Policy
The basic premise of this policy is that responsible and acceptable use of the
ASL information systems does not extend to the limits of what an individual
is capable of doing. Instead, certain principles provide a guide to users regarding
responsible and acceptable behaviors and users are responsible for knowing
and understanding them. These principles and guidelines include, but are not
limited to:
Purpose of Use. The ASL information systems
were funded and developed for the sole purpose of promoting
and supporting
the mission of ASL. Use of these systems should similarly promote
and support ASL’s mission.
Limited Access License. Users of the ASL information systems
include students, faculty and staff who have been granted a
username and password, and members of the general public, all
of whom use or access ASL information systems either on- or
off-campus. Access to certain ASL information resources by
members of the general public is limited; however, use of any
ASL information resources by members of the general public
is subject to at least the same restrictions on use imposed
by this policy as are imposed upon ASL students, faculty and
staff who have been granted a username and password. The username
and password combination provided to students, faculty and
staff represents a license to access and use the components
of the ASL information technology environment for which each
individual user is specifically authorized.
Use Subject to Existing Policies and
Law. All users must abide
by all applicable institutional policies along with applicable
local, state and federal laws and regulations.
No Excessive or Commercial Use. The resources of the ASL information
systems are finite and shared. Appropriate and responsible
use of these resources must be consistent with the common good.
The information systems may NOT be used for commercial or profit-making
purposes other than ASL-sponsored or approved grant requests,
research, publications or projects.
Content. ASL does not monitor or generally restrict the content
of material stored on or transferred through the components
of the information systems and takes no responsibility for
the content of information, except for information that ASL
itself and those acting on its behalf create. Any persons accessing
information through the ASL information systems must determine
for themselves and their charges whether any source is appropriate
for viewing. However, because use of the information systems
is a privilege and those systems are not a public forum, ASL
reserves the right to restrict or deny usage of the information
systems when such usage does not promote or support the mission
of ASL.
Intellectual Property Protection. Users must adhere to applicable
legal and appropriate ethical standards governing copyright,
software licensing, and intellectual property. Specifically,
most software available for use on computers at ASL is protected
by federal copyright laws and much of the content of information
resources accessible on the Internet or through other ASL information
systems is also protected by federal copyright laws. Educational
institutions and their students, faculty and staff are not
exempt from the laws covering copyrights. It is the policy
of ASL to respect the copyright protections given to software
owners by federal law. In addition, software is normally protected
by a license agreement between the purchaser and the software
seller. The software provided through ASL for use by faculty,
staff, and students may be used only on computing equipment
as specified in the various software licenses. It is against
ASL policy for faculty, staff, or students to copy or reproduce
any licensed software on ASL computing equipment, except as
expressly permitted by the software license. Also, faculty,
staff, and students may not use unauthorized copies of software
on ASL-owned computers or on personal computers housed in ASL
facilities. Unauthorized use of software is regarded as a serious
matter and any such use is without the consent of ASL and subject
to possible disciplinary and legal action. For purposes of
the Digital Millennium Copyright Act, the designated agent
for notifications of claimed infringement is Dean Clinton W. Shinn, Appalachian School of Law, P.O. Box 2825, Grundy,
VA 24614, telephone: (276) 935-4349, email: wshinn@asl.edu.
Unauthorized Use of Name or Logo. Web pages other than those
included in the official ASL web site may NOT contain any official
ASL logo or otherwise indicate that they are sanctioned by
ASL.
Limited Expectation of Privacy. The maintenance,
operation, and security of computing resources require ASL
to monitor
and access its computer systems. Subject to applicable law
and to the extent possible in the electronic environment and
in a public setting, institutional monitoring and access will
be done in a way that preserves a user’s privacy. However,
in the event of suspected abuse of computing resources or suspected
violations of this or other policies of ASL or suspected violations
of law, ASL (acting through the Computer Administrator (“Sysadmin”),
under the direction of the President and the Dean) may:
1. access all user information and files necessary to investigate
the suspected abuse or violation;
2. make this information and these files available to any
resulting or related grievance or disciplinary proceeding,
to law enforcement agencies, or to courts or other governmental
bodies; and
3. suspend the user’s access to computer
resources pending the outcome of the investigation or any
resulting proceeding.
Academic Freedom; Limitations on Dissemination. It is the policy of the Appalachian School of Law that the
same standards
and principles of intellectual and academic freedom and personal
responsibility used in ASL’s classrooms and library and
other aspects of life at ASL be applied to access for the ASL
community to resources available through computer networks.
While the resources and discussions on such networks are not
truly analogous to classrooms or libraries, the standards of
academic freedom and personal responsibility used in those
settings should be applied. ASL’s overall principle is
that, subject to applicable laws, information shall not be
censored. There may be some instances, however, in which resources
on ASL’s computer network will be made available on a
limited basis. The potential reasons for limited dissemination
include illegality of content, privacy rights of individuals,
licensing agreements that define the audience of a given resource,
cost factors, and technological constraints.
