Cyberspace Citizen Code

Your Washburn user IDs, passwords, and network connections are the keys to your entry into cyberspace, the online world of e-mail and the Web.  In cyberspace, the impact of your published written word may reach farther than it does on paper.

However, cyberspace is not a separate legal jurisdiction.  The same federal, state, and local laws that apply in the "offline" world also apply in cyberspace. Washburn policies and procedures that apply while communicating with a colleague on campus also apply when you are communicating in cyberspace.

Cyberspace Citizen Code is based on the following principles:

Laws and Washburn policies applicable in cyberspace include (but are not limited to):

Libel

“Rule of thumb: Say about others as you would have them say about you.”

Libel is the publication of a false statement about a person which harms that person's reputation. To be "published" it must be communicated to a third person. So, if you send a statement such as "John is an ex-convict." to someone other than John and the statement is not true, you have sent a libelous statement. If you post this on a bulletin board that has hundreds of readers, the damages would increase. Rule of thumb: Say about others as you would have them say about you.

Invasion of Privacy

If you are in a public lab and discover that the person before you did not log out, this does not give you the right to read that individual's e-mail. If you are a systems administrator with "super user" access, this does not give you the right to access other people's files. These are examples of protection provided to us in cyberspace by the Electronic Communications Privacy Act, a federal statute which says that it generally is a crime to intercept someone else's private computer account without appropriate authorization.

Examples of instances where it may be OK for a person with the appropriate university authorization to gain access to someone else's computer account include:

  • Troubleshooting hardware and software problems
  • Preventing system misuse
  • Investigating reports of violations of policies or local, state or federal laws in conjunction with the appropriate authorities
  • Complying with legal requests for information

In recent years, the threat of identify theft has grown even larger through theft in cyberspace. If you believe that someone has gained access to your account illegally, report it by sending e-mail to acceptable-use@washburn.edu.

The Family Education Rights and Privacy Act (FERPA) protects the privacy of student records. See the Student Records section of the Washburn catalog (www.washburn.edu/catalog) for an explanation of the rights of students and responsibilities of employees regarding educational records.

Obscenity

Obscenity, while also a crime, is more difficult to define. Obscenity basically means hardcore pornography that has no literary, artistic, political or other socially redeeming value. But what is considered to be obscene differs from one community to another. This makes something that is potentially obscene a high risk, since the audiences reached may have different definitions of obscenity.

Lewd or obscene behavior is a violation of Washburn's Student Conduct Code, Sexual Harassment Policy and the Acceptable Use of Computing Resources policy. Examples of such violations in cyberspace include:

  • posting something on a Web site which could be interpreted as being obscene
  • sending e-mail which could be perceived by the recipient as obscene
  • viewing material that is offensive to others in a public lab setting

Child pornography, the visual depiction of minors engaged in sexually explicit activity, is criminal activity. Persons posting child pornography in cyberspace have been prosecuted and convicted.

Hacking and Cracking

The federal Computer Fraud and Abuse Act and other similar statutes make it a crime to:

  • access or use a computer without authorization
  • alter data in a computer without authorization

At Washburn, e-mail accounts and computer accounts are assigned to individuals and are NOT to be shared. If a colleague gives you their username and password, do NOT use it.

Choose passwords that are difficult to guess. If you suspect that someone has hacked into your account or the Washburn network, report this immediately to: acceptable-use@washburn.edu.

Spam

Anti-spam laws are beginning to surface in many states. You are a victim of spam if you are the recipient of an unwanted mass mailing. Sometimes the mass mailing will even look like it came from a colleague, and this can be very disturbing. If you are concerned about spam you have received, Information Technology Services (ITS) User Services personnel can assist in helping you determine what is spam and what is not.

You may be able to use e-mail software to "forge" your e-mail, but just because this is technically possible, it does not give you the right to do so.

Harassment and Threats

Sending repeated, unwanted personal messages to a Washburn cyberspace citizen is a violation of the Student Conduct Code and the Acceptable Use of Computing Resources.

If you receive repeated, unwanted personal e-mails you consider harassing, contact the University Police, ext. 1153.

The USA Patriot Act covers usage of cyberspace resources for the purpose of terrorism. If you receive a terrorist threat through cyberspace, contact the University Police, ext. 1153.

Other Unacceptable Uses

The following are examples of other violations of Washburn's Cyberspace Citizen Code:

  • using Washburn's network and computers for commercial gain
  • using more than your share of Washburn's bandwidth
  • setting up Internet servers without the permission of ITS

For Further Information:

Consult Washburn Policies at www.washburn.edu/policies.html.

Virtual Legality: An Overview of Your Rights and Responsibilities in Cyberspace at legal.ohio-state.edu/virtual.html

The general guidelines in this document do not constitute specific legal advice. The resolution of specific legal and policy issues requires an analysis of all the facts and circumstances.