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An acceptable use policy (AUP), acceptable usage policy or fair use policy is a set of
rules Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pert ...
applied by the owner, creator or administrator of a
computer network A computer network is a set of computers sharing resources located on or provided by network nodes. The computers use common communication protocols over digital interconnections to communicate with each other. These interconnections are ...
website A website (also written as a web site) is a collection of web pages and related content that is identified by a common domain name and published on at least one web server. Examples of notable websites are Google, Facebook, Amazon, and W ...
, or service. That restricts the ways in which the network, website or system may be used and sets guidelines as to how it should be used. AUP documents are written for
corporations A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
,
businesses Business is the practice of making one's living or making money by producing or buying and selling products (such as goods and services). It is also "any activity or enterprise entered into for profit." Having a business name does not separ ...
,
universities A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United State ...
,
school A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes co ...
s,
internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise priva ...
s (ISPs), and website owners, often to reduce the potential for
legal action In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
that may be taken by a user, and often with little prospect of enforcement. Acceptable use policies are an integral part of the framework of
information security Information security, sometimes shortened to InfoSec, is the practice of protecting information by mitigating information risks. It is part of Risk management information systems, information risk management. It typically involves preventing or re ...
policies; it is often common practice to ask new members of an organization to sign an AUP before they are given access to its information systems. For this reason, an AUP must be concise and clear. While at the same time covering the most important points about what users are, and are not allowed to do with the IT systems of an organization, it should refer users to the more comprehensive security policy where relevant. It should also, and very notably define what sanctions will be applied if a user breaks the AUP.
Compliance Compliance can mean: Healthcare * Compliance (medicine), a patient's (or doctor's) adherence to a recommended course of treatment * Compliance (physiology), the tendency of a hollow organ to resist recoil toward its original dimensions (this is a ...
with this policy should as usual, be measured by regular
audit An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon.” Auditing ...
s. In some cases a fair usage policy applied to a service allowing nominally unlimited use for a fixed fee simply sets a cap on what may be used. This is intended to allow normal usage but, prevent what is considered excessive. For example, users of an "unlimited"
broadband Internet In telecommunications, broadband is wide bandwidth data transmission which transports multiple signals at a wide range of frequencies and Internet traffic types, that enables messages to be sent simultaneously, used in fast internet connections. ...
service may be subject to suspension, termination, or bandwidth limiting for usage which is continually excessive, unfair, affects other users enjoyment of the broadband service. Also it is not consistent with the usage typically expected on a particular access package". The policy is enforced directly, without legal proceedings.


Terminology

AUP documents are similar to and often serve the same function as the '' Terms of Service'' document (e.g., as used by Google Gmail and Yahoo!), although not always. In the case of IBM for instance, the Terms of Use are about the way in which IBM presents the site, how ''they'' interact with visitors of the site and little to no instruction as to how to use the site. In some cases, AUP documents are named ''Internet and E-mail Policy'', ''Internet AUP'', ''Network AUP'', or ''Acceptable IT Use Policy''. These documents, even though named differently, largely provide policy statements as to what behavior is acceptable from users of the local network/Internet connected via the local network.


