1. Privacy

2. Position A university should NOT be allowed to monitor university network and connected computers for improper activity

3. Violation of Privacy Rights

4. Privacy “the quality or state of being apart from company or observation” “freedom from unauthorized intrusion”

5. First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

6. Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

7. “Chilling effect on academic discourse”

8. Duke Mission Statement To these ends, the mission of Duke University is to provide a superior liberal education to undergraduate students, attending not only to their intellectual growth but also to their development as adults committed to high ethical standards and full participation as leaders in their communities; to prepare future members of the learned professions for lives of skilled and ethical service by providing excellent graduate and professional education; to advance the frontiers of knowledge and contribute boldly to the international community of scholarship; to promote an intellectual environment built on a commitment to free and open inquiry; to help those who suffer, cure disease, and promote health, through sophisticated medical research and thoughtful patient care; to provide wide ranging educational opportunities, on and beyond our campuses, for traditional students, active professionals and life-long learners using the power of information technologies; and to promote a deep appreciation for the range of human difference and potential, a sense of the obligations and rewards of citizenship, and a commitment to learning, freedom and truth.

9. Presumption of Guilt

10. Surveillance techniques are hazardous and further violate privacy rights. Audible Magic ICARUS

11. References Universities Should Resist Network Monitoring Demands. The Electronic Frontier Foundation. www.eff.org/IP/P2P/university-monitoring.pdf. November 9, 2005. Internet Privacy Law. Timothy J. Walton. http://www.netatty.com/privacy/privacy.html. November 9, 2005. Privacy on the Internet. Lon E. Dobbs, Esq. http://www.geocities.com/ldiandl/thesis/articles_dobbs_privacyontheinternet.html November 9, 2005. Borland, John. Fingerprinting P2P Pirates. http://news.com.com/2100-1023- 985027.html King, Julia. Preventing P2P Abuse. http://www.computerworld.com/printthis/2003/0,4814,87789,00.html Privacy. http://www.jerf.org/writings/communicationEthics/node9.html