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Oregon Daily Emerald
An independent newspaper at the University of Oregon
www. dailyemerald. com
Since 1900 \ Volume 107, Issue 46 j Thursday, October27, 2005
FCC expands Net spy rule to UO
The University has 18 months to comply with the requirement,
which may give the FBI and homeland security access to student e-mail
BY EVA SYLWESTER
SENIOR NEWS REPORTER
The University has less than 18 months to re
vamp its telecommunications systems so law en
forcement agencies will have easier access to in
formation if given a court order to investigate,
according to a new order from the Federal Com
The FCC announced on Sept. 23 that the Com
munications Assistance for Law Enforcement Act
now applies to facilities-based broadband Inter
net access providers, including higher education
institutions, K-12 schools and libraries.
The act was first implemented in 1994 to re
quire telephone carriers to make their systems
open to federal surveillance with the permission
of a court order. It was expanded to account for
the increase in broadband Internet usage.
“Presumably, this is related to homeland secu
rity,” University Director of Telecommunications
Services Dave Barta said.
Barta said it is unclear how much it will cost
the University to comply with the order.
“The main thing is that we’re still a ways from
really understanding what this would mean to us
and being sure we’re required to comply with it,”
Terry Hartle, a senior vice president of the
American Council on Education, told The New
York Times that the legislation would increase tu
ition at United States universities by at least $450
per student on average.
The needed changes could take numerous pos
sible forms, Barta said, and some would be less
costly and invasive than others. For example,
simply having the capability to monitor commu
nications entering and exiting campus networks
would not require a significant investment.
Another possibility is the FBI having remote
access to University systems, Barta said.
This would require substantial hardware, soft
ware and security changes, in addition to im
mense amounts of time training employees to op
erate the new equipment, Barta said.
“It’s easy to tell everyone to do this and not
give money to do it,” Barta said.
Mark Luker, vice president of EDUCAUSE, a
nonprofit organization that deals with the use of
information technology in higher education, said
in a letter to EDUCAUSE members and partners
that the new legislation places unreasonable fi
nancial demands on universities.
“It is not cost effective, nor in the public inter
est, to overhaul the networks of all institutions
just in case a lawful surveillance may be required
in the future at one of them. And, there are effec
tive alternative solutions to the problem that do
FCC, page 4
zane Krrr | photographer
Residents of Westmoreland Apartments and other community members question Director of University Housing Mike Eyster and Vice President of Finance and
Administration Frances Dyke about the University’s desire to sell the apartment complex. The 37-building complex has 404 units, 360 of which are currently occupied.
Westmoreland tenants oppose sale
At Wednesday night's meeting, University officials defended their
decision and heard complaints from tenants who may he displaced
BY Mix;HANN M. CUNIFF
The sale of the Westmoreland Apartments is
an ill-conceived idea that will cause hundreds of
people to scramble for housing they may not be
able to afford, current tenants told University offi
cials at a meeting Wednesday evening.
More than 50 men, women and children
packed the Westmoreland Community Room to
air their concerns to Vice President for Finance
and Administration Frances Dyke and Interim
Vice President for Student Affairs and Director of
University Housing Mike Eyster.
The University announced last week that it will
be asking the State Board of Higher Education
permission to sell the property, which is consid
ered family housing, at the board’s Nov. 3-4
meeting at Portland State University.
The property has been valued at $15-$ 18
million, money Eyster and Dyke said will
ultimately go toward improving University
owned housing closer to campus and could
be immediately used to purchase property as
the opportunities arise. Tenant James
Butcher said after the meeting that he would
like to know what exactly will be bought
with the money.
“What is unsaid is what we really want to
know,” Butcher said.
Comments from attendees during the meeting
focused on the reasoning behind the sale and the
lack of affordable housing alternatives in Eugene.
Eyster and Dyke defended the decision to ask
WESTMORELAND, page 4
The Senate may recommend
to president Frohnmayer that
students' tickets he revoked
BY NICHOLAS WILBUR
Next week, student government may
recommend that the University president
revoke a season’s worth of football and
men’s basketball ticket privileges for stu
dents caught committing “major and egre
gious” offenses at games.
