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Electronic Communication Policy Established at UMaine

The University of Maine's first formal electronic communication policy is a campuswide tool for balancing legal responsibilities with respect for First Amendment rights and academic freedom, according to the John Gregory, executive director of Information Technologies (IT).

Two of the most important aspects of the policy are a definition of terms, including what constitutes electronic resources, communications systems and users, and what procedures to follow when alleged violations of the electronic communication policy or laws occur.

"Because most violations of federal, state or local laws using technology begin innocently, the hope is that the new electronic communication policy will raise awareness and not just provide rules for prosecuting," says Gregory. "Through greater awareness of the appropriate and inappropriate use of electronic communication and technology, there will be fewer violations."

The new electronic communication policy was developed by an ad hoc Faculty Senate committee and approved by Faculty Senate last fall, prior to Gregory joining the University community in December. The policy was approved by UMaine President Peter Hoff in January.

"It is a good policy," Gregory says. "It is well-rounded and tries to protect the University while respecting academic freedom and the First Amendment rights of users.

"A lot of universities don't have formal policies. When I first reviewed it, I also looked at what other universities had. I found 182 published policies out of 3,000 higher education institutions.

Many have not undertaken a formal policy process and some were created back in the '80s and are now woefully out of date."

UMaine has had informal policies and processes concerning electronic communication violations. However, the new policy is "more well-defined and thorough," says Gregory.

Concerns about alleged misuse of technology such as e-mail, Web pages and voice mail are often first reported to the provider, Information Technologies. In maintaining the integrity of the communication networks, IT also monitors heavy traffic, which can be a warning sign of misuse.

The new electronic communication policy reinforces existing campus policies and guidelines concerning harassment.

"Members of the University community need to understand that the definition of discriminatory harassment does not change with the medium used. Communication that is personal and threatening may violate University policy and state law, whether it is delivered in person, on the telephone, or via FirstClass," according to Evelyn Silver, director of Equal Opportunity.

Depending on the nature of the alleged violation, three offices on campus have primary responsibility for investigation and resolution - Public Safety, Office of Equal Opportunity and Judicial Affairs.

A common violation by users involves posting software or electronic media that may be copyrighted to Websites, says Gregory. Such violations are one of many reasons the University has a responsibility to have policies for how its resources can be used.

"If technology stayed constant, we would hope that through awareness of the policy, there would be fewer violations. But technology is always changing and people are always trying something new," Gregory says.

"People are more technologically knowledgeable and have more resources. Today, you can have a $1,500 computer in your room to copy digital music; two years ago, a computer to serve music was in excess of $50,000. It becomes increasingly tempting to use copyrighted music. While there's no malice, it is still a violation of the law.

"We will know if the policy is successful if the number of violations doesn't escalate with greater advances in technology."

In addition to Internet use facilitated by UMaine, the policy also covers the University's Intranet system, FirstClass. Gregory describes FirstClass as "a great communications tool and part of the culture at the University of Maine." In providing the internal communication network, IT must also regulate it to maintain its integrity.

"It is amazing the discussion that has gone on (via the internal electronic communication system). But clearly with something that open and pervasive, there is an opportunity for people to push the limits. We have seen that not so much with BearWorks dialogue and discussion but with other forums on FirstClass."

Unlike the now common use of FirstClass, a wide variety of technologies have grown up in a piecemeal fashion on campus through the years, Gregory says. Now the University community, with IT's leadership, needs to make that technology work together.

The new electronic communication policy will provide the underpinning.

"While we acquired a lot of technology under the present model, it will not serve us for the future," Gregory says. "One of the major goals is to strive for collaborative, distributed technology on campus, rather than having every department on its own and having most of the classrooms still lacking an Internet connection."