () LISTSERV AOL COM>
> Subject: Supreme Court Lets University Block Spam
>
> http://htdaw.blogsource.com/post.mhtml?post_id=182235
>
> Court Lets University of Texas Block Spam
> Thursday, January 12, 2006 at 6:26 AM EST
> Court Lets Univ. of Texas Block Spam
>
> The U.S. Supreme Court on Monday declined to intervene in a dispute
> between the University of Texas and an online dating service upset  
> that
> the school blocked thousands of unsolicited e-mails.
>
> The high court let stand a federal appeals court's ruling that UT did
> not violate the constitutional rights of White Buffalo Ventures  
> when it
> blocked 59,000 e-mails in 2003.
>
> White Buffalo Ventures, which operates LonghornSingles.com, said it  
> had
> complied with all anti-spam laws and argued that a federal act that
> allows certain e-mails superseded the university's anti-spam policy.
>
> A 5th U.S. Circuit Court of Appeals panel ruled in August that the
> federal anti-spam law, CAN-SPAM, does not pre-empt the university's
> policy and that the policy is permissible under the First Amendment.
>
> The Austin-based service had legally obtained the addresses from the
> university, but the university started blocking the e-mail messages
> saying White Buffalo was part of a larger spam problem that had  
> crashed
> the computer system.
>
> The university said it was also responding to complaints from students
> and faculty.
>
> At the time, UT issued a cease and desist order, but White Buffalo
> refused to comply. So UT blocked all the e-mail messages from White
> Buffalo's IP address.
>
> http://news.yahoo.com/s/ap/20060109/ap_on_go_su_co/scotus_dating_spam
> --
> "We've got the hatemongers who literally hate this president, and that
> is so wrong. . . . The people who hate George Bush hate him because  
> he's
> a follower of Jesus Christ, unashamedly says so and applies his  
> faith in
> his day-to-day operations." -- Rev. Jerry Falwell, on C-SPAN's
> "Washington Journal"
>
>
>
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VP  for Information Technology          Phone (512) 232-9610
The University of Texas at Austin       Fax (512) 232-9607
FAC 248 (Mail code: G9800)              d.updegrove () its utexas edu
P.O. Box 7407                                   http:// 
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