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Student Faces Suspension For Spamming Profs

edmicman sends word of a Fox News report about a Michigan State University student who is facing suspension for bulk emailing a number of professors at the university about a proposed change to the school calendar — an e-mail that the university is labeling spam. The article contains links to a copy of the original email, the allegations against the student, and the university's Email Acceptable Use Policy. The student, Kara Spencer, asked a Philadelphia rights organization, FIRE, to get involved. The article quotes the FIRE defense program director: "The fact that MSU is considering punishment of Spencer simply for exercising her right to contact selected faculty members by e-mail shows a disturbing disregard for students' freedom of expression. ... Threatening a member of the student government with suspension for sending relevant, timely e-mails to faculty members is outrageous." Spencer is awaiting the school's judgement after a hearing, and vows to take to the courts if suspended.

516 comments

  1. Mass mailing by DerekJ212 · · Score: 5, Funny

    Clearly, the solution is to mass mail all students at the university for support.

    1. Re:Mass mailing by decipher_saint · · Score: 1

      I was thinking auto-dialler running around the clock to everyone on campus, heck, why not call the whole town?

      --
      crazy dynamite monkey
    2. Re:Mass mailing by digitalunity · · Score: 5, Insightful

      No that would be ineffective. Clearly the proper course of action is to contact the media so millions of uninvolved strangers can mock the university for such stupefying misapplication of policy.

      Interestingly, it seems as a student government representative she was fulfilling her duties by attempting to negotiate change between students and faculty. Her email was well written, clear and concise.

      I fail to see how the university can justify any reprisal.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    3. Re:Mass mailing by Anonymous Coward · · Score: 5, Informative
      The details of the case, with analysis, are here: http://www.thefire.org/index.php/case/773.html.

      MSU's anti-spam policy is clearly unconstitutional (see blog post at http://www.thefire.org/index.php/article/10012.html).

      Adam Kissel
      Director, Individual Rights Defense Program
      Foundation for Individual Rights in Education

    4. Re:Mass mailing by Anonymous Coward · · Score: 0, Insightful

      I fail to see how the university can justify any reprisal.

      She was already informed that she had violated policy, and she refused to change that.

      Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

    5. Re:Mass mailing by Colonel+Korn · · Score: 4, Funny

      The only job of student government in any university is to plan parties. Good for her for trying to do more.

      --
      "I zero-index my hamsters" - Willtor (147206)
    6. Re:Mass mailing by Chyeld · · Score: 2, Interesting

      Interestingly, it seems as a student government representative she was fulfilling her duties by attempting to negotiate change between students and faculty. Her email was well written, clear and concise.

      I fail to see how the university can justify any reprisal.

      Haven't worked much in the uni environment have you? Grumpy old men shouting "Get off my lawn" seem welcoming compared to the grizzly bear attitude of a tenured professor who feels their authority has been challenged.

    7. Re:Mass mailing by stewbacca · · Score: 2, Insightful

      It isn't unconstitutional until a judge rules it to be. An opinion blog or forum opinion does not determine constitutionality. Otherwise, I agree with their assessment...if this were challenged in a constitutional court, it would probably be found to be unconstitutional ;-)

    8. Re:Mass mailing by moderatorrater · · Score: 5, Insightful

      Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

      I thought that was the point of civil disobedience, that you showed the world the injustice by suffering through the situation in a more public way.

    9. Re:Mass mailing by bigstrat2003 · · Score: 5, Insightful

      An opinion blog or forum opinion does not determine constitutionality.

      <nitpick>

      Not so. Anyone can determine constitutionality by examining a law, and the constitution, and telling you whether or not it violates the constitution. Now, that won't save your ass in court, but to say that the only valid judge of constitutionality is the courts is not only wrong, but against the spirit in which our nation was founded (that the people should keep the government in check).

      </nitpick>

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    10. Re:Mass mailing by Anonymous Coward · · Score: 3, Insightful

      Um, what?

      The whole point of civil disobedience is to draw the consequences onto yourself and bring the issue to light so it can be stepped on and killed. The "blubbering" - as you so childishly put it - is directed at the original wrong, not the consequence! It's part of the process.

    11. Re:Mass mailing by Anonymous Coward · · Score: 2, Insightful

      You fail to understand the purpose of civil disobedience.

      The purpose is to change things.

      You break the rules and you stand defiantly when Mr. Consequence shows up. If your cause is just, hopefully people stand with you. It may take a little blubbering.

      Quietly allowing Mr. Consequence to screw you is not the way to engage in civil disobedience.

    12. Re:Mass mailing by timeOday · · Score: 4, Insightful

      I'd say she stands a pretty good chance of not getting suspending, and getting the school's AUP policy changed. Are you saying she should instead simply accept suspension-martyrdom? Do you consider appealing a ruling to a higher court to be disrespectful of the law?

    13. Re:Mass mailing by PMuse · · Score: 0, Troll

      She was already informed that she had violated policy, and she refused to change that. Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

      Well, now she has bought herself an opportunity to experience the University's discipline procedures and to prove (a) that she didn't violate the email policy or (b) that the email policy should be changed or (c) that she will be attending school elsewhere next year.

      What she will not be doing is making much progress on the calendar issue.

      You go girl! I hope you still think this was your best available tactic this time next year.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    14. Re:Mass mailing by jellomizer · · Score: 2, Informative

      Back in the day. The students had problems with student government spamming the students. I was always trying to fight it. But they are convinced that the information was important (Like reporting a snow day class cancelation at 9:30am (after have walked back from my 8:30 class covered with snow, realizing it was canceled) ) But the most of it was X type of Party Here, Y party there. Z club is doing B. Sometimes in the middle they may toss some useful information like if you plan on graduating please get C signed before D, just so you have to read everything. I think I started to make bounce-back requests just to get them to stop. Asking them was fruitless.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    15. Re:Mass mailing by Hodar · · Score: 1
      It seems the only person calling the MSU policy 'unconstitutional' is you. This us usually a matter determined by the courts, so it appears you are being a bit presumptuous.

      Courts have already determined that Universities are responsible for the internet traffic that flows across their networks, whether the University approves, or disapproves of the content. (You may analyze as many RIAA cases as you deem necessary)

      When you own a system, granting others use to that system is a courtesy. When you are cautioned that you are abusing a system (maintained, owned and operated by another party) and you insist on continuing to abuse the system; one should expect consequences.

      This is akin to grabbing a microphone at the Student Commons and demanding that you be allowed to exercise your 'Free Speech' for as long as you care to talk. This is a case where one person has decided that her personal rights trump the rights of everyone else around her.

      If you send out emails to ~300 people, after being told to cease and desist, yet continue to abuse the system, MSU has a choice. Either MSU enforces their policies on each infraction, or abandons control of the email system that they own.

      You have the right to talk, but you do not have the right to demand that everyone else listen.

    16. Re:Mass mailing by paeanblack · · Score: 4, Insightful

      The university dilemma:

          -If the students can disrupt the system, then the administration has failed to do its job.

          -If the students can't disrupt the system, then the professors have failed to do their jobs.

      This case is nothing new. The university had a policy and had good reasons for that policy. A student broke the policy and had good reasons for breaking that policy. Student gets called for judicial review. If she can defend her actions, nothing happens. If she can't, she gets disciplined. Either way, nobody is walking away with any scars...there is no way she's getting the boot for this.

      Neither party is doing anything wrong here, and the process generally works fairly well.

    17. Re:Mass mailing by smidget2k4 · · Score: 1

      Your post is clearly unconstitutional based upon my reading of it!

      If a court doesn't say it, it doesn't hold any weight or matter. The offending party is assumed innocent until proven guilty of violating the Consitution. Being "guilty until proven innocent" "is not only wrong, but against the spirit in which our nation was founded."

    18. Re:Mass mailing by astarf · · Score: 1

      Spam is a scourge of the modern internet. Were even a small percentage of the student body to follow this lead in blasting out an email out to hundreds of faculty members any time something annoyed them, it would quickly clog faculty inboxes. There was a right way to have her grevience heard -- spamming 391 faculty members certainly wasn't it.

    19. Re:Mass mailing by megamerican · · Score: 1

      The courts do not have a monopoly on saying what is or isn't Constitutional. Nowhere in the Constitution does it say so. Congress and the Executive have means to decide what is Constitutional, although they never exercise them.

      Right away the Supreme Court gave themselve the power to decide what is Constitutional or not and many of the founders weren't happy with that decision. One of the most notable opponents to the Judicial branches power was Thomas Jefferson who wrote considerably on the topic.

      The SCOTUS has made some ridiculous rulings over the years. They claim the State has unlimited power to seize private property, during the depression they claimed that growing wheat for personal use was "interstate commerce," and they have also ruled that corporations have the same rights as a natural person.

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    20. Re:Mass mailing by Richard_at_work · · Score: 1

      How can it be unconstitutional? No publication or service *has* to carry your message.

    21. Re:Mass mailing by sjames · · Score: 1

      Since her email was explicitly permitted by the universities policy on bulk email:

      Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients. Such permitted uses include:

      Communication of information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student.

      She might well have justifiably believed that that information was in error.

    22. Re:Mass mailing by clone53421 · · Score: 1

      She wasn't part of the "University offices", and her e-mail wasn't "communications necessary to the normal course of business". She was voicing her personal opinion as to why the change in policy was bad, and the policy explicitly prohibits use of bulk mailers for "personal" or "political" purposes.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    23. Re:Mass mailing by stewbacca · · Score: 1

      I see your point about keeping the government in check, but that's why I said a blog or a forum and the general libertarian belief that anything that they disagree with is unconstitutional is not automatically unconstitutional. Specific elements of the government determine constitutionality, not some guy on slashdot. Maybe I was wrong saying it is a judge or a court, but it clearly isn't in the hands of the common man to determine what is constitutional or not. Otherwise we wouldn't need attorneys now, would we?

    24. Re:Mass mailing by sjames · · Score: 4, Informative

      RTFA! It is alleged that the student violated the policy. However, reading the policy, there is a clause that specifically permits bulk emailing communications regarding changes to university policies of procedures. There is room to interpret that as permission to bulk email about the changed academic calendar.

      However, it is premature to cry foul yet as there has been no ruling on the matter. For all we know, it'll be dismissed with no action at all.

    25. Re:Mass mailing by Subm · · Score: 1

      Adam Kissel
      Director, Individual Rights Defense Program
      Foundation for Individual Rights in Education

      Hey Adam, just out of curiosity...

      Why did you post anonymously?

    26. Re:Mass mailing by Frnknstn · · Score: 5, Insightful

      Spam is:

      Unsolicited,
      Bulk,
      Commercial
      email.

      It is not solicited email of any kind, it is not personal email of any kind, and it is not non-commercial email. A local school emailing your entire neighborhood to tell them that the school is closed due to snow is annoying, but it is not spam. A teenager who emails a chain letter to your entire domain is annoying, but it is not spam.

      This was (barely) bulk, and it was mostly unsolicited. It was not, however, commercial and thus it was not spam.

      --
      If it's in you sig, it's in your post.
    27. Re:Mass mailing by Anonymous Coward · · Score: 0

      Quietly allowing Mr. Consequence to screw you...

      Yeah, I saw that pr0n-o, too. While I often get annoyed at fake, screaming orgasms, I also do not see any point in a chick just laying there taking one for team and keeping her mouth shut. Unless it is full.

    28. Re:Mass mailing by sjames · · Score: 1

      That's the other side. Political and personal do not necessarily fit since it isn't just her schedule that is changed and and the matter is purely one of practicality.

      The openness to interpretation is part of the issue.

    29. Re:Mass mailing by Anonymous Coward · · Score: 0

      Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

      EPIC FAIL.

    30. Re:Mass mailing by clone53421 · · Score: 1

      No, the policy isn't only related to her personal schedule, but the opinion is her personal opinion. Trying to get it changed is politics.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    31. Re:Mass mailing by optikSmoke · · Score: 1

      The only job of student government in any university is to plan parties. Good for her for trying to do more.

      From the letter:

      The shortening of Fall Welcome may impact the organized activities of colleges and impede the acclimation of freshmen, international, and out-of-state students to the University.

      "acclimation", i.e. party time.

    32. Re:Mass mailing by Firethorn · · Score: 4, Informative

      While UBC/UCE* is indeed spam, I'd say that the chain letter is INDEED SPAM as well.

      Google's list of definitions.

      Unsolicited Email, like electronic junk mail
      Unwanted, usually advertisement email. Spam are usually sent in bulk and the recipient addresses are obtained by illegal means (eg by tapping the network communication).
      Spam is the term widely used for unsolicited e-mail; spam is also referred to as junk mail. Spam is usually sent indiscriminately to hundreds or even hundreds of thousands of inbox's simultaneously.
      Spamming is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. ...
      A collection of unsolicited bulk electronic messages; Any undesired electronic content automatically-generated for commercial purposes; (rare) An unsolicited electronic message sent in bulk, usually by email or newsgroups; Alternative form of SPAM; : To send spam (i.e. unsolicited electronic ...
      An obnoxious practice of mass advertising to clients through e-mail, IRC, a browser, or any other communication device.

      Basically, UBC is SPAM, but SPAM isn't necessarily UBC.

      *Unsolicited Commercial Email

      --
      I don't read AC A human right
    33. Re:Mass mailing by Talderas · · Score: 1

      I fail to see how the university can justify any reprisal.

      From the university's policy regarding bulk-email.

      âoeBulk e-mailâ in this context means the transmission of an e-mail message within a short time frame to more than a small set of recipients who may not have elected voluntarily to receive the e-mail. âoeShort time frameâ means an interval spanning as long as 2 days. âoeSmall set of recipientsâ means the size of individual-recipient address lists (To, CC, BCC fields) typical of most e-mails in common use, ranging from 1, to a few, to as many as may be involved in a large committee or work group (~20-30). Use of mailing lists and listservs to which recipients may voluntarily opt in and opt out is encouraged, and this type of e-mail distribution is not included in the meaning of âoebulk e-mailâ in this document.

      Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients.

      Student organizations whether governmental or others wise are sanctioned organizations of the college and not a university office. She pretty blatantly violated that one. Even so, student government should go through their faculty liaisons, not the entire faculty.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    34. Re:Mass mailing by Firethorn · · Score: 1

      Just my thought - Just because the 1st says the government can't silence you, neither does the ammendment force the government or anybody else to provide for the distribution of your message.

      You're free to yell from your soapbox, run a printing press from home, etc... You can't walk into a Kinkos and demand that they run off 10k copies of your manifesto for free.

      This extends to email systems, bulletin boards, etc...

      --
      I don't read AC A human right
    35. Re:Mass mailing by Anonymous Coward · · Score: 0

      However, reading the policy, there is a clause that specifically permits bulk emailing communications regarding changes to university policies of procedures.

      Read it again, as that clause only specifically permits "University offices" to do so. It also pretty clearly states that "University offices" are the ONLY body permitted to mass-mail for any purpose at any time.

    36. Re:Mass mailing by bigstrat2003 · · Score: 2, Informative

      Except for the fact that the government doesn't actually have rights (and is the only party who can do something unconstitutional, since the constitution binds only them). Individuals in the government have rights, the government itself does not.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    37. Re:Mass mailing by ragefan · · Score: 1

      "Hello, this is Happy Dude! The court has ordered me to call every person in town to apologize for my telemarketing scam. I'm sorry. If you can find it in your heart to forgive me, send one dollar to : Sorry Dude, 742 Evergreen Terrace, Springfield. You have the power!"

    38. Re:Mass mailing by bigstrat2003 · · Score: 1

      Why shouldn't it be in the hands of the common man to determine what is constitutional or not? Now, mind you, I'm not saying that the ramblings of /. users need to carry weight in a court of law, but let's not forget that the term "constitutional" can be used outside a court of law. Anyone can determine whether something is or is not constitutional, it's a free country. It's just that unless you happen to be a judge, your opinion won't be applied to other legal cases, and won't get the law overturned.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    39. Re:Mass mailing by Orion+Blastar · · Score: 1

      QTF!

      Break the deal, spin the wheel, this is Thunderdome.

      Oops, sorry, wrong movie.

      Yes Civil Disobedience is still Disobedience according to Maddox.


      Why does everyone always sing the praises of civil disobedience? What good did it do for Gandhi? He's dead. What the hell is civil disobedience anyway? You can add the word "civil" to any crime (and yes, protesting is a crime, or will be if I'm elected in office), and suddenly it has a positive connotation? What next, civil first degree felony with aggravated assault? What's worse is that these black-foots stink up the streets with their VW bugs and harass the officers just trying to crack some skull. Which leads me to my next point:

      No more police. Police officers will be replaced with a strike force with the ability to tap into your phone conversations, spy on your Internet connection, arrest you for no reason or any reason at all, and interrogate you behind closed doors during secret hearings. It'll be awesome, and if anyone complains, they will be labeled unpatriotic. The beauty of it is that people won't protest because protesters will be victims of police brutality. The reason I say victims is because the punishment for the crime of brutalizing police would be murder. It's the criminals who need to be brutalized, not the police.

      You thought Bush was bad? Wait until Maddox is President in 2012? :)

      Besides it is not like she spammed them with Viagra sales pitches, it was just some stupid protest that was part of the liberal agenda her liberal professor told her to do like a good little puppet. The Internet is full of such liberal puppets and they are on Slashdot as well.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    40. Re:Mass mailing by Bastard+of+Subhumani · · Score: 2, Informative

      If you had email back in the day, then by definition that wasn't back in the day.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    41. Re:Mass mailing by DerekLyons · · Score: 2, Insightful

      RTFA! It is alleged that the student violated the policy. However, reading the policy, there is a clause that specifically permits bulk emailing communications regarding changes to university policies of procedures. There is room to interpret that as permission to bulk email about the changed academic calendar.

      Except her email wasn't an [informative] communication about the changes, it was a [personal and political] protest against the changes. As other have pointed out, the former is specifically permitted, the latter specifically forbidden.

    42. Re:Mass mailing by Orion+Blastar · · Score: 1

      Oops, typo, he can't run until 2016. Most likely Maddox will be the Republican pick for President because most of the modern Republicans left after Bush can't get their shit together to run a decent campaign like Maddox could.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    43. Re:Mass mailing by clone53421 · · Score: 1

      Thank you, I couldn't have said it better myself... oh wait ;)

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    44. Re:Mass mailing by Bastard+of+Subhumani · · Score: 2, Informative

      It seems the only person calling the MSU policy 'unconstitutional' is you. This us usually a matter determined by the courts, so it appears you are being a bit presumptuous.

      I'm not qualified as a doctor. My opinion on whether someone is alive or not might not carry legal weight and I would have no authority to sign a death certificate.

      However, if I observed that someone had been decapitated, my opinion that he was in a non-viable state would be correct.

      Holding a qualification or being appointed to a position are neither necessary nor sufficient conditions to having the right answer. Shame on you.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    45. Re:Mass mailing by GooberToo · · Score: 1

      She was already informed that she had violated policy

      Then she violated policy, not spammed professors. Those are two completely different issues.

    46. Re:Mass mailing by Frnknstn · · Score: 1

      Unsolicited Email, like electronic junk mail

      Junk mail

      Unwanted, usually advertisement email. ...

      An obnoxious practice of mass advertising to clients through e-mail, IRC, a browser, or any other communication device.

      --
      If it's in you sig, it's in your post.
    47. Re:Mass mailing by iamhassi · · Score: 1

      "A local school emailing your entire neighborhood to tell them that the school is closed due to snow is annoying, but it is not spam. A teenager who emails a chain letter to your entire domain is annoying, but it is not spam."

      What about a city mailing list that emails you constantly, but you never signed up for it and never lived anywhere near that city or even the state? Because that is what I have been facing the last few months. I get everything from ads for local businesses (local in that city) to new holiday events. I consider it SPAM, even if it is not all commercial.

      --
      my karma will be here long after I'm gone
    48. Re:Mass mailing by Deep+Orange · · Score: 1

      I doubt that you could really call the email Unsolicited since it was sent by a student to faculty members concerning a University matter. Professors are given school email accounts and those email addresses are then given to students so they may "in a timely and convenient manner for both student and teacher" make contact with their teachers. Many teachers receive much of their homework assignments this way. I'm not sure how people can claim this email was anything more than bulk.

    49. Re:Mass mailing by Wowlapalooza · · Score: 1

      Read the policy more carefully, please. It says that "University offices" get this exception for announcing "changes of University policies or procedures".

      Ordinary students or, presumably, individual faculty members, don't enjoy the exception

    50. Re:Mass mailing by geekoid · · Score: 1

      Bulk email does not equal Spam.

      The email was regarding the school, it's policy and came from someone on the student body.

      The was business email. No different when I send an email to 20 people regarding work.

      The fact that it's 980 people is irrelevant.

      If she was trying to sell something, or it regarded something other then school related policy, you might have a point...maybe.

      Yes, it may be dismissed, but it should not have gone this far. A complete waste of resources.

      I can arrest you for some crime, and ahve it ultimately be dismissed. That doesn't mean it's ok, or that there is no long term effects against you.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    51. Re:Mass mailing by geekoid · · Score: 1

      That's not true at all.
      I can list things all day that are unconstitutional.
      A judge has power to back it up with more, ie make it stop.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    52. Re:Mass mailing by SlowMovingTarget · · Score: 1

      I disagree with your characterization. MSU had never, until that point, enforced the policy even on actual spam and hacking activities. They enforced it the moment someone disagreed with a faculty position. One of the professors got bent out of shape by being confronted with discord from a student (the temerity!).

      There's no blubbering here, just righteous defiance. Remember, she insisted that charges be brought against her.

    53. Re:Mass mailing by Ian_Mi · · Score: 1

      I see your point about keeping the government in check, but that's why I said a blog or a forum and the general libertarian belief that anything that they disagree with is unconstitutional is not automatically unconstitutional. Specific elements of the government determine constitutionality, not some guy on slashdot. Maybe I was wrong saying it is a judge or a court, but it clearly isn't in the hands of the common man to determine what is constitutional or not. Otherwise we wouldn't need attorneys now, would we?

      Adam was claiming that their policy is unconstitutional, and gave his reasons. A judge isn't needed for something to be constitutional or unconstitutional, either it is or it isn't! Either you think his reasons are valid and you agree that the policy is unconstitutional, or you think his reasons are invalid. It doesn't make any sense to say, 'well maybe that should be unconstitutional, but a judge hasn't said it yet!' A court ruling that something is unconstitutional is not the same as a court making something unconstitutional. If a court rules that a policy is unconstitutional, the court isn't making that policy unconstitutional from that point forward. It is ruling that the policy always was unconstitutional. It's not like Adam said "I'm making this unconstitutional, because I said so," rather he said he believed it to be unconstitutional.

    54. Re:Mass mailing by wireloose · · Score: 1

      Most Universities mass email their students all kinds of "advertising" for University services. They often claim that they own the email systems and provide the accounts to students for "official purposes." Those are in theory related to academics. Any student who uses the email system for college-related activities is working within the College or University's "learning environment" and should be able to do so. Turnabout is fair play, and the school will always be the first to cry "foul."

      All rules that apply to students on official use should also apply to faculty, staff, and administration, especially in a learning environment.

    55. Re:Mass mailing by jbezorg · · Score: 1

      Spam is:

      Unsolicited, Bulk, Commercial

      Wrong. Spam is Unsolicited & Bulk. The content of the message does not matter. Even if there is only the headers and no body. Unsolicited is the tricky part. A company sending out a mass email about a product recall to every customer's email address in their database is not spam.

      Regardless, she was informed on how to use the University's network. She refused. If it was a company's network, she should be fired.

      --
      I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
    56. Re:Mass mailing by stewbacca · · Score: 2, Insightful

      All I read was the Anonymous Coward said, "clearly" and "unconstitutional", then linked to a blog. I guess I'll never agree with some of you on /. Just because you believe something to be true, doesn't mean it is. Because YOU think something is unconstitutional, doesn't mean it is. Mind you, I don't DISAGREE that this sounds unconstitutional--it's just not my right to deem it as such. I CAN challenge the constitutionality of it, however. Things aren't automatically unconstitutional or not, until they are challenged.

    57. Re:Mass mailing by Chris+Burke · · Score: 1

      Not so. Anyone can determine constitutionality by examining a law, and the constitution, and telling you whether or not it violates the constitution. Now, that won't save your ass in court, but to say that the only valid judge of constitutionality is the courts is not only wrong, but against the spirit in which our nation was founded (that the people should keep the government in check).

      Uh, sure, anyone can form an opinion regarding Constitutionality, and it's "valid" for the same definition of valid that any person's random opinion can be considered valid. Legally, though, of course only a Judge may judge Constitutionality in a legally binding way. Says so in the Constitution -- and it may be your opinion that the Constitution doesn't say this, but, well, like I said...

      --

      The enemies of Democracy are
    58. Re:Mass mailing by mcmonkey · · Score: 1

      It is not solicited email of any kind

      You sure about that? I haven't RTFA ('natch), but I presume this email was sent to a publicly available email address for each professor.

      Aren't professors' email addresses made available to students so that students may contact professors with questions regarding academic matters?

      It does sound like the student was pushing the envelope, but we are talking about a student contacting professors regarding a school issue.

      I don't know if we can be so quick to say there was no solicitation of any kind.

    59. Re:Mass mailing by cas2000 · · Score: 4, Insightful

      no, while most spam is commercial, it doesn't have to be. i.e. "commercial" is NOT one of the defining attributes of spam. "unsolicited" and "bulk" are. spam is not about content, it is about consent.

      e.g there is political spam, religious spam, and chain-letter spam.

      if your example local school sent their notification to an opt-in list of people who wanted such notifications then it would not be spam. if, however, they sent it to everyone in the neighbourhood (or just to every parent) without first receiving a subscription request or obtaining prior consent then it would be spam.

      a teenager who sends a chain letter to your entire domain IS spam, as well as annoying.

      the student's email that this article about may or may not be spam. there isn't enough detail in the article to tell for sure.

      if she sent it to an existing staff list at the university which ordinarily allows students to email staff then it certainly would not be spam.

      if she constructed her own list then it might be spam. in any other context it certainly would be spam, but students DO have an implicit right to contact their teachers which makes it a grey area rather than clear cut.

      if she repeatedly sent email to her self-constructed list in order to harrass or cause annoyance or disruption of mail service then it would be mail-bombing (a form of DoS) rather than spam.

    60. Re:Mass mailing by ceoyoyo · · Score: 1

      That's what makes universities so fascinating. Particularly now that most administrations have bought into the idea that everything should be run like a business.

      The faculty decides to do something like tear up a bunch of trees to build an expensive new "digital library." The arts and humanities professors have been teaching their students about history, protest, civil disobedience etc.

      The graffiti on the plywood barriers around the construction site is hilarious.

    61. Re:Mass mailing by shentino · · Score: 1

      SpamCop would nitpick about commercial needing to be a part of it.

      Plus, you may have made a mistake.

      An announcement about school closure may be solicited through the consent inherent in being a resident in the given area.

      The chain-letter emailing may, however, count as spam.

      Which raises the question...

      Who decides what is and is not spam in the first place?

    62. Re:Mass mailing by viruswatts · · Score: 1

      The only job of student government in any university is to plan parties. Good for her for trying to do more.

      Why is this modded +5 Funny? Its true where I went to college. A student worker there quit his job because of the hassle the administration gave him for going above and beyond.

    63. Re:Mass mailing by Hatta · · Score: 4, Informative

      Not quite:

      Spam is an issue about consent, not content. Whether the UBE message is an advert, a scam, porn, a begging letter or an offer of a free lunch, the content is irrelevant - if the message was sent unsolicited and in bulk then the message is spam.

      Chain letters are absolutely spam. If I didn't ask for it, and I don't want it, and there's nothing specifically relevant to me in the email, then it is spam. What do I care if it's commercial or not? It still takes the same amount of space in my inbox, and the same amount of effort to get rid of.

      --
      Give me Classic Slashdot or give me death!
    64. Re:Mass mailing by Anonymous Coward · · Score: 0

      it was mostly unsolicited. It was not, however, commercial and thus it was not spam.

      So, when a former Nigerian oil minister sends me an email asking for help with his personal problem by participating in a couple simple, non-commercial financial transfers, you're telling me, it's not spam?

    65. Re:Mass mailing by Mr.+Slippery · · Score: 1

      Spam is:...Commercial email.

