Federal investigators have been enlisting the help of college administrators as they continue to track thousands of leads related to last month's deadly terrorist attacks.
In light of attacks, the FBI has been targeting college campuses and combing student records for clues that may lead to more information about the occurrences of Sept. 11.
So far, Penn officials have indicated that they have not received requests from the FBI, though this does not mean that the University is immune to this ongoing nationwide sweep.
"We understand that the FBI may be seeking information from colleges and universities about students, especially foreign students, in connection with its investigation of the terrorist attacks," Provost Robert Barchi said in an e-mail statement.
Investigators began looking at college campuses after learning that some of the alleged hijackers or their accomplices were in the country on student visas.
The FBI's inquiries at California State University presented requests of specific students that were under investigation. The administration at different campuses then provided the FBI with information about the students.
"We have been cooperating with the FBI fully and releasing the information that they have requested," said Colleen Bentley-Adler, a spokeswoman in Cal State's Chancellor's Office. "I haven't heard about anyone expressing concern about the investigations yet."
The Department of Education has encouraged universities to evaluate requests on a case-by-case basis.
In the event of a request from the FBI, Barchi explained how student records are protected from disclosure by the Family Educational Rights and Privacy Act and by the University's confidentiality policy. Even though the act permits disclosure of records in cases involving safety emergencies, the University's policy does not.
"Should [we] receive a request for student information, it is important that we review the request, [so] that privacy protections are preserved," Barchi said. "This means that we need to determine, on a case-by-case basis, whether disclosure is appropriate."
Regardless of University privacy policies, these recent investigations of records have raised concern about student privacy rights.
"I think that there are some serious problems with a government seizing or demanding production of private records," Penn Law Professor David Rudovsky said. "Normally, the Constitution would require a cause that [the student] might be involved. The fact that there is a large public safety issue doesn't necessarily eliminate this right."
Geoffrey Hazard, also a Penn law professor, agreed.
"The question is, `What's the law concerning the FBI's authorization of access?'" he said. "I suspect that the law is somewhat murky on that subject."
Hazard explained that universities have no legal obligation to respond to the FBI's requests for student records, although they run the risk of being taken to court if they choose not to release the requested information.
"I suppose that a university could say no, but then the federal government could go to court with them," Hazard said. "You don't want to spend a lot of effort and money on what would be a futile exercise."
The Penn chapter of the American Civil Liberties Union has also voiced its concern about the government's recent anti-terrorism measures.
"The release of student records constitutes an infraction of students' constitutional rights," said College sophomore Joshua Brown, president of Penn's ACLU chapter. "The University has a responsibility to ensure that the records of all students -- those from abroad as well as those from the United States -- are kept in the strictest confidence."
In addition to the question of privacy violation that these investigations raise, there has been an equal amount of concern expressed about occurrences of ethnic profiling as a result of the FBI searches.
The majority of the records that the FBI has pulled have been those of Arab students, which has led to some doubts about probable cause.
"I find it to be disturbing that most of the calls have been received by Arab students," said Engineering Senior Adey Salamin, a board member of the Penn Arab Student Society. "If you want to check a student, it's necessary for there to be evidence."
Even so, the nationwide sweep of student records has not created a stir on the Penn campus -- yet.
"I haven't heard of any particular international students expressing concern about their privacy being violated, although it's very possible that this may be happening in private," said Joyce Randolph, the executive director of the Office of International Programs at Penn.
