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Acceptable Use of CSULB Electronic Communications Systems and Services - Appendix A

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APPENDIX A DEFINITIONS

Compelling Circumstances

Circumstances in which failure to act might result in significant bodily harm, significant property loss or damage, loss of significant evidence, or significant liability to the University or to members of the University community.

Electronic Communications

Any transfer of signals, writings, images, sounds, data or intelligence that is created, sent, forwarded, replied to, transmitted, distributed, broadcast, stored, held, copied, downloaded displayed, viewed, read, or printed by one or several electronic communications systems. For the purpose of this policy, an electronic file that has not been transmitted is not an electronic communication.

Electronic Communications Records

The contents of electronic communications created, sent, forwarded, replied to, transmitted, distributed, broadcast, stored, held, copied, downloaded, displayed, viewed, read, or printed by one or several electronic communications systems or services. This definition of electronic communications records applies equally to attachments to such records and transactional information associated with such records.

Electronic Communication Resources

Telecommunications equipment, transmission devices, electronic video and audio equipment; encoding or decoding equipment, computers and computer time, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, and related computer records, programs, software, and documentation that supports electronic communications systems and services.

Electronic Communications Systems and Services

Any messaging, collaboration, publishing, broadcast, or distributions system that depends on electronic communications resources to create, send, forward, reply to, transmit, distribute, broadcast, store, hold, copy, download, display, view, read, or print electronic records for the purposes of communication across electronic communications network systems between or among individuals or groups, that is either explicitly denoted as a system for electronic communications or is implicitly used for such purposes.

Holder of an Electronic Communications Record or Electronic Communications Holder

An electronic communications user who, at a given point in time, is in possession or receipt of a particular electronic communications record, whether or not that electronic communications user is the original creator or a recipient of the content of the record.

Matter

Any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine or material.

Obscene Matter

Defined in Section 311 of the Penal Code as any matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, take as a whole, lacks serious literary, artistic, political, or scientific value.

The prohibition regarding obscene matter does not apply to accessing, viewing, downloading, or otherwise obtaining obscene matter for use consistent with legitimate law enforcement purposes, to permit the university to conduct an administrative disciplinary investigation, or for legitimate medical, scientific, academic, or other legitimate university purposes.

Possession of Electronic Communications Record

An individual is in possession of an electronic communications record, whether the original record or a copy or modification of the original record, when that individual has effective control over the location of its storage or access to its content. Thus, an electronic communications record that resides on an electronic communications system awaiting download to an addressee is deemed, for the purposes of this Policy, to be in the possession of that addressee. Systems administrators and other operators of University electronic communications system and services are excluded from this definition of possession with regard to electronic communication not specifically created by or addressed to them. Electronic communications users are not responsible for electronic communications records in their possession when they have no knowledge of the existence or contents of such

Substantial Reason

Reliable evidence indicating that violation of law or University Policy has occurred, as distinguished from rumor, gossip, or other unreliable evidence.

Time-dependent, Critical Operational Circumstances

Circumstances in which failure to act could seriously hamper the ability of the University to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities, or to faculty research or matters of shared governance.

University Electronic Communications Record

A Public Record in the form of an Electronic communications record, whether or not any of the electronic communications resources utilized to create, send, forward, reply to, transmit, distribute, broadcast, store, hold, copy, download, display, view, read, or print the electronic communications record are owned by the University. This implies that the location of the record, or the location of its creation or use, does not change its nature (i) as a University electronic communications record for the purposes of this or other University policies, and (ii) as having potential for disclosure under the California Public Records Act.

Until determined otherwise or unless it is clear from the context, any electronic communications record residing on university-owned or controlled telecommunications, video, audio, and computing facilities will be deemed to be a University electronic communications record for purposes of this Policy. This includes personal electronic communications. Consistent with the principles of least perusal and least action necessary and of legal compliance, the University must make a good faith a priori effort to distinguish University electronic communications records from personal and other electronic communications in situations relevant to disclosure under the California Public Records Act and other laws, or for other applicable provisions of this Policy.

University Electronic Communications Systems and Services

Electronic communications systems and services owned or operated by the University, auxiliary organization or provided through contracts with the University or auxiliary organization.

Use of Electronic Communications systems and Services

To create, send, forward, reply to, transmit, distribute, broadcast, store, hold, copy, download, display, view, read, or print electronic communications with the aid of electronic communication systems and services. An electronic Communications user is an individual or organization who makes use of electronic communications services.

The act of receipt of electronic communications records as contrasted with actual viewing of the record by the recipient is excluded from the definition of “use” to the extent that the recipient does not have advance knowledge of the contents of the electronic communications record.

User

University students, faculty and staff, emeritus and employees of the University’s auxiliary organizations who have legitimate access University electronic communications resources. Users may also be persons or organizations who have legitimate access to University electronic communications resources under programs sponsored by the University and authorized by the University President.