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April 03, 1996 - Image 12

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The Michigan Daily, 1996-04-03

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12 - The Michigan Daily - Wednesday, April 3, 1996

LOCAL/STATE

City attorney
starts work with
lawsuit pending

By Will Weissert
Daily Staff Reporter
New Ann Arbor City Attorney
Abigail Elias started work Monday,
even though a lawsuit seeking to in-
validate her contract with the city is
still pending.
District Court Judge John Collins
said in a hearing Monday that he
wanted to review the case further be-
fore ruling on the
suit.
Attorney Tho- If she
mas Wieder and
University Law reluctant
third-year stu-
dent Jon Polish here that
filed a suit in
early January good si
claiming the con-
tract the Ann Ar-
bor City Council Attorney s
offered Elias vio-
lated the city charter because it al-
lowed Elias at least one year to move
to Ann Arbor from Detroit.
Elias originally declined the posi-
tion stating she did not want to force
her husband to commute from Ann
Arbor to Detroit and that the move
would complicate the couple's then-
pending adoption of a 3-year-old girl
from China.
To accommodate Elias' needs, the
council waived the residency re-
quirement. Elias then agreed to the
contract and began the job Monday
after commenting from her Detroit
home.
Weider said the two would con-
tinue to pursue the suit, despite the
fact that Elias has taken over city
attorney duties.
"We realize that she's started the
job and that the suit is still going on -
but that's something that couldn't be
helped," Wieder said. "It's not like
we waited around - these processes
just take a lot of time."
During the hearing Wieder main-
tained that other top city officials live
in Ann Arbor and that Elias should
also be required to live within city
limits.
Weider said her reluctance to move
to Ann Arbor was disappointing. "If

TI
3u

she's that reluctant to move here that
is not a good sign," he said.
Bruce Wallace, the attorney repre-
senting the city, told thejudge the city
council had the authority to waive the
residency rights.
Both Wallace and Ann Arbor Mayor
Ingrid Sheldon have said throughout
the case that if the contract is declared
invalid, the city will name Elias to a
special tempo-
rary city position
Atat until a new con-
tract can be
to move drafted.
Wieder said
is not a hiring Elias under
another title was
p inappropriate.
"If the judge
homas Wieder decides her con-
ling Ann Arbor tract is invalid,
the other side
keeps saying they will hire her a spe-
cial counsel to the city," he said. "We
don't think that is appropriate - the
job she will be doing is nothing like
the position of special counsel."
At the end of the hearing, Collins
said he would postpone his ruling
until he looked at a similar suit in
Ypsilanti and pending state legisla-
tion that would ban residency require-
ments.
Wieder said he didn't think further
research would affect the judge's de-
cision. "Those two other cases prob-
ably won't have any bearing on the
case," he said.
Both Wieder and Polish denied that
the suit was being insensitive to Elias'
family concerns.
"I'm not being insensitive to
women's rights," Polish said after fil-
ing suit. "I'm sticking up for the rights
of the voters."
Weider said the suit had nothing to
do with Elias personally - only her
contract with the city.
"This has nothing to do with Elias
or her qualifications, and I realize
that this will be inconvenient for her
if the judge sides with us," he said.
"But she waited this long and still
hasn't moved here and that's not our
fault."

KRISTEN SCHAEFER/Daily
Dennis Hayashi, a senior official in the Clinton administration, spoke about minority issues last night at the Law School.
iv RtdireCtor encourges
student aCtvm iSn1n pulC pOcy-

