October 7, 2002

xxxxxxxx xxxxx, Principal Member
Che Cafe Collective
9500 Gilman Drive
Student Center 0323-C
La Jolla, CA, 92093

Re: Your letter dated September 20, 2002 to Gary Ratcliff responding to the email dated Tuesday, September 17, 2002 sent at 17:52:51 and the September letter from University Center Directory Ratcliff regarding to FARC web site hosted on burn.ucsd.edu web site.

Dear xxxxxx xxxxx,

The above referenced letter addressed to Gary Ratcliff, University Centers Director, dated September 20, 2002 was referred to me for response. First, it is my understanding that the Che Cafe Collective has discontinued both the hosting and the redirecting activities of the Revolutionary Armed Forces of Columbia[sic] (FARC) web site by "BURN!" web site (BURN). Thank you for making this correction. However, it is my further understanding that BURN continues to provide hosting services at http://burn.ucsd.edu/~ats/PKK/pkk.html for another foreign terrorist organization known as the Kurdistan Workers Party (PKK). Please discontinue the hosting and the redirecting activites for the PKK and for any and all other foreign terrorist organization on the current U.S. State Department foreign terrorist organizations (FTO) list.

In addition, the University of California, Office of the General Counsel has provided clarification of the University's responsibility with regard to links to an FTO web site using University computer resources. University attorneys advise that hosting or any form of redirection that results in an FTO web site with the "ucsd.edu" domain name is prohibited. Although the situation may change, the attorneys further advise that links to an FTO web site are not prohibited as long as the result is not an FTO web site that incorporates the "ucsd.edu" domain name in its address.

I'm also taking this opportunity to respond to the statements in your above referenced letter regarding the applicability of the Memorandum of Understanding between UCSD and AS/GSA/Co-ops (MOU), Sections II.B and C and Section XXII. In that regard, please be advised that the September 16, 2002 letter was sent in response to a complaint processed outside of the MOU in accordance with applicable UCSD policies per Section II.E of the MOU. That section states in the relevant part, "Nothing in this agreement** shall affect the authority of the University as an owner of the facilities to comply with legal requirements (per Article II; Section A... 4)..."** Bolding of text was added for emphasis. The complaint that prompted the 9/16/02 letter alleged that the FARC (Revolutionary Armed Forces of Columbia [sic]) is on the U.S. State Department's list of foreign terrorist organizations. The complaint further alleged that this same terrorist organization has a web site that is hosted by the University of California San Diego (on the burn server).

In closing, although the above referenced September 16, 2002 letter was directive in tone, it does not replace the UCSD Student conduct Coordinator's official notice of alleged misconduct. That letter was sent to you as a precautionary alert while the Student Conduct Coordinator completes his assesment of the complaint. You will note that the letter deliberately avoids any implication that you should refrain from sponsoring, operating of hosting the BURN web site itself. The letter's content was limited solely to our legitimate and serious concern raised by the prospect of the illegal use of UCSD computer resources to aid a foreign terrorist organization.

Thank you for your timely and cooperative response in this matter.

Sincerely,
Nicholas S. Aguilar, Director
Student Policies and Judicial Affairs

cc:Robert C. Dynes, Chancellor
Joseph W. Watson, Vice Chancellor Student Affairs
Carmen Vasquez, Assistant Vice Chancellor Campus Life
Gary Ratcliff, Director Univesity Centers
Marcia Strong, Assistant Director, Student Organizations and Leadership Office