University monitored private communications without warrant

[intr3pid]

What is the name of your state (only U.S. law)? Missouri

I go to a college in Missouri and feel that my privacy was severely violated by the University. A week ago police kicked in my dorm room door and confiscated all of my computer equipment, arrested me, and demanded information from me. I refused, asked for an attorney - the usual bit. Anyway, I was able to obtain a copy of the affidavit used to obtain the search warrant, and a portion of the evidence used to establish probable cause were intercepted Yahoo Instant Messenger chat communication with my girlfriend. I was using my personal computer on the University's network at the time. There is a single Acceptable Use policy that I had to agree to when I first registered on the network, and there is no indication whatsoever that communications can/will be monitored. Of course, it is reasonable to assume that campus e-mail will be monitored, as well as other Unversity-related communications. However, this was a private conversation on a communication avenue unrelated to the University.

Upon review of the affidavit, I noticed that they reference some sort of policy language that states:

"Personal email messages and other electronic communications are not private or privileged, and are subject to interception and scrutiny without obtaining either the sender's or the receiver's permission. Personnel, criminal and/or disciplinary action may be taken against any member of the university community based on the contents of an intercepted electronic communication, should it be found to be in violation of law or university policy, including the university's sexual harassment policy."

I have multiple questions about this language, the first being that it seems like a huge breach of privacy to all students if the University can (apparently, and as evidenced in my case) monitor private communications. Second, no student is notified of this fact when they register their computer systems on the network. The only Acceptable Use policy we are supposed to accept, as stated earlier, does not even hint at the University monitoring our communications.

At the moment, I'm not concerned with the arrest or them finding what they want to find on the computers. I would just like to know if I have a case here to file a Motion to Suppress based on this, or at least sue the University for what I consider a massive breach of privacy. Considering the University's network is literally the student's only means of accessing the Internet, it's a very scary prospect that we have to throw our privacy out the door for something so necessary.

 

[FlyingRon]

If you're going to leach on to the universities resources for personal use, then you'll have to accept their terms. Same sort of arrangements exist for employees using he internet at work.

I'd avoid doing illegal activities on such a network (mind you, I'd recommend that you not break the law period).

 

[CdwJava]

Consult legal counsel.

Understand that if you agreed to the terms and the terms explicitly stated that the communications could be monitored for unlawful content, then you are pretty much out of luck to suppress the communications.

In the future, use your OWN service to send whatever it was that you sent.

What have you been charged with?

 

[cyjeff]

What did you say to your girlfriend, anyway?

How old is she?

 

[intr3pid]

If you're going to leach on to the universities resources for personal use, then you'll have to accept their terms. Same sort of arrangements exist for employees using he internet at work.

I'd avoid doing illegal activities on such a network (mind you, I'd recommend that you not break the law period).

I am surprised that the use of University systems fall under the same rules as work as this is not only a place of education but they also provide housing (dorms) and it is to be completely expected that someone living on-campus is going to use the only possible route to the Internet in their place of residence (you can't get your own service) for private purposes, and therefore any reasonable person would certainly expect privacy in the comfort of their residence, am I not right?

My girlfriend is of legal age to say anything I want to say if that's what you were getting at, but it was nothing like that. In fact, the information they said I sent her was never sent of the form of communication stated, so there is some sort of falsified information being used in the affidavit. The cops here are, hands down, the worst I've ever seen - they didn't even know how to properly handle a laptop computer for forensics purposes.

I just find the fact that other law-abiding students are having their communications watched like we are in North Korea extremely appalling.

 

[cyjeff]

I am surprised that the use of University systems fall under the same rules as work as this is not only a place of education but they also provide housing (dorms) and it is to be completely expected that someone living on-campus is going to use the only possible route to the Internet in their place of residence (you can't get your own service) for private purposes, and therefore any reasonable person would certainly expect privacy in the comfort of their residence, am I not right?

Sure, except, of course, if you sign a use agreement that authorizes that invasion of privacy... which you did.

My girlfriend is of legal age to say anything I want to say if that's what you were getting at, but it was nothing like that. In fact, the information they said I sent her was never sent of the form of communication stated, so there is some sort of falsified information being used in the affidavit. The cops here are, hands down, the worst I've ever seen - they didn't even know how to properly handle a laptop computer for forensics purposes.

Let's not be cute.

What are you being accused of saying or sending to your girlfriend?

There is a reason that the cops broke down your door. What would that be?

I just find the fact that other law-abiding students are having their communications watched like we are in North Korea extremely appalling.

You are not a freedom fighter. You signed a waiver of privacy to use the network and now wish you hadn't.

That doesn't make you Rosa Parks... it just means you didn't sign the agreement until AFTER you were arrested for violating it.

If you don't want your communications watched, get yourself a wireless card for your laptop.