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[IP] more on Re: University Bans Wireless Access Points





Begin forwarded message:

From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Date: September 10, 2004 8:29:18 AM EDT
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Re: University Bans Wireless Access Points
Reply-To: dewayne@xxxxxxxxxxxxx



[Note: This comment comes from a reader of Farber's IP list. I was attending a conference yesterday and a senior FCC staffer who was attending the same conference saw this posting to my list. We discussed the matter and his take was that the university's actions were inappropriate and he contacted his counterparts at the Commission to call the matter to their attention. I believe that there current plan is to contact the officials at the university and explain to get more facts on the matter and to explain to them the specifics of the recent clarification from June on this matter. One thing that wasn't clear in the original posting is that the students are not connected to the university's network, but are using Net service from a cable provider. This is an important issue and if I get anymore information on this item, I will post it to the list. DLH]

-- Dewayne

From: david.e.young@xxxxxxxxxxx
Date: September 10, 2004 4:15:06 AM PDT
To: dewayne@xxxxxxxxxx
Subject: [IP] University Bans Wireless Access Points


Hi Dewayne,

I'm not so sure that this would go to court given that this is the University's private property.  As such, I would think they can pretty much set the rules as they see fit.  They are not so much 'restricting the student's access to spectrum' but imposing restrictions on student behavior (students may do this on campus, they may not do that) - something they do all the time in many ways.  The only times that schools are limited in this regard (that I'm aware of) involve discrimination (civil rights issues) and to some extent free speech, although even that may be limited on private property.

Of course, I am not a lawyer, so I my observation may not be worth a heck of a lot, but there are my two cents.

Best regards,
David

--------------------------------
 David E. Young
 Director, Internet & Technology Policy
 Verizon Communications
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 Washington, DC 20005
 +1 202-515-2425  <Office>
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 david.e.young@xxxxxxxxxxx


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