INTRODUCTION
This Policy clarifies the applicability of law and of other VerdeNet policies to electronic mail. It also defines new policy and procedures where existing policies do not specifically address issues particular to the use of electronic mail.
VerdeNet recognizes that principles of freedom of speech, and privacy of information hold important implications for electronic mail and electronic mail services. This Policy reflects these firmly-held principles within the context of VerdeNet's legal and other obligations.
VerdeNet encourages the use of electronic mail and respects the privacy of users. It does not routinely inspect, monitor, or disclose electronic mail without the holder's consent. Nonetheless, subject to the requirements for authorization and notification defined in this Policy, VerdeNet may deny access to its electronic mail services and may inspect, monitor, or disclose electronic mail when required by and consistent with law, when there is substantiated reason to believe that violations of policy or law have taken place, or, in exceptional cases, when required to meet time-dependent, critical operational needs. These provisions are comparable to those of policies that apply to other forms of communications, such as conventional mail.
Cautions:
Users should be aware of the following:
1. Both the nature of electronic mail and the public character of the Internet make electronic mail less private than users may anticipate. For example, electronic mail intended for one person sometimes may be widely distributed because of the ease with which recipients can forward it to others. A reply to an electronic mail message posted on an electronic bulletin board or "listserver" intended only for the originator of the message may be distributed to all subscribers to the listserver. Furthermore, even after a user deletes an electronic mail record from a computer or electronic mail account it may persist on backup facilities, and thus be subject to disclosure under the provisions of Section V of this Policy. VerdeNet cannot routinely protect users against such eventualities.
2. Electronic mail, whether or not created or stored on VerdeNet equipment, may constitute a Public record subject to disclosure under the Public Records Act or other laws, or as a result of litigation. However, VerdeNet does not automatically comply with all requests for disclosure, but evaluates all such requests against the precise provisions of the Act, other laws concerning disclosure and privacy, or other applicable law.
3. VerdeNet, in general, cannot and does not wish to be the arbiter of the contents of electronic mail. Neither can VerdeNet, in general, protect users from receiving electronic mail they may find offensive. VerdeNet subscribers, however, are strongly encouraged to use the same personal and professional courtesies and considerations in electronic mail as they would in other forms of communication.
4. There is no guarantee, unless "authenticated" mail systems are in use, that electronic mail received was in fact sent by the purported sender, since it is relatively straightforward, although a violation of this Policy, for senders to disguise their identity. Furthermore, electronic mail that is forwarded may also be modified. Authentication technology is not widely and systematically in use at the VerdeNet as of the date of this Policy. As with print documents, in case of doubt receivers of electronic mail messages should check with the purported sender to validate authorship or authenticity.
5. Encryption of electronic mail is another emerging technology that is not in widespread use as of the date of this Policy. This technology enables the encoding of electronic mail so that for all practical purposes it cannot be read by anyone who does not possess the right key. Very good encryption programs are available for this purpose, such as PGP (Pretty Good Privacy) which are inexpensive, or free.
6. All incoming e-mail is subjected to 3 different virus scanners. If a virus is discovered in a message, the sender and recipient are notified, and the mail is discarded. These scanners only catch e-mail delivered viruses, so it is wise to protect your computer with good virus detection software as well.
Allowable Use
In general, use of VerdeNet electronic mail services is governed by policies that apply to the use of all VerdeNet facilities. In particular, use of VerdeNet electronic mail services is encouraged and is allowable subject to the following conditions:
1. Purpose. Electronic mail services are to be provided by VerdeNet in support of the Public service mission of the VerdeNet.
2. Users. Users of VerdeNet electronic mail services are to be limited to VerdeNet subscribers.
3. Restrictions. VerdeNet Electronic mail services may not be used for: unlawful activities; commercial purposes not under the auspices of the VerdeNet; personal use inconsistent with Federal, State or Local Statutes; or uses that violate other VerdeNet policies or guidelines. The latter include, but are not limited to, policies and guidelines regarding intellectual property, or regarding sexual or other forms of harassment.
4. Line Sitting Prohibited. The use of software that keeps the line connected by periodically checking for e-mail is strictly prohibited. If there is no mail, and you don't have anything else to do online, please disconnect. You can dial back in to check your mail as many times as you like.
5. Representation. Electronic mail users shall not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of the VerdeNet or any unit of the VerdeNet unless appropriately authorized (explicitly or implicitly) to do so. Where appropriate, an explicit disclaimer shall be included unless it is clear from the context that the author is not representing the VerdeNet . {An appropriate disclaimer is: "The opinions or statements expressed herein are my own and should not be taken as a position, opinion, or endorsement of VerdeNet }
6. False Identity. VerdeNet e-mail users shall not employ a false identity. E-mail may, however, be sent anonymously provided this does not violate any law or this or any other VerdeNet policy, and does not unreasonably interfere with the administrative business of the VerdeNet.
