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[IP] more on Supreme Court Lets University Block Spam



Begin forwarded message:

From: Dan Updegrove <updegrove@xxxxxxxxxxxxxxx>
Date: January 12, 2006 7:45:04 PM EST
To: Dave Farber <dave@xxxxxxxxxx>
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@xxxxxxxxxx>
Subject: [IP] more on  Supreme Court Lets University Block Spam
Date: Thu, 12 Jan 2006 19:16:07 -0500
To: ip@xxxxxxxxxxxxxx
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Begin forwarded message:

From: Gerald Shifrin <gerald.shifrin@xxxxxxx>
Date: January 12, 2006 6:20:52 PM EST
To: dave@xxxxxxxxxx
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@xxxxxxxxxx]
Sent: Thursday, January 12, 2006 3:44 PM
To: ip@xxxxxxxxxxxxxx
Subject: [IP] Supreme Court Lets University Block Spam



Begin forwarded message:

From: Randall <rvh40@xxxxxxxxxxxxx>
Date: January 12, 2006 6:30:25 AM EST
To: Dave <dave@xxxxxxxxxx>, cyberia <CYBERIA-L@xxxxxxxxxxxxxxxx>
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@xxxxxxxxxxxxxx
P.O. Box 7407 http:// web.austin.utexas.edu/dau2 
Austin, TX 78713-7407


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