1. Stewardship and Custodianship of Electronic Mail Office of Information Technologies University Computer Policy and Law Program Office of Information Technologies University Computer Policy and Law Program

2. Electronic Mail in the Information Age  “Killer App.”  Turned computers into communications  Contributed to the popularity of the Internet  As well as a vehicle of its insecurity:.exe/virus  Staple of correspondence  Personal  With its own language, spelling and vocabulary  Professional  Administrative work relies on e-mail tremendously  Commercial  How people and corporations communicate generally  “Killer App.”  Turned computers into communications  Contributed to the popularity of the Internet  As well as a vehicle of its insecurity:.exe/virus  Staple of correspondence  Personal  With its own language, spelling and vocabulary  Professional  Administrative work relies on e-mail tremendously  Commercial  How people and corporations communicate generally

3. Electronic Mail in the Information Age  Different technology from postal mail…  Transparency  Quick reply, easy forwarding, copies…and the  Special dangers of list services!  Psychology of an individual and his or her computer that creates an aural of immediacy and intimacy  Early Cornell IT Policy: E-Mail Etiquette  http://www.cit.cornell.edu/computer/email/polite. html http://www.cit.cornell.edu/computer/email/polite. html  Different technology from postal mail…  Transparency  Quick reply, easy forwarding, copies…and the  Special dangers of list services!  Psychology of an individual and his or her computer that creates an aural of immediacy and intimacy  Early Cornell IT Policy: E-Mail Etiquette  http://www.cit.cornell.edu/computer/email/polite. html http://www.cit.cornell.edu/computer/email/polite. html

4. Higher Education Law and Policy  Different laws  Federal and State Privacy Laws  Electronic Communications Privacy Act  Family Education Rights Privacy Act  Health Insurance Portability Act  Financial Service Modernization Act  HIV status  State Employee Laws  Scott McNealy  “You have no privacy, get over it!”  Different laws  Federal and State Privacy Laws  Electronic Communications Privacy Act  Family Education Rights Privacy Act  Health Insurance Portability Act  Financial Service Modernization Act  HIV status  State Employee Laws  Scott McNealy  “You have no privacy, get over it!”

5. One University Network, Many Constituencies  Students  Residential life and “educational records”  Faculty/research  Federal grants, copyright, expectations of privacy  And yet also employees  Employees  United States of America v. Bradford C. Councilman No. 03-1383 (1st Cir., June 29, 2004)  ECPA does not apply to “private networks”  Stressing the complicated legal distinctions between “transmitted” and “stored” e-mail communications  Students  Residential life and “educational records”  Faculty/research  Federal grants, copyright, expectations of privacy  And yet also employees  Employees  United States of America v. Bradford C. Councilman No. 03-1383 (1st Cir., June 29, 2004)  ECPA does not apply to “private networks”  Stressing the complicated legal distinctions between “transmitted” and “stored” e-mail communications

6. One University Network, Many Missions Teaching Research Outreach Teaching Research Outreach

7. One University Network Many Needs  The Cantaloupe Incident  “Does Cornell read my e-mail?”  “What if I have a grant to get out by 4 and my employee has the e-mail…!”  “I expect privacy!”  “You have no privacy!”  “It is not about privacy, but trust and respect for the whole community!”  The Cantaloupe Incident  “Does Cornell read my e-mail?”  “What if I have a grant to get out by 4 and my employee has the e-mail…!”  “I expect privacy!”  “You have no privacy!”  “It is not about privacy, but trust and respect for the whole community!”

8. Cornell University Policy  The University Policy Office  http://www.policy.cornell.edu/ http://www.policy.cornell.edu/  The University Policy Process  http://www.policy.cornell.edu/policy_process.cfm http://www.policy.cornell.edu/policy_process.cfm  Data Stewardship and Custodianship  http://www.policy.cornell.edu/vol4_12.cfm http://www.policy.cornell.edu/vol4_12.cfm  The University Policy Office  http://www.policy.cornell.edu/ http://www.policy.cornell.edu/  The University Policy Process  http://www.policy.cornell.edu/policy_process.cfm http://www.policy.cornell.edu/policy_process.cfm  Data Stewardship and Custodianship  http://www.policy.cornell.edu/vol4_12.cfm http://www.policy.cornell.edu/vol4_12.cfm

9. The Policy University Policy 5.5, Stewardship and Custodianship of Electronic Mail http://www.policy.cornell.edu/vol5_5.cfm Cornell Information Technologies Information on this Policy http://www.cit.cornell.edu/computer/email/accesspolicy.html University Policy 5.5, Stewardship and Custodianship of Electronic Mail http://www.policy.cornell.edu/vol5_5.cfm Cornell Information Technologies Information on this Policy http://www.cit.cornell.edu/computer/email/accesspolicy.html

10. Nota Bene  Cornell University owns and operates its electronic mail (e- mail) infrastructure, which must be managed for the entire university community in a manner that preserves a level of privacy and confidentiality in accordance with relevant laws, regulations, and university policy.

11. Nota Bene  While the university permits limited personal use of its email infrastructure, those availing themselves of this privilege do not acquire a right of privacy in communications transmitted or stored on university information technology resources.

12. Stewards  Students  Vice President of Student and Academic Services  Faculty (Academic Employees)  Provost  Employees (Non-Academic)  Vice President for Human Resources  Students  Vice President of Student and Academic Services  Faculty (Academic Employees)  Provost  Employees (Non-Academic)  Vice President for Human Resources

13. Custodians  No disclosures except via procedures that map with principles of the policy  Nota bene:  Usual course of maintenance and security, access, intercept, observe, but not disclose.  Except in observance of a violation of law or policy, Univ. Policy 5.1  No disclosures except via procedures that map with principles of the policy  Nota bene:  Usual course of maintenance and security, access, intercept, observe, but not disclose.  Except in observance of a violation of law or policy, Univ. Policy 5.1

14. Circumstances for Disclosure  1. to respond to compulsory legal papers;  2. where there is reasonable suspicion of a violation of law or policy;  3. for a legitimate business purpose; and  4. in the event of a health or safety emergency.  1. to respond to compulsory legal papers;  2. where there is reasonable suspicion of a violation of law or policy;  3. for a legitimate business purpose; and  4. in the event of a health or safety emergency.

15. Speakers  Pat McClary  Associate University Counsel  Lauran Jacoby  Staff and Labor Relations/Policy Consultant  Marguerite Spencer  Director of University Policy Office  Pat McClary  Associate University Counsel  Lauran Jacoby  Staff and Labor Relations/Policy Consultant  Marguerite Spencer  Director of University Policy Office

16. Questions and Discussion  Internet Audience:  Questions will be taken if sent to  tbm3@cornell.edu  Internet Audience:  Questions will be taken if sent to  tbm3@cornell.edu