Soghoian upset by University's lack of support

Though University policy prevented IU attorneys from giving doctoral student Chris Soghoian legal representation during a recent FBI investigation, Soghoian has voiced his discontent for the school's lack of support.\nSoghoian, whom the FBI was investigating because he created a fake boarding pass generator online as part of research for his dissertation, said he thinks the University should stand behind its researchers regardless of whether they are conducting research for University purposes. The Office of the University Counsel denied Soghoian's request for legal representation last month just hours before the FBI contacted him.\nUnder current IU policy, the office could not officially assist Soghoian, said Beth Cate, associate IU counsel. However, she said the counsel's office did as much as the policy would allow in advising Soghoian on where to seek legal services.\n"We had talked at lunch, and later that day the FBI contacted him," Cate said. "We discussed this issue of defense and indemnity and later he called asking where he could go for legal representation." \nShe added that she explained the University could not provide him legal protection because he did not meet the specific criteria.\nThe trustees enacted these policies for legal protection in a 1971 resolution, which specified the conditions under which the University would be obligated to provide legal aid.\nTo qualify for legal assistance, a person must pass two sets of criteria, according to the document. First, he or she must be acting as an "agent" of the University. Second, the person must have been acting "in good faith," or in actions that were considered in IU's best interests.\n"(Soghoian's) circumstances simply did not meet the threshold inquiry," Cate said, explaining that because his research was not University-sponsored or under any type of grant, he was not officially acting as an agent of IU. "We did not even make it to the second part."\nHowever, for Soghoian, this was not enough.\n"This institution has acted disgracefully," he said.\nAlthough IU might be considered one of the top universities for Informatics security research, if University officials do not protect its researchers, the University is going to have difficulties recruiting, Soghoian said.\n"If they want to share in the limelight, they need to share in the risks and costs," he said.\nEven with Soghoian's complaints, Cate said the counsel's office rarely handles this type of request. The office often receives calls from researchers requesting legal or ethical advice, she said, but it is uncommon for it to receive requests for formal legal representation.\n"This policy really only gets triggered if someone gets sued -- which is quite rare," she said. "It really does not tend to come up very much." \nIt is even less common that someone seeking assistance is denied, Cate said, adding that she could not even remember the last time this had happened.\nShe said most research institutions have incorporated similar procedures to IU's.\nIU trustee Sue Talbot said the board will soon be "readdressing" the resolution, which has been in effect for about 35 years.\nHowever, Larry MacIntyre, director of IU media relations, said he had no knowledge that the trustees would bring the policy into question anytime soon.\nAlthough the University was only able to offer Soghoian minimal assistance, it has begun taking steps to better inform researchers, especially within the School of Informatics, of their legal securities. \nIU has begun planning a program in the spring through the Office of the Dean of Faculties that will aim to better inform researchers within the School of Informatics of their opportunities for legal protection.\n"The University is making sure both faculty and students know better the legal and ethical issues that could be raised with certain types of research," Cate said. "We want to make sure they know what the limits of the University's ability to defend and indemnify are so these situations do not occur"