Early experience suggests that some institutions regard personal e-mail quite differently from print mail, and accordingly are less inclined to ensure privacy. In the relatively few early cases on privacy of e-mail, courts have shown some willingness to condone invasions that probably would not be allowed in more familiar settings. Regardless of the medium, privacy of communication is vital to the quality of an academic institution. University ownership of the hardware, and its supervision of the network or system, may also create different expectations. Yet, given the growing importance of electronic mail as a substitute for or alternative to print mail, a need exists for a comparable degree of privacy.
Several principles deserve consideration.
First, every college or university should make clear, to all users, any exceptions it considers it must impose upon the privacy of electronic communications . Fifth, the contents of any such message that has been diverted or intercepted may not be used or disseminated more widely than the basis for such extraordinary action may warrant. Careful consideration should, in fact, be given to privacy needs in myriad situations where unauthorized disclosure of electronic messages or materials could jeopardize personal reputations and interests, and could deter free and open communication within the campus community. Such principles as these, designed to ensure privacy of electronic communication, will require careful and extensive study by each institution and the tailoring of specific principles consistent with state law and campus needs and conditions. This report is meant to help start that process.