ACU Web Publishing Guide: Glossary (part 2 of 3)

[Content Guidelines | Part 1 | Part 2 | Part 3 | exam ]

gossip

Gossip is tantamount to the civil law of public disclosure of private facts without the permission of the subject of the facts. A gossip betrays a confidence; so avoid a man who talks too much (Proverbs 20:19).

harassment

Harassment may take many forms but is speech and/or action that troubles or torments a person. Today it has become a legal and an ethical issue.

hate speech

Hate speech is an ethical rather than a legal problem (R.A.V. v. City of St. Paul, Minnesota). Speech that arouses "anger alarm or resentment" about someone's race, color, creed, religion or gender is generally defined as hate speech. Out of the same mouth come praise and cursing. My brothers, this should not be. Can both fresh water and salt water flow from the same spring? (James 3:19-11)

hotline

Call 2455 to report unethical or unlawful use of the university computing system.

identification

"Identify yourself. Describe who you are if the recipient doesn't already know you" (Lawrence J. Magid, "Internet Etiquette).

indecency

Material that depicts in a patently offensive manner sexual or excretory activities or organs is defined as indecent by the law (FCC v. Pacifica, 1978).

legal action

Users are notified that these policies do not preclude reporting infractions of the laws and regulations of the State of Texas and/or the United States of America to the proper authorities.

liability

If an institution does not alert its constituents to dangers that they face, liability can accrue out of negligence of duty to protect the constituents' well being. "If the whole Israelite community sins unintentionally and does what is forbidden in any of the Lord's commands, even though the community is unaware of the matter, they are guilty" (Leviticus 4:13).

libel

The reputation of a person, product, company or institution is damaged when someone communicates with "reckless disregard of the truth" a falsehood about the subject to one other person. Do not go about spreading slander among your people. Do not do anything that endangers your neighbor's life. I am the Lord. Do not hate your brother in your heart. (Leviticus 19:16-17)

license agreements

Users may not use equipment or software in violation of the terms of any license agreement.

maintenance

Authorized university support personnel may access others' files when necessary for the maintenance and security of the systems. When performing maintenance, every effort will be made to ensure the privacy of the user's files. However, if violations of policies are discovered, they will be reported to the appropriate vice president.

marketplace of ideas theory

How is the First Amendment interpreted? The Christian rejects the absolutist theory of the meaning of the First Amendment but can find guidance in the marketplace of ideas theory. It is based on Paul's experiences in the Areopagus and ideas advanced by John Milton in Areopagitica. The Christian marketplace of ideas theorist believes in a principled, reasoned tournament of ideas in which truth will win in the clash with falsehood. He or she argues for prepublication, ethical restraints in areas such as blasphemy, profanity and personal attack, and supports - if ethical restraints fail - post-publication legal punishment for defamation, privacy invasion, obscenity, indecency, personal attack, and copyright infringement.

modifications

Users will not attempt to modify system facilities, attempt to crash the system, or impersonate system authorities.

monitoring

The university reserves the right to check computer files, but monitoring is divided into two types: (a) content and (b) technical. The latter is explained under "maintenance." Content may be examined only because of a compelling university interest and only by authorized personnel approved by the appropriate vice president.

monopolization

Users should not tie up computer resources or encroach upon others' use of computers, including excessive game playing, trivial applications, frivolous, excessive or unwanted messages, excessive storage, and excessive program copying and file printing.

need to know

University databases my be accessed only by university employees who have a clear need to know the data and who have been cleared for access by appropriate authorities.

networks' guidelines

Networks to which the university are connected have legal and ethical regulations, which users are expected to observe. Copies are available from Academic Computing.

objectionable labels

Objectionable names will not be used on processes, folders or files. Objectionable labels include obscene, indecent, blasphemous, profane and discriminatory phrases.

other sites

Abuse of networks or computers at other sites through university computing facilities will be treated as abuse of ACU computing privileges.

penalties

The university will cancel access privileges of abusers of computing privileges and accounts. Abusers will be subject to university disciplinary procedures and to legal action as appropriate.

obscenity

Average persons will determine content that is legally obscene by using contemporary community standards, evaluating the main theme of an entire work, and finding the material (a) to appeal to impure interests in sexuality, (b) to be patently offensive, and (c) to be without literary, artistic, scientific or political value, thereby classifying the work as obscene (Miller v. California, 1973). "Put to death ... whatever belongs to your earthly nature: sexual immorality, impurity, lust, evil desires and greed, which is idolatry" (Colossians 3:5).

passwords

Passwords are highly confidential, should be changed often, should never be posted, should be secured in confidential locations, and should never be shared with anyone. Users should change their passwords frequently and should avoid using their names or any other password that could easily be guessed.

pedagogical concerns

Private universities, unlike public universities, may accept the responsibility to exercise control over civil law liability as a legitimate educational (pedagogical) concern via prohibition of defamation, privacy invasion, obscenity, copyright infringement and unfair competition, also a form of plagiarism (Hazelwood v. Kuhlmeier). However, "students do not lose their First Amendment rights at the schoolhouse gate" (Tinker v. Des Moines).

plagiarism

Plagiarism is any act of passing of someone else's idea, writings, work, etc., as your own. The Latin root of the word means "kidnapping." This form of academic dishonesty can result in disciplinary action ranging from reprimand to loss of computer privileges to dismissal from the university. See "unfair competition."

pornography

See "obscenity" and "indecency."

prior restraint

Classic censorship is prior restraint of expression exercised by some official or office of federal, state or local government.

privacy invasion, private facts disclosure

This version of privacy invasion occurs when non-newsworthy, little known, embarrassing facts are communicated without consent to a large number of people. A gossip betrays a confidence, but a trustworthy man keeps a secret (Proverbs 11:13).

privacy invasion, appropriation

Appropriation occurs when a person's name, likeness, or signature is used for purposes of trade without prior consent.

privacy invasion, false light

privacy invasion, intrusion

Intrusion, similar to criminal trespass, occurs when a person intrudes without consent into a private computer file or database. The damage and liability occur at the moment of intrusion, not at the time of use of data.

[Content Guidelines | Part 1 | Part 2 | Part 3 | exam ]

Last modified 8/29/99
http://www.acu.edu/technology/policy/web/gloss2.html
Questions to James Langford, langford@cte.acu.edu