MEMORANDUM
To: All Students
From: Ronald J. Lambden
General Counsel
RE: Copyright abuse
Date: May 6, 2008
In the last two weeks the University has received numerous complaints from both the movie industry and recording industry concern illegal downloads of copyrighted material. These downloads are theft. Our IT department has the IP addresses and can identify the perpetrators. We will have to turn these names over to the recording and motion picture companies for prosecution if requested.
Two years ago five our students were prosecuted for download theft. They were able to make a deal with the companies, but it cost each of them legal fees and about $5,000.
Be warned unauthorized downloads are illegal and you may be prosecuted.
Sincerely
Ron J. Lambden
Short Version...
The University of Northern Colorado's Information Technology (IT) department secretly enters employee offices to confiscate hardware and look through their computer files. This is a record of a series of events where my individual rights were seriously violated. The international media and three local media outlets reported this story. Yet nothing has been done, the IT dept. keeps entering offices without anyone's knowledge.
The IT dept. believed, that because I was consuming bandwidth, I must be downloading illegally. In fact, I was sharing legal torrents on Azureus. The IT representative was pacing the hall waiting for me to go to class, then he entered when he saw me leave. His name is Phillip Wyperd. They later lied and said that they couldn't contact me!
Phillip made a major booboo and the VP of IT backed his booboo, so she too made a booboo. (There's lots of booboos in the IT dept.)
But here is the kicker that laid me flat out> They later claimed I was using a third of the entire university bandwidth!!! After I asked for a fax of the proof, it was obvious the building I'm in doesn't even get close to a third of the university bandwidth. Geesh, another lie.
So if you want to read more, go ahead. The main thing to remember is that there are adults in this world who think they must control everything students do and that if we're up to something, it must be bad. We shouldn't let the "authorities" down.
Now I distribute a downloading tutorial to all the students that I teach, which explains how to download. See what they did to themselves?
Detailed Version...
Representing the University of Northern Colorado.....
Representing the Right to Privacy...
Jeanette Van Galder Assistant VP for IT 351-1083
Sam R. Zwenger, Graduate Student
Don't call me! I'm downloading!
Assistant Vice President E-mail: jeanette.vangalder@unco.edu
Phone: (970) 351-2341
Defender of downloads, especially legal torrents. Here to educate the youth, the downloaders of tomorrow.
At approximately 3:45 pm, September 6th, personnel from the University of Northern Colorado's IT department illegally entered my office in Ross Hall 1550. Upon entering my office they physically got onto my Mac laptop computer and closed all programs and windows that were open on my desktop. They may have copied and took all the files from my hard drive. They also confiscated a 5 port ethernet network hub and its power supply.
I was removed from my class, along with the instructor, and brought into the hallway. The personnel from IT was holding my hub and told me I was not allowed to have this hardware in my office and said he would have to take it. The IT representative also told me to stop downloading “illegally”, and that I was using too much bandwidth.
What I have trouble with is how he physically entered my office, confiscated hardware and got onto my computer without my consent. If I was consuming too much bandwidth, an e-mail would have been more appropriate. Further, the IT department has crossed an ethical line. Is this the policy of the University of Northern Colorado? Does the administration condone searches and seizures on their students and faculty?
It was not until later that I learned he entered my office without anyone's permission. I can only suspect he had access to my class schedule and was waiting for me to be absent from my office so he could freely enter and search on my hard drive for whatever he may have been looking for.
I came to this university ready to give all my energy to teaching students and studying with all my heart. My desire to learn and grow within my discipline has never been stronger. Yet the IT department at UNC disregarded my rights, and has no regrets of doing so. (Not yet.)
So....Is this the university's policy? Indeed, they gave no apology for raiding my office and taking over my computer and confiscating my hardware. How many people have been pissed on by this university not upholding its "rights" policy? I am one who has stood up to administration. There may have been others who haven't, or others who will experience what I did.
The following morning I personally delivered a letter describing my situation to the dean of Natural and Health Sciences...she listened, but I never got any apology. Raiding offices is a common thing on UNC campus, you don't want it to happen to you, do you?
Sent: Sun 9/9/2007 11:41 AM Dear Jeanette,
I would like to visit with you in reference to my rights being violated by a UNC IT department representative. I have attached a letter which I have personally submitted to Dean Battles this past Friday, which will familiarize you with the situation if you have not yet heard. Also, if I feel like I am being ignored or otherwise uncompensated on this issue I will be going to the campus newspaper, the city newspaper, my hometown newspaper, the Graduate Student Association, and will file an official complaint with UNC. In addition, I will be sending an e-mail and letters to the provost, the president, and my fellow colleagues within my discipline and other studies as well, informing them all of the unwillingness to apologize for the breaking and entering onto my personal computer in an illegally. In addition to making everyone aware of the fault of your representative I will continue a campaign against the IT department for the next four years of my academic career at UNC. Again, I am only searching for an apology.
This act, which occurred this past Thursday, is completely unprofessional. My focus on school is now in disarray and your representative is to blame. Do I need to constantly worry he will be back to get onto my personal computer for a bandwidth consumption?
I am deeply troubled by what has happened. Hopefully it was a rare occurrence and can be corrected with an apology. Please e-mail me and let me know when we can discuss this in person.
Sincerely,
Sam Zwenger
1-2555
Jeanette Van Galder ignored my e-mail. The dean sent me a series of e-mails, which I have included here...
