1. Educause Live! August 3, 20041 USA PATRIOT Act and Beyond: How Higher Education Institutions and Libraries are Cooperating and Coping Marilu Goodyear CIO & Vice Provost for Information Services Jenny Mehmedovic Coordinator of IT Policy & Planning

2. Educause Live! August 3, 20042 Policy=Values Written Down Building consensus around institutional values has always been important Reflecting that consensus in policy actions is even more important now Environmental factors changing fast 9/11 Technology changing fast Degree of latitude wider Value choices vs. legality

3. Educause Live! August 3, 20043 Important Value Choices Privacy What are the values of your organization? Is privacy seen as an integral part of academic freedom? Privacy from whom? Internal External Different views from different players? Administration Faculty Governance Concern vs. action

4. Educause Live! August 3, 20044 Important Value Choices Responses to criminal activity Are we interested in protection? Are we interested in catching criminals? How should we balance information gathering for law enforcement activities with other priorities? The practical aspects of catching and prosecuting computer crime Does the difficulty affect our priorities?

5. Educause Live! August 3, 20045 Has the PATRIOT Act changed the playing field? More requests from law enforcement? Hard to say Need for coordinated response procedure? Yes, but just enhance what’s probably already in place Library personnel with a different worldview?

6. Educause Live! August 3, 20046 Preparing for law enforcement requests Create a procedure Involve your legal counsel, campus police, registrar, human resource office, student support office, as well as information services Designate who should respond Decide whether to respond to requests that lack a subpoena, search warrant, or other court order Provide 24/7 access to legal counsel for review of subpoena, search warrant, and court orders Describe relationship with campus police

7. Educause Live! August 3, 20047 Preparing for law enforcement requests Distribute and discuss the procedure widely Staff Student employees Help Desk Operations Staff (after hours)

8. Educause Live! August 3, 20048 During law enforcement requests Verify identification Review court order, subpoena, or search warrant Appropriate (and advisable) to ask legal counsel to assist Producing the records requested Appropriate (and advisable) to alert dean, director, or department chair Subpoena v. search warrant Ask for time to have legal counsel review paperwork Call legal counsel for assistance If officer won’t wait, don’t inhibit the search!

9. Educause Live! August 3, 20049 Inviting law enforcement in Intercepting electronic communications of computer trespassers Designate who can do the inviting CIO/VP for Info Services May be harder to invite them OUT!

10. Educause Live! August 3, 200410 Records Management You can only give up what you have State-level laws that affect decisions about records Definition of a public record Created by a governmental agency Received by a governmental agency Transact official business Any format Retention schedules

11. Educause Live! August 3, 200411 Open Records Laws Legitimate need for the public to see what actions governmental organizations are taking Access to information issues (press) Exemptions Privacy Security Cost-effective governmental management Exemptions mean you don’t have to release Definitions of what is a record can differ from the general records statute

12. Educause Live! August 3, 200412 Records management Do you really need to create a record in the first place? How long should you keep it once you’ve created it? Are there steps you can take to “de- identify” the record?