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C HAPTER 3 A CCEPTABLE U SE P OLICY C YBER S ECURITY FOR E DUCATIONAL L EADERS : A G UIDE TO U NDERSTANDING AND I MPLEMENTING T ECHNOLOGY P OLICIES © Routledge Richard Phillips and Rayton R. Sianjina
A CCEPTABLE U SE P OLICY (AUP) AUPs are written agreements signed by users that state specific rules and regulations for technology use. Outline possible punishments and penalties if technology is used inappropriately (iSAFE, 2011). According to Standler, AUPs have three goals: 1. Educate 2. Provide legal notices 3. Protect the organization (lawsuits and viruses) (Standler, 2002) © Routledge
M AIN C OMPONENTS OF AN AUP The Media Awareness Network (2011) lists the following components of an AUP: An explanation of the availability of computer networks to students and staff members in your school or district A statement about the educational uses and advantages of the Internet An explanation of the responsibilities of educators and parents for students' use of the Internet A code of conduct governing behavior on the Internet An outline of the consequences of violating the AUP (Media Awareness, 2010) © Routledge
M AIN C OMPONENTS OF AN AUP C ONT. A description of what constitutes acceptable and unacceptable use of the Internet A description of the rights of individuals using the networks in the school/district (such as the right to free speech, right to privacy, and so on) A disclaimer absolving the school district from responsibility, under certain circumstances An acknowledgement that the AUP complies with provincial and national telecommunication rules and regulations. (Media Awareness, 2011) © Routledge
I MPORTANT F EATURES OF AN AUP Signature portion (VDOE, 2011) Disclaimer releasing the industry from user wrongdoing (Media Awareness, 2011) Policy enforcement Data collection and alerts (software like eSNIF and VIEW (Fitzer, 2002) Vocabulary and understandable language (Lightspeed Systems, 2011) © Routledge
AUP T EMPLATES Many individuals and industries have developed templates and guidelines to model AUPs. Wentzell states that every AUP should include the following: Philosophies Goals Advantages and disadvantages Statements that tech is a privilege and not a right Definitions and vocabulary Statement of privacy Copyright and netiquette Personal responsibility statement Attorney review © Routledge
A CCEPTABLE U SE P OLICY : L EGAL A SPECTS © R OUTLEDGE C YBER S ECURITY FOR E DUCATIONAL L EADERS : A G UIDE TO U NDERSTANDING AND I MPLEMENTING T ECHNOLOGY P OLICIES
L EGAL I SSUES Acceptable Use Policies are legal binding contracts between users and industries. The user agrees to use the equipment appropriately while the industry agrees to maintain and provide the equipment. However, every AUP is different and is created based on the needs of the industry. Often times when developing Acceptable Use Policies user rights and the rights of the industry conflict. © Routledge
U SER R IGHTS In the United States the Constitution provides certain “unalienable rights” to its citizens. 1 st Amendment — freedom of expression, speech, etc. 4 th Amendment — no unreasonable searches and seizures, right to privacy. 14 th Amendment — Equal Protection Clause, and strengthens due process. (U.S.Const., Amends. I, IV, and XIV) © Routledge
I NDUSTRY R IGHTS Protect the equipment/technology. Establish levels of security. Protect the privacy of employees and users. (iSAFE, 2011) © Routledge
C ONFLICTS When an industry tries to develop an AUP that dilutes the rights of users the dispute is often settled by the U.S. Supreme Court. O’Connor v. Ortega (1987) Private files of a doctor were seized for an investigation. Doctor tried to get the evidence rejected based on 4 th Amendment. Supreme Court ruled that “the operational realities of the workplace may make some public employee’s expectation of privacy unreasonable” (Findlaw, 2011). Allowed industries the freedom to search and was later applied to technology (Smith, Woodsum, & MacMahon, 1999) © Routledge
C ONFLICTS Reno v. ACLU The internet is a public forum and a protected form of speech. Strengthened Tinker v. Des Moines court case that disruptive speech can be banned from schools. Schools can limit speech (public) if it has a reasonable risk of disruption (Tedford and Herbeck, 2006). Urofsky v. Gilmore College professors were accused of accessing pornography on campus, they sued based on 1 st Amendment and privacy violation. Supreme Court ruled that since the college owned the computers then they could punish and search at will. © Routledge
L ARGER C ONTEXT Each of the cases mentioned have one thing in common … an AUP. Rights of the users were diluted due to the protection of the industry and individuals involved. AUPs have to be reviewed by attorneys for the simple fact that the policy and actions of the user could potentially end up in court. Also, an attorney needs to certify that the document is in compliance with federal and state mandates. (Meyer and Johnson, 2011) © Routledge
C ONCLUSION AUP is a series of guidelines that keep both the user and the organization informed about expectations and what actions are acceptable and what are not. It is also important to involve an attorney due to the fact that AUPs are contracts, and like all contracts can be legally binding and can come under scrutiny, especially when they conflict with personal freedoms. © Routledge
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