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| Chilling Effects Clearinghouse > Linking > Notices > UCSD tries to burn links to alleged terrorist organization | Location: http://www.chillingeffects.org/linking/notice.cgi?NoticeID=413 |
September 17, 2002
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Sender Information: |
Recipient Information:
[Private]
Che Cafe Collective
La Jolla, CA, 92093, USA
Sent via: email
Re: URGENT: Issue with burn.ucsd.edu web site
[Private], [Private], [Private], and Che Cafe Collective: Pursuant to the Section II.A.2. and 4 of the Memorandum of Understanding between the UCSD and AS/GSA/Co-ops, this letter will serve to inform you that the Che Caf? is in violation of UCSD policies and Federal law by maintaining the burn.ucsd.edu web site and using UCSD computer network resources to provide access to a terrorist organization. Presently, the burn.ucsd.edu web site includes links supporting the Revolutionary Armed Forces of Columbia (FARC), an organization listed by the U.S. Department of State as a Designated Foreign Terrorist Organization (FTO). Providing material support or resources to a designated FTO is a violation of federal law (18 US 2339A, see http://www.state.gov/s/ct/rls/fs/2002/12389.htm). Using UCSD computing resources to violate federal laws is against UCSD Policies, specifically the Acceptable Use Policies of Academic Computing Services (see http://www-acs.ucsd.edu/lib/aup.html). Federal law also specifies that providing material support to support terrorists not only includes money and training but also includes communications equipment, personnel, and facilities. In this case, communications equipment is the use of the UCSD computer network resources, personnel are the Che Caf? members who maintain the server with burn web site, and facilities include the Che facility where the server is housed. I am hereby instructing you to immediately remove the FARC from listing on the burn.ucsd.edu web site or any other web site that is uses the ?ucsd.edu? domain name or any computer or other communications equipment or other resources or facilities used by the Che Caf? that are owned, leased or operated by UCSD. Your are further hereby instructed to immediately disconnect the link on burn.ucsd.edu to the FARC web site. Your failure to comply with the instructions noted in this notice will result in disciplinary action under the UCSD Student Conduct Code and/or the termination of the MOU as it may apply to the Che Caf?. Principal Please confirm your compliance with these instructions by no later than Friday, September 20. Additionally, you should review the U.S. Department of State?s listing of FTOs (see http://www.state.gov/s/ct/rls/fs/2002/12389.htm) and the content of the burn web site on a regular basis to be certain that links or material on the web site are in compliance with the UCSD Academic Computing Services Acceptable Use Policy and with all applicable laws. Sincerely,
members of the organization will also be held responsible for the actions of the organization.
[Private]
Director, University Centers
*********************************************************************
[Private]
University Centers Director
mailto:[private]
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Question: What is a hyperlink? Answer: Unless you typed the URL directly into your web browser, you probably followed a hyperlink to get to this page. A hyperlink is a location reference that the web browser interprets, often by underlining the text in blue, to "link" to another information resource when clicked. In HTML (HyperText Markup Language, the code used to write web pages), a hyperlink looks like this: link Question: If a hyperlink is just a location pointer, how can it be illegal? Answer: It probably isn't, however, a few courts have now held that a hyperlink violates the law if it points to illegal material with the purpose of disseminating that illegal material:
Like anything else on a website, a hyperlink could also be problematic if it misrepresents something about the website. For example, if the link and surrounding text falsely stated that a website is affiliated with another site or sponsored by the linked company, it might be false advertising or defamation. Finally, post-Grokster, a hyperlink might be argued to induce copyright infringement, if the link were made knowing that the linked-to material was infringing and with the intent of inducing people to follow the link and infringe copyright. In most cases, however, simple linking is unlikely to violate the law. Question: Is linking protected by the First Amendment? Answer: The First Amendment to the U.S. Constitution says that "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..." The government (and states, under the Fourteenth Amendment) must meet a high level of scrutiny before restricting speech. A hyperlinks refers to and describes the location of another Internet resource. The text of the hyperlink and the material linked to may be highly expressive. In addition, the act of linking to other websites may be likened to protected "assembly," or association with those sites. Question: Who is bound by the First Amendment? Answer: The rights in the First Amendment apply against the federal government, state governments (through the Fourteenth Amendment), and "state actors," such as government officials and institutions controlled by the state. State schools, in particular, are state actors bound by the First Amendment. |
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