'U' student,
sentenced
to for
By Carissa Van Heest
Daily Staff Reporter
Thirty-four-year-old Rackham stu-
dent Kei Chi Chang is in jail today,
serving part of a one-year suspended
jail term that began Monday.
District Court Judge David Swartz
also sentenced Chang to two years pro-
bation after Chang pled guilty Friday to
aggravated stalkingofan Eastern Michi-
gan University student. 6
"He is serving the first 30 days injail
right now," said Ypsilanti attorney Scott
Keillor.
The victim, an 18-year-old EMU stu-
dent, accused Chang of stalking her for
14 months, during which he made ha-
rassing telephone calls and followed
her around campus at night.
"The victim was very pleased with
the sentence," said Sgt. Colleen New
ton of the EMU Department of Public
Safety.
Newton said she is also pleased.
"We were asking for more time in
jail, but we are happy that the judge
went outside of the probation depart-
ment recommendation and gave him
two years (ofprobation) instead ofone,"
Newton said. "I am happy he will see
some jail time."
Keillor said last night that Chang has
not contacted the victim or visited EMU '4
campus since the incidents ended.
"He is not going to have problems
with that anymore," Keillor said.
Chang was arrested in January for
harassing the EMU student by phone, at
which time the campus police obtained.
a warrant to search his apartment be-
fore arresting him Jan. 20.
When the University's Department
of Public Safety searched Chang's apart-
ment, officers found 560 works from
the University's libraries, said DPS
spokesperson Elizabeth Hall.
Chang has since been accused ofsteal-
ing more than $100,000 in books and
artworkfrom University libraries. Many
of the works are Asian erotica, Hall said.
Upon DPS' discovery of the books,
Chang told The Michigan Daily he had
legitimately checked out many of them
and himself owned some others.
"The big case now will be with U-
and the books," Newton said.

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THE
PRINCETON
REVIEW LSAT
What Makes Us So Good?

By Katie Wang
Daily Staff Reporter
Dennis Hayashi, the highest-ranking
Asian Pacific American member of the
Clinton administration, spoke yester-
day at the University Law School about
social issues confronting minorities.
With immigration and affirmative
action policies coming under fire na-
tionally and locally, Hayashi,the direc-
tor for the Office for Civil Rights in the
Department of Health and Human Ser-
vices, encouraged students of color to
become actively involved in public
policy.
"I feel very strongly that there is a lack
of minority representation in public
policy," Hayashi said. "There are a lot of
people in public policy who are in some
respect not in tune with the issues."
Hayashi said he is committed to
"strong and aggressive enforcement of
civil rights laws."
"Previous appointees (to the Office
forCivil Rights) were white males who
had little interest in enforcing the civil
rights laws," he said.
Hayashi specificaily addressed immi-
gration policies and affirmative action
programs. He said current debate in Wash-
ington, D.C.,aboutdenyingbenefits, such
PASSOVER
Continued from Page 1
program because "holidays are really
important to me and I didn't know what
else to do."
"(The local families) take the place
of your own family."
RC first-year student Dan Stahl also
will be spending his first Passover away
from home.
"I'm sure it'll seem like something is
missing because it's a major holiday,"
he said.
But he wanted the opportunity to
participate in a seder.
"I definitely wanted to have a seder
to go to both nights," he said.
Chabad House, an orthodox Jewish
cultural and religious center, also offers
an alternative for students who cannot
spend the seder with family.
The house is hosting two seder din-
ners and expects about 100 students to
attend.
"It's a home away from home," said
Rabbi Aharon Goldstein. He said Chabad
House wants to provide for the needs of
students who are away from home.
While the deadline has passed to par-
ticipate in Hillel's program, Chabad
House willhbe hosting seder dinners at 8
p.m. tonight and tomorrow.

as food stamps and Aid For Dependent
Children, to permanent residents is a
big concern for Asian Americans.
"Legislators are talking about the
costs of the benefits, not how they af-
fect the immigrants," he said. "Every-
thing in Washington carries a price tag
- we're not talking about Asian Pa-
cific Americans and the effects of the
benefits, we're talking about money."
Hayashi said that because the potential
impact of any changes in immigration
policies would weigh heavily on Asian
Pacific Americans, it is crucial for the
Asian Pacific American community to
exert political influence in Washington.
"There is a lack of political clout of
Asian Americans in Washington," he
said. "(Therefore) it seems like nothing
to terminate benefits to Asian Pacific
Americans."
Hayashi was appointed director of
the Office forCivi I Rights in June 1993.
As the director of OCR, he is respon-
sible for ensuring programs and activi-
ties that receive funds from the Depart-
ment of Health and Human Services are
in compliance with all civil rights laws.
Hayashi has also examined affirma-
tive action policies to see what adjust-
ments, if any, need to be made.

