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Article View: comp.org.decus
Article #299

Re: membership into DECUS

#299
From: Paul Robinson
Date: Sun, 11 Oct 1992 09:36
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> The bottom line is that there now is precidence for the Board of the  
U.S.
 
> Chapter to deny anyone membership and throw them out of a DECUS event  
with
 
> out any due process (I believe that they violated the bylaws when they
 
> threw him about and when they denied him membership in the chapter). 
 
 
 
If this is true, Mitnick has an excellent case to sue DEC!  There is  
probably case law on this, since the Bylaws may represent an implied
 
contract between persons who are members of DEC and the company's
 
DECUS division.  (As you stated, DECUS is a wholly-owned subsidary
 
of DEC, and, based on the rather excessive charges for EVERYTHING
 
DECUS puts out, probably a profit center, too.)  
 
 
 
There is precedent on almost the same issue in employment lawsuits,
 
and the Bylaws could be held to be of the same nature as an Employee
 
Handbook.
 
 
 
I might be wrong on this point.  Did Mitnick break into one of Digital's  
sites or did he and his assistant break into a DEC computer which was
 
owned by a customer?  If the former, then DEC could, conceivably, have
 
the right to impose an "interdict" upon a person who committed a crime
 
against them.  
 
 
 
If, on the other hand, Mitnick broke into the computer of a private  
company, not affiliated with DEC, then DEC is on very shaky legal ground  
to impose what amounts to a boycott upon a specific individual absent
 
some evidence that there is reason to believe that he might commit a 
 
crime against them.  And since what he was ejected from were educational
 
seminars and not, for example, a "hands on tutorial" on how to use a 
 
particular computer and/or application, they are on *extremely* weak
 
grounds.  
 
 
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From: Paul.Robinson@f417.n109.z1.fidonet.org (Paul Robinson)
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Newsgroups: comp.org.decus
Subject: Re: membership into DECUS
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Date: Sun, 11 Oct 1992 04:36:18 -0500
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