1. Security, Privacy, Copyright, and Other Institutional Policy Implications of Online Learning Rodney J. Petersen, J.D. Policy Analyst & Security Task Force Coordinator EDUCAUSE

2. Agenda Introduction 3 Dimensions of Policy Assumptions Policy Development Process Framework for IT Policy Development Policy Issues for Online Learning Cybersecurity Privacy Copyright Other Discussion

3. 3 Dimensions of Policy Public Policy Federal or State Laws, Regulations, Executive Orders, and Judicial Opinions Organizational Policy Statements of Organizational Philosophy or Strategic Direction Operational Policies Institutional Policies, Procedures, and Guidelines

4. Assumptions A faculty member’s role is to follow policies, communicate policies to students, and enforce policies as necessary (awareness) Instructional designers, IT support staff, and librarians are good gatekeepers to support legal and ethical academic practices (training) Existing policies and procedures may adequately cover online environments; however, existing policies and procedures may need to be updated or new policies developed

5. Policy Development Process Policy Development Process with Best Practices process.umn.edu/ACUPA/projects/PolicyDeve lopment.pdf Association of College and University Policy Administrators (ACUPA) process.umn.edu/acupa/

6. IT Policies Framework Law Constitution, laws, & regulations Values academic freedom shared governance privacy diversity Ethics netiquette Morality pornography & indecency

7. Acceptable Use Relevance: Legal, Ethical, and Responsible Use Types of Issues: Obscenity, fraud, misappropriation of identity, personal use, safeguarding personal information, protecting accounts, observance of copyright and other laws, harassment, threats, and unauthorized access. Resources: University of Virginia Video www.itc.virginia.edu/pubs/docs/RespComp/videos/home.html EDUCAUSE/Cornell Institute for Computer Policy and Law www.educause.edu/icpl James Madison University R.U.N.S.A.F.E. www.jmu.edu/computing/runsafe

8. Cybersecurity Relevance: Goals of Cybersecurity Availability Confidentiality Integrity Types of Issues: Protect Your PC (software updates, anti-virus software, and personal firewall) Safe Online Behavior (spyware, phishing, viruses, etc.) Resources: EDUCAUSE/Internet2 Computer & Network Security Task Force www.educause.edu/security National Cyber Security Alliance www.StaySafeOnline.info Federal Trade Commission Information Security Site www.ftc.gov/infosecurity

9. Privacy Relevance: Values of Privacy and Confidentiality To the extent possible in the electronic environment, users’ privacy should be preserved. Fair information practices should govern the collection and disclosure of personal information. Types of Issues: Student Education Records Directory Information and Personal Information Monitoring and Surveillance Resources: EDUCAUSE/Cornell Institute for Computer Policy and Law www.educause.edu/icpl Electronic Privacy Information Center www.epic.org Federal Trade Commission Identity Theft Site www.consumer.gov/idtheft/

10. Copyright Relevance: Copyright Management for Scholarship The creation and dissemination of knowledge is a central purpose of academic organizations. A key concern is the intellectual property rights, including copyright, associated with course materials. Types of Issues: Ownership of Student and Faculty Works Use of Copyrighted Works Licensed Software and Online Content Resources: CopyOwn: A Resource on Copyright Ownership www.umd.edu/CopyOwn Checklist for Fair Use www.copyright.iupui.edu/checklist.htm The TEACH Toolkit www.lib.ncsu.edu/scc/legislative/teachkit/

11. Other Policy Issues Academic Dishonest/Electronic Plagiarism Access for Persons with Disabilities Attendance and Class Participation Computer Ownership/Minimum Requirements Notetaking Services Software & Licensed Content Use Videotaping of Courses