      No, there is no need for something to be commercial to be spam. One of the first recorded spams was an anti-war message sent to all CTSS MAIL users about 1971. The first major USENET spam was in January 1994, telling us "Jesus is Coming Soon". (Well, apparently he wasn't. Whoops!)

      The first documented use of the term "spam" that I've seen was in response to a USENET experiment called ARMM (Automated Retroactive Minimal Moderation) that went into sorcerer's apprentice mode and posted and posted and posted...

      Spam is UBE - unsolicited bulk e-mail (or other electronic communication). This was spam. Suspension may be too harsh, though: I'd just put her in the stocks for a few hours and hand every recipient a rotten tomato.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    66. Re:Mass mailing by Mr.+Slippery · · Score: 1

      I thought that was the point of civil disobedience, that you showed the world the injustice by suffering through the situation in a more public way.

      The point of civil disobedience, as formulated by Thoreau, is that people ought not resign their consciences to the state, that "we should be men first, and subjects afterward," that "It is not desirable to cultivate a respect for the law, so much as for the right."

      The idea of suffering through the situation to get public sympathy seems to have been an addition by Gandhi and MLK.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    67. Re:Mass mailing by neomunk · · Score: 1

      He probably doesn't have a slashdot account, and found this story through a link somewhere else.

      That's my guess anyway, because that's what I do when I want to comment on something in an area of the internet I don't usually frequent, if the option is available that is. It's just faster.

    68. Re:Mass mailing by himurabattousai · · Score: 2, Interesting

      Interestingly, it seems as a student government representative she was fulfilling her duties by attempting to negotiate change between students and faculty. Her email was well written, clear and concise.

      Yes, she was most definitely doing her job. To help students and faculty agree on the properness of university policies and programs is what student government is all about. Michigan State University has shown what it thinks of its students in general, and this one in particular. I would never advise anyone set foot on campus there, except to show them the money they are losing because of this idiocy.

      Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

      I think that the school is going to find that Mister Consequence is a rather painful guest to have to entertain. The FIRE has an excellent track record of making school administrators cry for their mothers, even on cases that do not see the inside of a court room. Mark my words, MSU will get owned if they decide to stand by their decisions.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    69. Re:Mass mailing by himurabattousai · · Score: 1

      I'm pretty sure that changes to the school calendar, with specific regards to events required every year of incoming freshmen, absolutely falls under the normal course of business. Providing a quality education is the reason each student's family pays thousands of dollars to a university every year. I don't see how anything that affects the ability of the school to deliver the product it promises for the money can not be considered the normal course of business.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    70. Re:Mass mailing by droopycom · · Score: 2, Informative

      If you read the disciplinary notice linked in the article, you'll see that the Acceptable Use Policy of this particular school indeed forbid Unsolicited, Bulk emailing (which the school calls "spam").

      Per the school policy, what she did was forbidden.
      Her defense is not about her interpretation of the policy (she knows what she did is a violation of the policy), but about the fact that this policy should be illegal.

    71. Re:Mass mailing by ScrewMaster · · Score: 1

      RTFA! It is alleged that the student violated the policy. However, reading the policy, there is a clause that specifically permits bulk emailing communications regarding changes to university policies of procedures. There is room to interpret that as permission to bulk email about the changed academic calendar.

      Except her email wasn't an [informative] communication about the changes, it was a [personal and political] protest against the changes. As other have pointed out, the former is specifically permitted, the latter specifically forbidden.

      Which may prove to be completely irrelevant if that policy is shown to be in violation of Federal law. Public Universities have responsibilities under the law that they cannot simply dispense with for their own bureaucratic convenience. We'll see ... the University is taking a bath on this one PR-wise anyway, and if they're smart they'll drop it. I doubt they'd do too well in court if she gets a good lawyer.

      --
      The higher the technology, the sharper that two-edged sword.
    72. Re:Mass mailing by danomac · · Score: 1

      if she constructed her own list then it might be spam. in any other context it certainly would be spam, but students DO have an implicit right to contact their teachers which makes it a grey area rather than clear cut.

      I consider this spam. She sent this to almost 400 instructors. When I went I had maybe 25 instructors.

      If she had sent this to only her instructors and not everyone she more than likely wouldn't be in this mess to begin with.

      I don't consider what she did to be an effective way to send a message.

    73. Re:Mass mailing by Anonymous Coward · · Score: 0

      Any female named "Spencer" should be suspended automatically.

    74. Re:Mass mailing by BorgCopyeditor · · Score: 4, Insightful

      To help students and faculty agree on the properness of university policies and programs is what student government is all about.

      Really? I thought it was about giving the ambitious and meddlesome a chance to hone their people-annoying skills while padding their resumes.

      --
      Shop as usual. And avoid panic buying.
    75. Re:Mass mailing by ScrewMaster · · Score: 4, Insightful

      I disagree with your characterization. MSU had never, until that point, enforced the policy even on actual spam and hacking activities. They enforced it the moment someone disagreed with a faculty position. One of the professors got bent out of shape by being confronted with discord from a student (the temerity!).

      There's no blubbering here, just righteous defiance. Remember, she insisted that charges be brought against her.

      Gotta give her credit for standing up for herself. Furthermore, it was only one professor out of some four thousand who registered a complaint. Apparently this wasn't a big problem for the faculty at all ... just for the Administration.

      That Lou what's-her-name President of the school will probably end up regretting this. She wanted to make a clear statement to the students: do what we tell you, and don't try to get the faculty on your side.. Instead, they ran up against someone who wouldn't cave when threatened. Now they're going to have to put up or shut up. Not only that, but if Ms. Spencer sticks to her guns, they may end up having a Federal judge tell them where to stick their email policies.

      --
      The higher the technology, the sharper that two-edged sword.
    76. Re:Mass mailing by ScrewMaster · · Score: 1

      Interestingly, it seems as a student government representative she was fulfilling her duties by attempting to negotiate change between students and faculty. Her email was well written, clear and concise.

      I fail to see how the university can justify any reprisal.

      Haven't worked much in the uni environment have you? Grumpy old men shouting "Get off my lawn" seem welcoming compared to the grizzly bear attitude of a tenured professor who feels their authority has been challenged.

      Yeah, no kidding. But in this case it wasn't the faculty that were riled up (it was their help she was trying to enlist with alleged spam.) It was the Administration, specifically the school President who got bent out of shape here.

      --
      The higher the technology, the sharper that two-edged sword.
    77. Re:Mass mailing by himurabattousai · · Score: 1

      Whether or not a judge rules on the constitutionality of this policy matters not one bit. The courts only recognize on which side of that line a policy such as this lies. Unconstitutionality, injustice, and so forth exist as they are outside our legal system.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    78. Re:Mass mailing by ScrewMaster · · Score: 1

      True enough, but on the other hand, sometimes things are obviously unconstitutional even to a layman. Our lawmakers continue to pump out such laws, knowing full well they would never pass Constitutional muster. Personally, if some of the fruitcakes we call "Congressmen" would just take a deep breath and ask themselves "What would the Founders think?" before submitting that next bill, I think we'd all be a heck of a lot better off.

      --
      The higher the technology, the sharper that two-edged sword.
    79. Re:Mass mailing by Anonymous Coward · · Score: 0

      "Use of mailing lists and listservs to which recipients may voluntarily opt in and opt out is encouraged, and this type of e-mail distribution is not included in the meaning of "bulk e-mail" in this document."

      So how did Spencer compile the list of email recipients? Did she send to a mailing list (or listserv), with opt-in? Did she get the list of email addresses by collecting them individually?

    80. Re:Mass mailing by ArbitraryDescriptor · · Score: 1

      Which may prove to be completely irrelevant if that policy is shown to be in violation of Federal law.

      By sending this bulk mail she violated the university's bulk email policy, and she is being punished as a result. Which law is this violating?

    81. Re:Mass mailing by bigstrat2003 · · Score: 1

      I never said otherwise. At no point did I say that a random person's opinion on constitutionality is legally binding, I merely pointed out that it's not necessary for your opinion to be legally binding for you to point out that something is unconstitutional. The constitutionality of an action is there or it's not, whether a judge recognizes it or not.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    82. Re:Mass mailing by Anonymous Coward · · Score: 0

      they have also ruled that corporations have the same rights as a natural person.

      As a law student who has studied constitutional law, I must say that I don't remember that case.

      I am currently studying corporate law, and from my limited knowledge of the topic, I doubt such a case exists.

      Cite?

    83. Re:Mass mailing by Chris+Burke · · Score: 1

      Well, okay, but the key word in the whatever-up post was "determine". Neither you nor I can determine Constitutionality. We can form opinions, but that's all they are. They don't determine anything. And the (un-)Constitutionality of an action is not "there". It's not like a geologic formation you simply have to discover. It's by necessity an act of interpretation to decide whether or not something is Constitutional, not as an act of discovering a pre-existing reality, but as an act of reasoning about present beliefs that could change in different times and circumstances. The reality of constitutionality does not exist until it has been determined, and it can only be determined by a judge.

      So I agree with you, but only to the extent that what you're saying is that we're free to form opinions about anything whatsoever, whether that opinion matters or not, whether that opinion is informed or not. I thought you were saying something more substantial than that, though.

      --

      The enemies of Democracy are
    84. Re:Mass mailing by Anonymous Coward · · Score: 0

      So political spam is not spam?

    85. Re:Mass mailing by Anonymous Coward · · Score: 0

      Huh? I don't know about the U.S., but where I live it's exactly what you say it isn't: only a judge can determine (in)constitutionality. It is even said by some that inconstitutionality can't be given (determined) "a priori" but must be determined by a judge.

      Unless I'm confusing things. Which does happen. Often.

    86. Re:Mass mailing by ScrewMaster · · Score: 0, Troll

      Which may prove to be completely irrelevant if that policy is shown to be in violation of Federal law.

      By sending this bulk mail she violated the university's bulk email policy, and she is being punished as a result. Which law is this violating?

      Hopefully it's violating the First Amendment.

      --
      The higher the technology, the sharper that two-edged sword.
    87. Re:Mass mailing by Anonymous Coward · · Score: 0

      No, that would be ineffective. Clearly the proper course of action is to thrash the university's server hosting the AUP with a thorough slash-dotting!

    88. Re:Mass mailing by sumdumass · · Score: 1

      I think his point was that the University can't just make a policy if a federal law prohibits it or does something effecting it. I don't think he was attempting to claim the student was in violation of some law.

      Most Universities take federal or government monies and this puts them into a quasi governmental position in which they can't make rules and such that run contrary to law and the constitution. The University, because of this, may be require to observe the 1st amendment or the second or any other amendments in much the same way the federal government might have to. That could put this policy in violation of the first amendment and punishing her for it could have ramifications beyond people getting pissed at the school.

      I remember a planned gay rights march onto some school back in the 90's was stopped and the marchers were threatened with being arrested for trespassing if they came onto the school grounds. Anyways, the school in question was one of the few schools that don't take government money so they weren't obligated to uphold the first amendment any more then a private company would be. In contrast, a state university or any university who takes government money is obligated to not interfere with free speech and many other constitutionally protected rights as well as follow a few laws that infer more rights according to the laws.

    89. Re:Mass mailing by Nazlfrag · · Score: 1

      As a student I would say she has the right to engage in dialogue with the entire faculty on such matters as extending and reducing the length of a semester, and not just those instructors she is in direct contact with. I would argue that a student does not need to solicit approval to communicate with the faculty, and that by sending it to a selected set of addresses all of whom she wished to express her concerns towards that it wasn't in any way spam.

    90. Re:Mass mailing by rtb61 · · Score: 1

      However in this case while it certainly seems as if the student did exceed the guidelines and policies of that particular schools acceptable use policy. The policy in itself utterly fails as it most improperly fails to ascribe particular levels of punishments for the degree of infringement. In this case where the student pays for their education and suffers considerable harm in the loss the that investment capital as well as damage to their reputation, the policy set carefully set out 'contractual' penalties that properly balance out to the harm caused by the infringement of "Guidelines & Policies" especially as guidelines itself is an extremely soft legal term and hardly balances with the fear and intimidation created by a 'disciplinary' hearing and a threat of suspension.

      Appropriate response in this case would simply be a warning 'email' and a remedial course in the schools acceptable use 'guidelines' and policies. Now the student might consider a quick legal slap up the side of the head for the school administrators for the psychological harm and suffering in the use of threat and intimidation by the school for a minor infringement of a 'guideline', especially such a lose document that fails to detail the ramifications of varying levels of infringement.

      --
      Chaos - everything, everywhere, everywhen
    91. Re:Mass mailing by Hal_Porter · · Score: 1

      Which raises the question...

      Who decides what is and is not spam in the first place?

      Me.

      I'm an expert in politics and the way to solve this spam problem is to grant me absolute power to act as judge, jury and executioner against vermin spammer bastards.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    92. Re:Mass mailing by One+Monkey · · Score: 1

      You mean to tell me that spamhaus have a definition of spam that could charitably be described as "somewhat broad"?

      What reason could they possibly have for that?

      --
      www.nodicerpg.com - Some RP stuff for free, some not so for free, but still cheap.
    93. Re:Mass mailing by Anonymous Coward · · Score: 0

      You know, until I read that blog post I was actually on the student's side of this. Now that I know the details, this is not exactly outrageous. She is operating under an acceptable use policy which I am assuming was in place when she came to the university. All you admins out there who work in government, imagine if you were not allowed to have such a policy in place. No blocking attachments, email lists required to be open to all with no punishment for abuse, no ability to block users from certain types of web activity. How grand would that be. However, leaving all that sort of 'common sense' aside, there are a lot of problems here.

      First, this is the very definition of a 'content neutral' restriction, regardless of the blogger's attempt to paint it otherwise. The point expressed in the blog seems to be that, since this student could not have gotten that particular message out to all those people by email, this is not content neutral. I don't even understand how someone could get a logical flow between those things. The restriction prevents mass emails, regardless of content. It is not as if this is the sort of email affected in the majority of cases. The only way that argument flies is if it disproportionately affects some sort of protected speech. Here, the overwhelming majority would be a sort of commercial speech, along the lines of "whoo! party at the delt house!", which does not defeat the time-and-place considerations quite so easily.

      As for the overall constitutionality of this, I'm afraid this is really the only sort of restriction on this sort of behavior (i.e., mass emails) that would be constitutional in the first place. The only - ONLY - alternatives to a blanket policy, which the blogger somehow thinks is somehow unconstitutional on its face, would be some sort of case by case system or a content based restriction. The second fails for pretty obvious reasons. The first fails for a blatant equal protection problem, what with the potential for two people doing the same thing being treated differently. The only way to make that work would be full-on administrative hearings every time someone wants to send an email.

      Further, isn't there someone at this school responsible for communicating with professors? Were they sick that day or something? Are there no campus mailboxes? Were the printers broken? There are any number of options for contacting these profs. It's not as if speech as such is being stifled here. The punishment is admittedly pretty disproportionate, but I think yanking email privileges under the acceptable use policy is almost certainly in order.

    94. Re:Mass mailing by Random_Goblin · · Score: 1

      If you had email back in the day, then by definition that wasn't back in the day.

      Is 20 years ago sufficently "back in the day", I was using email for university stuff back then,as I would imagine were a good many other people?

    95. Re:Mass mailing by AgentSmith · · Score: 2, Interesting

      OK here's the skinny.

      Michigan State defines SPAM in this policy

      http://lct.msu.edu/guidelines-policies/bulkemail.html

      "Bulk e-mail" in this context means the transmission of an e-mail message within a short time frame to more than a small set of recipients who may not have elected voluntarily to receive the e-mail.

      Upper limit 'Short time frames' are defined as 2 days.

      It then goes to state right after the definition:

      1. Prohibited uses. Bulk e-mailing may not be used for personal purposes, advertising or solicitations, or political statements or purposes.

      Pretty clear that this should not be done.

      The article also includes the email sent, but redacts the sender line.
      My guess is that she used a University created faculty listserv.

      That article also supplies the allegations of their head of IT

      http://www.thefire.org/pdfs/ae43588d257a0fc64f512e2c99de1b35.pdf

      which states Kara Spencer refused to stop using this listserv and said she was going to
      do it again. Also, she stated the head of IT should go ahead and file charges.

      Now, in that statement it's his word against hers unless he has some witnesses.

      But this is not a matter of free speech. It's not the message. It's how she broadcasted the message.
      It also pretty clear cut violation of misuse of university property (eg. the listserv) unless she can
      prove she created her own faculty listing from scratch. As for sending the bulk email it appears to be a clear violation
      based on the university policy.

      A question I would have about Michigan State:
        Does that University have a robust and timely mechanism for students to express ideas and address grievances?

      Normally I would say the student newspaper or actual protest in the street, but these
      are not timely nor do they usually hit the target audience of faculty.

    96. Re:Mass mailing by clone53421 · · Score: 4, Informative

      Appropriate response in this case would simply be a warning 'email' and a remedial course in the schools acceptable use 'guidelines' and policies.

      Actually, the netadmin sent her an e-mail saying something to the effect of "this is against the rules, please stop", and her response was (again paraphrasing) "no, I'll do it again if I want to, and I dare you to do anything about it". Well, guess what... he did something. She tried to be a hero, despite being in the wrong, and it didn't turn out well.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    97. Re:Mass mailing by Anonymous Coward · · Score: 0

      Katherine L. Gross
      Professor
      kgross@msu.edu
      (W.K. Kellogg Biological Station, MSU)
      she gets upset at emails...

    98. Re:Mass mailing by clone53421 · · Score: 1

      Problem was, she took her "slap on the wrist" (an e-mail from the netadmin) like a hero and said she'd do it again and, if they didn't like that, they'd have to do something worse than giving her a slap on the wrist.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    99. Re:Mass mailing by clone53421 · · Score: 1

      The First Amendment? Isn't that the one that guarantees that Congress shall make no law and so on and so forth?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    100. Re:Mass mailing by jbezorg · · Score: 3, Informative

      Guidelines Regarding Bulk E-mailing by Internal Users on MSUnet
      Computer System and Network Abuse at Michigan State University

      The policy in itself utterly fails as it most improperly fails to ascribe particular levels of punishments for the degree of infringement.

      Really?

      From: Michigan State University Acceptable Use of Computing Systems, Software, and the University Digital Network

      V. Enforcement and Adjudication

      1. The principal responsibility for investigation of suspected non-compliance with the provisions of this ruling rests with System Sponsors. At their discretion, they may delegate it to System Managers and/or Facility Staff.

      • 1.1 The investigation of alleged or suspected non-compliance with this ruling is to be conducted with due regard for the rights of all Users, such as the rights to privacy and intellectual property.
      • 1.2 System Sponsors may suspend service to Users without notice when reasonably necessary to the operation or integrity of the system or the networks connected to it; they may also delegate this judgment and authority to System Managers.
      • 1.3 Cessation of service, whether by network disconnection or disablement of log-in capability, shall be utilized in preference to file inspection when remedying or investigating instances of alleged disruption.
      • 1.4 The content of User files is not to be surreptitiously or otherwise examined, nor is the User-generated message content of User network transactions to be monitored, without the prior written permission of either the User involved or the Vice Provost for Libraries, Computing and Technology. However, System Managers and others charged by them with forwarding misdirected or undeliverable electronic mail and/or delivering print-outs and plots may examine such mail or hard-copy to the extent reasonably necessary for such purpose.

      2. Subject to the non-discrimination provisions herein, faculty members acting as System Sponsors for computing systems or local networks established with their own research grant funds may change, suspend, or revoke User privileges in the best interests of the research being conducted.

      3. When an instance of non-compliance is suspected or discovered in a computing system or network established by a department, college or other administrative unit, a unit administrator (typically the System Sponsor) shall proceed in accord with Section 5.6.3 of Academic Freedom for Students at Michigan State University.

      • 3.1 System Sponsors may elect to refer the issue to the Vice Provost for Libraries, Computing and Technology for handling. They must always do so if systems or networks in multiple campus units have been disrupted or compromised, or if any non-MSU system, network, or party is involved.
      • 3.2 Internal disciplinary action may be appropriate in some cases of non-compliance with this ruling. Relevant General Student Regulations include 1.05, 1.06, 2.02, 2.04, 4.03, 4.05, 4.06, and 5.02; allegations are adjudicable under Article IV of Academic Freedom for Students at Michigan State University. Disciplinary issues concerning students, faculty, or staff should be discussed with the Vice Provost for Libraries, Computing and Technology before action is taken, in the interests of consistency of treatment.
      • 3.3 Criminal or civil action against faculty, staff, or students may be appropriate in some instances. Such cases should be discussed with the Vice Provost for Libraries, Computing and Technology, in the interests of consistency of treatment.

      Approved:

      Network Communications Committee of C.C.S.A.C. (May 29, 1992) C.C.S.A.C. (June 8, 19
      --
      I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
    101. Re:Mass mailing by clone53421 · · Score: 1

      What's that, Mr. Coward?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    102. Re:Mass mailing by Puffy+Director+Pants · · Score: 1

      A local school emailing your entire neighborhood to tell them that the school is closed due to snow is annoying, but it is not spam.

      Wait, this would be annoying why? That's the sort of things a lot of parents would want to know. Or are you saying they're e-mailing a whole neighborhood, regardless of the status of any children in a household? If so, I'd question how they are. Mass-dialing on the phone? Maybe that could happen(and some people would endorse that), but I've yet to see any kind of effective e-mail directory that's applicable to a neighborhood.

    103. Re:Mass mailing by Puffy+Director+Pants · · Score: 1

      Well, in that case, you should contact the persons originating it, and tell them to stop. Possibly someone added you by a typo with the e-mail address, possibly something else. No telling without seeing the mails.

    104. Re:Mass mailing by Impy+the+Impiuos+Imp · · Score: 1

      Well...

      > a [news] report about a Michigan State University student who is facing suspension
      > for bulk emailing a number of professors...

      I see one of the girls at Moo U was trying to up her grades with nudie shots...

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    105. Re:Mass mailing by Anonymous Coward · · Score: 0

      Bulk needs to be defined.

      If I send the same email to 400 people, individually, in separate transactions, is that bulk? Or is it only bulk if I send 1 email with 400 recipients in a single transaction?

      Had she offered to sleep with a CS major to have him write a script to send the same email repeatedly and individually for her, she likely would have entirely escaped notice from the Administration and the whistleblower faculty member who's underwear got in a twist, as each letter would have the appearance of being individually directed.

    106. Re:Mass mailing by Requiem18th · · Score: 1

      I think...

      The fact that MSU is considering punishment of Spencer simply for exercising her right to contact selected faculty members by e-mail shows a disturbing disregard for students' freedom of expression

      ... is the greatest concern here, this is a display of ill will from the administration.

      --
      But... the future refused to change.
    107. Re:Mass mailing by clone53421 · · Score: 1

      Had she offered to sleep with a CS major to have him write a script to send the same email repeatedly and individually for her, she likely would have entirely escaped notice from the Administration and the whistleblower faculty member who's underwear got in a twist, as each letter would have the appearance of being individually directed.

      Hypothetically suppose that happened. The same prof complains and asks if the student accessed a listserv to send the message. The netadmin investigates and discovers that the same message was sent 391 times to different recipients, which still violates the same policies (the policy states that recipients are based on a 2-day time frame, not a per-message, basis, so 391 recipients would still have violated it if more than 15 messages were sent per day). The CS major would have gotten called in for a talking-to. At this point, it's possible that he'd either try to pin the blame on Kara, which would implicate both of them in not only the network abuse but also the sex scandal) or take responsibility for the network abuse without bringing up the sexual favor. Either way, it's not much better, except perhaps for Kara if the CS decides to take the fall for her – and even then it's possible her involvement would come out because questions might be asked as to why the CS major got involved.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    108. Re:Mass mailing by Anonymous Coward · · Score: 0

      What element would lead a faculty member to think that a listserv was used, when faculty email addresses are in the public domain? An individually addressed email with no other headers indicative of another recipient would have the appearance of being a targeted individual email.

      Besides, examining the headers is going to be miles above the average computer user, let alone faculty member, unless they are within the CompSci or IT areas.

      Having worked tech support for faculty, and if I had a nickel for every call I've had to go on because the faculty member swore their computer was broken, because it was turned off at the machine, as opposed to the surge protector (their normal method for "shutting down"), I'd be able to buy everything on the McDonald's dollar menu.. all at once.

    109. Re:Mass mailing by clone53421 · · Score: 1

      What element would lead a faculty member to think that a listserv was used, when faculty email addresses are in the public domain? An individually addressed email with no other headers indicative of another recipient would have the appearance of being a targeted individual email.

      What element would lead a faculty member to even look at the To/Cc fields before deciding the sender probably used a listserv?

      Recall that the prof couldn't even figure out whether a listserv was used, and if she'd have looked at the To field (as you presume she would) she'd have been able to tell that anyway. If it's addressed to a listserv, you'll see the listserv address in the To field.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    110. Re:Mass mailing by Anonymous Coward · · Score: 0

      Well then, if she gets her way and walk away free, she wouldn't be suffering, would she?

      #The captcha happens to be "penalty", how appropriate.

    111. Re:Mass mailing by PMuse · · Score: 1

      As I understand 'troll' mods, they are intended to be used on comments that say something provocative and stupid that the poster does not really believe just to get a rise out of the /. readership.

      Let me just say that I was quite in earnest. Calling some one's bluff (even a misplaced threat of disciplinary proceedings) is always a calculated risk.

      Going through a university's internal judicial process can be fun and rewarding, though it is more likely to be an annoying waste of time with an unsatisfying outcome. Wrestling with a pig (as it's rightly called) can be educational--there are good careers to be had in such wrestling if you find that you like it.

      So, again I say, 'You go, girl'!

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    112. Re:Mass mailing by clone53421 · · Score: 1

      As I understand 'troll' mods, they are intended to be used on comments that say something provocative and stupid that the poster does not really believe just to get a rise out of the /. readership.

      That's more like flamebait... although they are similar, I guess.

      • Flamebait — Flamebait refers to comments whose sole purpose is to insult and enrage. If someone is not-so-subtly picking a fight (racial insults are a dead giveaway), it's Flamebait.
      • Troll — A Troll is similar to Flamebait, but slightly more refined. This is a prank comment intended to provoke indignant (or just confused) responses. A Troll might mix up vital facts or otherwise distort reality, to make other readers react with helpful "corrections." Trolling is the online equivalent of intentionally dialing wrong numbers just to waste other people's time.
      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    113. Re:Mass mailing by Danse · · Score: 2, Insightful

      I consider this spam. She sent this to almost 400 instructors. When I went I had maybe 25 instructors.

      If it was something that she believed was relevant to all instructors, then it doesn't seem like spam. 400 is hardly an outlandish number when discussing email.

      Now it appears that she did violate the school's email policies, but those policies seem extremely conservative. One of the things she was writing about was the very limited time to comment on the issues that she was addressing. The email policies seem to contribute to that problem. So yeah, she violated the policies. She'll have to face the consequences for that. The school deserves the spotlight on its policies too though. Looks like she gets to be a martyr.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    114. Re:Mass mailing by stewbacca · · Score: 1

      Or to put it another way, something is not (un)constitutional unless it is challenged. Joe Public's opinion of Constitutionality is not only irrelevant, it is most likely incorrect as well. This whole thread reminds me of my barracks roommate when I was in the Army. In his world-view, he was never wrong about anything factual, because in his opinion, he was right.

    115. Re:Mass mailing by kjiin · · Score: 1

      Corporations have gained some of the rights that individuals have. see: Dartmouth College v. Woodward (1819) [state control of corporations], The Railroad Tax Cases (e.g. San Mateo v. Southern Pacific) in 1882 [applies to the 14th Amendment], Minneapolis & St. Louis Railroad v. Beckwith (1889) ["due process" and "equal protection"], Noble v. Union River Logging (1893)[5th Amendment], Hale v. Henkel (1906) [4th Amendment], Armour Packing Co. v. U.S. [6th Amendment]

  2. That brings up an interesting question... by morgan_greywolf · · Score: 4, Interesting

    Back in the day on Usenet, spam was more than just 'unsolicited commercial e-mail', it was pretty much any post that was cross-posted and off-topic.

    So why do so many of us nowadays seem to equate spam with only 'unsolicited commercial e-mail'? In my mind, spam is any piece of unwanted bulk mail, whether it is 'commercial' in nature or not.

    1. Re:That brings up an interesting question... by Bieeanda · · Score: 5, Insightful

      The most basic answer is that we're not still back in the day on Usenet. Word meaning is fluid, especially when it comes to slang. Cross-posting is more difficult in e-mail and on forums these days, than it used to be on Usenet with some news clients, and so those elements of the definition have become archaic. People use the term 'spam' in the context of unsolicited mail because that's the only context they have for it.

