Acceptable Use Policies

1. Introduction

According to Palgi (1996) and Kelly (1999) there are very specific components that must be considered when developing an acceptable use policy. “A well-written Acceptable Use Policy focuses on responsible use of computer networks, including the Internet, and access and transmitting of information” (Palgi, 1996). “Acceptable use policies arose, in part, in response to public anxiety over media accounts of objectionable Internet resources. In addition to soothing those anxieties, AUPs help schools handle a number of online issues by setting standards for responsible conduct” (Kelly, 1999).

According to Kelly (1999), the major components of an effective Acceptable Use Policy can be developed under four major headings: definition and purpose, rights, responsibilities and risks, penalties, and acceptance and (parental) consent. Analyzing Acceptable Use Policies in this manner should allow the examiner to find relevant references to technology, copyright, and legal, ethical, and safety standards.

A. Definition & Purpose.

The Internet is an electronic communications network, which provides vast, diverse, and unique resources. The goal should be to promote educational excellence by facilitating resource sharing, innovation, and communication. Some policies also state the kind of Internet tools that are available and what students will be able to access with those tools.

B. Rights, Responsibilities, & Risks.

Most policies stress that Internet access is a privilege, not a right, and that students must agree to obey specific standards of online behavior, language, content, and security. Many policies inform parents that their child may encounter objectionable materials and encourage them to guide their children's use of the Internet. It also lets parents know they have the right to decline Internet access for their child.

Ultimately, the school staff, parents, and guardians of minors are responsible for setting and conveying the standards that students should follow when using media and information sources.

With online resources, educators can only encourage appropriate use and discourage inappropriate use. Like the statement above, most policies indicate that schools cannot regulate content and urge parents to determine additional guidelines for their children to follow.

C. Penalties.

Once they've set guidelines, AUPs indicate penalties for students who fall to follow them. In most policies, violations may result in loss of access privileges and even criminal prosecution in cases of vandalism or harassment. Policies should identify which rules state and federal law covers.

It is important to consider the need for due process in handling violations. Students should be notified of alleged violations and allowed to respond as they would to any charge of misconduct.

D. Parental Consent.

This portion releases schools from liability for system failures, student actions, and offensive resources. Both students and parents must sign agreements indicating they understand the guidelines for online access and take full responsibility for compliance. Most AUPs also include disclaimers noting that schools make no warranties for service or resources and that users navigate the Internet and use information at their own risk.

Using these suggestions, it is possible to develop a checklist to guide the development of an Acceptable Use Policy

This checklist developed from suggestions made by:

Palgi, Rebecca D.. "Rules of the Road: Why You Need an Acceptable Use Policy." School Library Journal, Aug 01, 1996 , Vol. 42, Issue 8, p 32.

McCollum, Kelly. "On Line, Ways To Misbehave Can Outpace College Rules." Chronicle of Higher Education, Sep 17, 1999 , Vol. 46, Issue 4, p A35.

2. Analysis of two Acceptable Use Policies from school systems in Alabama .

A. Acceptable Use Policy for XXXX Elementary School (XXXXXXXXXX County Schools)

I was able to obtain a copy of the XXXXXXXXXX Student Agreement and Parent Permission Form for Use of Networked Information Resources from XXXX, principal of XXXX Elementary School .

This document dates from December 9, 1996 and is given to all members of the schools in the XXXXXXXXXX Schools system. To my knowledge it is the currently used document for the XXXXXXXXXX Schools.

After reading through the XXXX Student Agreement and Parent Permission Form, I was able to complete the table I had created from the suggestions gathered from Palgi (1996) and McCollum (1999).

Definition and Purpose:

The philosophical statement was fairly clear in this document. The document begins with recognition by the board that “access to information is a fundamental right of citizenship”. The document also points out that this information, because of the nature of telecommunications, may “not have been screened by educators”. There was a brief statement that suggested the technology to support the educational mission” of the county. The technology provided to the schools was to be primarily used for communication and research. There was no mention of innovation in the purpose.

Rights, Responsibilities, & Risks:

As noted, in the introduction, there was recognition that the access to information is a fundamental right. There was also recognition that there is a risk that information found on the Internet has not necessarily been screened by educators. The dangers and risks are noted incidentally in the document under the rules of behavior. The document goes into detail about what not to use the Internet for and, in a fashion this informs the user of the risks.

The parental permission form mentions briefly states that “some materials on the Internet may be objectionable”. There was no mention to copyright laws, but there was detailed warning against pornography or sexually oriented material, dangerous or violent material and using the computer to “advertise and solicit” or to use Internet accounts for commercial purposes.

There is no statement telling parents they have the right not to sign the form. The form itself is worded in a way to intimate that signing it is requirement to attending school. It does clearly inform the parent that it is their ultimate responsibility to provide guidance.

Penalties:

There was no clear evidence of penalties on the parent form. The teacher document was much clearer about what was acceptable use and what would happen to a user who violated the rules: “disciplinary action, which could include termination and under certain circumstances could result in legal action…” Though a powerful statement, there was no clarity on the line between rules developed by the XXXXXXXX County and those that are state and federal laws.

Parental Consent:

The parent consent form clearly places the responsibility for using the XXXXX XXXXX Schools Network and Computer Resources on the users and their parents. There was no statement that really absolves the school from any harm that may come from using the networked resources.

B. Acceptable Use Policy for XXXX County Board Of Education

I was able to obtain a copy of the XXXX County Board of Education Internet Safety Policy and Policy Manual excerpts for Internet Acceptable Use Permission Form from the XXXXXX High School Office.

