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Ernest Miller 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. Ernest Miller's blog postings can also be found @
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« The Fragility of Data | Main | These Facts © Major League Baseball 2003 »

October 23, 2003

Swarthmore Crackdown on Protesting Students Reaches New Low

Posted by Ernest Miller

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.

Comments (2) + TrackBacks (0) | Category: Civil Liberties | Copyright | Digital Millennium Copyright Act | E-Voting | Freedom of Expression


COMMENTS

1. Cypherpunk on October 23, 2003 08:33 PM writes...

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?

Permalink to Comment

2. JAAC on October 24, 2003 09:40 AM writes...

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.

Permalink to Comment


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