I don't agree with this analysis.  Students may have the right to use
the spectrum on their personal network.  I don't believe they have an
inherent right to broadcast the university's network out into the dorm
parking lot.  

[I'm not a lawyer, but I could play one on TV]

Tom Zeller
Indiana University

-----Original Message-----
From: Sascha Meinrath [mailto:[EMAIL PROTECTED] 
Sent: Friday, January 06, 2006 11:32 AM
To: WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU
Subject: Re: [WIRELESS-LAN] Rogue Detection in Dorms...

Hi all,

 > Date:    Thu, 5 Jan 2006 08:12:21 -0500
 > From:    Lee Badman <[EMAIL PROTECTED]>
 > Subject: Re: Rouge Detection in Dorms....
 >
 > I know that we found that finding rogues is almost meaningless if
there =
 > isn't strong policy to back up their removal and banishment. We get =
 > push-back that the students' rooms are their homes, and in their
homes =
 > they should be able to do their own wireless, etc... That notion gets
=
 > weaker if you have wireless everywhere, but still the written policy
with =
 > senior management sponsorship and very clear communication to
students =
 > that such devices aren't allowed needs to be in place- just as
important =
 > as any software or tools.=20
 >
 > I still toy with this idea- through the wire detection- as much as
(or in =
 > concert with) a sensor-based solution: www.wimetrics.com=20

I suspect that rogue suppression and elimination of unlicensed devices
from 
student's dorms is a practice that is without legal protection and would

seriously caution any University from engaging in this practice.  It's
one thing 
to prevent connection to your network of unauthorized devices (which is
clearly 
within a network administrators rights), but it's quite another to
remove or 
banish unlicensed devices outright.

It's not so much that that students rooms are their homes as that no one
has any 
exclusive property rights to unlicensed frequencies -- everything from 
clarifying statements from the FCC and the OTARD rules back up students'
rights 
to buy, deploy, and use unlicensed devices wherever they choose.  If
there are 
any telecom lawyers on this list, I would love to hear some
clarification on the 
legal ramifications of enforcing a banning and removal of unlicensed
devices, 
but I anticipate that the law will back up the students rights to
utilize these 
devices.

--Sascha


-- 
Sascha Meinrath
Policy Analyst    *  Project Coordinator  *  President
Free Press       *** CUWiN               *** Acorn Active Media
www.freepress.net *  www.cuwireless.net   *  www.acornactivemedia.com

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