This document dates from February 26, 1998 and was amended September 9, 1999 . It is given to all teachers, students and parents of the schools in the XXXXX County Education System. To my knowledge it is the currently used document.

After reading through the XXXXX County Board of Education policies, I was able to complete the table I had created from the suggestions gathered from Palgi (1996) and McCollum (1999).

Definition and Purpose:

This document begins with very clear definitions and clearly stated purpose. There is a definition of the Internet and a description of what is possible and how it should be used . It is clear that XXXXX County Board of Education believes that the networked resources can be used to “explore thousands of libraries, databases, museums and other resources”, and that users can “exchange personal communication with other users around the world”.

Rights, Responsibilities, & Risks:

There is a brief note that the use of the resources provided is “a privilege, not a right and may be revoked if abused”. This is followed by a list of rights that are held by users of the resources: privacy, safety, intellectual freedom, and equal access.

The responsibilities of the user are well detailed in the section on the guidelines for using the networked resources. Especially noteworthy is the reminder to “notify an adult if you encounter materials that violate the school code of conduct”. It is very clearly stated what the expectations are and what is acceptable.

Users are informed that, “some of these resources contain items that are illegal, defamatory, inaccurate, or potentially offensive”. There is mention that one may encounter “threats, chain letters, child pornography, drug dealing,” etc. There is also a statement that “educators believe the benefits to students from access to the Internet exceed the disadvantages.

Penalties:

Users are expected to adhere to the school code of conduct at all times and sanctions range from loss of access to involvement by law enforcement agencies. There is no clear distinction between actions that are against school policy and those that are state or federal laws. In the staff information there is one line that mentions the violation of copyright law.

Parental Consent:

The parent consent form informs parents that they may contact a school official if they have any questions. There is also a line in the permission form that allows parents to refuse the use of the Internet for their child. Parents are given a space to declare that they “prefer that (their) child not use email and the Internet while at the school.

Parents are made aware that they hold the ultimate responsibility for their child's actions and are expected to read and understand the Internet policy before signing and returning the form.

There is a place for the students and the parents/guardians to sign.

3. Comparisons

It appears that both policies get caught in the trap that networked resources can only be used to research and communicate and that the user must be careful at all times not to break any rules for fear of punishment.

The XXXXX County document is much more positive in its wording. It gives the impression that the school board actually wants its constituents to use the technology available. The document from XXXXXXXX County leads one to fear using the system in any way for fear of severe punishments. The XXXXX County document encourages users to use the resources and to contact someone if faced with an incident of risk .

The XXXXX County document contains more detail and more useful information and seems to have been developed with more thought and foresight than the XXXX document. The XXXX document is a good beginning and contains good information for covering the legal responsibilities of the county education board.

Both documents do well in discussing the technology of the Internet and networked resources and they both deal with the legal issues. The XXXXX County document does better when dealing with safety standards. Although both documents expect the users to follow high moral and ethical standards, the XXXXX County document is the clearer of the two on what this actually means, i.e., do not use the computer to hurt, harass, attack or harm other people”. The user is guided not to install software or download unauthorized files, etc, and not to violate copyright laws, but what this means is not explained.

Neither document seems too concerned with copyright law infringements. Perhaps this is due to being written in the late 1990's, before the significant interest in copyright issues brought on by the “Napster” legal battles, and media attention to the music industry complaints on file sharing technology. Today's file sharing is tomorrow's copyright law infringement.

4. Revisions

It may be useful to include a statement regarding what resources should be available in the schools in XXXXXXXXXX County . This would help provide equity from one to another and make it clear to all members of the system what is available. Knowledge of what is there may provide motivation to actually use the resources.

An acceptable use policy need not be simply a document that threatens the user to not misuse the available resources. It should be a statement of how to use the resources in an acceptable manner.

There really needs to be some more information in this document regarding the rights of the user and the risks inherent in using electronic media, telecommunications, etc. This document stresses too much the restrictions placed on the user and the responsibilities accepted by signing the agreement. An outside observer may be led to conclude that technology provided by the XXXXXXXXXX County School System was not very user friendly. This is especially true for teachers.

The parental form is very simple and does not help the parent who does not have an understanding of technology. The form expects parents to accept ultimate responsibility, but for parents who have no understanding of the risks, etc., this is very much a mute point.

Even though teachers and students are becoming more aware of the uses of the Internet and are becoming less wary of technology, most people are still reluctant to attempt to fully use technology to the fullest extent. There is still a great deal of “techno-phobia” in society. It needs to be made clear that there are dangers of finding web sites that have no educational value and that there is pornography and other distasteful material on the Internet. However, the guidelines should reassure users that they could contact someone in case of stumbling upon unacceptable material. It isn't always the users fault and the wording of many policy statements strike fear into the user and give strength to nay-say'ers who would like to censor the Internet. Some balance need be reached in this area.

Although the document from the XXXXX County Board of Education lists more positive uses of the Internet, it fails to suggest what innovative uses networked resources may present. It would be very helpful to individuals signing this form to understand that the resources provided can be used for more than just exploring the Internet and communication with others.

The document from the XXXXX County Board of Education is well written, helpful and encouraging to the user. It contains all the elements required for an Acceptable Use Policy. It would make be useful to include more mention of what other uses networked resources could have and more attention given to copyright laws.

The Internet is an ever-evolving community and Acceptable Use Policies need constant review and revision. It should be noted that as our society develops a clearer understanding of technology and the Internet, the line between what is legal and ethical is becoming smaller and smaller. As a society in general, we are accepting that most of our legal code is based on ethical considerations and vice versa.