"However," he emphasized, "the U.S. Governmentis going to have to explain if they don't chargeher, why not."

Harvard

University officials said this week they wereuncertain what action Harvard would take if such asituation were to happen here.

"It's a very difficult question and I justdon't know what action Harvard would take," saidUniversity Attorney Allan A. Ryan, Jr. "There isno rule that regulates the content of whatstudents write--whether they pass it out inHarvard Square or put it on the Internet--but thatdoes not mean that their actions have noconsequences."

"If a student makes a threat against anotherstudent, he must deal with the consequences ofthat, but it's very hard to announce specificrules in advance," Ryan said.

"In some circumstances making threats can bepunished under the criminal laws inMassachusetts," he added. "The AdministrativeBoard could certainly take action where thethreats constituted a disciplinary problem."

"All of this would need to be discussed withthe Dean of Students and the Ad Board," saidFranklin M. Steen, director of the Harvard Artsand Sciences Computer Services.

"We only provide the wire," Steen said. "Theactions that students take are dealt with by theusual authorities whether they are on the network,on the phone, on paper or other. If a complaintcame in, we would take it to the Dean of Studentswho would decide if the Ad Board should becalled."

Steen emphasized that "the same standards applyto electronic communication as they do totelephones, written and oral communication."

Virginia Mackay-Smith, secretary to theAdministrative Board, did not return repeatedphone calls this week.

"It's very hard to say what the Ad Board woulddo because the Ad Board traditionally decidescases one at a time based on all the facts andcircumstances of that case," Ryan said.

"I don't think the Ad Board would take actionsimply because a student writes pornography, butthe variables are so great that it is difficult tomake predictions with any specificity."

But one lawyer argued that the Ad Board shouldnot punish any student who took similar action tothat in the Baker case.

"I don't think [Harvard should punish thestudent if the situation happened here], and Icertainly hope not," Dershowitz said. "We practicefree speech in this university, unlike in someother universities.