Examples of Violations. Examples of possible violations of
this policy are listed below. These examples should not be
interpreted as an exhaustive list of violations, but are merely
intended as an illustrative list of acts that could violate
this policy. Questions regarding the appropriateness of specific
behaviors should be directed to the Sysadmin.
a) Furnishing false or misleading information
or identification in order to access another user’s
account
b) Using another person’s username/password
or letting someone else use your username/password
c) Investigating, reading or attempting
to access another user’s files without permission
d) Accessing or attempting to access another
user’s
computer without permission
e) Attempts to access or manipulate components of the information
technology environment without authorization
f) Alteration of software, data, or other files without authorization
g) Disruption or destruction of equipment or resources
h) Using subterfuge to avoid being charged
for computer resources (such as printing charges) or deliberate,
unauthorized use
of another user’s account to avoid being billed for services
i) Copying or attempting to copy data or software without
authorization
j) Sending mail or a program which will
replicate itself or do damage to another user’s account
or computer equipment or files
k) Interfering with legitimate work of another user
l) Sending abusive, harassing, threatening, defamatory or
obscene messages
m) Viewing or listening to objectionable, obscene, pornographic,
or harassing material in public areas
n) Excessive recreational use of resources
o) Sending chain letters or unauthorized mass mailings or
transmitting a crippling number of files across a network
p) Sending hoax messages or forged messages,
including messages sent under someone else’s username
q) Modifying system or security settings on any ASL computer
without authorization
r) Adding system passwords (as opposed to user passwords)
to any ASL computer, or changing system passwords on any ASL
computer without authorization
s) Threatening or harassing staff over computer issues
t) Any activity or action that violates
ASL’s Honor
Code, faculty/staff policies, other policies, or federal, state,
or local laws.
Application
This policy applies to all users of computer information systems and networks
at ASL who use or access ASL computer systems either on- or off-campus, including
students, faculty, staff, and members of the general public.
Enforcement
Violation of these guidelines constitutes unacceptable use
of information resources, and may violate other ASL policies
and/or state and federal law. Suspected or known violations
should be reported to the Sysadmin, or to the Dean or President.
The appropriate ASL authorities and/or law enforcement agencies
will process violations. Violations may result in revocation
of computing resource privileges; grievance proceedings for
honor code or other violations; faculty, staff or student
disciplinary action; or civil or criminal legal action. Violations
are subject to the appropriate grievance, disciplinary, or
appeal process, depending on the status of the alleged violator.
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Commentary
to
Appalachian School of Law
Acceptable Computer Use Policy
Introduction
The information systems discussed above involve not only the superficial wires,
equipment and devices of the data information networks on and beyond the ASL
campus but also the more subtle milieu created by the integration of these
technologies into our everyday life situations. In this respect the whole is
much greater than the sum of the parts and thus the effect of inappropriate
use of these resources can be much greater than might be imagined. This should
not be a cause for hesitation about their use but merely a call for thoughtful
consideration of action.
In describing the responsibilities and acceptable behaviors
related to the information systems, certain analogies can be
drawn. Social norms, behaviors, and responsibilities associated
with the use of electronic communication, publication, media,
and access authorization are little different than the conventional
mediums with which we are all familiar, although additional
conventions and social norms are developing for the use of
electronic communication and media. For example,
E-mail or electronic mail is just another form of mail or
communications. Users should remember, though, that e-mail
communications can be easily forwarded and reproduced and published
on a wide scale, making the potential impact of the communication
much greater than intended by the original author. E-mail is
also subject to legal discovery.
Posting to a news group or a class discussion list is the
same as posting a notice or comment on a bulletin board, newsletter,
letter to the editor, call to a talk show, etc. The possibility
of re-publication that is present with e-mail becomes a certainty
in this context; users should assume that all such remarks
are public remarks.
Participating in a chat group is the same as participating
in discussions anywhere a group might congregate face-to-face,
e.g., in a class, student center, recreation room, lounge,
church group, etc. Again, users should assume that all remarks
made in this context are public remarks.
Creating a WWW or World Wide Web presence
is the same as publishing (i.e., making public) your own
magazine, memoirs, diary, biography,
press release, newsletter, etc. Consequently, you are not only,
typically, the author but also, perhaps more importantly, you
become the editor and publisher and are responsible for your
publication from a legal standpoint. By definition, posting
material to the WWW will in most cases involve “publication” of
the material in a legal sense. With respect to such materials
published using ASL information systems, even though ASL is
not the publisher, editor, or author, it is the provider of
the publication resource and, as such, is associated with your
publication. Therefore, ASL maintains the right to restrict
or deny use of this resource when usage does not promote or
support the mission of ASL.
User id and password combinations are your
identity and license to use and access limited portions of
the information systems.
