From: kadie@cs.uiuc.edu (Carl M. Kadie)
Subject: Re: Looking for info: e-mail privacy/security legal stuff
Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
Date: Tue, 10 Nov 1992 16:55:57 GMT

Here are two FAQ's that you may find useful.

=============== ftp.eff.org:pub/academic/faq/email.policies ===============
q: Do any universities treat email and computer files as private?

a: Yes, many universities treat email and computer files as private.
Here are excerpts from their policies or policy drafts.

# University of Illinois at Urbana-Champaign

Network and system administrators are expected to treat the contents
of electronic files as private and confidential. Any inspection of
electronic files, and any action based upon such inspection, will be
governed by all applicable U. S.  and Illinois laws and by University
policies.

# Ohio State University - Computer and Information Science Department

It is recognized that computer files are a new form of property
separable from the media with which they are recorded, and that close
analogies can be found between the uses of computer files and of
various other forms of physical property. The Department shall use
these analogies in making decisions about the appropriate use of
computer files and the protection of their privacy, extending as
nearly as possible exactly the same protection to computer files as is
traditionally extended to the analogous physical property.

The spirit of this policy is that the file space provided by the
University to individuals has exactly the same status as analogous,
more tangible facilities also provided by the University. Such
facilities as private library carrels, dormitory rooms, and gym
lockers are technically owned by OSU, and may be entered only for
''administrative'' purposes such as building maintenance. Similarly,
the computers and computer files of students, staff, and faculty
members, being electronic extensions of their personal work areas, may
not be inspected, copied, changed, or otherwise tampered with without
the permission of the owner, except for purposes relevant to the
administration of the computer system. Notice that copying (i.e.,
stealing or ''pirating'') computer software is also prohibited under
this policy.

# Dalhousie University

Nothing in this Guide diminishes the responsibility of system
administrators of computing services to take remedial action in the
case of possible abuse of computing privileges.  To this end, the
system administrators with the approval of the President and with due
regard for the right of privacy of users and the confidentiality of
their data, have the right, to suspend or modify computer access
privileges, examine files, passwords, accounting information,
printouts, tapes, and any other material which may aid in an
investigation of possible abuse.  Whenever possible, the cooperation
and agreement of the user will be sought in advance.  Users are
expected to cooperate in such investigations when requested.  Failure
to do so may be grounds for cancellation of computer access
privileges.

# Draft - James Madison University

     c.   Students, faculty and staff who use the computer have
          the right to privacy and security of their computer
          programs and data.  Computer users should not tamper
          with files or information that belong to other users or
          to the operating system.

# Draft - Michigan State University College of Engineering

3.2  Staff should at all times respect the privacy of user files,
     mail, and printer listings (but see Staff Rights below).

# University of California at Berkeley Open Computing Facility

              7.6.  Privacy
              Individuals' rights of privacy shall not be violated  without
              reasonable cause.

# University of Michigan

The University characterizes as unethical and unacceptable, and just
cause for taking disciplinary action up to and including
non-reappointment, discharge, dismissal, and/or legal action, any
activity through which an individual:
[...]
(e) without authorization invades the privacy of individuals or
entities that are creators, authors, users, or subjects of the
information resources,


This policy is applicable to any member of the University community,
whether at the University or elsewhere, and refers to all information
resources whether individually controlled, or shared, stand alone or
networked.

# New Mexico State University

All computer users have two basic rights -- privacy
and a fair share of resources.

# University of Pittsburgh

Every member of the University of Pittsburgh has two basic rights
regarding computing -- privacy and a fair share of resources.

# Washington University Center For Engineering Computing

PRIVACY

All user accounts are considered the private domain of the user who 
owns them.  All users should expect that, regardless of the 
protections set on their files, they will not be read by others.
System Management personnel will only view users' files under 
exceptional circumstances.

# Draft - University of New Mexico

UNM recognizes that files and mail messages are confidential.
Appropriate UNM employees may access computer users' files during
normal maintenance and will report unlawful activities to the proper
authorities.

# Purdue University Computer Center (Staff regulations)

    *	Don't inspect private user files and mailboxes unless the
	administration of a Computing Center system requires it.

# Kansas State University

The third category is access to another user's account and/or files or
electronic mail for the purpose of invading an individual's privacy.
This is considered breach of privacy and is prosecutable under Kansas
law.

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
faq/email.privacy
=================
* Email -- Privacy
 
q: Can (should) my university monitor my email?
 
a: Ethically (and perhaps legally) email communications should have
...

=================
policies/uiuc.edu
=================
* Edu -- U. of Illinois at U-C -- Privacy

This is the University of Illinois's Interim E-Mail and Computer File
Privacy Policy. It says that "network and system administrators are
expected to treat the contents of electronic files as private and
confidential." and "Any inspection of electronic files, and any action
based upon such inspection, will be governed by all applicable U. S.
and Illinois laws and by University policies."

