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riceu.txt
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George Rupp
August 10, 1990
Rice University's Appropriate Use of Computing Facilities Policy
University Computing Policy
Policy No. 832-90
APPROPRIATE USE OF COMPUTER FACILITIES
Rice University maintains computers, computer networks, connections
to external computer networks, and subscriptions to external
computer services, collectively referred to as ``Computer
Facilities'', for the purpose of conducting and fostering the
instructional and research activities of the University.
Rice University licenses copyrighted and proprietary programs, data
and documentation, collectively referred to as ``Licensed Software'',
for its Computer Facilities. In the course of their use of Rice's
Computer Facilities in support of the University's instructional
and research activities, the faculty, students, and staff of Rice
University and its subcontractors and agents develop programs, data
and documentation, collectively referred to as ``Software''.
In order to maximize usefulness of Computer Facilities to instructional
and research activities, the University provides access to such
Computer Facilities in the most open manner permitted by the owners or
providers of such Computer Facilities. However, individual users are
responsible for obtaining authorization prior to use of any Computer
Facility. The failure of a Computer Facility to prevent unauthorized
use does not relieve the user of this responsibility.
Proscribed Activities
The following activities involving use of Computer Facilities are
prohibited:
Transmitting unsolicited information which contains obscene, indecent,
lewd or lascivious material or other material which explicitly or
implicitly refers to sexual conduct;
Transmitting unsolicited information which contains profane language or
panders to bigotry, sexism, or other forms of discrimination;
Communicating any information concerning any password, identifying
code, personal identification number or other confidential information
without the permission of its owner or the controlling authority of the
Computer Facility to which it belongs;
Creating, modifying, executing or retransmitting any computer program
or instructions intended to gain unauthorized access to, or make
unauthorized use of, a Computer Facility, Software or Licensed
Software;
Creating, modifying, executing or retransmitting any computer program
or instructions intended to obscure the true identity of the sender of
electronic mail or electronic messages, collectively referred to as
``Messages'', including, but not limited to, forgery of Messages and/or
alteration of system and/or user data used to identify the sender of
Messages;
Accessing or intentionally destroying Software or Licensed Software in
a Computer Facility without the permission of the owner of such
Software or Licensed Software or the controlling authority of the
Facility;
Making unauthorized copies of Licensed Software;
Communicating any credit card number or other financial account number
without the permission of its owner;
Effecting or receiving unauthorized electronic transfer of funds;
Violating any laws or participating in the commission or furtherance of
any crime or other unlawful or improper purpose;
Using the Computer Facilities in a manner inconsistent with the
University's contractual obligations to suppliers of Computer
Facilities or with any published University policy.
Mailing Lists
It is the responsibility of any user of an electronic mailing list to
determine the purpose of the list before sending messages to the list
or receiving messages from the list.
Persons subscribing to an electronic mailing list will be viewed as
having solicited any material delivered by the list as long as that
material is consistent with the purpose of the list. Persons sending
to a mailing list any materials which are not consistent with the
purpose of the mailing list will be viewed as having sent unsolicited
material to the mailing list.
Student Use of External Computer Facilities
Student use of external Computer Facilities is permitted in the
following circumstances:
With the permission of the Project Director when the student's formal
involvement in a sponsored research activity requires such access,
With the permission of the supervisor when employment by a University
department requires such access, or
With the permission of the Vice President for Graduate Studies,
Research, and Information Systems when a member of the Faculty affirms
in writing that a proposed use is required by or enhances the student's
education.
Exceptions
The Vice President for Graduate Studies, Research, and Information
Systems is the point of contact for approval of any activities at
variance with the above practice.
Governing Law
In addition to University policy, unauthorized access to Computer
Facilities, Software and Licensed Software is the subject of both
Federal and State Law. A brief summary of Federal and Texas Law
relevant to this issue follows. Note that the laws of other states may
be applicable depending on the actual location of the Computer
Facility(ies) in question.
Federal Law
It is a violation of Federal Law intentionally (1) to access a computer
without authorization and thereby to obtain classified information; (2)
to access a computer without authorization and thereby to obtain
financial records of a financial institution; (3) to access any U. S.
Government computer without authorization if such conduct affects the
use of the Government's operation of the computer; (4) to access a
Federal computer without authorization with the intent to defraud; (5)
to access a financial institution or U. S. Government computer
without authorization and thereby alter, damage, or destroy information
which causes losses to others or which modifies or impairs medical
diagnosis, treatment, or care; or (6) with intent to defraud to traffic
in passwords or similar information through which a computer may be
accessed if the trafficking affects interstate commerce or the computer
is used by the U. S. Government. The penalty can be a fine or as
much as 20 years in the Federal penitentiary for certain of these
violations (18 USCA 1030).
Copyright is a constitutionally conceived property right which is
designed to promote progress of science and the useful arts by securing
for an author the benefits of his/her original work for a limited time
(US Constitution Art. I, Sec. 8). Congress has passed the Copyright
statute (17 USCA 101 et seq) to implement this policy by balancing
the author's interest against the public interest in the dissemination
of information affecting areas of universal interest.
Texas Law
It is a violation of Texas Law intentionally (1) to use a computer
without the consent of its owner or to access data stored in a computer
system without the consent of its owner or licensee if you know there
is a security system intended to prevent your doing either of these
things; (2) to give passwords, or similar confidential information
about a computer security system to another person without the consent
of the person employing the security system to restrict access to a
computer or its data; (3) to cause a computer to malfunction or to
interrupt operation of a computer system without the consent of its
owner; or (4) to alter, damage, or destroy data or a computer program
in a computer without the consent of the owner or licensee of the data
or computer program. Convictions under the Computer Crimes section of
the Texas Penal Code can result in a sentence of a fine up to 5,000
and a jail sentence up to ten years (7 Texas Penal Code, 33).