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Charge to the Committee on Campus Computer Policy --
The Committee on Campus Computer Policy or "Hermes Group" was established to:
Major Issues Before the Committee
Hypothetical Case Studies: Potential Situations That Campus Policy Might Address
Potential issues: intellectual property rights, malicious use of network resources, punitive measures in an academic environment.
Potential issues: copyright of commercial material, improper use of network resources, legal liability for the University and for the students involved.
Potential issues: intellectual property (was permission obtained from participants in programming?) misuse of university network (advertising not permitted on university network by contract with carrier), allocation of university resources & network name space.
Potential issues: copyright, legal liability, exposure of university (what if faculty is willing to keep tapes at home? Should the Language Lab store these tapes?)
Potential issues: copyright, liability, exposure of university, financial support of departments (there is no line item in departments' budgets for copyright clearance!)
Potential issues: copyright, intellectual property, exposure of university and of department and of individual, unfair treatment of support staff.
Potential issues: confidentiality of records that may be maintained in WebCT or because of WebCT; authenticity of assignment in academic setting (plagiarism, etc.); policies of faculty vs. university policies.
Potential issues: exposure of library, licensing agreements, misuse of university resources, potential hacker threat opened up, responsibility of faculty if hacker threat is exploited.
Potential issues: improper use of University resources, harassment.
Potential issues: academic responsibility, copyright, allocation of University resources (disk space and labor.).
Potential issues: misuse of University resources, violation of university contract regarding noncommercial use of network.
Potential issues: fair use, exposure of Library, weighing convenience vs. legal gray area.
Potential issues: misuse of university resources, confidentiality of Information.
Potential issues: privacy, copyright, responsibility of user toward Community.
Potential issues: privacy, confidentiality violation, mistreatment of IT support staff.
Potential issues: due process, privacy, misuse of university resources.
Potential issues: due process, privacy, misuse of university resources, responsibility of staff
Potential issues: overlap between judicial responsibility of IT and student governance; misuse of university resources and who adjudicates that.
Potential issues: intellectual property rights, permission, awareness of Brandeis community members as to the universal accessibility of the web.
Potential issues: privacy, due process, applicability of "personal" information in the professional arena.
The links below are examples of computer policies other universities are implementing. These guidelines are not law, and thus do not guarantee safe harbor from violation and infringement. It is also likely that the conditions determining the extent of permissible use for educational purposes in any given area, such as copyright, will change in the future: copying permitted under some guidelines may not be permissible in the future, and conversely types of copying not permitted by some university policies may turn out to be permissible. The guidelines linked below are not intended to limit the types of conduct permitted under the countervailing standards such as fair use or free speech. There may be instances in conduct forbidden under the guidelines established by a particular university that may nonetheless be permitted under the criteria of fair use or free speech.
Cornell Computer Policies List: "Welcome to the Computer Policy and Law Policies List! [A] very useful resource for policy-makers of all kinds . . . The policies are classified into twelve (12) categories, or types. Each type has been assigned an icon to represent it to make the policies easier to identify in list format. Because some of the policies cover a number of policy areas and others could be construed to cover different areas (i.e. Responsible Use vs. Guidelines for Use) [they have] put. . .they fit best."
Stanford University: FAIR USE - Primary Materials, Current Legislation, Cases and Issues, Resources on the Internet , Oveview of Copyright Law
Using Computer Resources at Brown University: " These guidelines apply to all users of computing resources owned or managed by Brown University, including but not limited to Brown faculty and visiting faculty, staff, students, guests of the administration, external individuals or organizations and individuals accessing external network services, such as the Internet, via Brown's computing facilities."