=================
policies/cis.ohio-state.edu
=================
* Edu -- Ohio State U. -- Computer & Information Sci

The appropriate use, mail (and Netnews), disk, and printer
policy for the computers labs of OSU's Computer and Information
Science Department (Critiqued)

=================
policies/cis.ohio-state.edu.critique
=================
* Edu -- Ohio State U. -- Computer & Information Sci. -- Critique

Critique for the appropriate use, mail (and Netnews), disk, and
printer policy for the computers labs of OSU's Computer and
Information Science Department

Summary: 'The policies are better than most. The privacy policy is
especially good. In my opinion, the weakest policy covers email and
netnews [and due process].

It says that undergrads are prohibited from posting or emailing off
campus.  This rule is enforced very selectively. To quote an OSU sys
admin: "it's just something that's usable as a weapon against the
occasional real jerk." (I think such selective enforcement is
despicable.)'

=================
policies/dal.ca
=================
* Canada -- Dalhousie U

Guide to responsible computing at Dalhousie University (in Halifax,
NS, Canada)

=================
widener/jmadison.u.policy
=================
[No annotation available.]

=================
widener/mich.st.u.policy
=================
[No annotation available.]

=================
statements/ocf.constitution
=================
* U. of Cal. at Berkeley -- Open Computing Facil. -- Constitution

OCF is an organization that democratically manages computer resources
for thousands of users.

=================
policies/umich.edu
=================
* Edu -- U. Michigan

POLICY: PROPER USE OF INFORMATION RESOURCES, INFORMATION TECHNOLOGY,
AND NETWORKS AT THE UNIVERSITY OF MICHIGAN


=================
widener/new.mex.st.u.policy
=================
[No annotation available.]

=================
widener/u.pitt.policy
=================
[No annotation available.]

=================
widener/wash.u.engr.policy
=================
[No annotation available.]

=================
widener/u.new.mexico.policy
=================
[No annotation available.]

=================
policies/staff.cc.purdue.edu
=================
* Edu -- Purdue U. -- Computing Center -- Staff

Staff policy for Purdue University's Computing Center

=================
widener/kansas.state.policy
=================
[No annotation available.]

=================
=================

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.88.144.4), and get file(s):

  pub/academic/faq/email.privacy
  pub/academic/policies/uiuc.edu
  pub/academic/policies/cis.ohio-state.edu
  pub/academic/policies/cis.ohio-state.edu.critique
  pub/academic/policies/dal.ca
  pub/academic/widener/jmadison.u.policy
  pub/academic/widener/mich.st.u.policy
  pub/academic/statements/ocf.constitution
  pub/academic/policies/umich.edu
  pub/academic/widener/new.mex.st.u.policy
  pub/academic/widener/u.pitt.policy
  pub/academic/widener/wash.u.engr.policy
  pub/academic/widener/u.new.mexico.policy
  pub/academic/policies/staff.cc.purdue.edu
  pub/academic/widener/kansas.state.policy

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/faq email.privacy
send acad-freedom/policies uiuc.edu
send acad-freedom/policies cis.ohio-state.edu
send acad-freedom/policies cis.ohio-state.edu.critique
send acad-freedom/policies dal.ca
send acad-freedom/widener jmadison.u.policy
send acad-freedom/widener mich.st.u.policy
send acad-freedom/statements ocf.constitution
send acad-freedom/policies umich.edu
send acad-freedom/widener new.mex.st.u.policy
send acad-freedom/widener u.pitt.policy
send acad-freedom/widener wash.u.engr.policy
send acad-freedom/widener u.new.mexico.policy
send acad-freedom/policies staff.cc.purdue.edu
send acad-freedom/widener kansas.state.policy

=============== ftp.eff.org:pub/academic/faq/email.privacy ===============
q: Can (should) my university monitor my email?

a: Ethically (and perhaps legally) email communications should have
the same privacy protection as telephone calls. It would be unwise for
any university employee to tap email communications without
authorization from the university president, university legal counsel,
and the academic freedom committee.

- Carl M. Kadie

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
faq/email.policies
=================
* Email -- Policies
 
q: Do any universities treat email and computer files as private?
 
a: Yes, many universities treat email and computer files as private.
...

=================
statements/caf-statement
=================
* Computer and Academic Freedom Statement -- Draft

This is an attempt to codify the application of academic freedom to
academic computers. It reflects our seven months of on-line discussion
about computers and academic freedom. It covers free expression, due
process, privacy, and user participation.

Comments and suggestions are very welcome (especially when posted to
CAF-talk). All the documents referenced are available on-line.
(Critiqued).

=================
statements/caf-statement.critique
=================
* Computer and Academic Freedom Statement -- Draft -- Critique

This is a critique of an attempt to codify the application of academic
freedom to academic computers. It reflects our seven months of on-line
discussion about computers and academic freedom. It covers free
expression, due process, privacy, and user participation.