    2. Re:That brings up an interesting question... by mcgrew · · Score: 1

      Back in the day on Usenet, spam was more than just 'unsolicited commercial e-mail', it was pretty much any post that was cross-posted and off-topic.

      That's not spam, that's a troll.

      So why do so many of us nowadays seem to equate spam with only 'unsolicited commercial e-mail'?

      Because that's what spam is - see the wiki link. Of course, you don't have to email to spam, posting a gratituous, offtopic link to your blog is "board spam". But the subject here is email spam.

    3. Re:That brings up an interesting question... by MacDork · · Score: 2, Insightful

      So why do so many of us nowadays seem to equate spam with only 'unsolicited commercial e-mail'? In my mind, spam is any piece of unwanted bulk mail, whether it is 'commercial' in nature or not.

      "I didn't want to read that. You just spammed me." Wow... we've certainly come a long way from "I disapprove of what you say, but I will defend to the death your right to say it."

    4. Re:That brings up an interesting question... by Anonymous Coward · · Score: 0

      so because the faculty didn't want to hear dissent from the studen body any email to that effect is spam?

      bullshit.

      should your legislative representative consider ane letters they get from you to be spam because they don't concur with the lobbyists shovelling cash at them?

    5. Re:That brings up an interesting question... by VGPowerlord · · Score: 1

      No, legislatures should consider anything they receive from the corporations/lobbyists to be spam, because the legislature works for us, not for corporations.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    6. Re:That brings up an interesting question... by sjames · · Score: 2, Insightful

      So why do so many of us nowadays seem to equate spam with only 'unsolicited commercial e-mail'? In my mind, spam is any piece of unwanted bulk mail, whether it is 'commercial' in nature or not.

      Probably because it is by far the most prevalent and annoying form of spam and because it is clearly definable. Off-topic can be somewhat subjective, commercial and unsolicited are much more objective.

    7. Re:That brings up an interesting question... by SanityInAnarchy · · Score: 1

      There's actually a simple resolution to that:

      I disapprove of what you say, but I will defend to the death your right to say it.

      I will not, however, defend your right to force me to read it. Rather, I'll defend my right to ignore it, and even train my spamfilter on it.

      What's more, I don't generally mind reading things I disagree with -- that at least sparks good debate, and there's even the chance I'm wrong, and could learn something.

      However, "things I disagree with" is a far cry from v14gr4 or c14l1s, and certainly nowhere near "OMG SEND THIS TO 10 FRINDS AND BILL GATES WILL GIVE YOU A MILLION DOLLARS!!!!1!one"

      Again: You have the right to send such email. It does, however, make you a dick, and means I'm unlikely to read anything from you in the future.

      --
      Don't thank God, thank a doctor!
    8. Re:That brings up an interesting question... by Bastard+of+Subhumani · · Score: 1

      Hell yes. It's not like a truck, that you can just dump stuff on. What if someone sent an important internet and it got lost?

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    9. Re:That brings up an interesting question... by Anonymous Coward · · Score: 0

      Back in what day? Spam == Green Card Lawyers == unsolicited commercial email.

    10. Re:That brings up an interesting question... by geekoid · · Score: 1

      becasue it's the only kind of SPAM most people see? and you 'olde' definition is full of holes, it just doesn't work in todays internet, if you will

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. Re:That brings up an interesting question... by ceoyoyo · · Score: 1

      My spam mailbox agrees with you. I used to be on a (mandatory) department mailing list. Naturally some idiots would decide to send stupid stuff like political rants to the list. I was always very glad to see them told not to do it again, and disciplined if they did.

    12. Re:That brings up an interesting question... by ceoyoyo · · Score: 1

      Yeah, but spam doesn't necessarily refer to commercial e-mail.

      If some politician sent you a bunch of e-mail, unasked, most of us would consider it spam.

    13. Re:That brings up an interesting question... by Anonymous Coward · · Score: 0

      That's interesting that you use the term "unwanted."

      So if someone sends me a message that I don't agree with, I can claim it was "unwanted", and use that as a basis for censorship?

      Slippery slope, indeed!

  3. She must have misspelled too many words. by Red4man · · Score: 1

    A common trait of spam messages is the horrible spelling and grammar contained therein. The typical spam message is rife with so many errors that it makes the average AC look like a literary titan.

    The irony of it is if it got flagged as spam due to these errors, then perhaps that too is the fault of the University.

    --
    Sock Puppets: damn_registrars=pudge_confirmer=jimmy_slimmy=raiigunner=cml4524=a_klavan=red4men=ronpaulisanidiot
    1. Re:She must have misspelled too many words. by Culture20 · · Score: 1

      It was probably flagged as Spam because at least two professors think the "this is Spam" button is the delete button.

    2. Re:She must have misspelled too many words. by Zwicky · · Score: 1

      No, she actually wrote very well, and articulated her points clearly and succinctly, I thought.

      In short, it was well-written, on-topic (insofar as addressing the right people; even though there were 391 recipients, it was university business) and not what I would consider particularly spammy.

      I think her mistake was getting uppity and "stat[ing] her intention to continue breaking the Network Acceptable User Policy." She should have tried to be more pleasant and forthcoming. Maybe then the arguments in her email would be being discussed, not overshadowed by this hoo-hah.

      On the flip-side I do think MSU are being inordinately heavy-handed here.

      --
      "Three eyes are better than one" -- Lieutenant Columbo
    3. Re:She must have misspelled too many words. by lgw · · Score: 1

      Wrote very well? She wrote mostly in the passive voice, and used "impact" as a verb (presumably because she couldn't figure out whether to use "effect" or "affect"). At best one can say that she wrote comprehensible English and not "text-speak."

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:She must have misspelled too many words. by Zwicky · · Score: 1

      OK, that's fair enough. Maybe years of receiving spam and being online has lowered the 'English proficiency' bar for me. ;) Or maybe I should have paid more attention. (The last time I checked though, 'impact' can be used as a verb and "may impact the organized activities of..." is appropriate usage (IANAEP [English Professor]); although I would probably have chosen to use 'affect' myself.)

      As it happens, I'm far less on her side now than when I wrote my previous comment. The more I think about it, the more I keep coming back to her 'uppity' reaction, and it bugs me.

      I still don't think what she did was with anything but good intent and in this case I wouldn't class it as spam. However, when all is said and done, she didn't appear to give the network admins much of a reason not to pursue action against her. Some politeness and respect for the processes involved would have gone a long way here, particularly after she had apparently had those processes pointed out to her.

      Can't we all just get along.

      --
      "Three eyes are better than one" -- Lieutenant Columbo
    5. Re:She must have misspelled too many words. by lgw · · Score: 1

      This really seems like an arrogant asshat of an IT administrator, not anyone in the faculty getting upset. The student went around the admin, so I expect he's getting his revenge. I've seen that first-hand.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    6. Re:She must have misspelled too many words. by clone53421 · · Score: 1

      The admin wasn't mad because she "went around" him. She couldn't really be blamed too much... nobody knows all the school policies they're supposed to be following anyway. However, when authority X informs you that Y was against policy and you say, "I'm right, so I won't stop", it's a good bet they're going to be pissed off.

      Oh, and I'm with GP. Using "impact" as a verb is perfectly acceptable. What bothered me most about the e-mail was the ridiculous triple-spacing between the paragraphs. That just screams of "amateur". 'Course, I didn't actually read it very carefully so I didn't notice the use of passive voice...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    7. Re:She must have misspelled too many words. by lgw · · Score: 1

      Writing "this change impacts this group" is like using "utilize" at all: it's the sort of bad English you often find in business writing, where people are fishing for impressive-sounding words in order to seem intelligent, and accomplishing the reverse. Using "access" as a verb is similarly poor usage.

      While most readers wouldn't notice that sort of poor usage (or any sort, for that matter), her audience included the English profesors, some of whom might notice.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:She must have misspelled too many words. by clone53421 · · Score: 1

      The dictionary didn't say anything about it being naughty to use "impact" as a verb. Can you give me some sources, as I'm too lazy to help you prove your point? (And, it's late, and I have to get up in 6½ hours.)

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    9. Re:She must have misspelled too many words. by lgw · · Score: 1

      A dictionary merely record usage: what you want is a style guide. Style is always a matter of opinion, but there are experts, and where experts agree you have a guideline worth following. http://www.bartleby.com/64/C003/0165.html

      As the reference notes, "Impact" has become so widely abused that it will likely "age in" as acceptable.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  4. I read her entire email by deft · · Score: 5, Interesting

    it's linked in the news article. It was well written, not off topic, and expressed a reasonable concern about the time period students have to get to know the school apparently. It was not "spam" at all.

    It sounds like the professors are more butthurt she got their email addresses than interested in responding to the concern she expressed.

    They simply should have redirected her appeal to the right people if it was not appropriate to be sent via that email list. Instead they are being punative.

    --

    There's nothing Intelligent about Intelligent Design.
    1. Re:I read her entire email by jmyers · · Score: 4, Interesting

      If you also read the complaint, it is alleged that she was instructed the correct way to send the message and refused to do so. The compliant makes it sound like she was in a pissing contest with the network administrator. Not a good person to piss off if you want to send email.

      "the student was informed of the proper procedures to follow and flatly refused to obtain proper permissions stating that she would continue to send emails out and demanded that I file charges against her."

      sounds like she wanted some publicity to go with her spam.

    2. Re:I read her entire email by Strange+Ranger · · Score: 4, Insightful

      I don't think any spam filter on earth would identify her email as spam.

      It seems almost obvious that she's being prosecuted simply because she made the provost look stupid.
      If any student can use mailing lists like this to challenge the provost so effectively... imagine the mayhem!! /sarcasm

      --

      Operator, give me the number for 911!
    3. Re:I read her entire email by danzona · · Score: 3, Interesting

      it's linked in the news article. It was well written, not off topic, and expressed a reasonable concern about the time period students have to get to know the school apparently. It was not "spam" at all.

      Spam is unsolicited bulk email, regardless of whether or not it is well written, relevant, or reasonable.

      It sounds like the professors are more butthurt she got their email addresses

      That is the whole point, she got their email addresses and sent them spam.

      They simply should have redirected her appeal to the right people if it was not appropriate to be sent via that email list. Instead they are being punative.

      I agree with you here, but according to TFA, when they did this she refused and vowed to repeat her actions. TFA did not mention why she refused, so it is possible that the system in place would not be timely enough or would dilute her message, so I will give her the benefit of the doubt. I think that her actions do not merit suspension. Just take away her email privileges.

    4. Re:I read her entire email by Anonymous Coward · · Score: 5, Informative

      How could the sysadmin not have seen this:
      http://lct.msu.edu/guidelines-policies/bulkemail.html

      "
      # Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients. Such permitted uses include:

              * Dissemination of urgent information of health and safety concern for students and University employees.
              * Communication of information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student.
              * Regular communications (for example, to University employees) that are required by law, regulation or University policy for which bulk e-mail may largely replace paper transmittal.

      "

      So, according to their own policy, mass emailing of "...information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student..." falls within acceptable use. That is assuming that this change to the university schedule is a "change in policy" or "affects employment". I don't see how that wouldn't be the case.

    5. Re:I read her entire email by Xcott+Craver · · Score: 4, Insightful

      It sounds like the professors are more butthurt she got their email addresses than interested in responding to the concern she expressed.

      As a professor, I doubt it: most of us couldn't care less if we get one more unsolicited email from a student.

      More likely she is the victim of some jobsworth in an administrative office who was on the mailing list and has nothing more important to do.

    6. Re:I read her entire email by Anonymous Coward · · Score: 0

      The student was contacted and told she could send mass mails to faculty by following some sort of university process, she refused to follow that process. She decided to continue sending unsolicited mass messages instead. Guess what kids - at that point you are a spammer.

    7. Re:I read her entire email by SatanicPuppy · · Score: 0, Redundant

      Content doesn't matter. Mass unsolicited mail is spam. It doesn't magically become not spam just because you think it's well written.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    8. Re:I read her entire email by Anonymous Coward · · Score: 1, Informative

      Just the same, the MSU Bulk email policy:

      Permitted uses for broad cross-University mailing: Bulk e-mailing may be used only by University offices[.]

      is pretty clear on whether or not this was ok.

    9. Re:I read her entire email by VinylRecords · · Score: 1

      It sounds like the professors are more butthurt she got their email addresses than interested in responding to the concern she expressed.

      As a student if you have an .edu mail address to most schools you have access to that school's online directory that lists all current undergraduate, graduate, administrator, and professor email addresses.

      In fact, Michigan State University lists all professors emails address for PUBLIC ACCESS.

      https://fsra.msu.edu/Search.Asp

      Just search for any professor's name from the article and you'll get his or her email address.

    10. Re:I read her entire email by Tom · · Score: 1

      "the student was informed of the proper procedures to follow and flatly refused to obtain proper permissions stating that she would continue to send emails out and demanded that I file charges against her."

      Speaking as someone who does in his day job occasionally sue people - anyone specifically asking for it is... well, asking for it.

      --
      Assorted stuff I do sometimes: Lemuria.org
    11. Re:I read her entire email by commodoresloat · · Score: 4, Funny

      It was well written, not off topic, and expressed a reasonable concern

      Well then it probably should never be posted to slashdot.

    12. Re:I read her entire email by Uberbah · · Score: 4, Insightful

      Spam is unsolicited bulk email, regardless of whether or not it is well written, relevant, or reasonable.

      Then the student can counter-sue if the University ever her sent her spam over an upcoming basketball game, art exhibit, Last Lecture speech, etc.

    13. Re:I read her entire email by Anonymous Coward · · Score: 0

      That is ridiculous, at my university, you can easily find email addresses on the college's website, or search a person specifically. I just checked and their Find People is right on the front page at the top. MSU is simply handling this the complete wrong way.
      Im sure it isn't hard to find anyone's email

    14. Re:I read her entire email by Anonymous Coward · · Score: 0

      That email: link, link

      it's linked in the news article. It was well written, not off topic, and expressed a reasonable concern about the time period students have to get to know the school apparently.

      Fantastic. Send it to the student government opt-in mailing list.

      Why should there be a loophole in spam laws for political speech? It is my opinion that politicians should be covered by the same bans on robocalling, telemarketing, fax spamming and email spamming that other businesses and individuals are.

    15. Re:I read her entire email by Anonymous Coward · · Score: 0

      "t sounds like the professors are more butthurt she got their email addresses than interested in responding to the concern she expressed."

      Given the staggering volume of email the average prof gets, what's amazing is that one of them actually: 1. read (wait, that's way too far--skimmed) it, 2. didn't shrug it off as unimportant, 3. but actually take time out of what is normally a 60+ hour week (that's when they're not teaching!) to do something about it that was 4. rather than fire off a two-line email to the author contact the network admin.

    16. Re:I read her entire email by Anonymous Coward · · Score: 0

      So the admin was a PHB or your regular BOFH. Kiss off. If Mr. 'Stick up his ass' wants you to copy, paste, copy, paste, send, repeat x 1000 instead of CC, do you really think you are obligated to do it? SPAM is unsolicited COMMERCIAL email. Where did she stand to gain monetarily? She's just trying to get her work done in spite of their asinine email policy.

    17. Re:I read her entire email by clone53421 · · Score: 4, Insightful

      I thought that too, at first, but then I noticed in TFA that her e-mail was not informative but rather dissension...

      On Sept. 15, Kara Spencer, a senior and the associated students director at MSU, sent a letter to 391 university professors speaking out against a proposal from the Provost to shorten the fall semester by two days and to shorten Fall Welcome, reducing the amount of time new students would have to adjust to college living.

      Probably that falls under "personal purposes" or "political statements or purposes", both of which purposes are explicitly prohibited in the document from which you quoted.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    18. Re:I read her entire email by clone53421 · · Score: 1

      That wasn't a "broad cross-University mailing" (i.e. addressed to "all users"). It was a targeted mailing, albeit a targeted mailing with nearly 400 recipients...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    19. Re:I read her entire email by Anonymous Coward · · Score: 0

      ahh, yeah. network admin is a prissy little whiner, don't make him sad!

    20. Re:I read her entire email by alta · · Score: 1

      The way I read it, "...may be used only by Univeristy offices..." Seeing that she's a student, not an employee of the university, she has no rights to communicate "...information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student"

      --
      Do not meddle in the affairs of sysadmins, for they are subtle, and quick to anger.
    21. Re:I read her entire email by Uberbah · · Score: 4, Interesting

      If you also read the complaint, it is alleged that she was instructed the correct way to send the message and refused to do so. The compliant makes it sound like she was in a pissing contest with the network administrator. Not a good person to piss off if you want to send email.

      Yes, many school administrators have the opinion that their department policy is teh law, regardless of what the student may have signed or what the university guidelines actually state.

      For example, I knew someone at my university who registered a domain name to his dorm room computer. He got an email from the campus security admin telling him that was against university policy, and to take it down. The only thing the machine was serving was an image of the domain name, but he immediately did as requested. Then the student checked the universities guidelines on network usage, but was unable to find any policy on registering a domain to a campus ip address. The student asked the security admin to point out where this policy was written down. The security admin responded by trying to get the student suspended from the school.

    22. Re:I read her entire email by Anonymous Coward · · Score: 0

      I don't see how that wouldn't be the case.

      Is she a "University office"?

      Then that isn't the case.

    23. Re:I read her entire email by Puls4r · · Score: 4, Insightful

      Perhaps that was the case. I've been involved in a few of these "power" struggles. Being part of a large organization myself, I'll venture a guess that the policy that she was told to follow was so lengthy and political that it would have resulted in: A. No one EVER getting the email B. The email not getting out in time C. The email getting "editted" or "changed" so it didn't have it's desired effect. If it's anything like what I tend to be involved with, the so-called "policy" in place is specifically there to prevent you from contact anyone of importance - not to facilitate it. It's a matter of the so-called "powerful" not wanting to deal with the lesser folk. Many profs I've dealth with in college were like that: they would become very upset if questioned.

    24. Re:I read her entire email by FictionPimp · · Score: 1

      What is mass email?

      500 messages? 50000? 5?

      How many people do I need on my CC line to be a mass email?

    25. Re:I read her entire email by moderatorrater · · Score: 1

      If you put it on the BCC line, they'll never know how many people it was sent to.

    26. Re:I read her entire email by Anonymous Coward · · Score: 0

      Correct spam is a superset of UCE.

    27. Re:I read her entire email by Chyeld · · Score: 2, Informative

      Namely, one Mr Randall Hall, Information Technology Director. Who was it who said the more words in your job title, the more useless/power hungry you were?

      After receiving Spencer's e-mail, Katherine Gross, biology professor at Michigan State, sent the mass e-mail to Information Technology Director Randall Hall asking him if Spencer had accessed a university listserv, Spencer said.

      Hall wrote Spencer an e-mail on Sept. 16 telling her about the complaint and asking to discuss the matter. He filed a Disciplinary Allegation Form with the school's Judicial Affairs Office the next day.

      In that form he alleged Spencer had refused to comply with school policies on sending bulk e-mail and said she would continue to do so. He charged her with violating three school policies on sending un-solicited e-mails.

      Nutshell: Big bad IT manager gets whinged because student figures out how to send email to people without needing to go through the 'offical' listserv which would require someone's (probably his) approval. Tells student to stop emailing professors, and is told to take a hike. Decides to use the big stick.

    28. Re:I read her entire email by deraj123 · · Score: 1
      The policy defines that too, although rather loosely:

      âoeSmall set of recipientsâ means the size of individual-recipient address lists (To, CC, BCC fields) typical of most e-mails in common use, ranging from 1, to a few, to as many as may be involved in a large committee or work group (~20-30).

      Rather subjective...but it looks like the general idea is "more than 20-30".

    29. Re:I read her entire email by astarf · · Score: 2, Insightful

      No, no she can't. Aside from the point that you can only counter-sue if you're actually being sued (she's being suspended, not sued) there's a variety of flaws in that argument, the most blatant of which is the fact that it's a university system -- which means the university gets to set the acceptable use policy.

    30. Re:I read her entire email by TeknoDragon · · Score: 1

      She is an elected student representative... but unfortunately they don't have any rights granted by their office except for maybe a budget to spent on student outreach.

    31. Re:I read her entire email by Rogerborg · · Score: 1

      It's OK, it's not like more than one person in a thousand will even read it. Heh, maybe that qualifies it as spam.

      --
      If you were blocking sigs, you wouldn't have to read this.
    32. Re:I read her entire email by Uberbah · · Score: 1

      No, the point is that if spam=unsolicited email, and she didn't solicit emails about an "upcoming basketball game, art exhibit, Last Lecture speech, etc", then she can sue them for violating their own policy on spam.

      Lame? Of course. But so is their draconian reaction to her email.

    33. Re:I read her entire email by Richard_at_work · · Score: 1

      You gloss over the 'Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients'.

      Is this person in question representing some University office, and is the communication necessary to the normal course of business? Not as far as I can gather from what I have read on the subject thus far.

      Context is everything. Your conclusion is lacking it.

    34. Re:I read her entire email by wowwser · · Score: 1

      How could the sysadmin not have seen this: http://lct.msu.edu/guidelines-policies/bulkemail.html

      " # Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients. Such permitted uses include:

      * Dissemination of urgent information of health and safety concern for students and University employees. * Communication of information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student. * Regular communications (for example, to University employees) that are required by law, regulation or University policy for which bulk e-mail may largely replace paper transmittal.

      "

      So, according to their own policy, mass emailing of "...information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student..." falls within acceptable use. That is assuming that this change to the university schedule is a "change in policy" or "affects employment". I don't see how that wouldn't be the case.

      Key part you are missing is "University offices" I don't think Student Council is a University office. It comes down to this they want to control the message.

    35. Re:I read her entire email by Anonymous Coward · · Score: 0

      Spam is unsolicited bulk email, regardless of whether or not it is well written, relevant, or reasonable.

      It sounds like the professors are more butthurt she got their email addresses

      That is the whole point, she got their email addresses and sent them spam.

      Maybe, but most existing laws tend to view unsolicited email as originating from someone with whom you do not have a pre-existing relationship (which her as a Student government representative and the professors most certainly do), and require that any bulk email with people whom you DO have a relationship to include an "opt-out" method, for future email.

      The University may have a policy against Unsolicited Bulk Email, but with an existing relationship and responsibilities, I'm not sure how any "honest" faculty hearing this can expel her.

    36. Re:I read her entire email by SanityInAnarchy · · Score: 1

      That's not an uncommon email policy. And yes, it's asinine -- breaks reply-to-all (though perhaps a good thing, on a list that big) -- but there are technical ways around it other than copy/paste/send/repeat.

      I wonder if bcc would help, here?

      --
      Don't thank God, thank a doctor!
    37. Re:I read her entire email by ObsessiveMathsFreak · · Score: 4, Informative

      I work in a higher education institution and I can confirm that spam in universities is every bit as bad as commercial spam. I have missed "critical" correspondence amid the deluge.

      Sports games, concerts, seminars, grant funding, research opportunities, exhibitions, astronomical events, workshops, training programs, lectures, presentations, groups, religious services, bereavements, marriage announcements, faculty announcements, announcements for faculty positions, calls, recalls, talks, reminders, forwards, art exhibits, cancellations, car lights, missing animals, missing people, missing USB keys, HR notices and every manner of newsletter, weekly, monthly or per semester ... do battle for my inbox day after day. And this is all before people start using the internal email to buy, sell, solicit, advertise, as a soapbox on just about any conceivable issue (this is a university), or indeed as an instant messaging replacement for people who couldn't be bothered to type in several names and instead hit "reply all", or the sysadmin send us emails to tell us that the email system and/or internet is/was down... again.

      Not a single part of this post is an exaggeration or fabrication. I've gotten all this and more. I imagine it's the same everywhere else.

      --
      May the Maths Be with you!
    38. Re:I read her entire email by Anonymous Coward · · Score: 0

      Did you miss the part of that policy that you typed which says "Bulk e-mailing may be used only by University offices". It's the part right before the three guidelines under which those office may send out bulk e-mails.

    39. Re:I read her entire email by Anonymous Coward · · Score: 0

      Man, this is just the precedent I needed to sue my U.

    40. Re:I read her entire email by bladesjester · · Score: 1

      Big bad IT manager gets whinged because student figures out how to send email to people without needing to go through the 'offical' listserv

      That's the thing I find so strange about this. That would never have been an issue at my alma mater since the professors were all listed in the campus directory (both dead tree and online) - office phone, uni email, and office address. Completely searchable and viewable to the public.

      Students, I believe, generally had the same listing, though they could request to have their address unlisted as well as their phone (if it was an off campus number). Their email was searchable, though.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    41. Re:I read her entire email by WCguru42 · · Score: 1

      ...actually take time out of what is normally a 60+ hour week (that's when they're not teaching!) to do something about it that was 4. rather than fire off a two...

      Really, I'm sick and tired of hearing about how hard professors have it. I understand that the job isn't simply the few hours a week that they spend in class teaching, but don't act like it's some form of slave labor. If someone chooses to get a PhD and then go to a university they should expect to teach and do research, that's what they're signing up for. It's not like other jobs don't require 60+ hours a week (like a public grade/high school teacher). I mean, look at the typical grad student, 40 hours of work a week minimum and not a lick of money left over after rent and food. Now being a professor doesn't seem so bad.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    42. Re:I read her entire email by the_fat_kid · · Score: 1

      I don't know about that, I doubt he has a very "big stick"
      it sounds to me like he is compensating for something...

      --
      -- Sig under construction...
    43. Re:I read her entire email by Anonymous Coward · · Score: 0

      um... that policy is for staff, not students. students aren't allowed to spam professors and staff - ever. if a professor bulk mails the students they get all frizzy and complain till they turn blue about how they want off the student bulk lists and they don't want spam blah blah blah, but a student sends one to the faculty and everyone on the planet jumps on her bandwagon. give me a break. get a life. college students are nothing if not hyperhypocritical these days.

    44. Re:I read her entire email by Anonymous Coward · · Score: 0

      No, she probably can't. There are two possible scenarios, as I see it:

      1) She is receiving the email via the email account provided by the school for the purpose of relaying school related messages.

      2) She is receiving the email via the email address she provided the school for the purpose of relaying school related messages.

    45. Re:I read her entire email by geekoid · · Score: 1

      "Spam is unsolicited bulk email, ..."
      No, it isn't.

      If your boss send you and a dozen other employees an email informing you of a meeting you need to, is he spamming? of course not.
      If HR send out an email to 10,000 employees informing them of a policy change, is that spam? no.

      Sending an email in the context of the university, about the university, from someone on the student body of that university is not in and of itself spam.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    46. Re:I read her entire email by geekoid · · Score: 1

      Your nit pic aside, becasue it isn't the point, I would like to see a policy that says a student is not allowed to email there professors.
      You might as well get rid of email.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    47. Re:I read her entire email by Innomen · · Score: 1

      Exactly. As I say on my blog. Power is about double standards. Especially in college. http://innomen.blogspot.com/2008/12/college.html

    48. Re:I read her entire email by astarf · · Score: 1

      Emailing your professors is fine. Protesting action by the administration is fine. Spamming 391 of your professors even after you've been advised that your actions are probhited and that there is an alternate way to have your grevience heard is not fine.

    49. Re:I read her entire email by ceoyoyo · · Score: 1

      Imagine you're a professor at a university where twenty thousand undergrads are in the habit of e-mailing all the professors about how they think professor A's test was too hard, that the cafeteria food sucks, that their TA is mean and where the next keg party is.

      Except for the last one, you might get kind of tired of it, and it would compromise your ability to respond to your actual students, with actual questions about the actual classes they're taking from you.

      A policy designed to prevent irrelevant mass e-mailing is pretty necessary. In this case, the e-mail was probably irrelevant (professors in general don't run the university and don't have anything to do with determining the minutia of the calender). It sounds like the net admin suggested more appropriate ways for her to contact interested parties and she got kind of lippy.

    50. Re:I read her entire email by McDutchie · · Score: 1

      "Spam is unsolicited bulk email, ..."
      No, it isn't.

      Yes, it is.

      If your boss send you and a dozen other employees an email informing you of a meeting you need to, is he spamming? of course not.

      A dozen would probably fail the "bulk" criterion. The fact of being your boss's employee makes it fail the "unsolicited" criterion.

