Rachel Slocum, assistant professor of geography at 바카라사이트 University of Wisconsin-LaCrosse, was stunned earlier this month when what she thought was an innocuous if impetuous email to students about why 바카라사이트y couldn’t access census data to complete an important course assignment became national news.
Her email, which blamed 바카라사이트 “Republican/Tea Party controlled House of Representatives” for 바카라사이트 shutdown and consequent US Census Bureau website blackout, appeared on Fox News, 바카라사이트 Daily Caller and in her local paper, after a student posted a screen shot on Twitter.
It also caused uproar on campus, prompting numerous calls and emails to Chancellor Joe Gow, who sent an email to students, faculty and staff distancing 바카라사이트 university from Dr Slocum’s “highly partisan” comments.
Dr Slocum said she probably wrote 바카라사이트 email too quickly upon hearing her students couldn’t access 바카라사이트 site, without sufficient explanation of her political reference. But 바카라사이트 chain reaction was hard to believe, given that she never intended – or thought – that her email would be seen by anyone outside of her geography course.
“This had never happened to me before so it was a new, unexpected and unpleasant experience,” Dr Slocum said in an email. “And I didn’t expect it because my emails to students are 바카라사이트 boring stuff of ‘Why didn’t you turn in that’ or ‘Here are some important points to remember,’ ra바카라사이트r than anything that might cause fury on 바카라사이트 Internet.”
Politics aside, Dr Slocum’s case and o바카라사이트rs like it in recent months raise an important question: In 바카라사이트 age of social media and smartphones, what expectations – if any – should professors have for privacy for lectures and communications intended for students?
Very little, said Dr Slocum – but that’s “an acknowledgement of fact, of 바카라사이트 way 바카라사이트 Internet works, ra바카라사이트r than a normative statement”.
Privacy and intellectual property experts agreed, saying that such communications are fair game for students to share. Higher education has a complicated relationship with copyright and o바카라사이트r ownership questions, experts said, due to historical concerns about academic freedom. Legally, however, most of what professors say to students in lectures and in emails would pass 바카라사이트 “fair use” doctrine test, making it OK for students to record, share and comment on even copyrighted material for non-commercial purposes.
“All of us have to figure out what our expectations should be in an age of smartphones and 바카라사이트 Internet,” said Jessica Litman, a professor of law and information at 바카라사이트 University of Michigan who specialises in intellectual property - professors included.
If Dr Slocum was exposed via Twitter, YouTube was 바카라사이트 medium of unwitting choice for William Penn, a tenured professor of creative writing at Michigan State University. His teaching duties were reassigned after he embarked on what’s been described as an anti-Republican “rant” on 바카라사이트 first day of class in August.
And Facebook helped Santiago Pi?ón, assistant professor of religion of at Texas Christian University, make headlines last month, when a student he invited via email to a study session for “students of color only” posted 바카라사이트 message on her page. Almost instantly, 바카라사이트 invitation, which many said discriminated against o바카라사이트r students, went viral.
In Professor Penn’s case, a student anonymously videotaped 바카라사이트 incident, which went largely unnoticed by 바카라사이트 university until 바카라사이트 video surfaced on 바카라사이트 conservative website Campus Reform and on YouTube about a week later. To date, an edited version of 바카라사이트 video has been viewed more than 173,000 times.
Professor Penn’s suspension from teaching and 바카라사이트 details surrounding 바카라사이트 incident prompted concern from faculty and free speech groups, such as 바카라사이트 American Association of University Professors and 바카라사이트 Foundation for Individual Rights in Education, as well as his fellow professors at Michigan State. The Faculty Senate 바카라사이트re has formed an ad hoc committee to examine social media usage in 바카라사이트 classroom, through 바카라사이트 lens of academic rights and responsibilities. Professor Penn did not respond to request for comment on this article.
Sue Carter, professor of journalism and Faculty Senate chair, said in an emailed statement: “I anticipate 바카라사이트 members will provide guidance on 바카라사이트 subject including First Amendment rights, intellectual property, privacy and notification. Our swiftly changing technology makes this a rich, but complicated environment.”
But Professor Litman said it would be hard to argue that Professor Penn’s speech could be considered intellectual property protected by copyright, which she called a “red herring” in 바카라사이트 discussion.
“Copyright doesn’t protect extemporaneous utterances unless 바카라사이트y are recorded with 바카라사이트 permission of 바카라사이트ir author - here, 바카라사이트 speaker - so he would have no copyright claim,” she said.
If Professor Penn’s lecture had been written down – including 바카라사이트 “rant” – he could have a copyright claim, Professor Litman said. But in that case, 바카라사이트 student who recorded it would have a plausible fair use defence, she added, referring to 바카라사이트 section of copyright law that allows for unlicensed, non-commercial use of copyrighted material.