Additional comments and suggestions are very welcome (especially when
posted to CAF-talk). All the documents referenced are available
on-line.

=================
academic/student.freedoms.aaup
=================
* Student Freedoms (AAUP)

Joint Statement on Rights and Freedoms of Students -- This is the main
U.S. statement on student academic freedom.

=================
academic/speech-codes.aaup
=================
* Speech Codes (AAUP)

On Freedom of Expression and Campus Speech Codes Expression - An
official statement of the American Association of University
Professors (AAUP)

It says in part: "On a campus that is free and open, no idea can be
banned or forbidden.  No viewpoint or message may be deemed so hateful
or disturbing that it may not be expressed."

=================
law/uwm-post-v-u-of-wisconsin
=================
* Expression -- Hate Speech -- UWM Post v. U Of Wisconsin

The full text of UWM POST v. U. of Wisconsin. This recent district
court ruling goes into detail about the difference between protected
offensive expression and illegal harassment. It even mentions email.

It concludes: "The founding fathers of this nation produced a
remarkable document in the Constitution but it was ratified only with
the promise of the Bill of Rights.  The First Amendment is central to
our concept of freedom.  The God-given "unalienable rights" that the
infant nation rallied to in the Declaration of Independence can be
preserved only if their application is rigorously analyzed.

The problems of bigotry and discrimination sought to be addressed here
are real and truly corrosive of the educational environment.  But
freedom of speech is almost absolute in our land and the only
restriction the fighting words doctrine can abide is that based on the
fear of violent reaction.  Content-based prohibitions such as that in
the UW Rule, however well intended, simply cannot survive the
screening which our Constitution demands."

=================
law/gillard-v-schmidt
=================
* Privacy -- School -- Staff Desk -- Gillard v. Schmidt

Description of an appellate court ruling that the school board could
not search the desk of a school counselor without a warrant.

=================
law/constraints.constitutional
=================
* Constitution -- Public University -- Constraints

Comments from _A Practical Guide to Legal Issues Affecting College
Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D.
Gehring.  (College Administration Publication, 1985).  Discusses the
constitutional constraints on public universities including the
requires for freedom of expression, freedom against unreasonable
searches and seizures, due process, specific rules.

=================
law/ecpa.1986
=================
* Privacy -- E-mail -- ECPA -- Excerpts

* ECPA -- 1986

Portions of the Electronic Communications Privacy Act of 1986 (ECPA) related
to e-mail privacy.

=================
law/ecpa.1986.godwin
=================
* Privacy -- E-mail -- ECPA - University Site

Mike Godwin, legal staff for the Electronic Frontier Foundation (EFF)
says that the Electronic Communications Privacy Act (ECPA) could be
reasonably construed to protect university email.

=================
law/privacy.email
=================
* Privacy -- E-mail -- Law -- Hernadex

"Computer Electronic Mail and Privacy", an edited version of a law
school seminar paper by Ruel T. Hernadex

=================
law/privacy.workplace
=================
* Privacy -- Workplace

Comments from and about _The new hazards of the high technology
workplace_ see (1991) 104 _Harvard Law Review_ 1898. Talks about email
and other electronic monitoring.

=================
law/email.bib
=================
* Privacy -- E-mail -- Bibliography

I have been having an e-mail conversation with Stacy Veeder for several 
days on the topic of e-mail privacy. She mailed me this bibliography
which she has compiled for two papers which she is currently writing.

I post it here with permission.

PS - She is interested in talking with anyone who has some views on the 
topic/information to share.

Mark N.

=================
=================

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.88.144.4), and get file(s):

  pub/academic/faq/email.policies
  pub/academic/statements/caf-statement
  pub/academic/statements/caf-statement.critique
  pub/academic/academic/student.freedoms.aaup
  pub/academic/academic/speech-codes.aaup
  pub/academic/law/uwm-post-v-u-of-wisconsin
  pub/academic/law/gillard-v-schmidt
  pub/academic/law/constraints.constitutional
  pub/academic/law/ecpa.1986
  pub/academic/law/ecpa.1986.godwin
  pub/academic/law/privacy.email
  pub/academic/law/privacy.workplace
  pub/academic/law/email.bib

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/faq email.policies
send acad-freedom/statements caf-statement
send acad-freedom/statements caf-statement.critique
send acad-freedom/academic student.freedoms.aaup
send acad-freedom/academic speech-codes.aaup
send acad-freedom/law uwm-post-v-u-of-wisconsin
send acad-freedom/law gillard-v-schmidt
send acad-freedom/law constraints.constitutional
send acad-freedom/law ecpa.1986
send acad-freedom/law ecpa.1986.godwin
send acad-freedom/law privacy.email
send acad-freedom/law privacy.workplace
send acad-freedom/law email.bib
-- 
Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
Xref: sparky comp.admin.policy:1488 news.admin.policy:259