      If HR send out an email to 10,000 employees informing them of a policy change, is that spam? no.

      That is bulk, but fails the "unsolicited" criterion for the same reason. (However, one employee deciding to mail the other 9,999 would definitely be both unsolicited and bulk.)

      Sending an email in the context of the university, about the university, from someone on the student body of that university is not in and of itself spam.

      No, for it to be spam it must be bulk and unsolicited. The mail discussed in TFA was both.

    51. Re:I read her entire email by Anonymous Coward · · Score: 0

      You missed the most important part of the policy:

      Bulk e-mailing may be used only by University offices

      University offices not individual students or representatives of student organizations.

    52. Re:I read her entire email by blue+l0g1c · · Score: 1

      Imagine you're the exec of a business and all of your employees are getting emails from customers complaining about how bad your service is. Do you cancel the service of everyone that complained, or do you "fix the problem?"

      I think this discussion is hinging too much on the words, "Spam" and "unsolicited" when they should be on "relevant" and "complaint."

      At the very least, she is a proactive but misguided student that is interested in the goings-on at her school. She should be given guidance and encouragement, not martyred for speaking out.

    53. Re:I read her entire email by ceoyoyo · · Score: 1

      Your analogy is flawed. Unless you're running a degree mill, students at a university are not "customers." Yes, they pay tuition, but they are not customers. It's not a professor's job to make them happy, it's his or her job to give them the opportunity to learn.

      I agree. Let's consider it under those terms:

      Relevant - she sent her e-mail to a bunch of people, the majority of whom have nothing to do with what she was complaining about. Contrary to popular belief, professors don't have much to do with the day to day running of universities and they certainly don't have much to do with deciding whether party week should be a whole week or only five days. If she'd sent it to the university president, the VP for student affairs, or even the deans, she might have a case that it was relevant. Sending it to everybody is jerk move. Not something you should get booted for, but a jerk move.

      Complaint - yeah, she was complaining all right. But to the wrong people. Not only was e-mailing everyone juvenile, but the whole thing has probably hurt her cause.

      It sounds like the IT manager DID try to give her some guidance. He showed her the right way to accomplish what she was trying to do. She refused, asserted that she would repeat her jerk move again and dared him to formalize the complaint. So he did.

      Now, since it's a formal complaint, there are some formal procedures that have to be followed. As she says herself (she's quoted in the article), the discipline could be anything from nothing UP TO suspension. It's a wee bit early to say she's being martyred. Usually the way these things go is she'd get yelled at for wasting everyone's time and maybe get an e-mail time-out for a while.

      So to summarize, she pulled a silly stunt looking for attention. When she got some she demanded that a formal complaint be made, so it was. Now a formal committee has to decide what her punishment should be, from nothing to suspension. She took that and went to some civil liberties organization and the press.

      It sounds to me like she's getting exactly what she wanted - to make a fuss over nothing and get her name in the papers. She'll make an excellent politician.

    54. Re:I read her entire email by Nazlfrag · · Score: 1

      Imagine you are the head of the student council body and you wish to contact a selected number of faculty members about a proposal before the deadline expired. Would you write each a personal email or would you just CC it to the relevant parties? Note that she only mailed the 390ish that she thought it was relevant to out of around 5000 faculty members.

    55. Re:I read her entire email by abbamouse · · Score: 1

      Interesting. My interpretation was that she found a way to send an email through the university faculty listserv despite having no authorization to do so. It seems that if she actually had simply compiled email addresses by hand she would be OK. As the official said, it's about process, not content. Of course, TFA is terribly vague about these things.

      --
      Make cheese not war 8:)
    56. Re:I read her entire email by Anonymous Coward · · Score: 0

      "Bulk e-mailing may be used only by University offices to send communications..." (emphasis mine)

      I'm not sure if her (student government) position counts as a "University Office". I think the policy says that only the university administration may use bulk email.

      Whether that is a god or bad policy is another matter.

    57. Re:I read her entire email by Anonymous Coward · · Score: 0

      Spam is unsolicited bulk email, regardless of whether or not it is well written, relevant, or reasonable.

      So when your boss, the person who pays your salary, sends everyone in the company an email, he's spamming? I think your definition of spam is quite lacking...

      This girl's tuition pays those teachers. She's not drowning out other students voices, she's speaking on their behalf. She's protesting, and the faculty is dragging out the firehose.

    58. Re:I read her entire email by MacDork · · Score: 1

      No, no she can't. Aside from the point that you can only counter-sue if you're actually being sued (she's being suspended, not sued) there's a variety of flaws in that argument, the most blatant of which is the fact that it's a university system -- which means the university gets to set the acceptable use policy.

      You seem to think it's a private system and the first amendment is null and void. It's called Michigan State University for a reason. It isn't the university's system. It's the taxpayers system. She'll hand them their ass in court if the matter goes there.

    59. Re:I read her entire email by instarx · · Score: 1

      The complainants' are also claiming she violated the University policy against misrepresenting herself in an email (even though she signed the letter with her own name). Their absurd logic: because users expect email to be approved she was misrepresenting herself as being an approved sender by sending an unapproved email. If that is the complainants' best logic they are clearly being vindictive and attempting to hurt her as much as possible. Other wording of the complaint is also written to make her sound a unreasonable as possible. Frankly, the complaint filed with the University sounds like it was written by a bunch of immature jerks with over-sized egos with delusions of being lawyers.

      At first I was tending to support the University in this, but after reading the charges, the original email and the Rules it is clear to me that the student is correct. Because the email addressed changes in University policy it is black-letter allowed to be sent in bulk. The fact that the University had set a very short time for comments on the proposed changes just made it all the more appropriate for the message to be sent in the fastest manner.

      It is clear that she wasn't being a "good little student" by politely doing what the University IT person told her she had to do. He then clearly decided he couldn't have any uppity students violating HIS network rules.

      I support her 100%, and I hope FIFA kicks their legal butts.

    60. Re:I read her entire email by instarx · · Score: 1

      The complaint is written in very self-serving language and attempts to make the student look as unreasonable as possible. Now that she has FIFA representation I think the truth will come out and the complainants will be embarrassed.

      I can easily imagine this scenario:

      ADMINISTRATOR: You cannot send this email because you need advanced approval. The approval committee meets monthly so it will take about six weeks, even if it is approved. We'll let you know.

      STUDENT: But the comment period set by the University for the policy change is only two weeks!

      ADMINISTRATOR: That's too bad, but those are the rules!

      STUDENT: That's crazy! I'm sending it anyway.

      ADMINISTRATOR: You do and you could be suspended.

      STUDENT: Try it.

      My opinion? YOU GO GIRL! You have rights and you did not violate the Unversity's email policy because the email was about a University Policy change, which is specifically allowed.

    61. Re:I read her entire email by instarx · · Score: 1

      I thought that too, at first, but then I noticed in TFA that her e-mail was not informative but rather dissension.

      1) I read the email and it seemed clearly informative to me.

      2) Additionally, what makes you say that dissent isn't informative? Dissent could be called the very definition of free speech and information distribution. The simple fact that someone was objecting to the policy changes is informative in itself.

    62. Re:I read her entire email by instarx · · Score: 1

      More likely she is the victim of some jobsworth in an administrative office who was on the mailing list and has nothing more important to do.

      Exactly. The complaint came from the Network Administrator and IT person who refused to allow her to send it in the first place. Their complaint language was petty and unprofessional. Apparently the complaint did not come from anyone who actually received the message.

      Most people have interpreted the event as a complaint by the University against the student, when in fact it was made by an IT guy TO the University who was irritated that the uppity student refused to do what he told her. In my opinion he tried t misuse his authority to teach her a lesson. He may soon regret having done that.

    63. Re:I read her entire email by gnapster · · Score: 1

      Spencer is the associated students director at the university, which is apparently part of the student government. So it is very reasonable to think that this kind of email is being sent "by University offices." Furthermore, the communication was directly relevant to university business (restructuring the academic year). There are two issues that I see, one with the policy and one with the relevance of the policy: The communication is relevant to university business, but it is inviting, not requiring some official action by each and every recipient, which seems to be the point of the language of this policy. However, the email was not sent from a university account! It was sent from a personal account of Spencer's (GMail, according to the Disciplinary Allegations form), and so I fail to see how their policies apply in the obvious way.

    64. Re:I read her entire email by Grimfaire · · Score: 1

      That was my initial thinking also until I read the actual complaint. If this was the path they were going to take you would think they would have mentioned it in the complaint filed against her. Instead they site use of University resources. What I find laughable, is the constant harping in the complaint on the fact that the university email servers were used to deliver the mail. uhhh, that is what email servers do. She sent it via gmail which means the university servers were not used as a relay but only as a delivery mechanism which is what they are designed to do. Now, if she had setup a mail program to send from one address but relay through the university email servers then the complain would hold water (IMO) but I sincerly doubt that this is the case here.

    65. Re:I read her entire email by Anonymous Coward · · Score: 0

      people put way too much emphasis on pieces of paper - "oh every conceivable option is not written down" when you get into real business (not some employee) you learn that a piece of paper isn't really worth shit in real terms - functional working relationships and money in is what counts above all else.

      Unless they are planning on being a lawyer taking their school to court over something relatively minor that could have been 'managed through' is a sure fire career killer.

    66. Re:I read her entire email by Anonymous Coward · · Score: 0

      I'm posting this as someone who works at MSU (in IT, no less) so I'm familiar with the policy she violated.

      MSU doesn't have a policy that prohibits her from sending email to faculty and staff if she so desires. However, it does prohibit the abuse of the campus listserv. What she did was send an email through the listserv without going through the listserv administrator, which is against policy. When she was approached about that, she refused to comply with policy or compile and use her own list (which I've helped student organizations do).

      Had she approached the listserv administrator about sending the email, she would have been within her rights as a member of student government to do so.

    67. Re:I read her entire email by clone53421 · · Score: 1

      Your scenario contains a fatal flaw: Nothing but the policy prevented her from sending the e-mail. After the fact, she got an e-mail from the network admin telling her she had violated the policy and not to do it again. Her response was "I don't care and I will, if you don't like that then just try and have me disciplined".

      You have rights and you did not violate the Unversity's email policy because the email was about a University Policy change, which is specifically allowed.

      University offices are permitted to send e-mails about policy changes. Students are not. Furthermore, e-mails about policy changes are permitted only if they are "necessary" to inform people about the policy change. Complaints are not necessary and should be expressed via other lanes of communication.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    68. Re:I read her entire email by clone53421 · · Score: 1

      The complainants' are also claiming she violated the University policy against misrepresenting herself in an email (even though she signed the letter with her own name).

      Oh FFS! If you'd read the whole policy point they cited, you'd realize they weren't citing that point because of her "falsely identifying" herself (she didn't). They cited it because of her inappropriate use of University resources (storage and bandwidth).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    69. Re:I read her entire email by instarx · · Score: 1

      Wrong. Read the complaint! It's a two-parter. 1)sending unauthorized bulk email, and 2)misrepresenting herself.

    70. Re:I read her entire email by clone53421 · · Score: 1

      So when your boss, the person who pays your salary, sends everyone in the company an email, he's spamming? I think your definition of spam is quite lacking...

      When you are hired, it's implicit (if not explicit) that your boss might occasionally desire to communicate something to you. By taking the job, you accept that stipulation. Therefore, when your boss communicates with you (be it verbally, electronically, or printed on a dead tree) it isn't unsolicited.

      This girl's tuition pays those teachers. She's not drowning out other students voices, she's speaking on their behalf.

      If every student e-mailed the faculty whenever they didn't agree with a policy, it'd be an unmanageable mess.

      She's protesting, and the faculty is dragging out the firehose.

      She did violate the policy, and she was told not to do it again. If she hadn't asked for trouble when they told her to stop, she wouldn't have gotten it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    71. Re:I read her entire email by clone53421 · · Score: 1

      The bulk e-mail was still personal and political in nature, and therefore explicitly forbidden. It was not a necessary communication to inform people about the policy change (that's the university's job, therefore any action on her part was unnecessary – and the policy said that only necessary bulk e-mails were allowed). It was her personal editorial on why they were making a bad policy. Since it was critical rather than factual, it was also political.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    72. Re:I read her entire email by clone53421 · · Score: 1

      The complaint came from the Network Administrator and IT person who refused to allow her to send it in the first place.

      She did send it, nobody "refused to allow her to send it". She was then informed she'd broken University policy and told not to do it again.

      it was made by an IT guy TO the University who was irritated that the uppity student refused to do what he told her. In my opinion he tried t misuse his authority to teach her a lesson.

      Him: "That's against policy. Don't do it again." Her: "No, I'll do it again if I feel like it, so why don't you just try and teach me a lesson?" Him: "Ok..."

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    73. Re:I read her entire email by instarx · · Score: 1

      You are making a lot of assumptions. I read nothing about an email to her from the IT department. In the complaint I read about a face-to-face meeting in an office. In any event, it doesn't matter if her message was sent prior to or after being told she could not send it.

      But she IS representing a University office. She is an elected representative of the Student Council. The Student Council has been considered an adjunct part of the University's administration in every University I have ever attended.

    74. Re:I read her entire email by clone53421 · · Score: 1

      Why on earth does the listserv allow unauthorized users to send messages through it?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    75. Re:I read her entire email by instarx · · Score: 1

      She did send it, nobody "refused to allow her to send it".

      If my neighbor refused to allow me to walk across his lawn but I did it anyway, would that mean he didn't "refuse to allow it"? No.

      In any event, whether the denial of permission occurred before or after she sent the message matters not. Under the University's written rules of email she had every right to send it. The topic was allowed (a change of University policy) and she was sending it in her official capacity as Student Council member. As for necessity, the short comment period dictated by the University made the message necessary since there was no other way to contact all the faculty in the time available.

      That the email was acceptable to send may not have been what the University INTENDED when they wrote the email rules, but that's neither here nor there - the way the rule was worded it allowed sending of the email.

    76. Re:I read her entire email by Uberbah · · Score: 1

      But if that's the University's counter-counter argument, she was also using her email account for the purpose of relaying school related messages.

    77. Re:I read her entire email by Anonymous Coward · · Score: 0

      That depends. The proper list might have had 2 names on it. (That is an exaggeration I use for educational effects.) The point is may be the proper channels where set up to keep anyone from saying anything negative about the university to anyone else.

    78. Re:I read her entire email by Uberbah · · Score: 1

      A single, highly school related email does not spam make. Too bad, so sad for the network nazi at MSU.

    79. Re:I read her entire email by clone53421 · · Score: 1

      I did read the complaint. Did you? Carefully? It explicitly states that GSR 3.04 was cited because of the unauthorized use, not misrepresentation of herself.

      Here it is again, emphasis added:

      What regulations or University policy did the respondent allegedly violate? (Please cite sources)
      GSR-3.04 No student shall represent a group falsely or use the resources of a group without proper authorization .
      GSR-4.05 No student shall use any University facility, equipment, or materials except for their authorized purposes.

      Network Acceptable Use Policy

      How did the respondent violate these regulations?
      The student broke the Michigan State University Acceptable Use of Computing Systems, Software, and the University Digital Network (administrative ruling) and the Guidelines for use of bulk e-mail by sending unsolicited e-mails to users of the MSU Network. The student was informed of the proper procedures to follow and flatly refused to obtain the proper permissions stating that she would continue to send emails out and demanded that I file charges against her. A complaint was received by my office from a Dr Katherine Gross by way of John Gorentz who is a KBS computer support person. The student admitted sending the emails to a number of faculty and stated her intention to continue breaking the Network Acceptable Use Policy by continuing to send out bulk unsolicited emails (ie: SPAM). As for GSR 3.04, "No student shall represent a group falsely or use the resources of a group without proper authorization.", the student used MSU computing resources in a way contrary to the guidelines which clearly state that proper authorization is needed to send bulk emails. Although the user sent the emails from a gmail account, the emails were distributed to the recipients through the MSU Network and were relayed using MSU email servers to MSU email accounts. Likewise, sending bulk email without proper authorization constitutes a breach of GSR 4.05 as sending bulk email through the MSU Network is not the intended use of MSU computing resources. Although open to some interpretation GSR 4.08 and 5.02 may also apply, as bulk email is often likened to the electronic equivalent of junk mail, billboard, posters, etc. and is considered a disruption of the activities of the person receiving the email

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    80. Re:I read her entire email by astarf · · Score: 1

      The university's ability to place regulations on usage of their email system goes above and beyond what could regulate in the public sphere, just as their ability to prohibit bringing firearms on campus (the second amendment notwithstanding) goes above and beyond what would be constitutional in the general public sphere. Whether the university is public or private is irrelevent.

    81. Re:I read her entire email by clone53421 · · Score: 1

      My point stands regardless of whether she was told via e-mail or face-to-face. Your point, "if she'd done what they told her, she wouldn't have been heard", is moot because she'd already had her two cents... it's not like they expelled her for sending the e-mail in the first place. They just told her "now stop it, or you'll face disciplinary action", and she said no. Her e-mail was already out, so she should have said ok and been done with it.

      Regarding your other point: Even if we grant that she "represented" a University office, her e-mail still wasn't necessary, and was therefore not allowed.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    82. Re:I read her entire email by clone53421 · · Score: 1

      The topic was allowed (a change of University policy)

      The topic wasn't "a change of University policy", the topic was "this change of University policy is bad". One is necessary to inform students of the change, the other is unnecessary and should be done via alternate communication resources.

      As for necessity, the short comment period dictated by the University made the message necessary since there was no other way to contact all the faculty in the time available.

      First of all you're using a twisted definition of "necessary" (the critique was never necessary in the first place), and second, two weeks isn't long enough?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    83. Re:I read her entire email by Anonymous Coward · · Score: 0

      this may, or may not, be relevant
      -=-=-
      Duck goes into a bar and asks "Got any grapes?"

      Bartender replies, "No, we only serve beer."
      Duck leaves.

      Duck returns the next day and asks, "Got any grapes?"

      Bartender replies, "I told you yesterday, we only serve beer! Ask me again, and I'll nail your beak to the bar!!!"
      Duck leaves.

      Duck returns the following day and asks, "Got any nails?"

      Bartender replies, "No, we don't have nails."
      Duck asks, "Got any grapes?"

    84. Re:I read her entire email by instarx · · Score: 1

      I simply don't get you...

      GSR-3.04 No student shall represent a group falsely or use the resources of a group without proper authorization.

      What about that sentence leads you to think that she wasn't accused of misrepresenting herself? It's right there in black and white. It's a simple sentence.

      I'm not going to get in a slashdot dustup where you are always coming up with more and more convoluted rationalizations as to why you just HAVE to be right. The sentence above, which you yourself pasted here from the complaint clearly states she is accused of misrepresenting herself.

    85. Re:I read her entire email by clone53421 · · Score: 1

      Oh good lord. Maybe this line, which I put in bold italics, in the description of "how the respondent violated these regulations"?

      As for GSR 3.04, "No student shall represent a group falsely or use the resources of a group without proper authorization.", the student used MSU computing resources in a way contrary to the guidelines which clearly state that proper authorization is needed to send bulk emails.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    86. Re:I read her entire email by instarx · · Score: 1

      it's not like they expelled her for sending the e-mail in the first place. They just told her "now stop it, or you'll face disciplinary action", and she said no. Her e-mail was already out, so she should have said ok and been done with it.

      You really have a problem with logic, don't you. First, they haven't expelled her for anything - there has simply been a complaint filed with the University.

      Second, there was no second bloody message! It isn't a violation of ANY rule to simply say you are going to send another message! And since no second message was sent how could she be punished for NOT sending it? That makes no sense.

      The complaint specifically addressed the sending of the FIRST AND ONLY message. The complaint is what the complaint is - not what you say it is.

      Again, I'm not going to get into a tit for tat here with someone who will clearly rationalize any weird position just so he can be right.

    87. Re:I read her entire email by clone53421 · · Score: 1

      First, they haven't expelled her for anything

      Never said they did...

      Second, there was no second bloody message! It isn't a violation of ANY rule to simply say you are going to send another message!

      No, but it can cause them to be pissy about the one you did send and decide to discipline you for it when they previously might have let it slide.

      Ok, look, you want my own anecdotal evidence as far as dealing with campus IT goes? I do know a little bit about the subject.

      On one occasion I plugged a flash drive into a lab computer; from this flash drive (without installing anything) I ran a prohibited piece of software which accessed the campus network (yes, this was stupid, and no, I didn't expect to be caught). A day or two thereafter I received an e-mail that said, in effect, "We've detected that you've installed prohibited software on a lab computer. Uninstall it immediately and don't do it again."

      Now, what do you suppose I did? "I didn't INSTALL the software on that computer, I ran it from a flash drive, and therefore I can't uninstall it because blah blah blah I'm not taking responsibility for my actions and you should probably teach me a lesson blah blah blah"?

      Guess again... "I'm sorry, I've already uninstalled it and I won't do it again." That was the end of it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    88. Re:I read her entire email by Anonymous Coward · · Score: 0

      Untrue...I did select individual academic faculty email addresses from public sites...not a listserv. All emails were sent to groups of 8-25 recipients over the course of a few days. I was not contacted until after all emails had gone out, and no more emails were sent after my conversation with MSU IT. That is not a failure to comply.

    89. Re:I read her entire email by Anonymous Coward · · Score: 0

      Bulk e-mailing may be used only by University offices to send communications

      Does student government count as "University offices?" Where I'm at, it's pretty much just a mock government, with no more power than the cheerleaders.

    90. Re:I read her entire email by clone53421 · · Score: 1

      AC, even if what you say is true (and you really are the student, as you claim to be), the policy explicitly stated that the number of recipients was not defined on a per-email basis but rather per a "short period of time" (which was defined as 2 days). Sending an e-mail to 391 recipients in "groups of 8-25 recipients over the course of a few days" still exceeded the ~20-30 recipients per 2 day allowance.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  5. FRIST PSOT! by Anonymous Coward · · Score: 0

    this is sorta spam. so am i on-topic?

  6. Anonymous Coward by Anonymous Coward · · Score: 0

    FIRST.

  7. Personally by Killer+Orca · · Score: 2, Funny

    I like to sign my instructors up for SPAM, but whatever works.

    1. Re:Personally by AviLazar · · Score: 1

      That's funny. I once tracked (on purpose) poop onto my english professors carpet for giving me a 64 (the lowest possible D before an F) because he didn't agree with my position on a paper (which was a moral issue). He gave me a D because he knew i put hard work into the document but couldn't agree with my position.

      --

      I mod down so you can mod up. Your welcome.
    2. Re:Personally by Lostlander · · Score: 0, Offtopic

      That's what I hate about so many instructors they seem to think they have a right to grade you on your viewpoint when all they should grade you on is your ability to clearly state your point and support your conclusions (and grammar and spelling of course). These professors wonder why people are starting to view universities as indoctrination stations when you're not even allowed to dissent in opinion in an english class.

    3. Re:Personally by Guido+del+Confuso · · Score: 4, Funny

      That's funny. I once tracked poop (on purpose) onto my English professor(')s carpet for giving me a 64 (the lowest possible D before an F) because he didn't agree with my position on a paper (which was on a moral issue). He gave me a D because he knew I had put hard work into the document(,) but couldn't agree with my position.

      Frankly, I'd give you a D for that paragraph alone.

    4. Re:Personally by clone53421 · · Score: 3, Informative

      The comma shouldn't be there.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    5. Re:Personally by Anonymous Coward · · Score: 1, Insightful

      only on slashdot will you have a pedant being corrected by an even more pedantic critic

    6. Re:Personally by Guido+del+Confuso · · Score: 1

      As it stands, you're right. But I forgot to change the clause to read

      but he couldn't agree with my position.

      Without the "he", the subject of the clause is technically ambiguous.

    7. Re:Personally by Anonymous Coward · · Score: 0

      I know... isn't it hilarious? It serves him right, though.

    8. Re:Personally by Anonymous Coward · · Score: 0

      Both "I put" and "I had put" are acceptable.

    9. Re:Personally by Anonymous Coward · · Score: 0

      Behold the scourge that is grade inflation! I would've given him an F for that paragraph alone.

      That grammar might have warranted a D, if he was in grade school.

    10. Re:Personally by Guido+del+Confuso · · Score: 1

      That grammar might have warranted a D, if he were in grade school.

      A hypothetical contrary to fact takes the subjunctive. C-.

    11. Re:Personally by MiniMike · · Score: 1

      I would have given the poop a 65.
      Did you at least hop between the bathroom and his office?

    12. Re:Personally by mrclisdue · · Score: 1

      It's not incorrect that the comma is there - it's not necessary, but it's not wrong, as it's used (optionally) because the clauses are examples of extreme contrast. Your first google hit "use of a comma" will explain.

    13. Re:Personally by BorgCopyeditor · · Score: 1

      You have erred. The only moral thing for you to do is to eat poop.

      --
      Shop as usual. And avoid panic buying.
  8. This is good news... by Guido+del+Confuso · · Score: 4, Funny

    Because it means that we'll finally have an exact legal threshold in terms of number of recipients for an email to be considered spam, regardless of the contents or intent of the email. Zero tolerance policies are a really good idea, because they allow us to deal with violations--now matter how minor--in a uniform manner, and don't permit bureaucrats to allow things like reasonableness or circumstances to muddy the issue.

    1. Re:This is good news... by Shadow+of+Eternity · · Score: 1

      Well played, sir, it wasn't until the final section that you set off my sarcasm meter.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  9. Just like the Government... by Lovedumplingx · · Score: 1

    ...anything they don't like they describe as a misconduct and levy the "appropriate" discipline without any chance of discussion.

  10. The ONLY one? by Spazztastic · · Score: 1

    "I am the only student to ever be charged or brought to the judiciary and charged with violating the university's Network Acceptable Use Policy, and that raises questions for me. I can't imagine that this is the test case for the university given the vast amount of file sharing and hacking that goes on around campus," Spencer said.

    Is she really the _only_ one to be charged? Does she have documented proof of this? I guarantee someone has gotten in trouble in the past or else they have upstanding students or piss poor admins.

    --
    Posts not to be taken literally. Almost everything is sarcasm.
  11. It's an outrage! by R2.0 · · Score: 1, Funny

    I mean, without such emails how are the professors to know that their penises are too small?

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:It's an outrage! by Anonymous Coward · · Score: 0

      High Five for that one !!

  12. Is it just me by pwizard2 · · Score: 3, Insightful

    or does anyone else think that universities are treating students more and more like cattle these days? It's as if the concept of helping students goes flying out the window after the university takes their money.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    1. Re:Is it just me by Lostlander · · Score: 1

      Yup.

    2. Re:Is it just me by snspdaarf · · Score: 1

      These days? It may be more common now, but thirty years ago, I heard two professors remark how "[this] University would be a great place to work, if we didn't have to deal with students", and they were not trying to be funny. They were having some kind of carp-and-moan session about their research projects being impacted by having to teach classes. I realize these two clowns don't represent all professors at all universities, and they didn't represent a majority of the professors I had, but the "Money, please. Screw you very much!" attitude has been around for a long time.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    3. Re:Is it just me by techno-vampire · · Score: 1
      or does anyone else think that universities are treating students more and more like cattle these days?

      Well, what else do you expect when most of the students are financing their education with government-backed student loans? The money isn't coming out of their pockets (yet) or even their family's, so the administration doesn't feel any need to treat them with respect. From their POV, most of the student body is charity cases, and should just shut up and accept whatever they're grudgingly given.

      --
      Good, inexpensive web hosting
    4. Re:Is it just me by Anonymous Coward · · Score: 0

      I'm a non-traditional student and I recently emailed my advisor inquiring as to if there was any degree other than the one I had chosen that might yield a degree sooner (like now) than the computer engineering degree I started 9 years ago. The reply was that she could not answer that question. Then what the hell is her job anyway?

    5. Re:Is it just me by qwertphobia · · Score: 1

      I think this is related to the fad of branding, and since it is voluntary, students are essentially asking to be treated like cattle.

      Heck, they even have their own iApps these days.

      --
      Never ask for directions from a two-headed tourist! -Big Bird
    6. Re:Is it just me by Ced_Ex · · Score: 1

      This behaviour is particularly more evident in universities who deal heavily in research and development.

      I know that for a few of the professors I had, many of them only taught because it was a clause for receiving research grants. They'll only get money for their own research if they trade n amount of hours of teaching.

      These profs lectured for an hour or two a week and left the teaching to their teaching assistants.