7. Interference. VerdeNet e-mail services shall not be used for purposes that could reasonably be expected to cause, directly or indirectly, excessive strain on any computing facilities, or unwarranted or unsolicited interference with others' use of e-mail or e-mail systems . Such uses include, but are not limited to, the use of e-mail services to: (i) send or forward e-mail chain letters; (ii) "spam", that is, to exploit listservers or similar broadcast systems for purposes beyond the intended scope to amplify the widespread distribution of unsolicited e-mail; and (iii) "letter-bomb", that is, to resend the same e-mail repeatedly to one or more recipients to interfere with the recipient's use of e-mail.
8. Personal Use. VerdeNet electronic mail services may be used for incidental personal purposes provided that, in addition to the foregoing constraints and conditions, such use does not (i) directly or indirectly interfere with the VerdeNet operation of computing facilities or electronic mail services; (ii) burden the VerdeNet with noticeable incremental cost.
Security and Confidentiality
1. The confidentiality of electronic mail cannot be assured. Such confidentiality may be compromised by applicability of law or policy, including this Policy, by unintended redistribution, or because of inadequacy of current technologies to protect against unauthorized access. Users, therefore, should exercise extreme caution in using e-mail to communicate confidential or sensitive matters.
2. VerdeNet prohibits VerdeNet employees and others from "seeking out, using, or disclosing" without authorization "personal or confidential" information, and requires employees to take necessary precautions to protect the confidentiality of personal or confidential information encountered in the performance of their duties or otherwise. This prohibition applies to e-mail records. In this Policy the terms "inspect, monitor, or disclose" are used within the meaning of "seek, use, or disclose".
3. Notwithstanding the previous paragraph, users should be aware that on occasion network and computer operations personnel and system administrators may, during the performance of their duties, inadvertently see the contents of e-mail messages. Except as provided elsewhere in this Policy, they are not permitted to do so intentionally or disclose or otherwise use what they have seen. One exception, however, is that of systems personnel (such as "postmasters") who may need to inspect e-mail when re-routing or disposing of otherwise undeliverable e-mail. This exception is limited to the least invasive level of inspection required to perform such duties. Furthermore, this exception does not exempt postmasters from the prohibition against disclosure of personal and confidential information of the previous paragraph, except insofar as such disclosure equates with good faith attempts to route the otherwise undeliverable e-mail to the intended recipient.
4. VerdeNet attempts to provide secure and reliable e-mail services. Operators of VerdeNet electronic mail services are expected to follow sound professional practices in providing for the security of electronic mail records, data, application programs, and system programs under their jurisdiction. Since such professional practices and protections are not foolproof, however, the security and confidentiality of electronic mail cannot be guaranteed. Furthermore, operators of e-mail services have no control over the security of e-mail that has been downloaded to a user's computer.
As a deterrent to potential intruders and to misuse of e-mail, e-mail users should employ whatever protections (such as passwords or encryption) are available to them.
5. Users of electronic mail services should be aware that even though the sender and recipient have discarded their copies of an electronic mail record, there may be back-up copies that can be retrieved. Systems may be "backed-up" on a routine or occasional basis to protect system reliability and integrity, and to prevent potential loss of data. The back-up process results in the copying of data onto storage media that may be retained for periods of time and in locations unknown to the originator or recipient of electronic mail. The practice and frequency of back-ups and the retention of back-up copies of e-mail vary from system to system.
Archiving and Retention
VerdeNet records management policies do not distinguish among media with regard to the definition of VerdeNet records. As such, electronic mail records are subject to these policies. In particular, such records are subject to disposition schedules of VerdeNet.
E-mail left on a VerdeNet server will only be kept for 30 days.
The VerdeNet does not maintain central or distributed electronic mail archives of all electronic mail sent or received. Electronic mail is normally backed up only to assure system integrity and reliability, not to provide for future retrieval, although back-ups may at times serve the latter purpose incidentally. Operators of VerdeNet electronic mail services are not required by this Policy to retrieve e-mail from such back-up facilities upon the holder's request, although on occasion they may do so as a courtesy.
E-mail users should be aware that generally it is not possible to assure the longevity of electronic mail records for record-keeping purposes, in part because of the difficulty of guaranteeing that electronic mail can continue to be read in the face of changing formats and technologies and in part because of the changing nature of electronic mail systems. This becomes increasingly difficult as electronic mail encompasses more digital forms, such as embracing compound documents composed of digital voice, music, image, and video in addition to text. Furthermore, in the absence of the use of authentication systems, it is difficult to guarantee that e-mail documents have not been altered, intentionally or inadvertently.
E-mail users and those in possession of VerdeNet records in the form of electronic mail are cautioned, therefore, to be prudent in their reliance on electronic mail for purposes of maintaining a lasting record. Sound business practice suggests that consideration be given to transferring (if possible) electronic mail to a more lasting medium/format, such as magneto-optical disks, CD's, acid-free paper or microfilm, where long-term accessibility is an issue.
POLICY VIOLATIONS
Violations of VerdeNet policies governing the use of VerdeNet electronic mail services shall result in restriction of access to VerdeNet information technology resources.