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Computers Threaten Privacy

Panel Discusses Tension Between Public, Individual Rights

By Stephen E. Frank

The rapid growth in the use of computers and computer networks creates a dangerous tension between an individual's right to privacy and the public's right to access information, according to five participants in a panel discussion at the Law School yesterday.

The discussion, titled "Using Computers and Networks on Campus," focused on the burden universities face in determining what is private and what is public when it comes to advanced information technologies.

"The times we live in are fraught with a lot of dangers, from a legal standpoint, from a human rights standpoint and from an academic standpoint," said Provost Jerry R. Green, who moderated the nearly two-hour session before a crowd of about 100 in the Law School's Ames Courtroom.

Panelist Anthony G. Oettinger '51, McKay professor of applied mathematics, said that particularly in university settings, there are "inescapable tradeoffs" between making information accessible and protecting the right to privacy.

And panelist F. Warren McFarlan '59, Walker professor of business administration at the Business School, called the tension between information access and the right to privacy "the Achilles heel" of modern technology,

McFarlan identified four sources of the problem: data collected for one purpose being used for another; data being sold or exchanged; mistaken information entering the data network; and false information being disseminated deliberately out of malicious intent.

According to panelist Allan A. Ryan Jr., a University attorney who specializes in intellectual property issues, a dearth of legal precedents makes it difficult for courts to limit freedom of information.

And the speed with which technology is changing makes it impossible for laws to keep pace effectively, he said.

"As a general matter, the law tries to protect reasonable expectations of privacy," he said. "But few things are private all the time, against everyone, in all circumstances."

Ryan said he doesn't think the vagueness of current law threatens the right to privacy of students using the University's computer network.

"We're not going to come in and start ransacking your e-mail files," Ryan said. "However, if you're using the devices of the University to carry out an illegal scheme, you have no legitimate claim [to privacy] if that comes to light."

McKay Professor of Computer Science Harry R. Lewis '68 suggested that Harvard might pursue disciplinary action against students who send threatening or offensive messages over the network.

Still, he added, "things that are annoying, stupid or offensive do not become worse because Harvard's computers and network were used to carry the message."

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