      However, there were quite a few gems as far as professors go. These few were only there for the reason of teaching. You could tell by their passion in their lectures and their constant open door policy for extra help.

      In my school, every year the student union published an "Anti-calendar", which was a book of professor report cards. You could easily tell which were the good and which were the bad professors.

      --
      Live forever, or die trying.
    7. Re:Is it just me by Anonymous Coward · · Score: 0

      That isn't true at all, there are laws that prevent cruelty to cattle.

    8. Re:Is it just me by geekoid · · Score: 1

      yes. It is a result of lowering admission standards.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Is it just me by Anonymous Coward · · Score: 0

      maybe the uni IS thinking of the students. if you shorten the semester that could help save some money thereby not driving up tuition. i think the students will be able to "get to know" the campus easily enough even with a shortened honeymoon period.

    10. Re:Is it just me by instarx · · Score: 1

      or does anyone else think that universities are treating students more and more like cattle these days? It's as if the concept of helping students goes flying out the window after the university takes their money.

      I agree except for the "more and more" part. It's ALWAYS been like that. Many students, over many decades, have blazed the trail a'fore ya.

  13. batten down the teapot! by Anonymous Coward · · Score: 0

    I read the linked pdfs and arguments. There doesn't seem to be anything that makes the case something other than spam.

  14. "Selected faculty members"? by 93+Escort+Wagon · · Score: 4, Interesting

    She sent what amounted to a form letter to 391 professors. I certainly don't consider this spam. Given the lazy, unthoughtful way she went about this, I also don't consider this anything more than a waste of everbody's time. Sending what amounts to a bulk form letter via email isn't going to influence anyone.

    Beyond that, I think it's more problematic that she apparently refuses to comply with university policies once notified about them. Her position basically is "I intend to continue sending out poorly thought out, ineffectual bulk messages to all faculty whenever I see fit." In that context, maybe it does become spam...

    --
    #DeleteChrome
    1. Re:"Selected faculty members"? by Anonymous Coward · · Score: 0

      This is amusing, considering that the US public's official complaints policy is to write a physical letter to a congressman.

      The total volume of complaints submitted daily trumps this paltry case.

      The content of the message is also non inflammatory, not defamatory, and fully relevant.

      If not this avenue, what alternative method of reaching all 391 professors in the small deadline provided do you suggest? Haggling them in person is harassment.

    2. Re:"Selected faculty members"? by Bieeanda · · Score: 1
      You give one suggestion with your first line. Physical mail, delivered to their offices or faculty mailboxes.

      Or, you know, not telling a mail administrator off when he shows you the proper mailing list to dump on.

    3. Re:"Selected faculty members"? by db32 · · Score: 2, Interesting

      What? The violation says she was "representing a group falsly". It seems to me that what she did is perfectly inline with her job. The student government's job IS to raise these issues. As far as I can tell ONE professor bitched about it. Classifying what she did as a violation of policy is quite a bit of a stretch after reading the policies cited compared to what she did. So I think she is acting perfectly correctly when the IT department says "We are going to call this a violation of policy because a professor bitched at us, stop it" and she tells them go to hell.

      The part that I don't understand is why she would fight it. I never understood that in most of these types of cases. Why would you fight your university like this? Tell them fuck off I am going elsewhere and I am going to make this as public and noisy as possible so other students know what to expect. Why would you fight to stay at a school that sucks when you can easily go to a school that doesn't suck.

      --
      The only change I can believe in is what I find in my couch cushions.
    4. Re:"Selected faculty members"? by eyecorporations · · Score: 1

      Probably because she is a Senior and has one semester left, so she wouldn't have time to get into any other schools and it would be far more of a hassle for her.

    5. Re:"Selected faculty members"? by Jah-Wren+Ryel · · Score: 1

      Her position basically is "I intend to continue sending out poorly thought out, ineffectual bulk messages to all faculty whenever I see fit." In that context, maybe it does become spam...

      That's one interpretation. But I wonder where you got it from? All we have is the other side's statement that:

      "the student was informed of the proper procedures to follow and flatly refused to obtain proper permissions stating that she would continue to send emails out and demanded that I file charges against her."

      No explanation as to why she needs "proper permission" to send a message to the faculty at her school. No explanation as to exactly what the "proper permission" entails nor how long it takes to acquire it, if it can even be acquired by a student.

      From the facts presented, I think it is at least as likely that her is position basically is "Short of tracking down each faculty member individually and in person, University policies leave me no other choice but to send a single copy of my well reasoned message via email to each faculty member. Furthermore I believe this to be a moral and just method of communication because it is on topic to the relationship between my student government post and the school's faculty and the university administration has already lead by example by sending multiple email messages on the same topic to all students and faculty."

      --
      When information is power, privacy is freedom.
    6. Re:"Selected faculty members"? by Culture20 · · Score: 1

      Why would you fight your university like this? Tell them fuck off I am going elsewhere and I am going to make this as public and noisy as possible so other students know what to expect. Why would you fight to stay at a school that sucks when you can easily go to a school that doesn't suck.

      If she has political aspirations, fighting a public battle over a right like free speech can get her name recognition.

    7. Re:"Selected faculty members"? by clone53421 · · Score: 1

      What? The violation says she was "representing a group falsly".

      No, it said "No student shall represent a group falsely or use the resources of a group without proper authorization." They weren't claiming she falsely represented anyone, they were claiming she used University resources for non-authorized purposes.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    8. Re:"Selected faculty members"? by rhizome · · Score: 1

      Beyond that, I think it's more problematic that she apparently refuses to comply with university policies once notified about them. Her position basically is "I intend to continue sending out poorly thought out, ineffectual bulk messages to all faculty whenever I see fit." In that context, maybe it does become spam...

      Paging sorehands...Sorehands, please pick up the white courtesy telephone...Paging sorehands...

      --
      When I was a kid, we only had one Darth.
    9. Re:"Selected faculty members"? by Anonymous Coward · · Score: 0

      You mean a woman is told what the rules are, is warned not to violate them, violates them, and will get off with no real punishment (I bet she gets no punishment, AND the welcome week is extended/preserved)?

      SHOCKER.

    10. Re:"Selected faculty members"? by clone53421 · · Score: 1

      "Short of tracking down each faculty member individually and in person, University policies leave me no other choice but to send a single copy of my well reasoned message via email to each faculty member. Furthermore I believe this to be a moral and just method of communication because it is on topic to the relationship between my student government post and the school's faculty and the university administration has already lead by example by sending multiple email messages on the same topic to all students and faculty."

      What, was there no campus newspaper? Heck, if the policy change was that awful she could have just gotten the local paper involved even if there was no campus paper.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    11. Re:"Selected faculty members"? by Anonymous Coward · · Score: 0

      Lol. Most faculty don't read the student newspaper. Try again.

    12. Re:"Selected faculty members"? by clone53421 · · Score: 1

      Freedom of speech is guaranteed. Nobody guaranteed that anybody would care or listen.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    13. Re:"Selected faculty members"? by db32 · · Score: 1

      I suspect that she had proper authorization by being a student there and that they are trying to manipulate the definition of proper authorization on the fly. Clearly, students should not be allowed to email the faculty without proper authorization for every email... So if you want to send emails to faculty about an issue you must first send an email to the faculty about sending the email to the faculty about that issue, however, before you do that you must also obtain permission from the IT staff to send an email to the faculty to obtain permission to send an email to the faculty about an issue.

      Having done the college thing I have yet to figure out why every student isn't awarded a dual major in Bureaucratic Systems just for actually making it through. This kind of nonsense is pretty typical.

      --
      The only change I can believe in is what I find in my couch cushions.
    14. Re:"Selected faculty members"? by stocke2 · · Score: 1

      Read again, short timeframe, how long do you think it would take to mail them and how long till they get it. Plus from my reading she didn't use a maillist, but, carefully selected them

      --
      A Smith & Wesson beats four aces -- Murphy's Law of Poker
    15. Re:"Selected faculty members"? by Anonymous Coward · · Score: 0

      Nobody guaranteed that speech would only be through "approved channels" either.

    16. Re:"Selected faculty members"? by fermion · · Score: 1
      The problem is that she does not understand what college is. In the United States, K-12 eduction is mostly a right. Pretty much everyone is forced to take advantage of at least 10 years of such education, though perhps 50% of the population only completes nine years, at max. College, OTOH, is a privilege. A privilege tht one pays for, like driving. They payment grants a privilege, not right. And there are choices. One can choose not to go. One can choose to go to a school with low rigor. One can choose to go to a school that will give a diploma in exchange for money, with little to no work.

      What one cannot do is think that payment grants any rights beyond basic human decency. The professor I had were all caring, competent, and rigorous. The work was challenging. Sometimes it was challenging enough that I had to drop the class. But I always knew it was a privilege to be in school, and that my acceptance might have resulted in another not gaining such a opportunity. It was a responsibility.

      If some bozo wants to whine that classes that are too hard, that is fine. But when they also whine that life is unfair, and they have to pay consequences for their actions, that simply makes me lose all respect for the person. Fight for opportunities, not against the consequences when you fuck up the opportunities. Look at it this way. It is perfectly fine to fight for the opportunity to go college, but don't waste anyone time when one screws up the interview because of the need to party the night before.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    17. Re:"Selected faculty members"? by instarx · · Score: 1

      The part that I don't understand is why she would fight it. Why would you fight to stay at a school that sucks when you can easily go to a school that doesn't suck.

      Yeah man - you're right. I never could figure out why all those African-Americans didn't just take their money and go to some other country when they had a problem here. Or why, in the 30s, all those coal miners just didn't go work in some other mine to be killed in. (Its sarcasm, people).

    18. Re:"Selected faculty members"? by clone53421 · · Score: 1

      If she used the e-mail system for its intended purpose (e-mailing faculty and students about coursework) she wouldn't have gotten in trouble. If she'd simply said "ok, I'll stop" when they told her that her bulk e-mail was against policy, she wouldn't have gotten in trouble. Instead, she had to be the hero and basically told them GFY and come back with a warrant... er, well, I dare you to take action, basically. It's not exactly like she'd have been walking a tightrope if she wanted to keep out of trouble... more like the opposite, in fact.

      Her e-mail was soapboxing her personal opinions regarding a University policy that she wanted to be changed. Since "personal" and "political" purposes were expressly prohibited in the bulk e-mail policy, she was pretty clearly over the line.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    19. Re:"Selected faculty members"? by clone53421 · · Score: 1

      Nobody guaranteed that Universities wouldn't limit your free speech either, merely that Congress can't.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    20. Re:"Selected faculty members"? by db32 · · Score: 1

      About coursework? So all of the other emails that come across the univeristy email systems are unauthorized. Boy, I bet admissions, registrations, or all of the various student aid groups are in deep trouble now! That is nonsense. Additionally, she was part of the student government. The email is professional, it was not just "soapboxing" it was student government representing the students. You know, what they are supposed to be doing, the whole reason student governments exist. That complaint only lists a few people. I suspect the vast majority of the faculty were not paranoid luddites freaked out by getting an email from a student that wasn't theirs (now, I could be making a leap, but in my experience I have only run into a few of these types in my experiences with colleges.) Having worked in places (to include a university) that had this "superior" type of employee (doctors, professors, whatever) they are very used to just getting their way when they throw tantrums. That looks exactly like what happened here, some whiney faculty member threw a fit to the IT staff. The IT staff in these organizations are usually always a hair away from being downsized, funding cut, or whatever because as important as the computers are, the IT staff never seems to be, and a phone call from a bitchy member to the dean will likely bring hate and discontent down on the IT staff. These organizations are frequently more than happy to implement braindead policy to try and keep their (doctors, professors, etc) happy and in place rather than making any rational attempt at explaining things.

      Now, on top of this, it was a student daring to question the authority and policy of the administration. I think she did the right thing by taking a stand against this. Every school I have been at has blasted mass mailings to every student and the like to get information out so I bet that this university is no different.

      Democracy in action...rather than ignoring dissenting view points, attempt to silence them. What better message to send to the student government...do what the administration tells you or we will silence you. Talk about real world training...

      --
      The only change I can believe in is what I find in my couch cushions.
    21. Re:"Selected faculty members"? by db32 · · Score: 1

      Yeah, because that is totally the same thing isn't it! Even trying to compare being upset at an organization over the quality of the product you recieve for your payment (In this case university/education/tuition) belittles the struggle for human rights you mention there in a rather disturbing way.

      --
      The only change I can believe in is what I find in my couch cushions.
    22. Re:"Selected faculty members"? by instarx · · Score: 1

      There are big battles and there are small battles. Not everyone can fight the big ones. Fighting a small personal battle does not demean anyone else's fight..

  15. Nothing wrong with her message by AviLazar · · Score: 1

    Her message was fine. Composed well. Before RTFA I thought it was a whiney cry "OMG th3y r taking away our partayzzz timez" but in reality her letter was fine
    Some prof was concerned how a student got her WORK e-mail address??? Geez at the universities I went to (2 of them) a professors email was their first initial, last name and the school address after the @ symbol. You could also go to each departments website and get a picture, email, phone and office address for the professor.
    This is silly, and the school needs to grow up. This does not fall under the realm of spam. The message was written and targetted to professors on an issue that affects professors and students. It would be like me complaining that my bank sent me a letter, via e-mail, informing me that my statement date was changing. The info is relevant to me - it wouldn't be spam. The info is relevant to the professors - it is not spam.

    --

    I mod down so you can mod up. Your welcome.
    1. Re:Nothing wrong with her message by Anonymous Coward · · Score: 0

      All professor email addresses at a state school are public record.

    2. Re:Nothing wrong with her message by Anonymous Coward · · Score: 0

      The info is relevant to the professors - it is not spam.

      So you're saying that if I have a small penis then all the email I get isn't actually SPAM?! Damn it!!

    3. Re:Nothing wrong with her message by AviLazar · · Score: 1

      Pretty sure the company that sent you those e-mails didn't know your size or those belonging to the 232352351 they sent emails to. There is also no relationship between you and those companies. There is a relationship between students and teachers in the same university. There is a world of difference and to compare this girl to random "traditional" spammers is silly.

      --

      I mod down so you can mod up. Your welcome.
    4. Re:Nothing wrong with her message by sexconker · · Score: 0, Flamebait

      It's SPAM.
      It was unwanted, there was no obligation for the recipient to receive it, and there was no obligation for the sender to send it.

      The sender in this case was also told not to send that shit, so it's not a case of "Well, Professor X thought it was SPAM, but Beast thought it wasn't!". She was told not to do it and she did. It's a clear cut case of a violation of the acceptable use policy.

      (She'll get off scott free though, because all the freshman want more drinking time.)

    5. Re:Nothing wrong with her message by Anonymous Coward · · Score: 0

      Nothing wrong with her message, everything wrong with how she went about sending it.

      Email is not meant to express ones ideas to a horde of people that don't care. These are what forums are meant for. It was a political message in nature, it was bulk for sure (she probably didn't even bcc people!), and it was most certainly unsolicited.

      If she wanted to express her opinion on the subject, or wanted to extend the forum period, then she should have taken that up with the dean and board members, and no one else.

      I'm not saying suspension is the right course of action, but from what I read, she basically asked for it, and refused to follow established policy. Well, here you go, kid.

    6. Re:Nothing wrong with her message by maxume · · Score: 1

      It's a state school, the whole semester is drinking time.

      Ha!

      (Of course, I did go to a state school...)

      --
      Nerd rage is the funniest rage.
  16. ah, academic politics by Goldsmith · · Score: 1

    She's going to be fine. The administrator who let that e-mail go through the list-serv is losing his job though.

    1. Re:ah, academic politics by Anonymous Coward · · Score: 0

      Their list-serv is public: http://list.msu.edu/archives/index.html

  17. Always comes down to definitions by zindorsky · · Score: 3, Insightful

    The crux of the issue is of course what you mean by spam. The best definition I've seen is: bulk, unsolicated commercial communications. (Due I think to Brad Templeton.) In this particular case the commercial aspect is missing, so this is not spam. This tendency to label of anything you don't like as either "spam" or "terrorism" is getting pretty tiresome.

    --
    If the geiger counter does not click, the coffee, she is not thick.
    1. Re:Always comes down to definitions by AviLazar · · Score: 1

      SPAM doesn't require commercialism. If you don't believe me give me your e-mail address. I will post it on slashdot and ask everyone on slashdot e-mail you with "I love you", 50 times each. They are not using it for commercial issues - so by your reasoning (and Templetons def) it is not spam.
      This does not fall under spam, imho, because the student sent an e-mail to professors on their school work e-mail (which allows students to send to professors) for the purpose of asking a professor for their input on a situation that concerns them in two ways 1) their WORK/personal schedules and 2) their students EDUCATION

      --

      I mod down so you can mod up. Your welcome.
    2. Re:Always comes down to definitions by sexconker · · Score: 1

      SPAM is any email that satisfies all of the following:

      You don't want to receive it.
      You have no obligation to respond to it.
      The sender had no obligation to send it.

      Does that religious pamphlet, in your mailbox not count as junk mail?
      You don't want to receive a jury summons, but it's not SPAM because there is an obligation on your part.
      You may not want to receive the notification that the privacy policy for your bank has changed, only to correct some typos. But the bank has an obligation to send it out.

      Signing up for mailing lists / letting companies share your address implies a wanting on your part. It also implies an obligation on the sender's part. (I doubt anyone gets mad that they didn't get the email about the cheap Viagra even though they're on the same list as their friend, and he saved $5. But people do get mad when they don't get their coupon codes, their beta access keys, etc.)

      Having established business (bills, orders) also implies obligation.

      Being a professor at a university that some bitchy girl goes to does not imply want or obligation on either party. If the receiver decides they in fact do not want the email, it is SPAM, and thus violates the acceptable use policy.

      Of course, the policy won't be interpreted that strictly, since you can't determine if the receiver will want to read your email. You may email some friends about a party and they may not want your email. It's SPAM in their eyes, but not in yours.

      What happened in this case was that the girl was specifically told not to do something, and did it anyway. That is SPAM in both the eyes of the sender and the receiver, since it was made known to the sender that she shouldn't be doing that shit.

    3. Re:Always comes down to definitions by jimicus · · Score: 1

      You don't want to receive it.
      You have no obligation to respond to it.
      The sender had no obligation to send it.

      That fairly accurately describes about 60-70% of business email.

    4. Re:Always comes down to definitions by Anonymous Coward · · Score: 0

      This tendency to label of anything you don't like as either "spam" or "terrorism" is getting pretty tiresome.

      Every time I see someone do that, I feel raped.

      (Irony intended.)

    5. Re:Always comes down to definitions by genner · · Score: 1

      SPAM doesn't require commercialism. If you don't believe me give me your e-mail address. I will post it on slashdot and ask everyone on slashdot e-mail you with "I love you", 50 times each.

      cooldude6993@popstar.com

      Hey, I'm a lonely guy I take what I can get.

    6. Re:Always comes down to definitions by powerlord · · Score: 1

      Signing up for mailing lists / letting companies share your address implies a wanting on your part.

      This has usually been described as "its not SPAM if you have a pre-existing relationship with the person."

      She is a representative of the Student government. The professors are part of the school faculty. That sounds like a pre-existing relationship.

      What I haven't heard is wether she included an opt-out link (or "reply to me and I'll remove your name from any future email).

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    7. Re:Always comes down to definitions by Anonymous Coward · · Score: 0

      What about the obligation of the university, run as a business, to receive correspondence from its customers? How much do you think she's paying a year to attend? It's a state university, so from what I can find, local students pay about 10,000 a year in tuition, but there's probably plenty of other fees along with housing, meal plan, health services, etc. So 15,000 isn't too far off. In any case, there's the pre-existing business relationship that most businesses use to get around the rules to pester me. It was an e-mail from a customer to the employees of a business whose service she pays to subscribe to. Ergo, not spam.

      There's the acceptable use policy, of course. She probably used her school provided e-mail account to send the message, so she'll be hitting the acceptable use policy. Of course, even if she used a personal e-mail address and didn't use the school's internet connection to send it, they'd probably still go after her with the acceptable use policy because by sending an e-mail she "accessed" the school's e-mail system.

    8. Re:Always comes down to definitions by geekoid · · Score: 1

      Spam should solely be judged on context.
      Is it reasonable to expect an email from this person?
      Is it relative to an ongoing relationship?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Always comes down to definitions by ceoyoyo · · Score: 1

      So next election if all the candidates decide to send you "vote for me!" e-mails you're just fine with that?

      How about if during the next heated mayoral election in Nowhere, Kentucky, all the candidates send out frequent campaign messages to everyone they can, including you, via the usual botnets?

      Spam doesn't have to be commercial.

    10. Re:Always comes down to definitions by sexconker · · Score: 1

      "This has usually been described as "its not SPAM if you have a pre-existing relationship with the person.""

      Uh, no. I'm referring to opt in.
      She's in the student government.
      If a professor is on their mailing list, and she posts through the mailing list, it's not SPAM.

      Pre-existing relationship (no matter how specifically you define it) does not imply wanting of email.

      Signing up directly is wanting.
      Having an account at a site implies wanting for things related directly to your use of the site (down time, redesign, etc.).

      Being a professor at a university does not imply wanting emails from the student government. It also does not imply wanting emails from the individuals in the student government. It also does not imply wanting emails from individuals in the student government, who are using their personal email accounts to send politically motivated rants.

    11. Re:Always comes down to definitions by genner · · Score: 1

      Not a single email.
      I have the world's greatest spam filter aparently.

    12. Re:Always comes down to definitions by Anonymous Coward · · Score: 0

      No, the crux of the matter is if you're a student and you have a problem with something the provost is doing, you don't need to email 391 people who have next to no influence on the subject at hand.

      Or are you one of those people who thinks the administration listens to the teachers? Believe me, if it isn't a union/ CBA issue, which it obviously isn't or it wouldn't have even made it this far, then the teachers aren't going to have any say in when the fall term starts or how long students have to settle in or whatever.

      It's fun to debate the fluid definition of spam I guess, but at the end of the day, this chick should've gone to the administration instead of the teachers.

  18. At least she didn't TELL EVERYONE HI by Xcott+Craver · · Score: 4, Interesting

    When I was in college, a little-known feature of the mainframe system allowed anyone with an MVS account (every CS major and anyone who took a CS class) to send a bulk instant message to everyone on campus.

    Astonishingly, this had the effect of shutting down all administrative offices, from payroll to the registrar to the financial aid office. This was because all the line printers had accounts too, and would choke on an improperly formatted input. Anyone with an account could do this. Of course it would be tied to your name, so in theory you'd want to use someone else's account.

    About every couple years a student would learn about the feature and innocently TELL EVERYONE HI without realizing that they were about to enter a dimension consisting entirely of pain. I do not think that even this transgression would result in a suspension---the chair might have you murdered, but no suspension.

    1. Re:At least she didn't TELL EVERYONE HI by clone53421 · · Score: 1

      Actually I think it'd be a whole lot funnier to figure out what the "properly formatted input" was and make all the printers on the whole campus print a "hello world" sheet.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:At least she didn't TELL EVERYONE HI by Ogive17 · · Score: 3, Funny

      Reminds me of the good ole NET SEND command, a few of us would send messages to our TA during our FORTRAN class while he had his screen hooked into the projector. He had no idea where the messages were coming from.. but at least it made the class somewhat entertaining. I guess being able to program doesn't require you to also have some basic networking skills.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    3. Re:At least she didn't TELL EVERYONE HI by Anonymous Coward · · Score: 0

      These days, of course, any student doing that would find themselves in a cell awaiting prosecution for 1000 counts of felony unauthorized access to a computer system.

    4. Re:At least she didn't TELL EVERYONE HI by cffrost · · Score: 1

      [...] --the chair might have you murdered, but no suspension.

      Ah, so you were in Steve Ballmer's class...

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
  19. There's spam, then there's SPAM by Gothmolly · · Score: 1

    So this went to what, a few hundred people, who at least were vaguely connected to the issue, and they simply deleted it? Where's the impact here, vs. 10,000,000 p3n15 emails with links to malware sites?

    --
    I want to delete my account but Slashdot doesn't allow it.
  20. Not SPAM, but what's this about free speech? by CannonballHead · · Score: 2, Insightful

    I don't understand the free speech thing. No, it's not SPAM. Whether or not she actually abused the policy is up for someone else to decide, not me. But what is all this talk about free speech? Since when does freedom of speech mean you can break a the rules you agreed (I assume you have to agree to abide by them in order to be accepted into the school) to follow?

    If she actually broke the policy, then the agreed-to consequences for it should happen. If she didn't, the school is being stupid, and the SCHOOL should face consequences. But this doesn't have to do with "freedom of speech."

    1. Re:Not SPAM, but what's this about free speech? by Anonymous Coward · · Score: 0

      I don't understand the free speech thing. No, it's not SPAM. Whether or not she actually abused the policy is up for someone else to decide, not me. But what is all this talk about free speech? Since when does freedom of speech mean you can break a the rules you agreed (I assume you have to agree to abide by them in order to be accepted into the school) to follow?

      You see, this is a State school, and in the USA there is a little thing called the Constitution and another little thing called the Bill of Rights, and as a government agency, a State school can't have a policy contrary to those little things.

      A private school is a different kettle of fish.

    2. Re:Not SPAM, but what's this about free speech? by CannonballHead · · Score: 1

      Thank you, I understand that it is a state school, and I understand there is a Constitution. And I understand that, in fact, the first 10 amendments to that Constitution are generally referred to as the "Bill of Rights."

      I also understand that a government agency can't have policies contrary to them.

      But public schools can have policies that aren't contrary to them. Freedom of speech does not mean you are allowed to use any technology you want to say anything you want. Those policies appear to have been left up to the schools or other organizations to decide. For example, the post office is a government agency, right? But I am not legally allowed to put non-stamped letters into a mailbox. It's illegal to use mailboxes without going through the policies and procedures of the US Postal Service. No!!!! My rights are being violated!!!

      No, your rights aren't being violated... it's just that the 'Bill of Rights' is not synonymous with "Anarchy on Public Property."

      If she had been talking to students about it and got in trouble for that, that would be different. She's not technically in trouble for what she said, she is technically in trouble for breaking a policy. So prove she didn't break the policy. If she's still in trouble, then yell about freedom of speech.

      Think of it this way. I accuse you of stealing. You complain that your freedom of speech is being taken away. That makes no sense, you're not answering my accusation. Now, if you didn't steal, you prove you didn't steal, and THEN you complain about it, then you are accusing me, and now *I* have to answer for it. Right? From the article, it doesn't appear that's what this "FIRE" group is doing.

    3. Re:Not SPAM, but what's this about free speech? by Attila+Dimedici · · Score: 1

      It has to do with freedom of speech since this school is a state sponsored school. That means that school policies are government policies. It is a violation of the Constitution for a government agency to have a policy that abridges freedom of speech. If this was a private school the issue would be different.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:Not SPAM, but what's this about free speech? by BaronHethorSamedi · · Score: 1

      That means that school policies are government policies.

      Not quite sure what you mean by this. Any policy of any branch of government must be followed by any state school? I don't think the equivalence you suggest really exists.

      It is a violation of the Constitution for a government agency to have a policy that abridges freedom of speech.

      Closer to the mark, and indeed quite true, but totally inapplicable to what the student above did. School resources (like e-mail addresses/computer networks) can certainly have reasonable limits placed on them. Freedom of speech does not mean that you have the right to use someone else's resources (including those of government agencies) in any way you see fit. This is all the more true when you have signed an agreement on which your usage of those resources is conditioned. Remember, the school is under no obligation to provide network access to anyone, for any purpose. Just because one very specific way of speaking has been curtailed (because you agreed that it would be if you violated certain terms), doesn't mean your freedom of speech has been meaningfully interfered with.

    5. Re:Not SPAM, but what's this about free speech? by CannonballHead · · Score: 1

      He charged her with violating three school policies on sending un-solicited e-mails.

      That doesn't sound like "freedom of speech." That sounds like "spam." The accusation isn't about what she said, it's about how she said it. My question is, why is the defense about what she said if the accusation is about how she said it?

      I understand public/private school, government policy, Constitutional rights, etc. If she feels that is an issue, bring it up after she proves she didn't violate the school policy on technology abuse (un-solicited e-mails or whatever they call it). As far as I know, there's no freedom of speech violation in limiting the use of school e-mail.

      If she thinks she is wrongfully being accused and the issue is actually that they didn't like what she said, then she should prove she didn't abuse what she is being accused of abusing and THEN accuse THEM of violating her Constitutional rights.