Bill would hack computer crime

Hayashi said the idea of limiting af-
firmative action to African Americans
was considered but rejected because
"affirmative action not only is designed
to prevent and mediate discrimination,
it was also designed as a tool to prevent
discrimination."
H ayashi ended his speech urging stu-
dents to come to Washington to make
their views known.
"I think it's really a failure on part of
students to not become politically en-
gaged in something that concerns them,"
he said.
LSA first-year student Christina Lee
said Hayashi's speech "really motivated
me to get more involved."
"I think the reason why we never get
involved is because we're 'not moti-
vated and because in high school we
never learn about Asian American is-
sues," Lee said.
Kim Nakahara, a graduate student in
the School ofPublic Policy, said she was
pleased that Hayashi encouraged more
student involvement in public policy.
"Hearing him try to solicit input from
us is a very encouraging sign that there
are people out there (in the federal gov-
ernment) who want to hear what we
want to say," Nakahara said.

LANSING (AP) - Hackers using
their computers to steal private infor-
mation or break into confidential areas
would face harsh new penalties under
legislation unveiled yesterday.
House Republicans hope their eight-
bill package will crack down on com-
puter crime and telecommunications
fraud in Michigan. The bills would cre-
ate some new crimes, increase penal-
ties on some existing ones and provide
other tools intended to make prosecut-
ing computer criminals easier.
The bills are aimed at anyone who
commits a crime using a computer -
such as hackers trying to use others'
credit cards and telecomniunicatioiis
employees selling phone numbers to
drug dealers.
"It comes down to preserving your
personal identity, and we're hearing
more and more about that being sto-
len," said Rep. Chuck Perricone (R-
Kalamazoo Township), the sponsor of
one the main bills.
Kirk Tabbey, a Jackson County as-
sistant prosecutor, said the legislation
would give law enforcement specific
charges with which to go after crimi-
nals, rather than leaving them search-
ing through federal and state law for an
applicable charge.
Another important provision of the
package would allow law enforcement
to seize computers or any telecommu-
nications equipment used in the crime

as well as any financial gains, said
Tabbey, also on the Michigan Com-
puter Crime Task Force.
The legislation is likely to be used as
a national model for other states, Tabbey
said. The American Legislative Ex-
change Council set up a panel on com-
puter crime to develop such a model
after hearing a presentation on the
Michigan bills, he said.
Howard Simon, executive director of
the American Civil Liberties Union of
Michigan, praised the lawmakers' effort.
"That kind of
protection of pri-
vacy is clearly to It CV5
be applauded," to resei
Simion said.
Though thebills p
do not appear to
attempt to limit - C
free speech in R-Kalan
cyberspace,
Simon said the ACLU will examine
them closely to be certain.
The ACLU is leading a constitutional
challenge by 19 groups to an anti-inde-
cency provision in a new, sweeping fed-
eral telecommunications law. The groups
argue the federal law would violate pri-
vacy rights and strangle free speech on
the Internet and other computer networks.
The Michigan legislation, to be in-
troduced April 16, contains two main
bills. Perricone's bill would address
computer "trespassing" by making it a

crime to gain access to someone else's
computer program or system without
specificpermission. It also would stiffet
penalties for unauthorized access to
databases and computer programs.
"It's really breaking and entering and
invading the privacy of people's
homes," said Rep. Jim Ryan (R-
Redford). "Just like violent crimes,
people can suffer from this, by losing
money and feeling violated. We really
don't know how far-reaching it is."
The other main piece of the package

nos down
rving your
identity."
huck Perricone
mazoo Township

targets telecom-
munications fraud
which thelawmak-
ers said costs long-
distance compa-
nies in the country
$500 million a
year.
Crimes would
include telecom-

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munications employees selling phone
numbers or service; obtaining servic
under a false name; cloning cellula
phones; and avoiding phone charges.
The bills also would prohibit using
computer bulletin boards to publish or
trade stolen phone and credit card num-
bers, child pornography and obscene
material. Another measure would al-
low prosecution either where the crime
was access was gained or fraud com-
mitted, or where the computer which
was used in the crime was located.

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