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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.

77 of 516 comments (clear)

  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 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.
    2. 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

    3. 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)
    4. 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.

    5. 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 ;-)

    6. 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.

    7. 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
    8. 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.

    9. 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.

    10. 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?

    11. 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.
    12. 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.

    13. 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.

    14. 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.
    15. 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
    16. 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
    17. 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.
    18. 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.

    19. 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.
    20. 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.

    21. 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.

    22. 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!
    23. 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.
    24. 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.

    25. 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.
    26. 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.
    27. 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.

    28. 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.
    29. 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
    30. 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
  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 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."

    3. 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.

  3. 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 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.

    7. 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.

    8. 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.
    9. 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.

    10. 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.

    11. 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.

    12. 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.

    13. 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!
  4. Personally by Killer+Orca · · Score: 2, Funny

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

    1. 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.

    2. 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. 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.

  6. 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."
  7. "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 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.
  8. 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.
  9. 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 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."
  10. 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."

  11. 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.

  12. 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 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?

  13. 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.

  14. 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.

  15. 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 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
  16. 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

  17. 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.
  18. 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.

  19. 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."

  20. 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.

  21. 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.
  22. 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.

  23. 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.