Re: College Liability - Reply to Paul Jenkins

["Siegfried Angerer" <sseaprod@xxxxxxxxxxxxxx>]

Greetings

Jenkins, Paul" question poses an interesting problem. Is the person who owns
/ leases the computer liable, the entity selling / leasing the equipment, or
is the entity who owns the network infra-structure /internet connection
facility that allows the illegal act to take place in liable?
I am not a lawyer. Therefore I will offer an opinion that might assist in
avoiding future liability.
It must be understood that network managers can restrict the installation of
P2P software on any machine owned by the college. In addition, network
managers can maintain active firewalls between all machines and shut down
all UDP and any other unauthorized input and output ports. Port management
can be done remotely.
Apart from the fact that these additional security measures will assist in
protecting the college infra-structure from new generation  viruses, it also
assists in cutting college download fees and any non learning focused
student activity. These measures will have to be supplemented with weekly,
or even daily automatic deletion of all unauthorized software located on any
student allocated disk spaces. This is another task that can be done
automatically and remotely.
In theory, these measures should give the college enough protection against
any argument that suggests it did not take reasonable measures to restrict
the illegal download of MP3's.
In the case of leased mobile equipment a raft of measures should suit.
A college equipment usage policy signed by the student leasing the equipment
as well as automatic scheduling software that detects known executables.
Where the student owns his/ her own equipment, a change in the college
policy statement that indicates student  responsibility for their own
equipment and that the college will hold students liable for any damages to
college infra-structure, but not accept liability if students incur damages
/charges from third parties. These punitive measures may be sufficient
deterrent in the first instance.

Regards

Siegfried E. Angerer
Director SEA Pty Ltd
sseaprod@xxxxxxxxxxxxxx
Bu. Ph 613 9645538
Ah. Ph 613 96961814