    6. Re:Not SPAM, but what's this about free speech? by Dr+Damage+I · · Score: 1

      So if the schools policy is "You may not express opinions contrary to that of University Administration" That's just fine and no violation of free speech?

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    7. Re:Not SPAM, but what's this about free speech? by Anonymous Coward · · Score: 0

      But public schools can have policies that aren't contrary to them.

      Correct.

      Freedom of speech does not mean you are allowed to use any technology you want to say anything you want.

      True.

      Those policies appear to have been left up to the schools or other organizations to decide.

      left up to the schools or other organizations to decide, provided that the policy is legal. The point is that the school's policy, as applied, appears to infringe unreasonably.

      For example, the post office is a government agency, right? But I am not legally allowed to put non-stamped letters into a mailbox. It's illegal to use mailboxes without going through the policies and procedures of the US Postal Service. No!!!! My rights are being violated!!!

      What right is being violated? I must have missed the right to send mail without putting a stamp on it. Is that the 9.5th amendment?

      If she had been talking to students about it and got in trouble for that, that would be different.

      Why? Are you allowed to send email to students but not to professors?

      She's not technically in trouble for what she said, she is technically in trouble for breaking a policy. So prove she didn't break the policy.

      She's claiming the policy isn't legal.

      There is a very long history of US schools having policies that violate the free speech rights of students, and usually when they get to court, the school gets slapped by the judge.

    8. Re:Not SPAM, but what's this about free speech? by VGPowerlord · · Score: 1

      It is a violation of the Constitution for a government agency to have a policy that abridges freedom of speech.

      It is? Where in the constitution is that?

      If you mean the first amendment, it only mentions one specific government agency:

      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.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    9. Re:Not SPAM, but what's this about free speech? by jays8088 · · Score: 1

      She may have agreed to rules for use of her university account but she was using a Gmail account. Regardless if it was spam or not, the university does not even have grounds for complaint that she used her university account and resources to send spam as she did not.

    10. Re:Not SPAM, but what's this about free speech? by clone53421 · · Score: 1

      Just because she didn't send the message using University resources doesn't mean receiving it didn't use them.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    11. Re:Not SPAM, but what's this about free speech? by CannonballHead · · Score: 1

      She's allowed to send e-mail to professors and to students. But she has to follow the policies, correct?

      Read the bulk e-mail policy here. Specifically:

      âoeBulk e-mailâ in this context means the transmission of an e-mail message within a short time frame to more than a small set of recipients who may not have elected voluntarily to receive the e-mail. âoeShort time frameâ means an interval spanning as long as 2 days. âoeSmall set of recipientsâ means the size of individual-recipient address lists (To, CC, BCC fields) typical of most e-mails in common use, ranging from 1, to a few, to as many as may be involved in a large committee or work group (~20-30). Use of mailing lists and listservs to which recipients may voluntarily opt in and opt out is encouraged, and this type of e-mail distribution is not included in the meaning of âoebulk e-mailâ in this document.

      There are also some permitted activities. Discussion of school policy changes is not one of them, whereas dissemination of information about school policy changes IS allowed. This doesn't fall into that category though.

      Frankly, I don't see what's unconstitutional about this. Unless you think every student should be allowed to spam the college's internal e-mail system as much as he or she would like or something like that. Could it be done differently? Sure. But I don't see how it's unconstitutional.

      Cited allegations can be found here (pdf)

    12. Re:Not SPAM, but what's this about free speech? by Asic+Eng · · Score: 1
      This whole resources angle in respect to computers seems ridiculously outdated. Certainly at some point computers were big expensive machines, RAM was measured in Kilobytes, and computing time had to be applied for. That's in the past, and while computer technology has developed fast - it's really been in the past for a long time now.

      Sure there is some cost associated to store incoming emails, just as there is a cost associated with visiting someone's office and wearing down the carpet by standing on it, affecting the air condition by opening the door, or reducing the structural integrity of a desk by placing a piece of paper on top. It's absurd to even consider the fraction of a cent this cost the university, let alone to use that as justification for strange policies and arbitrary restrictions on free speech. To clarify: I'm not saying that there can never be a justification for these restrictions, but "resources" does not qualify.

    13. Re:Not SPAM, but what's this about free speech? by JerBear0 · · Score: 1

      "The point is that the school's policy, as applied, appears to infringe unreasonably."

      Really? So the school should allow a student to bulk email whatever they want without restriction? I don't think so. It would infringe unreasonably if it prevented communication based on content, or in some way prevented the student from expressing her views, but establishing rules for the university's communication systems doesn't even come close to what the Bill of Rights is talking about.

      A better example using the post office metaphor would be as follows:
      You sign up for a USPS commercial account, and sign their agreement. You use this service to mail out some form of protected speech on a regular basis. One day, you print a label for a 1 pound box, and slap it on a 50 pound box of your literature and drop it off. USPS returns the box, and explains that they are happy to ship your materials, but you must follow the terms of the contract you agreed to when shipping materials. You tell USPS that you'll do whatever you want and they can't stop you. When they cancel your account, you scrape up some lawyers and scream that your 1st amendment rights have been violated.

      But of course they haven't. USPS hasn't prevented you from speaking, they've merely prevented you from distributing your writings using their "network" in a way that would be detrimental to the efficacy of said system.

      The same is true for the student. They haven't prevented her from distributing her message in other ways. She's not being censured for the content. The University's sole complaint is that she has used their resources in a manner inconsistent with the terms she agreed upon. They even started reasonably nicely, informing her what she did was inappropriate and advising her as to the proper way to go about it in the future.

      The sole issue here is her violation of agreed upon policy. She now having an 'Oh Shit' moment, as she realizes that what she did and her subsequent behavior could have real consequences to her academic career, and is attempting to get MSU to back off by throwing the 1st amendment into the mix.

      I find this misuse of our most precious amendment extremely distasteful, and sincerely hope that the University doesn't cave in to such obvious redirection.

      --
      Bad experience is a school that only fools keep going to.
    14. Re:Not SPAM, but what's this about free speech? by instarx · · Score: 1

      For three reasons:

      First, she didn't break any rules - that's just what the complaint alleges. Bulk emails about university policy changes are black-letter allowed in the email policy.

      Second, you cannot sign away your rights. No agreement you make that requires you to relinquish constitutional rights is valid. And since the University is a governmental organization, it isn't even a question in this case.

      Third, by setting a very short comment period about the policy changes, the University essentially made bulk email the only way an individual could express their opinions effectively. Had the University set a comment period longer than two weeks she may have been able to use other means, but they didn't. The short time period plus the prohibition for bulk email amounts to clear prior-restraint.

    15. Re:Not SPAM, but what's this about free speech? by clone53421 · · Score: 1

      Ok... the headers and text of the e-mail itself comes to about 3.39KB. It also contained an attachment, Faculty Email.doc, which I presume was an identical copy of the e-mail attached as a MS Word document. Pasting the body of the e-mail into MS Word and saving it results in a 27.5KB document. This would have been Base64-encoded in the message, inflating it to ~37.24KB. So the total size for the e-mail was about 40.63KB. It's not huge, but when your average e-mail won't have an attachment and is probably 5KB it's not entirely insignificant.

      However, the system had to store 391 copies of the e-mail. That comes to about 15.51MB, which is not an insignificant chunk of storage.

      Basically what it boils down to, though, is that her e-mail was prohibited because it was a bulk e-mail of personal/political nature – and she should have told them she wouldn't do it again after they told her it was against policy (regardless of how much University resources were required to transmit and store her e-mail).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    16. Re:Not SPAM, but what's this about free speech? by Asic+Eng · · Score: 1
      That comes to about 15.51MB, which is not an insignificant chunk of storage.

      Sounds old-fashioned to me, to be honest. Allow me to explain, please: Let's assume that storage was provided by a harddrive with a capacity of 500GB - that means we are using about 0.0032% of that drive. Again to be generous let's say the cost of that drive is around $70 - that means to provide the space required for this email, we would need to spend 0.224 cents. That's for having the space though - it's not that the drive becomes unusable or needs to hold this data forever - once the receiver clicks "delete" the space is freed-up again. So we are talking about the temporary use of a resource which is worth less than a cent. I think it's fair and appropriate to call that insignificant in the year 2008.

      As for the remainder of the argument, let me please state again: I'm not saying that there can never be a justification for these restrictions, but "resources" does not qualify.

    17. Re:Not SPAM, but what's this about free speech? by clone53421 · · Score: 1

      Regardless of the relative "pain" involved in the use of their resources, the campus still has no obligation to allow people to speak freely over its network any more than it is required to have a secretary deliver your stack of fliers to several dozen offices.

      Even if they are required to permit free speech in order to retain government funding they're still within their reasonable rights if they require people to follow certain procedures before spouting off. According to what I've seen, not only did they intend to let her off with just a warning when they informed her that she had violated the network policy, they even apparently offered to show her a permissible way of accomplishing the same thing, which she refused to do.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  21. Because in the US by Anonymous Coward · · Score: 3, Insightful

    It is legally much easier to regulate commercial speech. If you want any sort of anti-spam law, your best bet is there.

  22. Re:This is good news... well not really by tripdizzle · · Score: 1
    Did you read this girl's email?? It was not spam at all (as I understand spam, part of the problem is everyone has a different definition, you say its the amount of recipients, other posters just call it 'unsolicited commercial mail') it was a legitimate email sent to instructors and asking real questions on the behalf of students. Just because it is sent to multiple people automatically categorizes it as spam?? If this held true, I would not be able to receive emails for mailing lists I have subscribed to. As I see it, users and admins are responsible for managing their own mail servers and inboxes, not bureaucracies.

    Keep your laws and rules off my interwebz!!! The growing pains that are apparent on the internet will eventually be solved with technical solutions without the need of those without experience managing networks creating new rules and regulations.

    --
    "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  23. First we need a good definition of spam. by imyy4u3 · · Score: 5, Interesting
    Is spam any unsolicited email sent out to 20 or more recipients? If so, this is spam.

    Is spam any unsolicited commercial email sent out to 20 or more recipients? If so, this is not spam.

    Is spam any unsolicited advertorial email sent out to more than 1 person? If so, this is not spam.

    Is spam any unsolicited email sent to more than 1 person? If so, this is spam.

    The problem here is we need a legal definition of spam to define what it is. Then once the public knows what spam is, we can prosecute those who send it illegally, and stop wasting our damn time arguing what it is. Personally, I like the definition of any unsolicited email sent to more than 20 people...regardless of the content.

    1. Re:First we need a good definition of spam. by StikyPad · · Score: 3, Funny

      I like your idea, and I have forwarded it to 20 of my closest friends with instructions that they do the same.

    2. Re:First we need a good definition of spam. by Anonymous Coward · · Score: 0

      1. Create random sender name
      2. Send message to 19 people.
      3. Repeat

      A legal definition of spam will never work because the spammers will just find loopholes in the law.

      Anytime you give out your email you are agreeing to accept any email they send you, making almost all email solicited.

    3. Re:First we need a good definition of spam. by JustinOpinion · · Score: 1
      Well in this case the definition is a matter of university policy. In other words, the punitive actions are occurring because of a breach of the terms-of-use for the university network (which, presumably, every student and university employee agree to when they join). So, here is the university's policy. In particular, they state:

      "Bulk e-mail" in this context means the transmission of an e-mail message within a short time frame to more than a small set of recipients who may not have elected voluntarily to receive the e-mail. "Short time frame" means an interval spanning as long as 2 days. "Small set of recipients" means the size of individual-recipient address lists (To, CC, BCC fields) typical of most e-mails in common use, ranging from 1, to a few, to as many as may be involved in a large committee or work group (~20-30). Use of mailing lists and listservs to which recipients may voluntarily opt in and opt out is encouraged, and this type of e-mail distribution is not included in the meaning of "bulk e-mail" in this document.

      So it is considered unacceptable if the receipient did not voluntarily elect to receive it, and if the distribution size is excessively large (e.g. more than 30 people). The present case involves emailing 391 professors directly. The "proper" method is no doubt to send the message through a mailing list, in which case various people are voluntarily able to join/leave the list.

      It seems pretty clear that she has broken the rules as set out by the university's policy. Now, whether an exception should be made because of the importance of her message is then up to the administration. But at least technically she has been warned (through the policy) that her actions are not acceptable.

      A legal definition is not meaningful here, since the university is not taking her to court. They are suspending her (or just threatening to?) because she broke the network terms of use.

    4. Re:First we need a good definition of spam. by grumpyman · · Score: 1

      Definition: Spam is a canned precooked meat product made by the Hormel Foods Corporation.

    5. Re:First we need a good definition of spam. by sabs · · Score: 2, Interesting

      If I'm a professor at a University with an open door/email policy. That I tell my students that they're always welcome to email me, even if they're no longer in my class. Then is it unsolicited?

    6. Re:First we need a good definition of spam. by sexconker · · Score: 1

      SPAM is any single unwanted email where the is no obligation for the sender to send it, and no obligation for the recipient to receive it.

      Whether or not something is wanted is often not known until the recipient checks their e-mail.

      In this case, she was specifically told "DO NOT WANT".

    7. Re:First we need a good definition of spam. by ramzafl · · Score: 1

      This is not spam. She was given the position (job) in student government and emailed teachers (co-workers) about an impeding change. How is this considered spam? Them (as teachers) are soliciting to updates about policies by taking the job.

    8. Re:First we need a good definition of spam. by JK_the_Slacker · · Score: 1

      Hey, I just got that email! It's wonderful how you can use exponential growth to get a message out!

      --
      I'm waiting for a "-1 somepeoplejustshouldn'tgetmodprivileges" meta-moderation.
    9. Re:First we need a good definition of spam. by Kanasta · · Score: 1

      So if you invite 21 of your friends to your xmas party, that's spam?

      otoh, I wish my uni would stop sending me spam about scheduled network downtime every week.

    10. Re:First we need a good definition of spam. by Anonymous Coward · · Score: 0

      I think one of the defining characteristics of spam has to be whether it's "on-topic" in a very broad sense. "Unsolicited" and "bulk" are important criteria as well, but they're not enough, IMO.

      Almost all email is unsolicited, after all, and sometimes, when you need to reach a large(r) number of people, you'll have to send it in bulk, too (this is even more true when you define "bulk" as "sent to more than 1 person", as in your last proposal). But in order for it to be spam, it has to be irrelevant as well, at least a priori.

      Emailing university professors about university matters is by definition "on-topic", especially when you're currently a student at the same university, and therefore cannot be spam, even if it's unsolicited and bulk.

  24. That's a pretty wide brush. by maillemaker · · Score: 1

    >So why do so many of us nowadays seem to equate spam with >only 'unsolicited commercial e-mail'? In my mind, spam is any >piece of unwanted bulk mail, whether it is 'commercial' in nature or not. If I, a student at a university, desire to send an email to all faculty and staff at that university concerning university policy, this should not be considered spam, whether the recipients wanted to receive it or not.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:That's a pretty wide brush. by rhsanborn · · Score: 1

      Unless there are policies that say that this isn't allowed. The University has policies for distributing information, and this person ignored those policies. Just because MSU offered email service doesn't mean the individual had a right to use it in any way they wanted to. There are plenty of reasons for such a policy, such as limiting the purpose for email so that professors or students can use it in a defined way. It's the right of the university to impose those restrictions.

    2. Re:That's a pretty wide brush. by Skjellifetti · · Score: 1

      It's the right of the university to impose those restrictions.

      You have completely ignored the complications that this imposes on public institutions. It does not seem as if you even aware that the linked document exists. Perhaps you should educate yourself.

      Requiring the student to obtain approval before the mailing is a form of prior restraint which SCOTUS has said is the most serious and the least tolerable infringement on First Amendment rights (Nebraska Press Association v. Stuart).

    3. Re:That's a pretty wide brush. by rhsanborn · · Score: 1

      You'll note that the court case has absolutely no bearing whatsoever on your argument. The linked case prohibits anyone from disseminating a certain type of information without prior approval. The university DOESN'T restrict students from discussing this issue.

      Further, I think it's disingenuous to assume the university is taking action against this student simply because of the content of her message. I find it equally as likely that they want to avoid students, not from discussing university issues, but from bulk mailing professors for every issue they find relevant.

  25. Not really a free speech issue, but... by dexmachina · · Score: 2, Interesting

    I don't really think it's fair to call this a free speech issue. There are laws against spam in many countries, and we don't call that an attack on free speech. So the only real question here is whether or not what she did was actually considered spamming. From MSU's policy on bulk emailing (linked to in article): "Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients." Since part of the proposal Spencer was speaking against involved shortening the fall semester by two days, I guess that sort of qualifies. However, the policy also says: "Bulk e-mailing may not be used for personal purposes, advertising or solicitations, or political statements or purposes." I think had she simply sent out an email informing faculty of the changes, it would be fine. But the purpose of the email was to solicit support. It's all a little fuzzy, but I think that with a little thought, there isn't much question that her email did violate MSU's terms of use. Profs, especially ones with large classes, have to deal with tonnes of email. I'd probably be annoyed to if someone had harvested my address off a database or website intended to be use for academic purposes, and started sending me mass emails about general student issues.

    1. Re:Not really a free speech issue, but... by cecille · · Score: 1

      I don't know about your university, but where I went, university professors had three components to there job - research, teaching and administrative. Granted, the administrative was something like 10% of the tenure evaluations, so clearly it wasn't the most important, but it was there. Every faculty member sat on the department faculty council, and every department had representatives to senate etc. Prof email addresses are used for every part of their job, not academic alone. They may be annoyed at having to deal with it, but work email was the correct place to send it.

      --
      ...no two people are not on fire.
  26. I've seen worse by NinthAgendaDotCom · · Score: 1

    I was a part-time student worker at my university, doing IT work. One time I saw an email come through that had thousands of students and faculty visible in the To/CC fields. I thought, oh man, whomever sent that is going to be red-faced soon.

    --
    -- http://ninthagenda.com/
    1. Re:I've seen worse by R2.0 · · Score: 1

      At a company I worked for there were many unwritten rules; not unreasonable but not necessarily published. One of them concerned the ALL email group, and that was "don't use it". Common sense would tell you this, but apparently we recruited from colleges where common sense was not widely taught. So June, we'd start getting email for "Looking for a cheap Apartment", and "Couch for Sale". Laughter ensued as we pictured this poor, innocent engineer getting an email from a Senior VP explaining to them the error of their ways.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
  27. Re:This is good news... well not really by tripdizzle · · Score: 1

    Ok, scratch that, I missed the sarcasm in the GP.

    --
    "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  28. University employee spam by Anonymous Coward · · Score: 0

    Mass mailing 391 professors? How about mass mailing 7000 students with everyone CC'ed. The whole email system was down quickly as every new 'reply-to-all' response spawned a new 7Mb mail to 7000 recipients.

    And all this for the secretary to get extra votes for a 'prettiest baby' contest...

  29. Bleah by Quiet_Desperation · · Score: 1

    I was on her side until I saw the email read like political form letter. Yeesh! People really write like that? I thought those were all computer generated or composed by captive serial killers deep in secret prison sub-basements.

    The university really has no choice, in my opinion, but to hang her.

    1. Re:Bleah by ceoyoyo · · Score: 1

      University student government officials ARE serial killers, just not yet captive in secret prison sub-basements. If you hanged them all where would the next generation of political form letter writers come from?

      Geez, think things through before you post. :P

    2. Re:Bleah by Quiet_Desperation · · Score: 1

      Well, OK. Maybe we could breed a few in captivity on an island?

  30. Re:This is good news... well not really by chekk4 · · Score: 1

    Whoosh ...

    Please enable your sarcasm detector.

  31. Acceptable Use Policy by kinthalas · · Score: 2, Informative

    http://lct.msu.edu/guidelines-policies/bulkemail.html

    It's not like it's hard to find or follow.

  32. Student electees are non-office and have no rights by TeknoDragon · · Score: 1

    Unfortunately what we're seeing here is how student government office holders are typically official powerless figureheads meant to keep a lid on direct student action and unrest.

    The MSU Bulk E-Mail policy allows for emailing "information regarding changes of University policies or procedures" but the privilege of exercising these speech rights is reserved to "only by University offices". Student governments are typically not an official university office and have no rights under any of the policies which exempt the first year teaching assistant.

    Even worse, students are officially customers of the university yet constrained by draconian state laws which constrain their behavior as if they were minors in the care of the state and every university staff or faculty member were their guardians.

    I encourage students everywhere to encourage their universities to adopt a "grown-up" student government policy where student office holders are official employees of the state and actually represent the interests of their constituents / the university's customers. Vote with your (or your parent's) dollars: attend schools which respect their customer's rights!

  33. And that was the correct response, too. by maillemaker · · Score: 4, Insightful

    If a "network administrator" told me I could not email all the faculty and staff at a university I was paying to attend concerning a change in university policy that affects everyone, I'd tell them to go piss up a rope, too.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:And that was the correct response, too. by clone53421 · · Score: 2, Insightful

      She wasn't e-mailing them about "a change in university policy that affects everyone". She was e-mailing them about why said change was a Bad Idea(TM), and apparently they didn't care to read her editorial column.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:And that was the correct response, too. by cptdondo · · Score: 1, Flamebait

      I think you hit the nail on the head.

      Students pay to attend university. They are, in fact, paying customers. They are not a resourse to be milked of Daddy's money and told to shut up. Without the students, the university would shut down and the high-falutin' profs would be up shit's creek.

      So let's do this the right way, shall we?

      A business, of which I am a long time established customer to the tune of tens if not hundreds of thousands of dollars, does something I don't like. I send email to every manager of the business that I can find. The IT person calls me and tells me to follow proper channels.

      Now how many of us would say, "Sure, Mr. Geek, I'll follow propoer channels." Or would tell him/her to go fsck him/herself, you are the fscking customer, and someone in management had better pay some fscking attention?

    3. Re:And that was the correct response, too. by RingDev · · Score: 2, Funny

      I believe the appropriate response would have been to politely agree with the netadmin and perform the process he describes.

      Then post on Craiglist for someone to assist in an email distribution test.

      Let someone else run your spam ;)

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    4. Re:And that was the correct response, too. by BorgCopyeditor · · Score: 1

      Can a customer ever rightly be denied access to a place of business?

      --
      Shop as usual. And avoid panic buying.
    5. Re:And that was the correct response, too. by TrekkieGod · · Score: 1

      If a "network administrator" told me I could not email all the faculty and staff at a university I was paying to attend concerning a change in university policy that affects everyone, I'd tell them to go piss up a rope, too.

      I ended up reading the article because the comments were giving me diametrically opposed viewpoints of what's actually going on. Here's how I see it:

      The network administrator didn't say that she couldn't email all the faculty and staff. According to the article and complaint, he informed her of the policy and told her how to obtain proper permissions in order to send the information to the faculty. At which point she "demanded" that charges be filed against her while assuring him that she would continue to bulk e-mail everyone.

      Frankly, I think the contents of her e-mail are well-written and valid, and if she had been actually prevented from voicing her concerns, sending the e-mail anyway would have been a valid method of doing the right thing despite attempts at censorship. However, they didn't prevent her from sending the e-mail, they called her in and informed her of the proper procedure for sending such e-mails. She thought that acting hostile for no reason would give her the publicity of being charged and that this publicity would help her case.

      Well, she's getting exactly the publicity that she wants, which sucks because it ends up validating her acting like an immature child. The bright side is that t also exemplifies the stupidity of prohibiting mass e-mailing the university staff. The proper way of handling internal spam is the same way you handle external spam. Once faculty reports it, the IT department filters it out. Once her dickish move stops working, and her e-mail no longer even reaches the faculty and staff, she'll have to resort to doing it properly.

      Basically, they're both in the wrong. The university for trying to legislate spam control and the student for her attempt to get more people to listen to her plight through a publicity stunt instead of her arguments. Most people are apathetic to her cause and didn't give a shit, so she had to give them a different cause that they would care about. I'm sure she'll graduate and become a wonderful political advisor or fox news reporter.

      --

      Warning: Opinions known to be heavily biased.

    6. Re:And that was the correct response, too. by clone53421 · · Score: 1

      Try walking into a WalMart with a digital camera and see.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  34. We've been foxed! by moniker127 · · Score: 1

    Since when has fox news been worthy of slashdotting?

  35. I have mixed feelings by jesterzog · · Score: 1

    It sounds like the professors are more butthurt she got their email addresses than interested in responding to the concern she expressed.

    I read it and I have mixed feelings because of the possible precedent as much as anything. If she'd sent it to 10,000 professors instead of 391, would it be any different? What if she started sending emails about every other matter that concerned her? Especially if the university and people in it have a culture of not bulk-emailing staff, I might be quite annoyed by this if I was a professor who received it.

    I think what it may come down to is whether the university is acting consistently with how they've acted in the past, or if they're just coming down on her because she's sending emails about something that's contradictory to what they want.

    1. Re:I have mixed feelings by yashachan · · Score: 1

      She could have gone somewhere on campus where she could print for free, printed 391 copies of her email and stuck it under every professor's door.

      I wonder if that would fall within the school's policies. It's the same thing, but using a bunch more resources.

    2. Re:I have mixed feelings by clone53421 · · Score: 1

      I wonder if that would fall within the school's policies. It's the same thing, but using a bunch more resources.

      Actually it probably wouldn't have violated any policies. At my university you were allowed to print 200 pages per week for free (well, 391 would have been too much, but you'd have been charged a fee per page... the print server kept track!), and they didn't mandate that you couldn't use them for personal/political use (like they did with regards to bulk e-mails in this case). Basically I guess my tuition bought a certain amount of paper per week (use it or lose it, of course). They didn't care what I did with it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:I have mixed feelings by yashachan · · Score: 1

      You got 200 pages per week? Nice. My tuition covers $30/semester (at $0.08/B&W page and I hear color is ridiculously expensive, like $0.75/page).

      But I just print in the ECE Undergrad Lab, which is not maintained by my school's IT (maintained by the department), so we have access to a generic student account and the lab's (B&W) printer. It's pretty nice, especially because the lab is closer to my dorm than most campus printers.

      I don't know if my school would care what I did with it. Clubs aren't allowed to do most mass (e)mailings anymore (students complained about emails and the post office complained about students shoving paper back into the post office). There was one kid two years ago who shoved papers under all of the doors in my dorm. I was kind of surprised that Campus Safety didn't try to track him down, as the papers were about how he was a pothead.

      In the case of the MSU student, their email system handles more than 37,000 student accounts. Other than a slight annoyance to the professors, it's not like it would have damaged their email system (and I would think that someone on the student government would have access to contact all professors, regardless of the issue and regardless of whether the school agrees with it).

      Another thing I'm kind of interested about with this MSU thing, is someone quoted the email policy and it said that something like up to 20 to 30 people could be emailed at a time. Would she have broken policy if she'd emailed, say, 15 professors at a time?

      Now I'm just rambling. :D

    4. Re:I have mixed feelings by clone53421 · · Score: 1

      You got 200 pages per week? Nice. My tuition covers $30/semester (at $0.08/B&W page and I hear color is ridiculously expensive, like $0.75/page).

      But I just print in the ECE Undergrad Lab, which is not maintained by my school's IT (maintained by the department), so we have access to a generic student account and the lab's (B&W) printer. It's pretty nice, especially because the lab is closer to my dorm than most campus printers.

      Actually now I'm thinking it was 300 sheets. More precisely, it was 300 sheets of B&W or 150 sheets of colour (and the ECE labs had some pretty nice colour printers, I must say). Some of the black-and-white printers had built-in duplexing, too, so you could print 600 pages in those if you printed double-sided (i.e. you still got 300 sheets of paper).

      Course, you could always grab a few blank sheets from the paper tray to use for homework or scratch paper, and those wouldn't be counted, but we figured nobody used all of their 300 pages so the college came out ahead in the end anyway. ;)

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    5. Re:I have mixed feelings by yashachan · · Score: 1

      Aww, our ECE lab doesn't have a color printer (not that I've ever actually needed to print in color). Our B&W printer does duplex, though. I rarely use it 'cause, I dunno, I don't like how it looks (I can get kinda obsessive about presentation sometimes...).

      Pretty sure my school comes out ahead on our printer balance, too. I have $18 or $19 left and classes ended last Friday.

    6. Re:I have mixed feelings by clone53421 · · Score: 1

      Ours printed in beautiful colour... I know this because I printed out some renders from a 3D programme I'd developed over the years (not at all school related, I should add... but then, like I said, they didn't care what we printed :). Maybe when I get home I'll link you to some of them.

