Mr. Richard A. Lanham, Sr.
Commissioner of Correction
6776 Reisterstown Road
Baltimore, Maryland 21215
Re: Computer Diskettes -- Allowability in Institutions
Dear Mr. Lanham:
Enclosed is a copy of a disk that has met with success in Israel; Denmark; the Netherlands; Mexico; Canada; Italy; Australia; New Zealand; Brazil; Great Britain; Estonia (former Soviet Union); Czechoslovakia; France; Green Bay, Wisconsin; Detroit, Michigan; Long Island, New York; Sunnyvale, California; San Antonio, Texas; the Education Department at the House of Correction (many years ago) and a number of other places. The same material is being distributed on CD-ROM and I understand you can also download it from Compuserve, USA Online and others.
The inmates can't read this diskette or the software on it with the "word processors" permitted by DCD. Although the disk is the same size and shape for their word processors, they don't have the proper operating system to be able to use it; they also don't have built-in speakers. The best they can do is erase it, reformat it to their configuration and start fresh. (That is to say, the inmates are unable to use their devices to utilize or acquire "software" other than that designed specifically for their systems.)
You cannot use this disk to communicate with mainframes, Department of Defense databases, credit card clearinghouses or any of the other notions shared by your security staff. You also cannot generate maps, drawings or diagrams, much less derive budgets or pay scales. On the other hand, if you want to further your First Amendment rights and certainly your Sixth Amendment right to access to the courts, you have to have a "word processing" machine of whatever design.
If you want to try the disk enclosed here, you have to have IBM-compatible DOS version 2.0 or above and a 3-" diskette drive. It is best to use an XT (8088) or AT (286) but the disk also works to a lesser degree in 386, 486 and Pentiums. Many people on different parts of the Earth use it successfully on laptops and notebooks. It doesn't use any more than 384K RAM. (I should note that if DOC cannot "read" this diskette for any of the limitations mentioned above, DOC cannot, by definition, be said to have "computers" or, at least, IBM-compatible computers.)
And, by the way, the leading caselaw on this topic is apparently Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) with additional teaching at Turner v. Safley, 107 S.Ct. 2254 (1987). This is only a preliminary finding -- further research might reveal one or more federal-level cases that are on point. Presumably, one would argue that there is precious little security interest in the diskette ban while there is considerable interest in the potential for rehabilitation.
I really think you should reconsider the policy on "data diskettes" which I hear has been implemented at ECI, MCIJ, RCI and perhaps other DOC facilities (but not at MHC or the Pen). I believe from a legal point of view, the Division is on very shaky ground. It is only a matter of time that someone will file under 42 U.S.C. 1983. That could get exhaustive and complicated.
If you have any questions or require further information, please do not hesitate to call.
Sincerely,
Nancy Moran
nm
enclosures
cc: Mr. Bishop Robinson (w/o enc)