In this sense they are like a driver’s license. Impersonating
another individual, or allowing another to impersonate yourself
is not acceptable behavior.
The computing systems used for mail, WWW, and other technologically
augmented services are similar to an assigned work or office
space. The space (and some of the content) belongs to ASL,
but in some instances other personal items in the room may
belong to you. In this sense ASL will endeavor to provide a
reasonable amount of security to protect your personal property
but cannot assume full responsibility for it nor guarantee
full privacy (if you are concerned about the inadvertent disclosure
of information you should protect these items in another way).
Existing Legal Context
All existing laws (federal and state) and ASL regulations and policies apply
to use of ASL information systems, including not only those laws and regulations
that are specific to computers and networks,[2] but also those that may apply
generally to personal conduct.[3]
Users do not own accounts on ASL computers,
but are granted the privilege of use. Under the Electronic
Communications Privacy
Act of 1986 (18 U.S.C. § 2510 et. seq.), users are entitled
to privacy regarding information contained on these accounts.
This act, however, allows the Sysadmin or other ASL employees
to access user files in the normal course of their employment
when necessary to protect the integrity of computer systems
or the rights or property of ASL. For example, the Sysadmin
may examine or make copies of files that are suspected of misuse
or that have been corrupted or damaged. User files may be subject
to search by law enforcement agencies under court order if
such files contain information that may be used as evidence
in a court of law. In addition, student files on ASL computer
facilities are considered “educational records” under
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
section1232g).
Users may be held accountable for their
conduct under any applicable ASL policies or procedures.
Additionally, misuse
of computing, networking or information resources can be prosecuted
under applicable state and federal statutes. Illegal reproduction
of software and other intellectual property protected by U.S.
copyright law is subject to civil damages and criminal punishment
including fines and imprisonment. ASL supports the policy of
EDUCOM on “Software and Intellectual Rights.”
Enforcement
The Sysadmin is authorized to engage in investigations of violations of this
policy and apply certain sanctions to enforce this policy.
These sanctions include, but are not limited to, temporary
or permanent reduction or elimination of access privileges
to any or all of the components of the information systems.
If, in the opinion of the Sysadmin, it is necessary to preserve
the integrity of facilities, services, or data, the Sysadmin
may suspend any access, whether or not the account owner is
suspected of a violation. In such a case, the Sysadmin will
attempt to notify the affected user of any such action after
the potential threat to the facilities, services, or data is
contained.
If an investigation is required it will be done only under
the direct authorization of the President and the Dean and
all effort will be made not to disclose any content of files
to anyone other than those with a need to know during the investigation
or adjudication of the alleged offense.
Consequences of the discovery and investigation
process or normal maintenance might include the inspection
of files contained
in an individual’s storage space or monitoring selected
traffic on the networks. Again, all effort will be made not
to disclose any file content to anyone other than those with
a need to know. However, where there are moral, ethical, or
legal implications of the nondisclosure of such information,
the Sysadmin is instructed to contact the President and/or
the Dean, who may authorize disclosure to appropriate authorities
if deemed warranted.
Unless, in the opinion of the Sysadmin,
such notification would likely result in damage to files
or system resources,
or eminent harm to an individual or the school, or possible
destruction of evidence, an individual accused of a violation
of this policy will be notified and have an opportunity to
respond before a final determination of a sanction is made.
Subject to any applicable ASL policies and applicable laws
and regulations, the President or his designee, or other appropriate
authorities (e.g., the Dean, ASL’s legal counsel, and/or
the appropriate grievance process authority) will examine the
available evidence and circumstances. If a sanction is levied
through any grievance or disciplinary process, the decision
may be appealed through the appropriate channels.
Academic Freedom
This policy is in keeping with ASL’s commitment to academic freedom.
The commitment is expressed in the faculty governance policies of ASL which
endorse the “Statement on Academic Freedom” in the 1940 Statement
of Principles of the American Association of University Professors (AAUP),
a copy of which is attached to this policy as Appendix
A. ASL’s commitment
parallels the national “Library Bill of Rights,” which affirms
the importance of making information and ideas available in an environment
free from censorship; a copy of the Library Bill of Rights is attached to this
policy as Appendix B.
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[1] Approved by the faculty December 6, 2000;
approved by the Board of Trustees December 12, 2000. This policy
is based in
part on computer use policies from Marshall University, the
University of California at Davis, the University of Virginia,
and the University of Nebraska.
[2] For example, the Federal Electronic Communication
and Privacy Act of 1986, the Computer Fraud and Abuse Act of
1986, The
Computer Virus Eradication Act of 1989, the Digital Millennium
Copyright Act, the Virginia Computer Crimes Act, and the Electronic
Communications Privacy Act. Text of these and other applicable
statutes can be found at the ASL library.
[3] For example, state and federal statutes
regarding obscenity, such as Va. Code §§ 18.2-372
and 18.2-374, and 18 U.S.C. § 1465.
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