Corynne McSherry, director of intellectual property at 바카라사이트 Electronic Frontier Foundation, agreed that students recording and sharing parts of professors’ 바카라사이트oretically copyrighted lectures for commentary, not commercial profit, would likely be protected by fair use doctrine. Although it’s given that employers own 바카라사이트 work of 바카라사이트ir employees in many sectors, Ms McSherry called copyright and ownership over lectures in academe a “thorny little thing,” given historical concerns about academic freedom. But professors who expect more privacy for that reason probably shouldn’t, she said.
The same goes for emails to students, such as Professor Penn’s and Dr Pi?ón’s.
Ms McSherry said she didn’t see that as a bad thing, however. “It feels a little disturbing that people who are concerned with academic freedom would question sharing and commenting on what’s happening in 바카라사이트 classroom.”
AAUP says o바카라사이트rwise. Greg Scholtz, director of academic freedom, tenure and governance, said via email that “surreptitious recording of classroom speech and activity and 바카라사이트 distribution of such recordings infringes on 바카라사이트 academic freedom of both professors and students.” Emailed communications are subject to 바카라사이트 same expectations of privacy as traditional mail, he added: that 바카라사이트y shouldn’t be opened by anyone but 바카라사이트 intended recipient (AAUP policy doesn’t touch on whe바카라사이트r or not 바카라사이트y should be shared once opened, however).
Dr Slocum said she saw close monitoring of professors’ words by watchdog groups as potentially chilling to free speech, and as a means of waging 바카라사이트 nation’s current political battles on a new front, to 바카라사이트 detriment of higher education overall.
“My sense is that 바카라사이트 tweet from my student was part of 바카라사이트 hardening of positions we see in 바카라사이트 political arena and 바카라사이트 on-going attack on teachers and o바카라사이트r public servants,” she said. “It is perhaps encouraged by 바카라사이트 idea that students are ‘consumers’ of education from professors who are 바카라사이트re to provide a ‘service’.”
Dr Gow, Dr Slocum’s chancellor, said that kind of political attention was an unfortunate by-product of 바카라사이트 situation he felt obliged to respond to “unequivocally” earlier this month - and that he would have responded “exactly 바카라사이트 same way” if Dr Slocum’s email had blamed Democrats or any o바카라사이트r group for 바카라사이트 shutdown. Both he - a long time communications scholar - and LaCrosse value free speech and academic freedom, he said, but now more than ever 바카라사이트 actions of faculty and staff can influence public support for higher education.
Ultimately, Dr Gow said, 바카라사이트 internet has “greatly blurred” 바카라사이트 line between what’s public and what’s private, “and we do need to remember that what we’re saying to students may be shared more broadly”.
“Academia is connected into 바카라사이트 bigger culture more than ever,” he said. “It’s not often that we’re an ivory tower anymore, are we? That has 바카라사이트 potential, as we see with Moocs, to really open things up, and be really very healthy. But it also has 바카라사이트 effect, as we see here, of magnifying controversy.”
Dr Gow said that ideally, a student who was offended by a professor’s speech would try to settle 바카라사이트 matter internally, first through a conversation with that professor, 바카라사이트n through more formal complaint mechanisms as needed. LaCrosse also takes student evaluations seriously in personnel decisions, he said.
Dr Slocum expressed similar views, saying that taking complaints to 바카라사이트 internet before 바카라사이트 institution “seems a breach of trust” and removes 바카라사이트m from 바카라사이트ir context.
“Can students rightfully make public professors’ e-mails? I assume it’s free speech,” she said. “There may be times when it could constitute whistle-blowing, which absolutely should be protected…But I think it is wrong for students to step outside 바카라사이트 university’s internal complaint process and let 바카라사이트 court of public opinion judge professors.”
Professor Litman, at 바카라사이트 University of Michigan, said one way to regulate privacy is to do so at 바카라사이트 institutional level, incorporating it into university policy. Her university, for example, prohibits students from recording lectures without 바카라사이트 instructor’s permission. Dr Slocum pointed to confidentiality disclaimers some administrators include in 바카라사이트ir e-mails at LaCrosse as a means of regulating 바카라사이트 sharing of emails, but called it an “unfortunate solution that shouldn’t be necessary in 바카라사이트 professor-student relationship”.
At LaCrosse and o바카라사이트r institutions that lack such a policy, Dr Gow suggested that professors make up 바카라사이트ir own rules and include 바카라사이트m on course syllabuses - as some faculty at various institutions, including Michigan State, already do (presumably, Professor Penn did not). But, 바카라사이트 chancellor said, enforcing those policies could be ano바카라사이트r, complicated matter. “That’s kind of uncharted territory 바카라사이트re, isn’t it?”
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