Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
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According to the Why War? website, Swarthmore's crackdown on students engaging in Electronic Civil Disobedience has reached a new low (Targeting Diebold with Electronic Civil Disobedience). Now, Swarthmore is allegedly terminating the internet connection of any student who links to the Why War? website, which links to sites hosting the Diebold internal company memos. They are not only terminating the accounts of students who host the files, or the accounts of students who link to the files, but terminating the accounts of students who link to a political protest site that links to the files.
If the allegations are true, this is a tremendous violation of freedom of expression and academic freedom. Swarthmore should be deeply, deeply ashamed.
Previous stories:
Swarthmore Actively Opposes E-Civil Disobedience Campaign
(Electronic) Civil Disobedience at Swarthmore
UPDATE 1745 PT
EFF responds to one of Diebold's notice-and-takedown letters (Re: Diebold’s Copyright Infringement Claim). via Copyfight
UPDATE 2 1840 PT
It Gets Weirder
I have spoken with the student whose website was shutdown. According to the student, his website was redirecting to the Why War? website before it was taken offline. After it was taken offline, he was informed by a member of the Swarthmore IT department that it was the new policy of Swarthmore that students were no longer permitted to link to the Why War? website using HTML anchor tags. However, they could point to the Why War? with plain text, as so: http://www.why-war.com/
See the current page of the student here.
UPDATE 3 1900 PT
I have spoken with a member of Swartmore's IT department and can confirm that two student pages have been shutdown for linking to a page on Why War?'s website that linked to the Diebold files. Swarthmore is currently re-evaluating its linking policy, but until they are satisfied that they cannot be held liable, students are asked to only post plain text that points to the Why War? website.
So you can't link to a site that links to a site that hosts the memos. This begs the question, can you link to a site that links to a site that links to a site that hosts the memos? Why or why not?
Hey, remember kids it is now a capital offence at Swathmore to link to Google, because Google may return a result which contains the Diebold memos or a link to the Diebold memeos.
Tracked on October 24, 2003 07:02 AM
Diebold memos and linking prohibitions at Swarthmore from Infothought Look at the linking prohibitions discussions in the DeCSS case for information on the thinking being used. [Read More]Tracked on October 24, 2003 09:38 AM
Conspiracies Abound! from Greg's Place Great stuff today. Why War is waging a campaign to keep some leaked memos available and Diebold is waging one [Read More]Tracked on October 24, 2003 10:30 AM
Disobedience from Keywords I haven't written anything about the Diebold electronic voting scandal because Body and Soul has done such a good job, there seemed very little to add. And there are even sites devoted entirely to the topic. One such site, Blackboxvoting.com, became bi... [Read More]Tracked on October 25, 2003 07:42 AM
My letter to Swarthmore supporting fight against Diebold from Infothought They [Diebold] come off like Nixonian thugs trying to suppress their version of the "Pentagon Papers" [Read More]Tracked on October 25, 2003 07:53 PM
swarthmore's weakness, swarthmore students' strength from Lessig Blog So Diebold has hit new lows. After threatening anyone who posts information necessary to evaluate the claimed failure of their vote-counting machine, apparently [Read More]Tracked on October 27, 2003 04:32 PM
Diebold Wars from Adam Kessel In case you haven’t seen it elsewhere, you should check out Targeting Diebold with Electronic Civil Disobedience and the internal memos from Diebold Voting Systems. Swarthmore has been cracking down on students who link to these sites in response t [Read More]Tracked on October 28, 2003 02:32 PM
apt-get free speech from Adam Kessel A poster on Slashdot makes an interesting suggestion about how to conveniently distribute documents when you don’t want anyone to be able to eliminate distribution by taking down a server; and you want to automate distribution of new releases of th [Read More]Tracked on October 29, 2003 07:26 AM