Topic started on 17-3-2013 @ 01:59 AM by ThornLeaf
My name is ThornLeaf. I've recently found this website and I'm very impressed with the discussions that go on. I decided to join because of that and
something very creepy. My best friend joining the military must sign a contract in order to access her military email from the official army personnel
website. Since she knows I'm a firm believer in the Constitution, she asked me to read the contract and let her know what "any device attached to
this information system" means (either her entire computer or just the internal devices is being monitored and how is it being monitored?). I'm very
confused. I did a search but found nothing. I'd be grateful if you could explain it to me before she went off and did it.
Here it is in case no one has ever seen/read it:
"By signing this document, you acknowledge and consent that when you access Department of Defense (DoD) information systems:
♦ You are accessing a U.S. Government (USG) information system (IS) (which includes any device attached to this information system) that is
provided for U.S. Government-authorized use only.
♦ You consent to the following conditions:
• The U.S. Government routinely intercepts and monitors communications on this information system for purposes including, but not limited
to, penetration testing, communications security (COMSEC) monitoring, network operations and defense, personnel misconduct (PM), law enforcement (LE),
and counterintelligence (CI) investigations.
• At any time, the U.S. Government may inspect and seize data stored on this information system.
• Communications using, or data stored on, this information system are not private, are subject to routine monitoring, interception, and
search, and may be disclosed or used for any U.S. Government-authorized purpose.
• This information system includes security measures (e.g., authentication and access controls) to protect U.S. Government interests--not
for your personal benefit or privacy.
• Notwithstanding the above, using an information system does not constitute consent to personnel misconduct, law enforcement, or
counterintelligence investigative searching or monitoring of the content of privileged communications or data (including work product) that are
related to personal representation or services by attorneys, psychotherapists, or clergy, and their assistants. Under these circumstances, such
communications and work product are private and confidential, as further explained below:
º Nothing in this User Agreement shall be interpreted to limit the user's consent to, or in any other way restrict or affect, any U.S.
Government actions for purposes of network administration, operation, protection, or defense, or for communications security. This includes all
communications and data on an information system, regardless of any applicable privilege or confidentiality.
º The user consents to interception/capture and seizure of ALL communications and data for any authorized purpose (including personnel
misconduct, law enforcement, or counterintelligence investigation). However, consent to interception/capture or seizure of communications and data is
not consent to the use of privileged communications or data for personnel misconduct, law enforcement, or counterintelligence investigation against
any party and does not negate any applicable privilege or confidentiality that otherwise applies.
º Whether any particular communication or data qualifies for the protection of a privilege, or is covered by a duty of confidentiality,
is determined in accordance with established legal standards and DoD policy. Users are strongly encouraged to seek personal legal counsel on such
matters prior to using an information system if the user intends to rely on the protections of a privilege or confidentiality.
º Users should take reasonable steps to identify such communications or data that the user asserts are protected by any such privilege or
confidentiality. However, the user's identification or assertion of a privilege or confidentiality is not sufficient to create such protection where
none exists under established legal standards and DoD policy.
º A user's failure to take reasonable steps to identify such communications or data as privileged or confidential does not waive the
privilege or confidentiality if such protections otherwise exist under established legal standards and DoD policy. However, in such cases the U.S.
Government is authorized to take reasonable actions to identify such communication or data as being subject to a privilege or confidentiality, and
such actions do not negate any applicable privilege or confidentiality.
º These conditions preserve the confidentiality of the communication or data, and the legal protections regarding the use and disclosure
of privileged information, and thus such communications and data are private and confidential. Further, the U.S. Government shall take all reasonable
measures to protect the content of captured/seized privileged communications and data to ensure they are appropriately protected.
• In cases when the user has consented to content searching or monitoring of communications or data for personnel misconduct, law
enforcement, or counterintelligence investigative searching, (i.e., for all communications and data other than privileged communications or data that
are related to personal representation or services by attorneys, psychotherapists, or clergy, and their assistants), the U.S. Government may, solely
at its discretion and in accordance with DoD policy, elect to apply a privilege or other restriction on the U.S. Government's otherwise-authorized
use or disclosure of such information.
• All of the above conditions apply regardless of whether the access or use of an information system includes the display of a Notice and
Consent Banner ("banner"). When a banner is used, the banner functions to remind the user of the conditions that are set forth in this User
Agreement, regardless of whether the banner describes these conditions in full detail or provides a summary of such conditions, and regardless of
whether the banner expressly references this User Agreement."