The College has not received this letter or any other requests of this type, according to President Tom Gerety.
"In general, we will abide by the law," Gerety said. "However, if such a request were to come in, I would want to see the legal basis for it, whether by subpoena or by statute."
The letter has called into question what rights colleges and universities have regarding the release of this information, particularly in light of the federal government's attempt to fight terrorism.
The U.S.A. Patriot Act and the Family Educational Rights and Privacy Act (FERPA) are the two pieces of legislation that law enforcement officials and the Association of American College Registrars and Admissions Officers (AACRAO) are using to justify their claims, but have very different interpretations of these laws.
FERPA states that if there is no court order, institutions have the right to decide for themselves what information is available, according to a representative of the AACRAO in a statement to The Chronicle of Higher Education.
The Patriot Act also contains privacy protection for students by prohibiting law enforcement officials from collecting information about large classes of people according to gender, nationality or race if the data are not needed for an investigation into a particular incident or crime, according to The Chronicle.
The Nov. 4 letter sent by the FBI to several colleges across the country asks them to supply information about their foreign students. The letter specifically requested names, addresses, telephone numbers, citizenship information, places of birth, dates of birth and any foreign contact information for the past two years, according to The Chronicle.
Refusing to release student information without a court order is the policy that the College has always applied in these matters, according to Associate Dean of Students Frances Tuleja.
"People think that the U.S.A. Patriot Act permits government agencies to ask for and receive whatever information they want, but it does in fact require a court order," said Tuleja. "Respecting the rights of students is our primary goal."
Tuleja said that if the College received a request for information, the administration would discuss the matter with the College's attorneys and get their legal advice.
"My hunch is that there is plenty of authority in the government to ask for plenty of information," said Gerety. "But we would be loathe to simply hand anything over because we would want to know on what basis they were making these requests."
Some international students said that they were not bothered by the possible release of their biographical information. "I wouldn't mind if they released my information," said Ding'an Fei '06 who is from Shanghai. "Of course they should ask me before they do it." Ke Li '04, also from Shanghai, expressed similar feelings. "I do think the government should have a specific reason for requesting certain information," he said.
In a statement on its website, AACRAO reminded its 10,000 members that any release of restricted information without a student's consent requires a subpoena. However, the FBI stated otherwise in its letter. The letter specifically quotes the federal privacy law, which "does not prohibit an educational institution from releasing a student's place of birth, citizenship, or foreign contact information," according to The Chronicle.
The letter also states that the Patriot Act "has further granted educational institutions authority to release information to the federal government for use in combating terrorism."
However, the FBI has said that it expects each institution to set its own policy and give what information it feels is appropriate. "What we're doing is consistent with the law," said Paul Bresson, a spokesman for the Bureau in an interview with The Chronicle. "There is nothing that prohibits us from asking for this kind of information."
Members of the AACRAO and many colleges across the country disagree with Bresson and feel the FBI has no legal right to request student information without a court order.
"The FBI is trying to do what the U.S.A. Patriot Act prevents and FERPA has long prevented," said Becky Timmons, director of government relations at the American Council on Education, to The Chronicle.
According to Tuleja, the Immigration and Naturalization Service (INS), had a minimum information requirement for foreign students before Sept. 11th. All international students must fill out an I-20 AB Form before applying to the College, which certifies to the INS that the student has met all the admission requirements of the College. The I-20 form must be taken to the U.S. embassy in the student's home country in order to apply for an F-1 Student Visa.
According to Tuleja, the I-20 form for every foreign student is kept on file at the College and contains the student's biographical information. "Only an INS official can request a student's I-20 form," said Tuleja. "And they must submit their request in writing at which point we would notify the student about the matter."