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[Fitug] EMail Vorschiften

Eine interessante Ausfuehrung, was so passiert, wenn der CDA mal wirklich

* Julian Assange wrote:
Date: Fri, 23 Aug 1996 17:39:24 +1000
From: Julian Assange <proff@suburbia.net>
Message-Id: <199608230739.RAA24463@suburbia.net>
To: lacc@suburbia.net
X-Mailing-List: <lacc@suburbia.net> archive/latest/316
Subject: LACC: [Cud] Seeking opinions of Mankato State University email policy


At the beginning of the year, Mankato State University adopted the
following "email policy".  Being a member of the student senate, I
expressed my concerns to the student government about the policy
(particularily the prohibitions on "political" speech), but it wasn't
politically feasible to challenge the policy as the student government had
approved it prior to my election (ie, I don't really thing they knew what
it was they were signing/signing-away).  When I did bring it up to the
administration of the university, it was basicly reduced to "well, the
Senate said it was ok, so stick it" (well, that's somewhat paraphrased

Anyways, I'd like some opinions about this, as, in light of the Princeton
case (and the ACLU's response), I think I would like to attack this
policy.  I would just like a little better feeling about where this policy
stands than the general "yucky" feeling I get.

Thanks for your time.

Robert Hayden

- -----------------------------

   Mankato State University

                           MANKATO STATE UNIVERSITY

Article I. Objective

   To ensure that electronic mail transmissions between and among MSU
   authorized "E-mail" users are consistent with state statutes limiting
   the use of state services and equipment to state business purposes
   only. This effort is consistent with existing practices governing
   other forms of communication on campus including telephone calls,
   bulletin board postings, the mass distribution of promotional flyers,
   and the use of intra-campus mail services.

     Minnesota Statutes Chapter 43A.38, Subd. 4 - Use of State Property
     An employee shall not use or allow the use of state time, supplies
     or state owned or leased property and equipment for the employee's
     private interests or any other use not in the interest of the state,
     except as provided by law.

     Minnesota Statutes Chapter 43A.39, Subd. 2 - Noncompliance
     Any employee who intentionally fails to comply with the provisions
     of Chapter 43A shall be subject to disciplinary action and action
     pursuant to Chapter 609. An appointing authority shall report in
     writing to the legislative auditor when there is probable cause to
     believe that a substantial violation has occurred. Any person
     convicted of a crime based on violations of this chapter shall be
     ineligible for appointment in the civil service for three years
     following conviction.

     Minnesota Statues Chapter 609.87 thru 609.8911 - Computer Crime
     [Statute deals with definitions; destructive computer programs;
     intentional damage to computers, computer systems, computer
     networks, computer software, etc.; theft of services and equipment;
     unauthorized computer access; gross misdemeanor and misdemeanor
     criminal penalties; and reporting violations.]

     University Facilities and Services - Restricted Use
     Faculty and staff are to use University facilities and services for
     University business only. [Mankato State's Employee Handbook -
     General Policies Section]

     Professional and Ethical Standards
     University equipment shall not be used by employees for personal use
     without notice to and the written consent of his/her employer . . .
     . [State University System Regulations Article 2.4] Similar language
     is contained in Articles 4 and 27 of the IFO Labor Agreement and
     Article 20 Section C of the MSUAASF Agreement.

   Students, who are not already on-campus part-time employees covered by
   the above statute citations, shall adhere to all E-mail policies and
   regulations contained herein. It is the intent of this E-mail
   regulation to cover all E-mail users within the campus community.

Article II. Regulation

   The electronic mailing privilege is provided to members of the
   University community to enhance their ability to quickly and
   conveniently send and receive written communications and documents for
   the purpose of conducting University business. Use of the privileges
   for personal gain and for non-University related business is
   prohibited. (The University continues to invest significant amounts of
   its budget in the maintenance and improvement of electronic
   transmission capability, in addition to the enormous past outlays
   which have been made for computer hardware, software, and cabling.)


   For profit organizations are strictly prohibited from the use of
   University electronic mail services. (University contract vendors like
   Wallace's University Bookstore and the ARAMARK food service shall be
   provided access to the University electronic mail system only upon
   agreement to pay MSU for these state provided services.) Non-profit
   organizations may be allowed access only if the transmission has been
   approved in advance by the University Operations Vice President (or
   designee). Authorization for such access by a non-profit organization
   will hinge on how closely it relates to the "state business use"
   standard and the organization's traditional or direct tie to the
   University (e.g., Mankato State University Foundation, United Way,


   Commonly understood principles of academic freedom shall be applied to
   the administration of information transmitted by E-mail.


   The ability of the University to monitor and regulate incoming
   Internet transmissions is almost impossible. If unsolicited or
   unwanted Internet transmissions are received, E-mail users may contact
   their mail system manager so that an effort can be made to ensure that
   such transmissions do not reoccur from the same source.


   Political transmissions are prohibited. This would include
   transmissions which advocate the election of particular candidates for
   public office at either the federal, state, or local level. Also
   banned are those messages that advocate support of or opposition to
   any particular referendum proposal that will be decided by the voters
   during a general or special election affecting the public at large.


   This regulation is not to be interpreted as prohibiting transmissions
   protected by existing employee collective bargaining agreement
   provisions dealing with mailing privileges nor shall it be used to
   deny access to recognized student organizations and related student
   service departments who wish to announce upcoming events that may be
   of interest to members of the University community.

