(Pix (c) Larry Catá Backer 2014)
Universities have become willing partners in systems of privatized law making. Recently, universities have extended their complicity in these public-private regulatory complexes by extending a power to monitor and regulate a faculty's engagement with "foreign visitors" and more importantly with the people that a faculty member may see and engage with while that faculty member is abroad without the prior approval of the university. This should concern not merely faculty but anyone interested in the privatization of rights regimes to enable the state to constrain behavior indirectly that they would be unable to effect directly without public accountability, and perhaps constitutional constraint.
Set out below, besides a "model" of these university surveillance and approval systems, is information from the US Department of Commerce Bureau of Industry and Security on the "Denied Persons List" and its "Lists of Persons of Concern." Faculties are urged to engage with their administrators on this issue should it raise similar concerns--and legislators might be held to account within our democratic system for decisions that produce this state of affairs.