All enrolled students already pay for
tickets to football and men’s basketball
games through incidental fees, which to
tal $191 per student per term.
On Wednesday night, the Student Sen
ate decided to postpone an already hour
long debate about revoking ticket privi
leges. The Senate will revisit the issue at
next Wednesday’s Athletic Department Fi
nance Committee meeting.
University President Dave Frohnmayer
asked student government to consider the
issue at a meeting last week because it
“has become serious enough in recent
years to warrant some sort of action,” ac
cording to a press release from Student
Senate Vice President Sara Hamilton.
The ADFC, which acts on matters relat
ed to incidental fees allocation for the
Athletics Department, asked the Senate
for permission to write a formal recom
mendation to Frohnmayer. The ADFC pro
posal “strongly recommended” imple
menting a policy to punish one-time
offenders at games.
A split vote was broken by Senate Pres
ident Stephanie Erickson, who voted not
to allow the ADFC to write a proposal un
til further negotiation because she felt the
Senate should be in agreement before vot
ing on a draft.
Senators spoke out of turn and verbally
sparred with each other in attempt to nail
down a course of action. Other recom
mendations included publicizing un
sportsmanlike conduct and increasing se
curity at gates and the student section.
“I don’t support this decision at all,”
Senator:Mike Filippelli said. “(Students)
SENATE, page 16
Former tribal lawyer speaks on Native American land laws
University of Montana School of Law professor and author Raymond
Cross' talk is titled 'Law, Progress, and the American Indian'
BY EMILY SMITH
Raymond Cross, a University of Montana
School of Law professor and former tribal attor
ney for the Fort Berthold Indian Reservation, will
deliver a speech tonight about Native Americans
and land laws.
Cross will give the speech, entitled “Law,
Progress, and the American Indian,” which will
also cover Native American religion, in 182 Lillis
Business Complex at 7:30 p.m.
Cross is the great-great-grandson of a Man
dan/Hidatsa chief who sheltered explorers Lewis
and Clark during the winter of 1805. He has rep
resented Native Americans in some landmark tri
als, including the compensation claim against the
U.S. government for destroying 156,000 acres of
reservation land in North Dakota in
1949. The tribe was eventually
awarded $149.2 million in 1992 for
its loss, according to Cross’s biogra
phy page on the UM Web site.
His legal career is chronicled in a
recent book entitled “Coyote War
rior: One Man, Three Tribes and the
Thai That Forged a Nation. ”
Cross said in a phone interview
that he wants to lay out concepts
of law and progress that altered
ecological realities in the West,
including how non-Native Americans
dammed the Missouri, Columbia and Snake
rivers, and other land developing projects that
destroyed grass prairies while also harming
“It will focus on how a new view of law and a
new concept of what America could and should
TRIBAL LAWYER AND AUTHOR
oe in ngnt or tne iaea oi progress,
He explained that when pilgrims
came to the North American conti
nent, they threw out old European
laws and rules about developing and
preserving resources because Ameri
ca’s resources seemed inexhaustible.
The new settlers, however, did not
respect that the billions of acres of land
before them belonged to the Native
American inhabitants, he said.
John Marshal, former chief justice
ot the U.S. Supreme court, changed tana laws
and altered the property rights of Native Ameri
cans, giving the federal government control
over the entire continent, Cross said.
Cross represented Oregon’s Klamath tribe
from 1976-1980 and helped secure the tribe’s
water rights in the Klamath Marsh region,
which, he said, the tribe uses for fishing and
trapping and is important for migratory birds.
Experts from the University testified on behalf
of the tribe.
Professor Mark Unno invited Cross to the
University to speak about Native American reli
gion in conjunction with an innovative class
he’s teaching, Dark Self East and West, which
explores and compares Eastern and Western re
ligions. Unno said that while he knows a lot
about Eastern religions, he knows very little
about some Western religions, so he is trying to
bring in speakers who do.