CALIFORNIA – School
officials at the University of California at San Diego are backing off from
their order that a student organization's Web site hosted on the school's server
cannot link to an alleged terrorist group's Web site. The university had
contended that the link was a clear violation of the
U.S.A. Patriot Act
and university policies.
Administrators
early last month claimed the official Web site for the Fuerzas Armadas
Revolucionarios de Colombia, also known as the Revolutionary Armed Forces of
Colombia or FARC, could be accessed through the site of a student group on the
university's network server. FARC is listed as a foreign terrorist
organization on the U.S. State Department’s August list of known terrorist
groups.
The school's claim that the link violated the Patriot Act stirred
national media attention and heightened tension on campus between administrators
and the student cooperative whose site contains the link.
Administrators
sent a letter to the Che Café, the student cooperative that operates
burn.ucsd.edu, also known as BURN!, ordering the group to remove all hyperlinks
to the FARC Web site.
Gary Ratcliff, the director of University Centers,
stated in the letter sent
Sept. 16, “Providing material support or resources to a designated
[terrorist organization] is a violation of federal law. Using UCSD computing
resources to violate federal laws is against UCSD Policies."
Ratcliff
also stated that the Patriot Act not only prohibits providing money and training
to terrorist organizations, but the Act also bans supplying communications
equipment.
Administrators said they planned to repeal the first letter
saying now that the hyperlinks are not the cause of the
complaint.
Administrators say they only object to the student group
"hosting" the alleged terrorist site, which they are now
investigating.
“Hyperlinks are acceptable,” said Nicholas S.
Aguilar, director of student policies and judicial affairs. “Our concern
is with the Web site that is hosted using university computer resources. In this
case it’s very specific. We are concerned that the BURN! Site is being
used to host a foreign terrorist organization in violation of federal
law.”
But members of the progressive and radical Che Café
contend the BURN! site has not hosted a Web page for FARC since
1996.
"The problem with having non-computer savvy lawyers deal with this
is that they don't know what they're talking about. A simple DNS [Domain Name
System] look-up or whois query [a global domain name search] on farc-ep.org
would reveal that it's being hosted in Switzerland," said Dade Murphy, a
representative for BURN!.
In a letter members of the Che Café sent
to Ratcliff, students stated, “What does it mean to ‘provide
material support' to support terrorists? If access to information and academic
freedom in a public research university constitute material support to
terrorists, it should come as no surprise that civil liberties and free speech
have been among the casualties of the war on terrorism.”
The Che
Café Collective members contend that the student group is not offering
financial, training or housing support for the alleged terrorist group but
merely offering the hyperlink to
the FARC site.
“We simply provide a link to their page so that
people can make up their own minds about them,” according to the BURN!
site.
This is not the first time that the BURN! site has faced
controversy. The Web site initially started as a project of the UCSD
Communications Department in 1993 as an experiment in “a new type of
media.” After the department was pressured to remove content in spring
2000, a student group, Groundwork Collective Co-op, stepped in and took control
of the site.
Shortly after the group took control of the site, UCSD
administrators pressured Groundwork to remove some of its content.
Administrators said that the link to a different alleged terrorist organization,
the Kurdistan Workers Party, violated UCSD policy. And unlike this case with Che
Cafe, the Groundwork Collective was ordered to remove the link and was placed on
probation. The BURN! Web site was then taken over by the Che Café
Collective.
Aguilar said he is unsure what if any disciplinary action the
Che Café could possibly face if the group is found to be hosting a Web
page for the FARC on the university server.