Harvard University: Policies: Use of Facilitites, Privacy of Information, Electronic Communication, Intellectual Property, Security, Use of Facilities, Use of the Network, Electronic Communication, Cases of Misconduct
TUFTS - Policies and Standards: "Information Technology Responsible Use Policy, New Massachusetts Computer Crime Law, Policy on Rights and Responsibilities With Respect to Intellectual Property, Eligibility Policy for Information Technology, Policy on Licensing of Electronic Content Resources, Policies for Tufts E-mail Accounts and Addresses, Tufts University Information Technology Standards"
NOTRE DAME - Responsible Use Policy: " This document constitutes the University policy for the management of computer networks, personal computers and the resources made available thereby. The policy reflects the ethical principles of the University community and indicates, in general, the privileges and responsibilities of those using University computing resources: Acceptable Use, Institutional Purposes, Impermissible Use, Cooperative Use, General Policies, Responsibilities of Users, Security, Privacy and Confidentiality, External Networks, Sanctions, Disclaimer, Existing University Rules and Regulations, andDefinitions."
University of Michigan Policy: "This site is intended to provide information about copyright which will enhance the understanding of faculty, staff and students at The University of Michigan and provide guidelines for using and creating copyrighted material. The information provided is not legal advice."
MIT - Policies and Procedures: "Information Policies, Intellectual Property, Ownership of Intellectual Property, Significant Use of MIT-Administered Resources, Ownership of Copyrights in Theses, Invention and Proprietary Information Agreements, Consulting Agreements, Organization, Disclosures and Technology Transfer, Policy on the Use of Information Technology, Privacy of Institute Records, Information Security and Preservation, Responsible Use of MIT Computers, Networks, and Telephones, Privacy of Electronic Communications, Acquisition and use of Third-Party Products and Services, Archival Policy, Records Management Program, and Reproduction of Copyrighted Matter."
YALE - Appropriate Use Policy: Information technology ("IT"), the vast and growing array of computing and electronic data communications facilities and services, is used daily to create, access, examine, store, and distribute material in multiple media and formats. Information technology plays an integral part in the fulfillment of Yale University's research, education, clinical, administrative, and other roles. Users of Yale's IT resources have a responsibility not to abuse those resources and to respect the rights of the members of the community as well as the University itself. This Yale University IT Appropriate Use Policy (the "Policy" or "AUP") provides guidelines for the appropriate use of Yale's IT resources as well as for the University's access to information about and oversight of these resources. Most IT use parallels familiar activity in other media and formats, making existing University policies important in determining what use is appropriate. Using electronic mail ("email") instead of standard written correspondence, for example, does not fundamentally alter the nature of the communication, nor does it alter the guiding policies. University policies that already govern freedom of expression and related matters in the context of standard written expression govern electronic expression as well. This Policy addresses circumstances that are particular to the IT arena and is intended to augment but not to supersede other relevant University policies. The purpose of this Policy is to ensure an information technology infrastructure that promotes the basic missions of the University in teaching, learning, research, patient care, and administration. In particular, this Policy aims to promote the following goals: To ensure the integrity, reliability, availability, and superior performance of IT Systems; To ensure that use of IT Systems is consistent with the principles and values that govern use of other University facilities and services; To ensure that IT Systems are used for their intended purposes; and To establish processes for addressing policy violations and sanctions for violators."
Massachusetts Institute of Technology Basic Guidelines: " Copyrighted materials, Pictures and video, Commercial activity on the MIT network, Private business, Use of Institute Name, Fundraising and Advertising, Reselling network IP services, Sponsoring a not-for-profit web site, and Web accessibility."
University of Virginia: General and Local Information: Basics, UV's Policies and Procedures; Primary Materials: Copyright Act of 1976, U.S. Copyright Office, United States Patent and Trademark Office; Information from organizations concerned about copyright; and Guidelines, views and interpretations from various groups, individuals and other institutions."
University of Minnesota: " Interim Guidelines for the Use of Copyrighted Works"
Tufts University Copyright and Cyberspace: "In this new age of technology, how does copyright law affect faculty, researchers, librarians, and school administrators? What are the implications of copyright law for distance learning? For Digital Library development? This hypertext document has been created by the Center for Teaching Excellence as part of its collaboration with the Tufts University Digital Library Design Team. It contains general information about copyright law to assist Tufts University faculty, staff, and students in understanding this complex issue. This document does NOT provide legal advice per se. Such advice should only be provided by direct consultation with counsel, based upon all facts and circumstances involved in a specific instance."
Prepared: January 23, 2001 - 12:02:29 PM
Edited and Updated, January 24, 2001
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