Common elements of AUP statements

In general, AUP statements/documents often begin with a statement of the philosophy of the sponsoring organization and intended reason as to why Internet use is offered to the users of that organization's network. For example, the sponsoring organization adopts a
philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. ...
of self-regulation and offers the user connection to the local network and also connection to the Internet providing that the user accepts the fact she/he is going to be personally responsible for actions taken when connected to the network or Internet. This may mean that the organization is not going to provide any warning system should the user contravene policy, maintaining that it is up to the user to know when his/her actions are in violation of policy. Often Acceptable Use Policy documents provide a statement about the use of the network and/or Internet and its uses and advantages to the business, school or other organisation sponsoring connection to the Internet. Such a statement may outline the benefit of email systems, ability to gain information from
website A website (also written as a web site) is a collection of web pages and related content that is identified by a common domain name and published on at least one web server. Examples of notable websites are Google, Facebook, Amazon, and W ...
s, connection with other people through the use of
instant messaging Instant messaging (IM) technology is a type of online chat allowing real-time text transmission over the Internet or another computer network. Messages are typically transmitted between two or more parties, when each user inputs text and tri ...
, and other similar benefits of various protocols including the relatively new VoIP services. The most important part of an AUP document is the code of conduct governing the behaviour of a user whilst connected to the network/Internet. The
code of conduct A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. Companies' codes of conduct A company code of conduct is a set of rules which is commonly writt ...
may include some description of what may be called netiquette which includes such items of conduct as using appropriate/polite language while online, avoiding illegal activities, ensuring that activities the user may embark on should not disturb or disrupt any other user on the system, and caution not to reveal personal information that could be the cause of
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
. Most AUP statements outline consequences of violating the policy. Such violations are met with consequences depending on the relationship of the user with the organisation. Common actions that schools and universities take is to withdraw the service to the violator and sometimes if the activities are illegal the organization may involve appropriate authorities, such as the local police. Employers will at times withdraw the service from employees, although a more common action is to terminate employment when violations may be hurting the employer in some way, or may compromise
security" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known locat ...
. Earthlink, an American
Internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise priva ...
has a very clear policy relating to violations of its policy. The company identifies six levels of response to violations: * issue warnings: written or verbal * suspend the Member's newsgroup posting privileges * suspend the Member's account * terminate the Member's account * bill the Member for administrative costs and/or reactivation charges * bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Central to most AUP documents is the section detailing unacceptable uses of the network, as displayed in the University of Chicago AUP. Unacceptable behaviours may include creation and transmission of offensive,
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
, or
indecent Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications. Co ...
document A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" o ...
or
image An image is a visual representation of something. It can be two-dimensional, three-dimensional, or somehow otherwise feed into the visual system to convey information. An image can be an artifact, such as a photograph or other two-dimensio ...
s, creation and
transmission Transmission may refer to: Medicine, science and technology * Power transmission ** Electric power transmission ** Propulsion transmission, technology allowing controlled application of power *** Automatic transmission *** Manual transmission ** ...
of material which is designed to cause
annoyance Annoyance is an unpleasant mental state that is characterized by irritation and distraction from one's conscious thinking. It can lead to emotions such as frustration and anger. The property of being easily annoyed is called irritabilit ...
, inconvenience or
anxiety Anxiety is an emotion which is characterized by an unpleasant state of inner turmoil and includes feelings of dread over anticipated events. Anxiety is different than fear in that the former is defined as the anticipation of a future threat wh ...
, creation of defamatory material, creation and transmission that infringes
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
of another person, transmission of unsolicited
commercial Commercial may refer to: * a dose of advertising conveyed through media (such as - for example - radio or television) ** Radio advertisement ** Television advertisement * (adjective for:) commerce, a system of voluntary exchange of products and s ...
or
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
material and deliberate unauthorised access to other services accessible using the connection to the network/Internet. Then there is the type of activity that uses the network to waste time of technical staff to troubleshoot a problem for which the user is the cause, corrupting or destroying other user's data, violating the privacy of others online, using the network in such a way that it denies the service to others, continuing to use software or other system for which the user has already been warned about using, and any other misuse of the network such as introduction of viruses.
Disclaimer A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative langua ...
s are often added in order to absolve an organisation from responsibility under specific circumstances. For example, in the case of Anglia Ruskin University a disclaimer is added absolving the University for errors or omissions or for any consequences arising from the use of information contained on the University website. While
disclaimer A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative langua ...
s may be added to any AUP, disclaimers are most often found on AUP documents relating to the use of a website while those offering a service fail to add such clauses. Particularly when an AUP is written for a college or school setting, AUPs remind students (or when in the case of a company, employees) that connection to the Internet, or use of a website, is a privilege, a
demonstrated in the Loughborough University's Janet Service AUP
and not a right. Through emphasising this "privilege" aspect,
Northern Illinois University
then make the connection that any abuse of that privilege can result in legal action from the University. In a handbook for writing AUP documents, the Virginia Department of Education indicate that there are three other areas needing to be addressed in an AUP: * a statement that the AUP is in compliance with state and national telecommunication rules and regulations * a statement regarding the need to maintain personal safety and privacy while accessing the Internet * a statement regarding the need to comply with Fair Use Laws and other copyright regulations while accessing the Internet Through a cursory reading o
AUP statements found by a Google Search
the variation of the inclusion of these items in AUP documents is highly variable. However, those statements in a school or university setting are more likely to include a statement to address at least the "personal safety" issue.


Enforceability

Example:
6.3 This Policy shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
Due to the many jurisdictions covered by the Internet, the AUP document needs to specify the jurisdiction, which determines the laws that are applicable and govern the use of an AUP. Even if a company is only located in one jurisdiction and the AUP applies only to its employees, naming the jurisdiction saves difficulties of interpretation should legal action be required to enforce its statements. AUP can be effectively enforced with Content and URL filters.


See also

* Terms of service * Lee v. PMSI, Inc., a U.S. District Court Case that found violating an acceptable use policy did not violate the
Computer Fraud and Abuse Act The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law pro ...
.


References


External links


Critiquing Acceptable Use Policies
by ''Dave Kinnaman'' {{DEFAULTSORT:Acceptable Use Policy Information technology management Terms of service