      Basically it was a surface defined as a Z(x,y) and a colour(x,y). I was limited to a 16-colour palette on the display, but I made the program render to 32-bit Windows BMP files instead and they looked pretty neat. The lighting physics probably weren't correct, but I did implement a light source (which could be coloured), reflectiveness of the surface, and 'glow' (where x% of the surface's colour was added to (100-x)% of the product representing the lighting of the surface... i.e. angle factor times light source colour times surface colour). I wished I could have implemented shadowing, but I didn't really care to figure out the math to do ray-tracing for that...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    7. Re:I have mixed feelings by clone53421 · · Score: 1

      Ok, here are some of the images I made... I started simple and got kind of fancy as ideas hit...

      Basic, single-colour surfaces (sums of several exponential decay functions):
        1
        2
        3 (just for kicks I made the polygons large enough to see)
        4
        5 (exponentially decaying 2D cosine function)

      Playing with some lighting/reflective effects I added:
        1
        2
        3

      Simulated texture by adding noise to the colour (still only a static colour for the surface, though):
        1
        2
        3

      2D cosine again but with variable colour(x,y):
        1
        2

      Another variable colour, this time as a function of z:
        1
        2
        3
        4
        5

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  36. Re:This is good news... well not really by clone53421 · · Score: 1

    School policy explicitly prohibited using mass mailers for personal or political reasons.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  37. Right to Email by sexconker · · Score: 0, Flamebait

    There is no right to email.
    She signed the acceptable use policy, and then did things that she was specifically told not to do.

    She fails. She should be punished according to the guidelines set forth in the policy. Likely, this includes suspension/removal of her email accounts and privileges and a suspension. It could also include complete removal of access to the campus network if they wanted to be dicks.

    Her email is about the fall welcome week. This is the week/few days you get between when the campus opens up (and freshman enter the dorms) and when classes start. The university (like many others) has proposed changes to shorten the week.

    As a member of the student government, this girl most likely lives on campus (in the dorms), or is shilling for people that do. The real issue here is that the kiddies want more time to go out and party before classes start. They don't want to get to know the campus, they don't want to get to know the community. They want booze and drugs and sex, especially the freshman, many of whom will be living away from their parents for the first time.

    College. The same drama from the same annoying kids. Grow up.

    1. Re:Right to Email by merreborn · · Score: 1

      There is no right to email.

      Her tuition goes to pay the staff in question. Part of faculty's job description includes communicating with students.

      I think it would be a bit of a stretch to claim that she has no right to email the faculty.

    2. Re:Right to Email by sexconker · · Score: 1

      It doesn't matter what her tuition goes to pay for.

      Part of faculty's job description includes communicating with students? Show me where it says that. It's not even like she was communicating with her professors - she spammed them all.

      She violated the acceptable use policy.
      Email access, and network access in general, is a privilege, not a right. As is attending the university.

      She has as much right to spam all the faculty as does some guy in Kansas or some old lady in Russia. Attending a public university does not grant you special free speech bonus points when communicating with people inside the university.

      If you want to play the free speech card AND defend her, then we should all have the same rights to spam the professors. Indeed, their information, including their salaries is required to be public.

      (I work at the University of California)

    3. Re:Right to Email by clone53421 · · Score: 1

      Part of faculty's job description includes teaching students.

      Fixed that for you. Note that "teaching" requires two-way communication only when requested by the teacher (assignment or report) or when something communicated teacher-to-student was not understood. Discussion of school policy isn't really included.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  38. More on the MSU 'spammer' by BStewart · · Score: 3, Interesting

    We here at the Foundation for Individual Rights in Education (FIRE) appreciate the widespread interest in Kara Spencer's case. I would encourage everyone to check out another article on this case over at The Huffington Post: http://www.huffingtonpost.com/greg-lukianoff/its-raining-spam-at-michi_b_149378.html There is also a podcast interview with Kara Spencer on our website that might be of interest to some of you who wanted more details of the case: http://www.thefire.org/index.php/article/10008.html

    1. Re:More on the MSU 'spammer' by sexconker · · Score: 0, Flamebait

      No.

      The bitch has gotten enough attention.
      She wants the support of students, especially freshman (because she's in the student government). Her tactic is to get her name out there as the girl who tried to extend/preserve the "welcome week" (when the dorms and campus open up, and students get to party and not go to class).

      She was told she was in violation of policy, she was told the proper way to do things, and she refused. She stated she would continue to violate policy, and she demanded to be charged for it.

      If someone acted like that on my network, they would get the permanent boot, and I would take legal action.

      I can't believe I share an initial and last name with you.

    2. Re:More on the MSU 'spammer' by snspdaarf · · Score: 1

      No, thanks. The last thing I would ever do is voluntarily is, go to The Huffington Post.

      Ok, that's not strictly true. Tubgirl, goatse, and the like are tied for the last place, but THP is not that far away.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    3. Re:More on the MSU 'spammer' by Anonymous Coward · · Score: 0

      You are a total arsehole arent you?

      Go away, and leave the adults to grown up conversation

    4. Re:More on the MSU 'spammer' by Anonymous Coward · · Score: 0

      Word on the street is that "FIRE" is mostly about trying to get mean stupid people all fired up to hate "intellectuals" - particularly anyone smart enough to realize that the Iraq war was a ghastly mistake.

      If FIRE is actually serious about the issue, rather than just trying to drum up the hate, I'd like to see FIRE come up with a proposal for the "right way" for a university to place limits on student spam. Or does FIRE think that students should be allowed to send any amount of bulk email whatsoever to anyone and everyone in the university system?

      I mean, if the girl had been raising awareness about all the innocent people tortured to death by the US military in recent years then I'd say, sure, it's a matter of life and death: let the girl speak (or email, as the case may be). But some stupid dispute about the university schedule? I mean, is this really where we draw the line in the sand?

  39. I read the Acceptible Use Policy et al... by Anonymous Coward · · Score: 0

    ..and nowhere did I see the process by which a user could submit mail to be sent to faculty/staff, NOR did I read anywhere that a student could not do as the student did. Perhaps it's in the student handbook, but in an age where HR is trying to make everything digital, you'd think those policies would be listed. Even a cursory glance through MSU's IT page didn't shed any light on the policy.

    1. Re:I read the Acceptible Use Policy et al... by clone53421 · · Score: 1

      It explicitly prohibited mass mailings for "personal" or "political" purposes.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  40. Re:FIRST PS TO by Anonymous Coward · · Score: 0

    Phail

  41. It was a fine letter. by maillemaker · · Score: 1

    >Given the lazy, unthoughtful way she went about this, I also don't consider this anything >more than a waste of everbody's time. Sending what amounts to a bulk form letter via email isn't going to influence anyone. I read the email from TFA. It was thoughtfully and carefully worded, polite, and articulate. It was a professional email concerning a policy change that would affect all faculty and students. It was quite appropriate. It MAY BE a waste of time, but only because of the apathy of the people she informed about the policy change, not because she was wrong in her message or even how she went about it.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:It was a fine letter. by clone53421 · · Score: 1

      It wasn't the right avenue to make her dissent known via, and when she was informed of this fact she apparently didn't care.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  42. MSU Overreaction by TechWolfy · · Score: 1

    ATS (Academic Technology Services) at MSU may have policies, such as approving bulk emails, and as such, once the student representative became aware of procedures necessary to approve a large emailing, she should not continue to claim ignorance, but ask what she needs to do at this point. ATS needs to better define spam on their part. The email is well constructed and is legitimately asking for an opinion to whether or not the academic calendar should be changed. This is an issue that affects students, staff and the surrounding community. MSU has overreacted to this incident, and as I understand it the general reaction from staff was positive and an inquiry for more information on the issue.

    --
    TechWolfy A_A o O U
    1. Re:MSU Overreaction by sexconker · · Score: 1

      She didn't claim ignorance.
      She was informed of, and refused to comply with, proper procedures.
      She stated she would continue to violate the policy, and demanded that she be charged for it.

    2. Re:MSU Overreaction by Anonymous Coward · · Score: 0

      Actually, she didn't refuse to comply and I didn't demand to be charged. Read the articles, ask questions. Just because Mr. Hall said it, doesn't make it true...

    3. Re:MSU Overreaction by Anonymous Coward · · Score: 0

      Actually, "I"

  43. Re:This is good news... well not really by tripdizzle · · Score: 1

    Kind of a grey area here. Although this could be considered "political", its is also her duty per her position with student council. Seems like a case that would set precedent for this university.

    --
    "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  44. Call the waaaaamulance. by maillemaker · · Score: 4, Interesting

    >Unless there are policies that say that this isn't allowed. The University has policies for distributing information, and this person ignored those policies.

    Well no shit, sherlock. Of course the University is going to try and control the flow of information concerning unpopular policy changes.

    Such attempts at control SHOULD BE ignored and thwarted.

    The university was trying to pull a fast policy change. This girl alerted everyone to it using the most efficient, straight-forward technique available. I don't care if the university "has policies" for damage contro....er for distributing information. What she did was right.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:Call the waaaaamulance. by clone53421 · · Score: 1

      Well no shit, sherlock. Of course the University is going to try and control the flow of information concerning unpopular policy changes.

      Such attempts at control SHOULD BE ignored and thwarted.

      Ok, but "ignored and thwarted" means now she'll have to win in court against clearly defined policies that prohibited what she did. When you're trying to beat the system, at least make sure you're able to win.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Call the waaaaamulance. by ArbitraryDescriptor · · Score: 1

      The university was trying to pull a fast policy change. This girl alerted everyone to it using the most efficient, straight-forward technique available.

      Alerted who? The faculty? I think they were aware.

  45. Another wrong boarder of the free speech bandwagon by 101010_or_0x2A · · Score: 0

    It seems like you can try to get away with anything these days by citing free speech violations. No-one doubts her right to say the things she said, they seemed logical, to the point, and valid. The university is taking issue with the WAY she said them, not WHAT she said. Should all spammers be let off the hook, if they have a right to free speech? The FIRE organization should rethink their defense of the person, instead figure out why she refused to comply with the policies of MSU, and hope to show that the university overreacted with their punitive actions.

  46. Re:This is good news... well not really by clone53421 · · Score: 1

    Even so, there are more appropriate avenues (campus newspaper, bulletin boards, etc.) for that sort of speech. Mass-mailing professors was definitely not a smart idea.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  47. Give her "probabation" by cowdung · · Score: 1

    "Sentence" her to a severe punishment (loss of network priviledges for 1 semester) but don't enact on it.. Put her on probation. If she does it again.. punish.

    Send out a clear message that this was unacceptable, and adjust the policy to make that clear (so there are no copy cats). But the case was a bit borderline, so I think suspension or expulsion is too harsh for the crime.

    She should have been nicer to the net admin though.

  48. Tough to judge by tekiegreg · · Score: 1

    Admittedly this is a different issue than the Spam we all know and love. As it is relevant to university interests and fails certanily the "commercial" aspect of the unsolicited commercial email challenge. One can argue that it is solicited as well as professors may implicitly agree to receive email from anyone in the university on a potentially relevant matter to them, such as the time the students get to know the university before they face the professors.

    However it is disruptive and annoying like most Spam. Especially if done en masse. The student needed to consider the ethical and moral issues behind what she did and failed to do so.

    Maybe the answer to this is to just refrain from any tangible punishment by the university. Chances are this student will now be embarassed in front of many of these professors and will get ostracized accordingly. Would you want to take a class from a professor who's inbox you've been disrupting after all? Let this student just suffer her own punishment from society now.

    --
    ...in bed
    1. Re:Tough to judge by justinlee37 · · Score: 1

      However it is disruptive and annoying like most Spam. Especially if done en masse. The student needed to consider the ethical and moral issues behind what she did and failed to do so.

      I'm sorry, "moral and ethical issues?" Aren't you taking this just a little too seriously?

    2. Re:Tough to judge by sexconker · · Score: 1

      The student needed to consider the ethical and moral issues behind what she did and failed to do so.

      No, she needs to listen to instructions when they are presented. She needs to obtain proper permissions, as she was instructed to do. She needs to NOT violate the policy, as she was instructed not to. She needs to NOT state that she will continue to violate the policy. She needs to NOT demand to be charged for violation of the policy.

    3. Re:Tough to judge by tekiegreg · · Score: 1

      My bad, I do need to RTFA a little closer. So yeah then she's in a heap of trouble. I still wonder whether it's enough punishment to let her be ostracized anyways by the professors though. Perhaps just refuse formal punishement on the grounds that she's gonna suffer enough already? Then again that argument has never held up well in court :-p

      --
      ...in bed
    4. Re:Tough to judge by sexconker · · Score: 1

      Oh, she won't be punished.

  49. She didn't even use a campus account by theneilcave · · Score: 1

    It troubles me that his action is taken when the email didn't originate from a campus account- it came from her Gmail account. I might have missed it in the complaint, but if she didn't send it from a computer on the university's network, and didn't use a university address to mail it, aren't they completely wrong?

    1. Re:She didn't even use a campus account by Culture20 · · Score: 1

      if she didn't send it from a computer on the university's network, and didn't use a university address to mail it, aren't they completely wrong?

      Bulk email them and find out.

      A more serious response: MSU is probably doing what many universities are doing now; restricting university accounts to employees and helping students sign up for a free email service through Google or Microsoft (if they don't already have one). It's a terrible setup for the students and faculty alike since they don't have as clear assurances of who the students are - nnew.Account_8357@gmail.example.com

    2. Re:She didn't even use a campus account by clone53421 · · Score: 1

      Even if she wasn't using one of their physical computers, she was still loading their network resources.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:She didn't even use a campus account by sexconker · · Score: 1

      Nope.
      It's distributed through the campus email servers.
      She was told not to do it, and was told how to get permission to do it.
      She refused to listen, and stated she would do it, and continue to do it. She also demanded that she be charged with violation of the policy.

      She's a bitch who wants attention. She hopes to cause enough shit to make the campus extend the welcome week, so she and the freshman will get more time to party. She's doing this as publicly as possible because she wants the students (the incoming freshman specifically) to know her name and vote for her (she's in the student government).

  50. I would *love* an MSU policy at my employer . . . by PolygamousRanchKid+ · · Score: 1

    . . . I receive absolute *zero* external spam. Our IT department seems to be top notch at that.

    All the spam I receive is from internal sources. Some you can "op-out" on. Some you can't. I block those. But it sometimes seems to be a hopeless "Whack-A-Mole" game, as soon as I block one, someone else turns up.

    If these folks were forced to justify spamming the whole damn company, maybe I would get less company internal spam.

    Unfortunately, there probably is an process for this already, and all these spammers have justified their spamming.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  51. Re:Student electees are non-office and have no rig by clone53421 · · Score: 1

    The MSU Bulk E-Mail policy allows for emailing "information regarding changes of University policies or procedures" but the privilege of exercising these speech rights is reserved to "only by University offices". Student governments are typically not an official university office and have no rights under any of the policies which exempt the first year teaching assistant.

    She wasn't even sending "information regarding changes of University policies or procedures". She was sending her personal opinion as to why the official University decision was bad, and it's not surprising that it got her in trouble. That's what campus newspapers, bulletin boards, etc. are for... you don't just bulk mail it to the professors.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  52. Suspension by zorkerz · · Score: 1

    She might get suspended in University? What does that entail? If she lives on campus would she have to leave for the suspension?

    1. Re:Suspension by PolygamousRanchKid+ · · Score: 1

      No, it's the David Blaine sort of suspension: http://php.terra.com/english/gallery/lifestyle/gallery.php?gallery=10502

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  53. That's stupid. by Anonymous Coward · · Score: 5, Insightful

    I'm really sick of replies like this:

    Civil disobedience is fine, IMO. Have at it, but don't come blubbering when Mr. Consequence arrives to the party.

    This is a canned comment that tools make on any given story about someone standing up to establishment stupidity. This is the same attitude that southerners commonly took towards blacks protesting fucked up laws. Now, I'm not saying that her cause is anywhere near the same level of fighting jim crow and southern racism in general, BUT, if you look at how civil disobediance in the south(and elsewhere) actually works, you'll see that the "blubbering" about the consquences IS PART OF IT. THAT'S HOW CHANGE IS ACHIEVED AGAINST STUPID POLICIES.

    You have to not only disobey stupid policies, but then you have to whine bitch and moan about the consequences it if you want them changed and if you want a just resolution. THAT'S PART OF THE PROCESS OF CIVIL DISOBEDIANCE. You don't do that last part, you end up a door mat of the system, rather than someone who forces it to change.

    1. Re:That's stupid. by Anonymous Coward · · Score: 1, Informative

      How is that insightful?

      Martin Luther King Jr. wrote in his Letter from Birmingham Jail that "One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty."

      I've never heard him called blubbering, and he didn't "whine bitch and moan about the consequences" either.

      Judging from civil rights history, I'd say the guy knew what he was talking about.

    2. Re:That's stupid. by Anonymous Coward · · Score: 1, Insightful

      I've never heard him called blubbering, and he didn't "whine bitch and moan about the consequences" either.

      One person's whining, bitching and moaning is another person's insprirational speech. Segregationists would have called him a whiner among other things.

    3. Re:That's stupid. by Anonymous Coward · · Score: 0

      southern racism

      Racism is hardly limited to, or even strongest in, the South.

  54. It happens by roland_mai · · Score: 1

    This happens when the college hires too many dumb IT people, who have a stick up their ass.

  55. Let me introduce you to the BOFH by jgtg32a · · Score: 1
  56. Re:This is good news... well not really by tripdizzle · · Score: 1

    It may have been more appropriate to go that route, but I still see no reason to suspend a student without a history of issues for this one email. I don't understand how this could have caused such as huge problem that warrants this result. Sounds to me like some asshole flexing his muscles to create some news.

    --
    "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  57. All colleges and universities send out mass emails by Anonymous Coward · · Score: 0

    I'm a grad student at a university with about 15,000 students, maybe 2,500 professors, and quite a large staff. Committees, clubs, SGA, faculty senate, advisers, et cetera, at my school all send out mass emails, as do individuals associated with almost every organization and department on campus. I probably delete twenty such emails every day. It seems to me (I read the article) that the university in this case is abusing their policies to take unnecessary punitive action against this student.

  58. The Prof's email Katherine L. Gross by Anonymous Coward · · Score: 0

    Here is the email information for the Prof that was upset for getting the email.

    Katherine L. Gross
    Professor
    kgross@msu.edu
    (W.K. Kellogg Biological Station, MSU)

    FYI
    Just in case she likes different kinds of emails instead. ;-)

  59. How did she get the email address? by Anonymous Coward · · Score: 0

    I think the question may be did she find each professors email address and type them in individually, or did she use a listserv that she had access to as being part of the student government and use it to send out her own personal thoughts. I can see problems with individuals using university property for their own personal use and refusing to stop.

  60. My kingdom for a mod point by markdowling · · Score: 1

    Now that I've posted, my kingdom for a change in Slashdot post/no mod rules :)

  61. Re:Student electees are non-office and have no rig by TeknoDragon · · Score: 1

    That speaks directly to my point. She isn't just some outspoken brat... she is an elected student representative who has been given no power to actually accomplish the goals of her office.

  62. fanning the fires of the original issue by kyliaar · · Score: 1

    It seems she clearly ignored the policies on sending out mass emails to the faculty. She even stated that she would not discontinue her actions.

    She is clearly fighting a political fight of protest where her entire intent is to get as many eyeballs on her grievance as possible.

    It isn't so much as an issue of free speech. She isn't being censored for her opinions. She is being reprimanded for a breach of use in computer systems. What she has done quite successfully is gotten a much larger audience on the original issue than would care otherwise.

  63. MSU Student Newspaper Link to Topic by Anonymous Coward · · Score: 2, Informative

    The MSU Student newspaper has a more interesting take on this then the Fox News one. It looks more like she pissed someone off something horrible.
    From the State News:

    "Of the 391 e-mails Spencer sent, Spencer said she didn't receive any negative responses. All responses asked for more information regarding Provost Kim Wilcox's Welcome Week proposal."

    "Dr. Katherine Gross, director of the Kellogg Biological Station, initially approached ATS in September with concerns as to how Spencer had e-mailed what she believed was the deans, directors and chairs list. Hall said that response led to ATS approaching Spencer."

  64. It is Michigan STATE, after all. by MarkvW · · Score: 1

    Such a blatant abuse of a student would not happen at the University of Michigan, I'm sure!

  65. Re:All colleges and universities send out mass ema by clone53421 · · Score: 1

    Your anecdotal example is irrelevant unless it's also typical of Michigan State U. "Everyone else breaks the policy too" is some semblance of a defence; "school X doesn't have this policy" isn't.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  66. Re:That brings up an interesting question...1984sh by HungryHobo · · Score: 1, Offtopic

    You're right!

    For centuries everyone knew what "marriage" meant, and what it didn't mean.
    For centuries everyone knew marriage was simply a union between 2 people.

    Then bigots twisted the meaning of the word to prevent people who love each other from getting married!

    http://www.drizzle.com/~slmndr/salamandir/pubs/irishtimes/opt3.htm

    http://www.irishtimes.com/newspaper/features/1998/0811/98081100088.html

    Look to history! The church used to give their blessing to gays!

    Now to point out that this is way way way off topic and we should both be modded down to get this drivel off the page.

  67. spamming the spammers by gomatt · · Score: 4, Funny

    i get mass emails from students all the time at my school, i just IP relay spam their cell phones and sign their emails up for weather updates every 5 min.

  68. Jump fast by Anonymous Coward · · Score: 0

    Hard to say what really happened but I think it is safe for us all to jump to wild conclusions.

  69. Re:Student electees are non-office and have no rig by clone53421 · · Score: 1

    I bet the student newspaper would have been happy to run a column by a student council member.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  70. Re:This is good news... well not really by clone53421 · · Score: 1

    It may have been more appropriate to go that route, but I still see no reason to suspend a student without a history of issues for this one email.

    Well, she sort of demanded they take action when she told them she'd continue the behavior after they told her to stop.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  71. Re:That brings up an interesting question...1984sh by coolsnowmen · · Score: 1

    Is this an intentional troll? Some words in the english language have changed over time. If you dislike it, I'm sorry. But, if you just disagree, then you would be wrong.

    Complaining about gay marriage, is pretty far off topic here. Screaming 1984, hah, you might as well a say "hitler did that too" for all the lack of anything interesting you have to say.

    And your final sentence shows how much you just don't get it. English, unlike some other languages, has no governing body which dictates what words exist in it, and what words mean exactly. While it makes it kind of existential, I would rather have it that way than have a government body telling me what they mean. In fact, I bet you do too. New words come and go ESPECIALLY slang and words relating to new commerce and trademarks.

    Or, do you really wish that spam email had to include descriptions or pictures of precooked ham ( made common around WW2 I believe )?

  72. Test for spam by Lord+Bitman · · Score: 1

    1) Was the mailing unsolicited?
    2) Was the mailing made to a set of people, whose individual identities [ie: not simply their being in that set] were unimportant to the main content of the message?
    3) Is the message intended to encourage the recipient to do something? (including non-tangible things such as having a certain opinion)

    Congratulations! It's spam.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
    1. Re:Test for spam by ramzafl · · Score: 1

      "Kara Spencer notified the group that she would be sending her own version of the group's response as "an informational email" to faculty members she believed would be concerned about this issue. None of the administrators involved in the discussion complained about this plan."

    2. Re:Test for spam by argent · · Score: 1

      They probably didn't expect 400 messages.

    3. Re:Test for spam by ceoyoyo · · Score: 1

      Faculty members concerned about the issue rarely means "all of them."

    4. Re:Test for spam by ramzafl · · Score: 1

      "Spencer then carefully selected 391 faculty members out of MSU's approximately 4,500 faculty and e-mailed them her version of the committee's letter." 391/

  73. Re:That brings up an interesting question...1984sh by Anonymous Coward · · Score: 0

    +1, Unintentionally Ironic

    Newspeak was the faceless government's language. They controlled the meaning of words in such an arbitrary way that they could be used to mean the exact opposite of their original meanings. They controlled the meaning of the words to suit their agenda.

    Now, under the guise of arguing against it, you are advocating for that same system of control to suit your own agenda. You want "marriage" to mean what you want it to mean to suit your agenda.

  74. Re:Student electees are non-office and have no rig by compro01 · · Score: 1

    AFAICT from TFA, none of the professors who received the email had a problem with it, several emailed her back asking for more information. It seems to be one particular person (the director of IT) that is getting his underpants in a knot because it didn't go through his list server and thus his authority.

    --
    upon the advice of my lawyer, i have no sig at this time
  75. Re:That brings up an interesting question...1984sh by SanityInAnarchy · · Score: 1

    Couldn't have put it better than HungryHobo, though I'd be perfectly content to let people debate the meaning of "marriage" -- provided we remove it from the law.

    The current "debate" shifts between legal, semantic, and religious issues so fast you get mental whiplash if you're paying attention. Just call it a "civil union" in the law, and let people define "marriage" however they like.

    Actually, I was replying for another reason:

    Maybe we should not let words be quite so "fluid". After all, he who controls the definitions of the words controls society itself.

    In this case, it's the masses who control the definitions of words -- particularly slang like "spam".

    And since it's the masses that constitute "society itself", I don't see what your point is.

    --
    Don't thank God, thank a doctor!
  76. Wrong. by maillemaker · · Score: 3, Informative

    Whatever her opinion on the matter was, she WAS emailing the faculty about a change in university policy that affects everyone.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
  77. Who's to say? by maillemaker · · Score: 1

    >It wasn't the right avenue to make her dissent known via, and when she was informed of this fact she apparently didn't care.

    I'm sure _the_university_ didn't think it was the right avenue, but you know what? I wouldn't care, either. "The University" isn't going to like anyone doing an end-around on their policy decisions. Tough shit. More power to her.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
  78. Tell the prof that turned her in how you feel by Anonymous Coward · · Score: 0

    If the professor that reported her thought receiving one bulk email from a student was bad, wait til she feels the wrath of /.

    Tell Katherine Gross how you feel about SPAM
    grossk@kbs.msu.edu

  79. So many issues with this!!! by mlwmohawk · · Score: 1

    The U.S.A. is going to shit. Period, end of sentence. This "zero tolerance" "get tough on [insert noun/verb]" is rediculous.

    This has NEVER been a nation of laws and rules, this has historically been a nation of rule breakers.

    We have all lost a sense of proportion and reason. Everyone wants everyone else screwed to the wall for the merest infraction. Everyone has become selfish and can no longer tolerate anyone else's exercise of their freedoms if it means the slightest inconvenience or offense.

    Sorry everyone, this is not America. The U.S.A. of my youth was an in-your-face nation that depended on strength and a thick skin. Now the crybabies want a nice perfect little safe and oppressive police state.

    People would rather feel save in a police state than enjoy the fruits of liberty and the risks that come with it.

    Its a few fucking emails. Get the hell over it. Does anyone know what that suspension will cost this person in REAL dollars in tuition?

    1. Re:So many issues with this!!! by ceoyoyo · · Score: 1

      I don't see where you got zero tolerance from. The IT guy told her she went about it the wrong way and suggested how she might get her message out properly. She told him she'd do whatever she wanted, would definitely send more messages, and dared him to charge her. So he did.

  80. And maybe she will. by maillemaker · · Score: 1

    >Ok, but "ignored and thwarted" means now she'll have to win in court against
    >clearly defined policies that prohibited what she did. When you're trying to
    >beat the system, at least make sure you're able to win.

    If the policies in place are immoral, the moral thing to do is challenge the policies. This is what she did.

    And if you beat her down for this you know what will happen?

    Next time the email will simply be sent anonymously.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:And maybe she will. by clone53421 · · Score: 1

      Look, I'm not commenting on whether the policies are moral or not. Yes, sending the e-mail anonymously would have perhaps avoided this problem, but that was essentially my point when I said "When you're trying to beat the system, at least make sure you're able to win".

      Besides which, personal e-mail is not the avenue of communication when one is dissenting with policies. The school newspaper would have been a much wiser choice, particularly after the netadmin told her she wasn't allowed to send bulk mailers like that.

      FYI: You should try using <quote></quote>.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:And maybe she will. by himurabattousai · · Score: 1

      Besides which, personal e-mail is not the avenue of communication when one is dissenting with policies. The school newspaper would have been a much wiser choice, particularly after the netadmin told her she wasn't allowed to send bulk mailers like that.

