Gee Jeffery A.
Hi there Audit Fans - Lets look at NoteWell and figure out how it
interacts with Corporate Governance and Compliance Policies...
First of all, you keep using the word "NOTEWELL" as if it is the name
of
something. Perhaps a policy, or a system, or a process, or a body of
documents, or ... I don't know. But the IETF has no process or body of
material which it calls "NOTEWELL" or "NoteWell" or anything like that.
Hmmm - I wonder what CMU's lawyers would say about that Jeffrey?
Universities provide e-mail services to their students, staff, faculty,
alumni, and frequently guests.
until November of last year I was TGlassey(_at_)Stanford(_dot_)EDU so I wouldnt
have
ever known this... Thanks. And BTW - true - but only through a limited and
very specific EULA usually... and an EULA that BTW prevents one from access
when they violate the terms of the EULA including the posting of anything
through that channel which would violate the posting-ip management rules of
the ISP - in this case the University.
I have accounts with dozens of schools.
Me too...
None of these schools make a claim on the IP sent in e-mail via their
servers.
You think?
In fact, many universities have strict privacy policies that
state that e-mail belongs to the users and not to the University.
Uh, would that be personal email, work email, or class email? 'cause the
answer is "Uh gee - not always." Class related email always belongs to the
University and is considered deparmental IP and there are numerous other
cases as well so this is blantently not true as a blanket statement, in fact
if you are a grad student they own everything - you mind - everything -
read the admission agreement again.
Likewise if you are a post-graduate researcher they own it all... What is
true is that the Schools may not lay claim to the IP based on the
conversation you are having, but ALL of the commercial entities do and their
employee's know it.
The
universities I have worked for have frequently fought actions to obtain
access to the contents of individual's e-mails unless sought under an
appropriate warrant.
Right - but that is much easier now under SCA and the CFAA's reach after
Theofel.
Universities much like ISPs such as Yahoo, Google, AOL, etc. provide
e-mail as a service to their users in order to obtain secondary benefit.
Ah yes - And they also accept liability therein which is why they ALL have
DMCA compliance policies... which gets us to the EULA and whether it is a
violation of the EULA between the University and the IETF's Participants who
are subject to those rules (the University's EULA) when the IETF refuses to
meet the same DMCA control-requirements as the University's mandate
internally...
As to the Schools, the school's do lay claim to IP that they happen to
already own, in the form of IP that was developed with the use of their
facilities. What is actually the real thing to notice here is "that the
School's do not allow for you to transfer IP through their systems which you
do not already own or hold some tangible rights/license to"."likewise they
dont allow the use of their ISP Services by their EULA constrained users to
violate any of their own rules whether you violate those policies internal
to their facilities or through their ISP facilities to some other site."
So if the school has a DMCA policy - then I think it makes sense that the
IETF must also have a matching or acceptable one on its side or technically
speaking - you probably/maybe cant play in this sandbox from their
Infrastructure...
In the case of universities those secondary benefits are things such as
making their campus more attractive for students, faculty, and staff to
join the university community and in the case of alumni to provide a
stronger bond to the university in order to increase alumni
contributions during fund raising efforts.
Uh right.
Jeffrey Altman
(not affiliated with Columbia University)
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