Sent: Mon 9/10/2007 10:19 AM
Dear Sam:
I am writing to follow-up on your letter of complaint that you provided
to me this past Friday. I understand that you have also been in contact
with Jeanette VanGalder, and I would like to suggest that the best way
for us to address this matter is to arrange for a group meeting among
yourself, Jeanette VanGalder, your School Director (Dr. Gardiner) and
me. Because this is a student matter, I also plan to include at the
meeting Dean of Students, Samantha Ortiz-Schriver.
If you could please send to me a list of times this week and perhaps the
beginning of next week when you are available to meet, I will look to
set up the meeting.
Best regards,
Denise Battles
Sent: Monday, September 10, 2007 10:39 AM
I am available to meet the following times;
9-11-07 8am-noon
9-13-07 8am-4pm
9-14-07 8am-10am
9-17-07 8-10am, 1-3pm
Sent: Mon 9/10/2007 10:40 AM
Thanks - our office will check on the schedules of the other invitees
and be back in touch.
Sent: Monday, September 10, 2007 12:45 PM
Thanks Denise,
By the way, I am familiar with the ACLU/Howling Pig incident which
happened in 2004. Unfortunately Jeanette has ignored my email I sent
her. She should bring a letter of apology and a statement that it is not
policy for IT personnel to secretly enter my office and get onto my
computer. I am contacting a friend of mine who is in law school to see
what he has to say. I'll cc her a copy of this.
Sam
Sent: Mon 9/10/2007 12:54 PM
Sam:
I am not familiar with the incident you describe, as it predates my
employment here at UNC, but I know that Ms. VanGalder has not ignored
your emails, as our planned group meeting is a direct result of your
communications with her. What I would suggest is that we proceed with
our plans for a meeting, which will put all of the key folks into one
room, and then you can express your sentiments and concerns.
Best regards,
Denise Battles
Sent: Monday, September 10, 2007 1:11 PM
Okay, great. Thanks.
Sam
Sent: Tue 9/11/2007 11:00 AM Sam:
Good news - we were able to make the original set of dates work after
all. We plan to meet next Monday, September 17 from 1-2PM in Gunter
1120. Unless I hear back from you that your schedule has changed, we
will plan on that.
Denise Battles
UNC Policy
“In case of suspected violations of UNC procedures, especially unauthorized access to computing systems, the system administrator may authorize detailed session logging. This may involve a complete keystroke log of an entire session. In addition the system administrator may authorize limited searching of user files to gather evidence on a suspected violation.”
“University owned computer and equipment might be examined to detect unauthorized software use and to evaluate the security of the network.”
“If UNC believes unauthorized access or disclosure of information has occurred or will occur, UNC will make reasonable efforts to inform the affected computer account holder, except when notification is impractical or when notification would be detrimental to an investigation of a violation of law, policy or procedure.”
Why did the university go against its policy?
Does it often disregard its policy?
How can trust be reestablished?
Why did the UNC IT department fail to live up to and show a disregard for the UNC five fundamental values: Honesty, Trust, Respect, Fairness, and Responsibility?
9-18-07
The meeting just got over with.
No apology was given.
Entering anyone's office is UNC policy if it is an emergency. In my case, IT personnel entered because I was "using 33% of the entire university bandwidth." There was no other way to contact me because the phone was not working. Mysteriously, somehow I was still able to recieve calls and call out to other people. Contacting me via e-mail wasn't an option because they needed to stop my bandwidth consumption immediately in fear that I might take down the entire network. I asked to see proof of 33% consumption, which later showed the IT dept. lied about the amount of bandwidth.
I was asked to "collaborate" on an education promotion of illegal downloading. I declined.
I was told that I had been reported to the univeristy attorney because I was downloading illegaly, but no charges will be pressed. I asked and encouraged them to press charges. Everyone laughed. I know this is not feasible because no one knows what files I was sharing.
Jeanette Van Galder said they couldn't shut my computer down remotely, they lack the capability to do that. They had to enter my office and get on my computer. Another lie.
My files I was running on Azureus are still not working. No solution was given.
I asked the VP of IT why she did not respond to my e-mail on why IT personnel entered my office, confiscated my hardware, and got onto my computer. She said it was too complex an issue to respond with an e-mail. Another lie.
Later...
Jeanette,
I received your fax concerning the consumption of 33% of UNC's bandwidth on September 6th, 2007. I'm having a hard time finding 33% any where. Where is that at?
Sam
-----Original Message-----
From: VanGalder, Jeanette
Sent: Wed 9/19/2007 6:02 PM
To: Zwenger, Samuel
Subject: RE: Can't find 33%
Sam,
I am just now catching up on my email after returning from my business trip. The connection was consuming 6.6M (Max inbound)of the 20M pipe.
Jeanette
Jeanette,
Just to clarify, the university pipe is 20M? Or is that not for the entire university.
Thanks,
Sam Zwenger
From: VanGalder, Jeanette Sent: Thu 9/20/2007 9:01 AM
To: Zwenger, Samuel
Cc: Lambden, Ronald
Subject: RE: Can't find 33%
Attachments:
View As Web Page
Sam,
For Real Audio transmissions and P2P apps, such as Skype and Bittorrent, yes.
For all further communication, please contact UNC's attorney cc'd here. I've supplied his contact information below:
Ron Lambden
VP General Counsel, Legal and Contracting
Office Address: Legal and Contracting
Carter Hall
Campus Box 29
Greeley, CO 80639
Office Telephone: 970 3512399
E-mail: ronald.lambden@unco.edu
Thank you,
Jeanette Van Galder
This world has too many liars and corrupt adults in it. It's time youth rebelled in the name of justice.
