[iwar] [fc:Colleges.Field.Law-Enforcement.Queries,.As.Bush.Team.Moves.to.Alter.Privacy.Law]

From: Fred Cohen (fc@all.net)
Date: 2001-09-24 12:16:51
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From: Fred Cohen <fc@all.net>
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Date: Mon, 24 Sep 2001 12:16:51 -0700 (PDT)
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Subject: [iwar] [fc:Colleges.Field.Law-Enforcement.Queries,.As.Bush.Team.Moves.to.Alter.Privacy.Law]
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September 24, 2001 

Colleges Field Law-Enforcement Queries, As Bush Team Moves to Alter Privacy Law

By JESS BRAVIN 
Staff Reporter of THE WALL STREET JOURNAL

Federal investigators have been asking college officials for information
on students who might be linked to the terrorist movement behind the
World Trade Center and Pentagon attacks, citing a "health and safety"
exception to the federal law that makes student records confidential. 

In addition, the Bush administration is asking Congress to permanently
amend the privacy law, so schools would be compelled to give the
government "education records and other information" about students
whenever the Justice or Education departments determine it could "assist
in investigating or preventing" terrorism, according to draft language
released last week by the Justice Department. 

Under current law, investigators normally must present a subpoena to
obtain student records other than "directory information," such as
names, hometowns and class years, that students have agreed to make
public.  Students must be notified whenever their information is
disclosed, unless the subpoena specifically bars doing so.  For foreign
students, regulations require schools to provide some information to the
Immigration and Naturalization Service upon request, regardless of
student consent. 

Following the Sept.  11 attacks, the Education Department has been
advising colleges that "the health and safety exception does apply at
this time as a result of the terrorist attacks," said Lindsey Kozberg, a
department spokeswoman.  About a dozen colleges have called asking
whether they should comply with law-enforcement requests, she said.  The
department's position was reported on Friday by the Chronicle of Higher
Education. 

Nevertheless, the Justice Department has acknowledged that such an
interpretation may be questionable.  In the analysis of its
Antiterrorism Act proposed last week, the department advised amending
the privacy law because "it is not clear that these exceptions are fully
applicable to the pressing need to share such information from student
education records."

College administrators said they have received a variety of inquiries
from the Federal Bureau of Investigation and the INS, both part of the
Justice Department.  Officials there didn't return calls seeking
comment, but the Antiterrorism Act analysis stated that "the department
believes that there may be information contained in student education
records ...  that could be important in the criminal investigation of
the terrorist attack of Sept.  11, 2001, as well to national security."
See full coverage of the attack's aftermath. 

Student records could contain information such as Social Security
numbers, financial-aid awards, course listings and grades, disciplinary
notices and possibly even religious background, if a student volunteered
it "with regard to providing campus ministry services," said Barmak
Nassirian, associate executive director of the American Association of
Collegiate Registrars and Admissions Officers. 

On Friday, FBI agents visited California State University, Dominguez
Hills, south of Los Angeles, said university spokeswoman Colleen
Bentley-Adler.  "They came in with the name of one [graduate] who
supposedly was on one of the flights" that crashed on Sept.  11.  "The
campus cooperated completely with them," she said, turning over records
without a subpoena. 

FBI agents also visited Cal State Hayward, near San Francisco, said
campus spokesman Kim Huggett.  The agents apparently were "tracking two
college-age men with the name bin Laden, at least one of whom was
supposedly living in a privately run dormitory near our campus," he
said. 

The FBI asked for a list of all students who enrolled since 1996 in the
aeronautics program at Middle Tennessee State in Murfreesboro, said Paul
Craig, the department chairman.  "We just gave them the names," he said,
adding that agents "did specifically ask if we were aware of any
students of Middle Eastern descent."

The privacy protections provided by the Family Educational Rights and
Privacy Act of 1974 were passed after revelations that the government
had spied on students involved in antiwar activities during the 1960s. 

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