Passed: July 1, 1991 UNM ETHICS CODE AND POLICY FOR COMPUTER USE The Computer and Information Resources and Technology (CIRT) and other University of New Mexico (UNM) units provide computer services to a large number of faculty, staff, and students, as well as outside clients of the university. All computer users have two basic rights -- privacy and a fair share of resources. All computer users have the responsibility to use the UNM computer systems in an effective, efficient, ethical, and lawful manner. The ethical and legal standards that are to be maintained are derived directly from standards of common sense and common decency that apply to the use of any public resource within the university. The following policy, rules, and conditions apply to all users of UNM computer services. Violations of any of the conditions are considered unethical and possibly unlawful. UNM views the use of computer facilities as a privilege, not a right, and seeks to protect legitimate computer users by imposing sanctions on those who abuse the privilege. Eliminating computer abuse provides more computing resources for users with legitimate computing needs. UNM's policy for use of its computing facilities is based on the United States Copyright Law and the laws of the State of New Mexico; Chapter 30, Article 45, Computer Crimes. This policy incorporates the definitions in the law and provides guidelines for appropriate use of computers, and outlines the administrative procedures that will be imposed on computer users who fail to comply with the policy. In accordance with established university practices, violations may result in disciplinary action which could result in expulsion from the university or dismissal from a position, and/or legal action. Computer users are governed by the following provisions, which apply to all use of computers and network interconnections owned or administrated by UNM including university-wide microcomputer facilities. I. COMPUTER USERS SHALL RESPECT THE INTENDED USE OF ACCOUNTS ESTABLISHED FOR THEIR USE There are two types of accounts. One is a "University Account" which is the property of the University of New Mexico and is to be used only for university work. The contents of "University Accounts" shall be the property of the authorized user, subject to applicable university copyright and intellectual property policies and applicable federal and state laws. Access to information within these accounts by CIRT personnel may be authorized by the Associate Vice President for CIRT or and his/her designee if CIRT feels the integrity of the system is threatened. In other cases, authorization for non-user access shall be sought from the Vice President to whom the account user reports. All such access must be recorded and the user notified on an appropriate schedule. If the user is a student who was assigned the account by a faculty member, the faculty member also should be notified. The other type of account is a "Private Account" which may be obtained from CIRT via contract at the personal expense of the private user. Such accounts are the property of the owner who is subject to the same conditions of use and laws as any other user, except the account may be used for personal, i.e., private use as contracted. Authorization for the use of the accounts is given by the Schools, Colleges, and other authorized units of the university for specific academic, administrative, or other authorized university purposes. Private accounts shall be used as specified in the contract. Attempts to: (a) defeat the security systems of any UNM computer, (b) circumvent the accounting system, (c) use an account without authorization, or (d) use accounts for other than their intended purposes, are prohibited. Use of an account which invades others' rights of privacy or which misappropriates others' data or files may subject the wrongdoer to both criminal and civil liability. UNM reserves the right to bar a computer user from a university or private account (after due process, including right of appeal) if impropriety is determined by the designated UNM officials. Users should ensure that their account resource limits, both storage and memory, are sufficient for authorized work needs. If individual resources are low, the user should notify the course instructor or other authorized officials to arrange for additional resources. UNM reserves the right to limit a computer user's session if there are insufficient resources or if the user is determined by the responsible authorities to be acting in an irresponsible or unlawful manner. UNM also reserves the right to cancel, restart, or place a hold on a job, process, or program to protect or to improve system performance if necessary. Game playing is not allowed on UNM's systems during any academic semester unless it is sanctioned by an instructor or the unit to which the system belongs. At other times the availability of games is at the discretion of the facility management and may be played when other use is low. II. COMPUTER USERS SHALL RESPECT THE INTEGRITY OF THE SYSTEM Computer users shall not intentionally develop or use programs which harass other computer users of the facility or which infiltrate the system and/or damage the software or hardware components of the system. Computer users shall use great care to ensure that they do not use programs or utilities which interfere with other computer users of the facility or which infiltrate or modify the system or an account. This includes all network links and/or damages caused to the software or hardware components of the system. Computer users shall not use network links for any use other than permitted in network guidelines (e.g., BITNET, Internet). The use of any unauthorized or destructive program may result in legal civil action for damages by any injured party, including the university, as well as criminal action. UNM recognizes the value of academic game development, research on computer security, and the investigation of self-replicating code. Individuals who wish to use UNM central facilities under CIRT control to play games for recreational purposes may be limited by the UNM system administrator to minimize the effects. Restrictions on computer security and self-replicating code are defined in a manner that protects university and individual computing environments, but does not restrict or limit legitimate academic pursuits. The well-being of all computer users depends on the availability and integrity of the system. Any defects discovered in system accounting or system security are to be reported to the appropriate system administrator so that steps can be taken to investigate and solve the problem. The cooperation of all users is needed to ensure prompt action. The integrity of the system is maintained by password protection of accounts. A computer user who has been authorized to use an account may be subject to both civil and criminal liability if the user discloses the password or makes the account available to unauthorized persons without permission. Users are advised to obtain permission in writing where possible to protect themselves when using someone else's account. Use of the electronic communication facilities (such as MAIL or PHONE, or systems with similar functions) to send fraudulent, harassing, obscene, indecent, profane, intimidating, or other unlawful messages is prohibited by state law. Also, the electronic communication facilities are not to be used for the transmission of commercial or personal advertisements, solicitations, promotions, destructive programs, or any other unauthorized use. III. COMPUTER USERS SHALL RESPECT THE PRIVACY OF OTHER COMPUTER USERS Computer users shall not intentionally seek, provide, modify information in, or obtain copies of files, programs, or passwords belonging to other computer users without the permission of those other computer users. This includes all system files and accounts. The UNM system provides mechanisms for the protection of private information from examination by others. Attempts to circumvent these mechanisms in order to gain unauthorized access to the system and to private information are unlawful and certainly will be treated as a violation of UNM policy. Searching through non-public directories, libraries, or any other storage media to find unauthorized information likewise is a violation. Computer users, when requested in writing, shall cooperate with system administrators in investigations of system abuse. Users are encouraged to report suspected abuse, especially any damage to or problems with their files. UNM recognizes that files and mail messages are confidential. Authorized UNM employees may access computer users' files at any time during system mainte- nance and will report suspected unlawful or improper activities to the proper authorities. IV. COMPUTER USERS SHALL RESPECT THE RULES AND REGULATIONS GOVERNING THE USE OF FACILITIES AND EQUIPMENT Each UNM site has specific rules and regulations which govern the use of equipment and facilities at that site. Violation of these rules and regulations is grounds for disciplinary action. Each site has operators, consultants, and/or supervisors who have been given the responsibility to supervise the use of that site. Computer user cooperation with these individuals, and adherence to UNM policies is expected at all times. Students are encouraged to utilize CIRT and other UNM consulting services; however, obtaining program code from CIRT or other staff when forbidden by an instructor is prohibited. V. COMPUTER USERS SHALL RESPECT THE PROPRIETARY RIGHTS OF SOFTWARE All software protected by copyright shall not be copied except as specifically stipulated by the owner of the copyright. Protected software is not to be copied into, from, or by any UNM facility or system, except by license. This means that such computer and microcomputer software may only be copied in order to create backup copies, if so licensed. The number of copies and distribution of the copies may not be done in such a way that the number of simultaneous users in a department exceeds the number of original copies purchased by that department, unless otherwise stipulated in the purchase contract.