    1. Personal uses of E-mail which are prohibited include, but are not
       limited to: chain letters; recipes; "garage sale" announcements;
       solicitation or requests for contributions (e.g.needy family,
       special relief efforts, etc.); commercial advertisements; and
       advertisements for events or items for sale or rent that result in
       personal gain or revenue for non-University departments and
       programs or unapproved organizations as prohibited by provisions
       in Article II, Section 1 of this policy.
    2. E-mail users are asked to take care in directing their messages to
       large audiences and to avoid sending repeats of the same messages
       as "reminders." Concerns also exist that many messages sent to all
       MSU mail users could be better targeted to smaller groups of
    3. E-mail transmissions shall not be used in any way which violate
       Higher Education Board or University policies regarding
       harassment. The University is not responsible for transmissions
       which are libelous or defamatory.
    4. A user's password is the key to the E-mail network and as such
       users are advised that they are responsible for the security of
       their respective password. There are major risks when a user's
       password is known to others. Transmission made using that password
       are assumed to be initiated by the password's user, though
       managers of E-mail systems who investigate complaints shall not
       automatically assume that the author of an offending transmission
       is the password's user.
    5. It is not the intent of this regulation to interfere with private
       communications between individuals.
    6. E-mail managers and network 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, shall be governed by applicable
       federal and state laws and by University policies.

Article III. Sanctions for Violations

   Complaints by any user receiving electronic transmissions through Data
   General, Microsoft Mail, and existing VAX services may be submitted to
   any manager of a major E-mail system or directly to the University
   Operations Vice President's Office. An E-mail manager will investigate
   the complaint and make a determination on its validity. If a violation
   did occur the E-mail manager shall inform the employee's immediate
   supervisor and make a recommendation to implement one of the following
   sanctions. Severity of the sanction is dependent on the nature of the
   violation and history, if any, of past violations. The employee's
   supervisor has five work days in which to approve, and or modify, the
   E-mail system manager's recommendation. If no action occurs the E-mail
   manager's recommendation is forwarded to the University Operations
   Vice President for disposition.

     * Verbal warning.
     * Discipline pursuant to appropriate collective bargaining or other
       employment regulations; discipline pursuant to appropriate student
       conduct codes.
     * Warning letter to the violator formally notifying of additional
       sanctions if violations continue.
     * Suspension of electronic mail privileges for five work days. The
       user would continue to receive electronic mail but would not be
       able to read it until after the suspension of privileges is lifted
       and a new electronic mail password is issued by the appropriate
       E-mail manager.
     * Penalty consistent with federal or state law and/or employee
       collective bargaining agreements. (Could involve referral of
       matter to criminal authorities..)


   Applicable appeal procedures may be implemented consistent with
   employee bargaining unit contracts or student conduct codes.

Article IV. Electronic Mail Oversight Team

   The "Electronic Mail Oversight Team" shall review e-mail practices,
   procedures and policies and may make recommendations for improvement
   to the Vice President for University Operations. The ten member
   oversight team include the managers of these major e-mail systems:
     * University Operations server (Microsoft Mail)
     * P.E.T. server (Microsoft Mail)
     * Student Develop. Prgms. & Activities server (Microsoft Mail)
     * MSUS/PALS servers (Microsoft Mail)
     * College of Science, Eng. & Tech. server (Microsoft Mail)
     * Krypton server (Academic DEC with Unix Operating System)
     * AS/400 server (Academic IBM System)
     * MSMail 4,5,6,7,8, Computer Svcs., ACTS, Admin., MSU Academic, &
       Memorial Library servers (Microsoft Mail)
     * VAX1 server (MSU Academic VAX)
     * Data General server

   The team shall be convened at least twice annually and chaired by a
   member elected by and from among the panel members.

Article V. Confidentiality and/or Privacy

   Users are advised that the privacy of data stored or sent on the
   system cannot be guaranteed; furthermore, there are a number of
   circumstances in which data stored on the system will be accessed by
   authorized individuals. Those circumstances include, but are not
   limited, to the following:
     * Performing administrative tasks, such as: identifying and pursuing
       breaches of security mechanisms; maintaining the integrity or
       operational state of the E-mail and related computer systems;
       collecting aggregate data; etc. The individual authorizing any
       search of a user's data must have reasonable grounds for
       suspecting that the search will reveal evidence that the user has
       violated a specific University, Higher Education Board policy,
       state or federal law, or has committed work related misconduct.
       The search of a user's data must be reasonably related in scope to
       the suspicion which generated this search.
     * Monitoring use of the E-mail and related computer systems to
       determine whether the polices of the University, Higher Education
       Board, and/or state or federal law have been broken.
     * Monitoring use of the E-mail and related computer systems when it
       is necessary so that the University can provide its services or
       protect the rights or property of the University.

Meet and Confers Held

                                        Date Proposal Submitted/Reviewed

IFO Faculty Association                 September 14, 1995 and October 12, 1995
MSUAASF Meet and Confer                 September 18, 1995 and October 16, 1995
Classified Employee Meet and Confer     September 28, 1995
Student Association Meet and Confer     October 12, 1995


 _____________________________________________     ___________________
Mankato State University President                Date

   Document signed by Richard R. Rush on 1/30/1996

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