      You do realize that the school newspaper is also controlled by the schoo, right? What's to keep the school from deciding that her dissents weren't up the the journalistic standards of the newspaper. Personal emails to professors who may actually be able to bring her dissent to the faculty as a whole is a much more effective way of getting the word out, especially since that is her job as member of the student government.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    3. Re:And maybe she will. by Anonymous Coward · · Score: 0

      Um, school newspapers (not the official university newsletters/newspapers, which are usually weeklies, but the daily papers that everyone actually reads) are most certainly NOT "controlled by the school". No idea where you came up with that...

    4. Re:And maybe she will. by clone53421 · · Score: 1

      You do realize that the school newspaper is also controlled by the schoo, right?

      No, as the person above said, it's usually run by students, some of whom would surely have been open to her idea of "arrive sooner, party longer".

      Personal emails to professors who may actually be able to bring her dissent to the faculty as a whole is a much more effective way of getting the word out, especially since that is her job as member of the student government.

      Personal e-mails, yes. An e-mail with ~400 primary recipients isn't personal, it's bulk.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  81. Let the sysadmin be angry, then. by namespan · · Score: 1

    The compliant makes it sound like she was in a pissing contest with the network administrator. Not a good person to piss off if you want to send email.

    How pissed off the sysadmin should be completely irrelevant to the situation. Yes, he can and should exercise some discretion in execution of policy, but it's either reasonable application of real policy or it's personal retaliation.

    And If personal retaliation is the rule for disputes, then I'm sure some enterprising recipient is more than capable of thinking up some effective and fun ways of their own to play that game. Maybe this student is one of them.

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  82. Grafitti? by Roger+W+Moore · · Score: 2, Interesting

    So are laws banning grafitti unconstitutional too in the US because they restrict a person right to free speech? I did not realize that freedom of speech meant that you had the right to use other people's property in a way they have expressly asked you not to, in order to get your message across.

    1. Re:Grafitti? by himurabattousai · · Score: 1

      You have confused two different issues. It is a common mistake when the speech and the media are so intertwined, but graffiti that involves no message at all is still illegal. Laws banning graffiti are not enacted against the speech that graffiti conveys. They are enacted against the method in which it is delivered: the defacement of another's property.

      Vandalism != free speech.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    2. Re:Grafitti? by Roger+W+Moore · · Score: 1

      But this the case here. They have rules banning mass mailings not against communicating with the faculty i.e. the method of delivery not the act of delivery. Also I've never heard of laws against graffiti making an exception for political messages. Whether you scrawl a picture or a political message it is still illegal.

  83. It was not a university account/resource by Anonymous Coward · · Score: 0

    Did anyone notice she was *not* sending the emails from a University account, she was using GMAIL. So if I understand this correctly the University is taking the position that they can institute a policy on how student can use a non-university account.

    1. Re:It was not a university account/resource by clone53421 · · Score: 1

      The gMail account wasn't, but the profs' accounts were, and their bandwidth/storage was used to transfer and store the message.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  84. I for one... by Anonymous Coward · · Score: 0

    I for one welcome our new university professor listserve overlords.

  85. The First Amendment by VGPowerlord · · Score: 1

    Since there are a lot of people jumping on the "this is a violation of free speech!" bandwagon, I'm taking the time to remind everyone what the first amendment says:

    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.

    Public universities are not part of Congress.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    1. Re:The First Amendment by Microlith · · Score: 1

      They are not a part of Congress but they tend to be operated under the auspices of the government of the state in which they reside.

      And ALL government agencies and institutions on the state AND federal level are bound by the constitution. If you want to go to a school where they can arbitrarily silence you, go to a private university and pay more for the privilege.

  86. Someone's going to get raped (legally) at MU... by Marful · · Score: 1
    From MU Bulk Emailing Guidelines...

    1. Prohibited uses. Bulk e-mailing may not be used for personal purposes, advertising or solicitations, or political statements or purposes.

    2. Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients. Such permitted uses include:
    a. Dissemination of urgent information of health and safety concern for students and University employees.
    b. Communication of information regarding changes of University policies or procedures, or actions that affect employment or compensation status, or status as a student.
    c. Regular communications (for example, to University employees) that are required by law, regulation or University policy for which bulk e-mail may largely replace paper transmittal.

    Clearly the intended use was within school guidelines as the student's email is directly covered by exception 2(b) of the School's own bulk emailing policy.

    Looks to me like the IT director got butt-hurt for being brushed off and now is flexing his e-peen.

    1. Re:Someone's going to get raped (legally) at MU... by clone53421 · · Score: 1

      Exception 2(b) is only directly covered as permitted by 2:

      Bulk e-mailing may be used only by University offices

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Someone's going to get raped (legally) at MU... by argent · · Score: 1

      the student's email is directly covered by exception 2(b) of the School's own bulk emailing policy

      ORLY?

      2. Permitted uses for broad cross-University mailing. Bulk e-mailing may be used only by University offices to send communications necessary to the normal course of business and which typically require some official action be taken individually by recipients. Such permitted uses include:

    3. Re:Someone's going to get raped (legally) at MU... by Marful · · Score: 1

      Ah damn, I missed that part!

      It still wasn't "Bulk" though.

    4. Re:Someone's going to get raped (legally) at MU... by clone53421 · · Score: 1

      It still wasn't "Bulk" though.

      How do you figure?

      "Bulk e-mail" in this context means the transmission of an e-mail message within a short time frame to more than a small set of recipients who may not have elected voluntarily to receive the e-mail. "Short time frame" means an interval spanning as long as 2 days. "Small set of recipients" means the size of individual-recipient address lists (To, CC, BCC fields) typical of most e-mails in common use, ranging from 1, to a few, to as many as may be involved in a large committee or work group (~20-30).

      The e-mail was sent to far more than ~20-30 recipients in a single shot. It definitely falls under "bulk".

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  87. Was it spam? Yes. Should she be suspended? No. by argent · · Score: 1

    400 messages is fairly small for a spam run these days, but it's definitely enough that it qualifies as "bulk".

    Should she be suspended? No, I don't think so. It doesn't sound like she realized that 400 messages was unreasonable.

    1. Re:Was it spam? Yes. Should she be suspended? No. by ceoyoyo · · Score: 1

      Sure she did. Read what she did when the IT guy told her it was against policy and showed her how to do it correctly. She told him she'd definitely do the same thing again and demanded he charge her.

      The headline, the summary and even the article do paint a kind of one-sided picture. When you read the linked documents it's a little less clear. If you've been on the receiving end of the irrelevant political rants university students are apt to spew out to large campus mailing lists you have a lot less sympathy for her.

    2. Re:Was it spam? Yes. Should she be suspended? No. by argent · · Score: 1

      Read what she did when the IT guy told her it was against policy and showed her how to do it correctly. She told him she'd definitely do the same thing again and demanded he charge her.

      OK, that's literally "asking for it".

  88. Anonymous Coward by Anonymous Coward · · Score: 0

    It's interesting to note how much the university's aup resembles most private ISP aups. They obviously didn't spend much time considering the difference between a publicly funded university network and a privately funded one. It would seem to me that there is a case to be made here for a much more lenient enforcement policy on issues like this in a publicly funded network. Of course that would be the reasonable thing and it doesn't sound like reason is being exercised here.

  89. Not surprised by Anonymous Coward · · Score: 0

    When I was a student at MSU in the late 90's, it was obvious that the university could care less about the students if you were not an athlete. The whole place is tailored towards athletics. Why spend money on student programs? Let's just build a gigantic athletic center with an indoor football field and a gigantic gym for the football players.

    It has been 10 years now. I have not been back to campus once. And they have exactly zero chance of ever getting a penny out of me. You're just a number there.

    Signed, A22793892.

    1. Re:Not surprised by Anonymous Coward · · Score: 0

      Well, at least you're not bitter.

  90. Traditional "spamming" methods by macraig · · Score: 1

    "Spamming", as the term is often abused in this context, is hardly new or unique to the Internet, though prior to the Internet it was never considered so offensive or objectionable, to the point of it being a legal or criminal matter. Here's a thought experiment: if Kara Spencer had been going to MSU sixty years ago and this same set of cicumstances had arisen, how would she have gone about the process? I suspect you already know the answer:

    1. Compile a handwritten paper list of all the relevant university profs and their physical office locations;
    2. draft the letter in handwriting, proofread it, type it on a typewriter, and Xerox or mimeograph(!) the resulting "proof" to make enough copies for each professor;
    3. enlist the help of a few other students to distribute the letters, and schlep around to each one of the professors' offices and drop a copy of the letter into the "in" boxes on their doors; or alternatively
    4. drop them off at the university mail room to be placed in each prof's mailbox.

    Would that have been considered "spamming" sixty years ago and resulted in a threat of discipline against the perpetrator? I rather suspect not. It seems to me that in fact what she did was legitimate and warranted, and HOW she did it was highly efficient, with even less disruption of the larger academic process than her sixty-years-prior counterpart would have caused. And for that the university wants to punish her?

    Isn't it funny how the same traditional behavior enacted in the Digital Age, with new tools that actually make the process more efficient and less disruptive, suddenly becomes unthinkable? We certainly are spoiled rotten, aren't we?

    1. Re:Traditional "spamming" methods by ceoyoyo · · Score: 1

      No, because you wouldn't have to worry about tens of thousands of students doing the same thing because they have a pet peeve or someone was mean to them.

      By your reasoning the spam e-mail we all get is just fine because we've all gotten paper junk mail for years.

    2. Re:Traditional "spamming" methods by clone53421 · · Score: 1

      Assuming she was allowed to use those resources for personal/political purposes, it would have been fine. However, the university e-mail system didn't allow bulk e-mailings for those purposes.

      When I attended a university, we were allowed to print 200 pages per week of whatever we wanted. Therefore, if I wanted to use that paper and toner to print fliers protesting some school policy, I'd have been within my rights (so long as I didn't tack them to the school bulletin boards without first getting approval).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:Traditional "spamming" methods by macraig · · Score: 1

      I think you're forgetting what role she played on campus, as the elected/appointed director of the associated students' union. It was her duty to bring this matter to others' attention. It was relevant for her to do this, by your criteria, because the matter was related specifically to campus business and activities and not politics nor personal agendas. The fact that she didn't abuse her title in the e-mail to potentially influence the professors is a mark in her favor; instead she let the information itself be the only potential influence.

    4. Re:Traditional "spamming" methods by clone53421 · · Score: 1

      It was not an official e-mail informing people "this is a new policy". It was a political maneuver to garnish support for her cause: "this is a bad policy".

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    5. Re:Traditional "spamming" methods by macraig · · Score: 1

      It wasn't "her" cause: did you not get that there were numerous other people involved? Further, you might label it as a "political maneuver" to try and misframe the issue, but the politics involved were CAMPUS policies and she was involved in student government. How much more license would she need to take the action she did? Again, there were also other people involved and this was not a unilaterally conceived "political maneuver".

      Considering your talent for using semantics to misframe issues, I think you missed your own calling in politics.

    6. Re:Traditional "spamming" methods by clone53421 · · Score: 1

      It wasn't "her" cause: did you not get that there were numerous other people involved?

      I say "her" cause in the same way my brother refers to the KU Jayhawks by "us/we" despite the fact that he isn't on the team, doesn't go to the college, and doesn't even live in Kansas. It was her cause because she was a spokesperson for it.

      the politics involved were CAMPUS policies and she was involved in student government

      ...by your own admission it was political (campus politics, but politics nevertheless), and no, she wasn't authorized to send bulk e-mails for that purpose (regardless of her position in the student government).

      How much more license would she need to take the action she did?

      From what I read, she didn't really care what "license" she needed to obtain, and stated that she'd continue to abuse the system even after she was informed that there was a correct avenue for her protest and this wasn't it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    7. Re:Traditional "spamming" methods by macraig · · Score: 1

      Apparently you didn't even read my original comment. Perhaps you should.

    8. Re:Traditional "spamming" methods by clone53421 · · Score: 1

      I don't think you read my original comment either, so we're even.

      I was referring to the hypothetical case where she used campus printers and paper and hand-delivered the fliers to the instructors' snail-mail inboxes. That probably would have been fine.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    9. Re:Traditional "spamming" methods by macraig · · Score: 1

      Which was my point exactly, as well, with added perspective: if THAT would have been fine, WHY should the use of technology to make the process less time-consuming and disruptive suddenly make what she did "not fine"?

      The answer to that "why" is that an entire culture has been spoiled and perverted to a degree that shared values and perceptions are skewed. E-mail is treated as "different", just as the Internet as a whole is treated as different and not part of Real Life (which of course it is). The words in an e-mail are no less tangible than the words in a printed letter, and neither warrant nor deserve special protections nor treatment; what is fine for the goose shouls also be fine for the gander.

      Think of this in terms of patents, where her actions were a "method": would her mere use of technology make her method any more worthy of a patent than the "obvious" process upon which her method was based? No. In the same fashion, the mere fact that she used e-mail to accomplish this task does not significantly differentiate her action from what her counterpart would have done sixty years ago.

      The fact that the university administration so completely lacked the perspective to comprehend this lack of differentiation, and as a consequence established a pejorative rule prohibiting one but not the other, is the actual problem here.

    10. Re:Traditional "spamming" methods by clone53421 · · Score: 1

      Which was my point exactly, as well, with added perspective: if THAT would have been fine, WHY should the use of technology to make the process less time-consuming and disruptive suddenly make what she did "not fine"?

      Well, it is the University's network. If she wants to deliver all the fliers by hand, that's her decision, but to use their network resources she has to abide by certain policies. One of those policies is that the network isn't to be used to mass-distribute that sort of flier.

      Comparing this to your hypothetical example, if she had tried to get the Provost's secretary to do all that work for her, she'd probably be told to get lost.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  91. Re: Can the RIAA? by TaoPhoenix · · Score: 1

    Borrowing prior art is the highest form of flattery.

    "Hello, this is the RIAA. We have snail mailed every person in town accusing them of piracy. Please send $2740 to: Save The Newest Kids In Music Foundation. PO Box 90210. Las Profitas, CA.

    P.S. If you don't comply we'll strand that busybody IAAL guy in every Non-NewYork city in alphabetical order according to our playlist, beginning with Boston and Chicago."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  92. Re: Can the RIAA? by Amarok.Org · · Score: 1

    At first, I read that as "Save The New Kids Music Foundation", as in New Kids On The Block... I thought, "Even the RIAA can't be that cruel!"

    --
    -- "Other than that, how was the play Mrs. Lincoln?"
  93. Re: Kids! by TaoPhoenix · · Score: 1

    You got my joke.

    I tried for a cross between "Think of the Kids" and the NKOTB.

    However the RIAA is absolutely that cruel, because that's who gave them to us in the first place.

    Their backup act is Hanson.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  94. Happens because most students just roll over by EdwinFreed · · Score: 3, Interesting

    Many years ago there was an incident at the college I was attending where the administration searched a number of student rooms without permission. After getting caught various justifications were given for the search.

    I was part of a group of concerned students who decided to write the ACLU and ask about the legality of the college's actions. We wrote the letter, but then decided it would look better if it was cosigned by the student council. Of course that brought the existence of letter out into the open.

    After the letter was approved and before it was sent, I was summoned to the office of a chemistry professor, someone I had never had dealings with before. Once there, he proceeded to threaten me with expulsion if the letter was sent, claiming, if memory serves, that it would be some sort of honor code violation.

    I responded by laughing at the guy and told him that the letter was going out and that if he took any sort of action against me I would sue his ass and the college's all the way from here to doomsday. He was struck dumb by my response - I don't think it had even occurred to him that he wouldn't get his way.

    The letter did go out (and got the predictable response - the college's actions were clearly illegal). And I never heard a single word from this professor again. I still see him from time to time. I always smile and wave, but I don't think he recognizes me.

  95. Re:I would *love* an MSU policy at my employer . . by ceoyoyo · · Score: 1

    So what? You're getting paid for hitting that delete key.

    As a fun project, why don't you keep track of how long it takes you to do that. Then write it up, make sure you multiply your wasted time by the number of people in the company to get the biggest possible number and send it off to the higher echelons as a recommendation to increase productivity. They might even take you seriously and give you a bonus!

  96. Societyhelp@aol.com is a spammer by Anonymous Coward · · Score: 0

    I just got this spam email:

    -------------
    I am retiring, and want to offer up my contact list for sale. If you are starting a business or going to soon, I am sure this would be of some use to you. Shoot me an email if you are interested in the details; there are over 50,000 college email adresses.

    Paul Lewis
    Societyhelp@aol.com
    -------------

    Thus I am posting the email address to slashdot where it will get picked up by (perhaps his own) email address harvester and hopefully become useless. Also, feel free to send emails to this address pretending to be interested with the hope of wasting as much of his time as possible.

  97. how to make friends and influence people by Anonymous Coward · · Score: 0

    The best way to endear yourself to people who can help you is to:
    A) Use the tools at your disposal (such as a totally legit list-serv you have access to)
    B) Forget the tools and go on a moral crusade (such as skipping the list-serv and directly mass-mailing people whose help you need)

    Seriously. This is why student government is a joke. Instead of making progress on the issue at hand, she *created* a new issue custom tailored to embarrass her faculty and administration. If you think for a second anyone in power on that campus is going to help her out at this point, you're crazy. They just have to wait 6 months until she's out of office, then ignore her for the rest of her life. The only reason they went through all the hearings and such is to keep her occupied.

    I spent many years in student government and people like this pissed me off to no end. She's going to have jack-shit to show for her time in office. Because of a stupid and pointless holy war, she's monopolizing the student's voice. There could be kids being kicked out with immigration problems, being hit on by professors and I guarantee tuition is going up, but none of those issues will even be mentioned this year.

    Great job! E-mail policy for student leadership is WAY more important than tuition, sexual harassment, deportation, curriculum, housing, drug use and any number of real issues.

    1. Re:how to make friends and influence people by gujo-odori · · Score: 0, Troll

      That's not why student government is a joke (not that I'm taking her side here, you understand). Student government is a joke because it's a joke. Allow me to elaborate a bit.

      The first thing that's a joke is calling it "student government." It's purely a popularity contest, even worse than regular politics, where we at least pretend that people should be qualified for office, and where sometimes they even are qualified for office. There's no "government" involved; the students are not in charge, nor should they be, because they'd make a total mess of things. Curriculum? It's pretty hard for people who have yet to complete a college curriculum to effectively influence one. Sexual harassment? Not much student government can do about that, but (most) universities have clear and effective policies and procedures in place for dealing with it through the administration, which *can* do something about it. In cases where it can't or won't, you need a lawyer on your side, not your class president. Deportation? Gee, if you're not in the country legally, you *should* be deported and should not be taking the place in school of someone who is here legally. If student government takes any other position, they're just proving my point they aren't ready to be in charge of anything, even if they did have any actual power to govern. Drug use? Yeah, student government is all over that, I bet. Nudge nudge, wink wink. Tuition going up? Gee, we could keep it down some by eliminating funds for student government, maybe. Hey, prices go up, so do salaries. It's a fact of life, get used to it. You can't keep paying the same tuition forever. If you could, we'd still be at 1970 prices. Housing? OK, if there's something wrong with the dorms, student government could maybe help with this. But does it? Probably not.

      The thing is, I went to university to get a good education. I got one, at UCSD. Nothing that anyone in student government did in any way furthered that. In fact, it just made it slightly more expensive. If there were no student government, fees would be lower and I could have spent the money on something more useful, like good coffee. Student government is a waste of time, except maybe for those planning to go into politics, in which case it's good training for how to become a professional wanker, not just an amateur, but why should that be on my dime?

  98. Re:All colleges and universities send out mass ema by rel4x · · Score: 1

    Recent MSU student, confirming it is. MSU and the engineering department send out enough bullshit to make your inbox worthless as it is.

    --

    Before you mod me funny, think, perhaps I was insightfully funny?
  99. Spam fighter's perspective by merc · · Score: 1

    This fails the spam smell test on many grounds, but mostly she already had an existing business relationship with the institution for which the email recipients were destined for.

    I realize this is more about University policy than anything else, but for them to call it spam doesn't seem factually correct.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:Spam fighter's perspective by clone53421 · · Score: 1

      In no means did her "business relationship" with the college allow her to send bulk e-mails protesting policy changes. In fact, the "business relationship" as stated in the University policies expressly forbid personal/political bulk e-mails.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  100. Ah College... by FloydTheDroid · · Score: 0, Offtopic

    Her mistake was trying to get the professors on her side. Being a professor is a pretty sweet deal and they're not going to screw that up by fighting against a change, especially when that change is getting two more days off per semester. That change would only make their sweet deal even sweeter.

    She needs to realize that the only way this college is ever going to care is if she and a few thousand other students leave. Until then she can scream at the top of her lungs all she wants but no one will ever listen. I don't want to argue about how some people seem to think that having (mostly) free speech is like a magical spell which will stop the evils of the world. But the sad truth is that even when we know the truth we don't do anything about it. College students are mostly trying to do as little as possible while still convincing their parents that they're working hard (I apologize to the flower generation and the 5% of you who aren't) so they're the worst kind of people to try to get riled up. Free speech is basically wasted on them. Bong hits 4 Jesus indeed.

    Sadly the story reminds me of how my college went from 40 days a quarter to a more rational 48 day semester. I mean, why have a 120 day school year when you can have a 96 day one and charge more because semester sounds so much better. It's really win/win since everyone gets to spend less time in class.

  101. MSU Student by Anonymous Coward · · Score: 0

    As the student in question I would like to take this opportunity to thank you for your comments. I would also like to invite you to ask questions. As is to be expected, there is much speculation and rumor floating about, along with a fair amount of misinformation.

    For the record:

    1) I never imagined that contacting a "handful" of academic faculty and staff about an issue of common concern would morph into something this ridiculous. As a non-traditional student (I'm 38) and the mother of a high school student who also attends MSU, my concern regarding this policy evolved from my involvement in University committees, ASMSU, and discussions with faculty and members (including business owners, local police, and neighborhood organizations). It became evident that many others in the campus community were unaware of the proposal and its potential impact.

    2) Mr. Hall has grossly misrepresented our conversation particularly the statements he attributes to me. I neither demanded to be sent to judicial nor refused to stop sending the email. In fact, the last email I sent was several hours prior to my conversation with Mr. Hall, and no more have been sent since that conversation on September 16. What I did say to Mr. Hall was that given the interest in this issue it was unreasonable for him to expect that others would not continue to forward the email and that it would continue to be a topic of discussion whether I was the one sending the emails or not.

    3) I was perfectly happy to believe that the university had dropped this issue. Nearly 7 weeks passed from the time that Mr. Hall and I spoke to the time that I was notified of charges by the university. I very quietly went on with my life . It was only after I received notification of the charges (Oct. 28) that I contacted outside sources for information and support. I continue to believe that this is a free speech issue. The university's policy is not content neutral, and that is a violation of the first amendment and should be questioned. I am the first student to be charged in the university judicial process for violating the AUP (the Office of Judicial Affairs publishes a table outlining the number of complaints received and the university policies cited in the complaints...none have the Network Acceptable Use Policy listed; and Mr. Hall stated in the hearing on Tuesday that this was the first case they had brought before the judicial board). I think this raises serious questions, and I believe those questions should be answered by the university.
    I would be happy to provide further information to anyone who cares to know rather than to speculate as to my motives or intentions.
    Again, I appreciate the postings. I have found them both interesting and informative.

    1. Re:MSU Student by Anonymous Coward · · Score: 0

      I never imagined that contacting a "handful" of academic faculty and staff about an issue of common concern would morph into something this ridiculous.

      My hand has 5 fingers if we count my thumb. Your hand must look really strange if 391 people is a "handful".

      Mr. Hall has grossly misrepresented our conversation particularly the statements he attributes to me. I neither demanded to be sent to judicial nor refused to stop sending the email.

      Assuming he still has copies of the correspondence, I suppose we'll know soon enough.

      given the interest in this issue it was unreasonable for him to expect that others would not continue to forward the email and that it would continue to be a topic of discussion whether I was the one sending the emails or not

      A simple "Ok, I'll stop" was in order. If other people continue forwarding the message, it's hardly your problem.

      conversation on September 16 [...] Nearly 7 weeks passed [...] I received notification of the charges (Oct. 28)

      Sept. 16 to Oct. 28 is exactly 6 weeks. How do you figure that it's nearly 7 weeks?

      ...for that matter, why should I believe that an anonymous /. post was actually written by the Kara Spencer in question? The least you could have done is clarify whether you used the university listserv or compiled the recipient list manually; that way we'd be better equipped to wildly speculate based on what Anonymous Coward told us.

      Posting as AC myself because I've made no claims relevant to my identity. Anybody who cares to check my math can discover that Sep. 16 to Oct. 28 is indeed 42 days, and I think it's pretty safe to claim that I have 5 fingers.

  102. Sigh... by Anonymous Coward · · Score: 0

    If she'd only offer them some free tickets to win the online lottery, she wouldn't be in this mess.

  103. I only got an A- in Us History but.. by caveat · · Score: 1

    but to say that the only valid judge of constitutionality is the courts is not only wrong

    Isn't the supreme arbiter (per Marbury v. Madison[?]) of the Constitution the Supreme Court? i.e. if your case is Constitutionally ambiguous, the appellate courts will send it up and up until it reaches Washington?

    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
  104. Hacking the policy? by pikine · · Score: 1

    According to this Bulk E-mailing Guidelines, only the university offices are permitted to bulk mail changes to university policies or procedures. Not the students.

    However, their definition for bulk mail is any message sent to up to 20--30 people (large committee or work group) within 2 days. I wonder if she can send her announcement to 28 people at a time in 14 batches, or 28 days, in order to evade the criteria for bulk mail.

    Another way to spread her message faster is to e-mail department secretaries and ask them to forward her message to professors in the department. This way, in the first 4 days, she'll be able to contact 60 departments. If some departments agree to do her a favor, that should reduce the number of professors she has to e-mail individually and reduce the risk of being accused of bulk mailing.

    Or ask 14 friends to each forward her message to 28 professors at the same time. I think the accusation for bulk mailing will be much more difficult to hold for 14 people at once, each does not violate MSU bulk e-mail policy individually.

    --
    I once had a signature.
  105. Proper channels by Secret+Rabbit · · Score: 1

    So, this student spams (according to the article) 391 University Profs. How is that not spam? Oh wait, it is. Also, there are ways of making such complaints; there are always committees to deal with such things. Attempting to circumvent that system by bulk email, is arguably unethical (not to mention profoundly stupid).

    So, this really isn't about a student using there right of free speech, as the defence claims. It's about the *abuse* of the system. Which hardly works in the students favour.

  106. Political spam being specifically allowed by Anonymous Coward · · Score: 0

    in the CAN-SPAM act.

    Nice way of bringing that into the conversation!

    Probably unintentional.

  107. I'm confused by tehcyder · · Score: 1

    I thought on slashdot we wanted to horribly and slowly torture spammers to death, everyone here now seems to be defending her freedom of speech.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  108. Tell the prof that got spammed how you feel by Anonymous Coward · · Score: 0

    Send the prof that turned her in your thoughts

    grossk@kbs.msu.edu

  109. Place a call... by Anonymous Coward · · Score: 0

    Gross, Katherine L
            Email: kgross@kbs.msu.edu
    Office: Kellogg Biological Station Ag. Nat. Res. Local: 269-671-2341
    More Detail Icon Show Details

  110. here we go... by Anonymous Coward · · Score: 0

    MSU is well known for this sort of bureaucracy. Usually they choose to confine their little wars inside their departments though.

  111. been there by Anonymous Coward · · Score: 0

    brings back memories.

    my college has/(had) a beloved area called "the jungle". one day, shortly after summer break began, all the trees were marked with little plastic bands.

    copied the main server's user listing to a text file and appended @college.edu, and sent out notice that this beloved spot may be clear-cut before we all get back next fall.

    students, alumni, and faculty were uninformed and angry. all of a sudden the plans for new dorms were made public. clearly a case of choosing to ask for forgiveness rather than permission. long story short, even though there was unused land directly adjacent to already-present campus housing, that area was deemed "unsafe" (read: too close to the poor people), and the jungle was halved.

    i suppose i should be glad i didn't suffer retribution.

  112. Or... by maillemaker · · Score: 1

    >Once faculty reports it, the IT department filters it out. Once her dickish
    >move stops working, and her e-mail no longer even reaches the faculty
    >and staff, she'll have to resort to doing it properly.

    Or, she'll just do it anonymously next time.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.