Terms and Conditions for use of library computers in Devon. Note the threats, the overarching 'control freak' mentality and reliance on library ticket numbers for surveillance.
The material below was supplied by Exeter Library. It can usefully be compared to the terms of a UK IT Learning Centre (also shown below) and Guidelines issued by the Council of Europe (see filtering_pornography.htm)
DEVON LIBRARY AND
INFORMATION SERVICES
PUBLIC ACCESS COMPUTERS
TERMS AND CONDITIONS OF USE
(comments are in purple)
Staying within the law
The Internet and email must be used for lawful purposes only, and must comply with
relevant legislation. You may be banned from using library computers and/ or from using
Devon libraries if you misuse the computers. You may also be placing yourself at risk of
prosecution if unlawful action is involved. Email and other electronic communications and
files are admissible in court as evidence. Do not write anything about anybody that you
would not want to be read out in open court. Individuals also have the right to see a copy
of information held about them at any time under the Data Protection Act, and this
includes email messages. (I wonder if
this applies to all the emails written about me by DCC staff?!)
The following legislation applies to the Internet:
Public Order Act 1994, and Obscene Publications Act 1959
Use of Devon County Council computer equipment for viewing, reading, downloading,
uploading distributing, circulating or selling any material which is pornographic,
obscene, racist, sexist, grossly offensive or violent is strictly forbidden. This is
irrespective of the legality of material in the country of origin. (A huge amount of material on websites is sexist and dozens
of people read it all the time! Many books stocked by libraries are also sexist.)
The Copyright, Designs and Patents Act 1988
You must obtain the permission of the owner of intellectual property before copying or
making use of it. You should assume that all material on the Internet is subject to
copyright unless a specific notice states otherwise. Copying includes downloading files or
images or copying text into or attaching it to an email message.
Computer Misuse Act 1990
It is an offence to:
Gain unauthorised access to a computer (known as computer hacking). This applies to anyone
who causes a computer to perform any function, with intent to secure access to any program
or data held in any computer. (Really?)
Use hacking skills to commit other crimes.
Alter data or cause changes to any software without authority and with malevolent intent.
This includes the writing or intentional introduction of computer viruses.
Data Protection Act 1998
This Act applies to obtaining, using and publishing information about identifiable
individuals on the Internet. You must ensure that:
The consent of individuals is obtained before information (including photographs, video
images, names or email addresses) relating to them is published or disclosed via the
Internet. This is not required if the information has been released into the public domain
by the individual e.g. names of book authors in libraries, or is required by law to be
made public e.g. planning applications. However, individuals should be informed about how
their information will be disclosed. (If
this was true, newspapers could no longer publish anything!)
Published information is accurate, relevant, not excessive, kept up to date and not held
for longer than necessary. (Try reading
this three times and see if it makes sense then!!)
Any information you obtain or publish is appropriately notified under the Act.
Further information is available from the Office of the Data Protection Commissioners'
website at http://www.dataprotection.gov.uk.
Defamation Act 1996
It is an offence to make an untrue statement, published to a third party, which damages
the reputation of a person or company or holds them up to hatred, ridicule or contempt. It
need not be obviously insulting. It could, for example, be a suggestion that a competitor
is in financial difficulties or is unprofessional in the conduct of its business. Facts
concerning individuals or organisations must be accurate and verifiable and views or
opinions must not portray their subjects in any way that could damage their reputation. (The letter written by Mr Gash, County Solicitor to
and about me and copied to third parties could usefully be read alongside this
interpretation of the law of defamation. See the relevant section of this website.)
Sexual/Racial/Disability Harassment
The Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act
1995 make it an offence to discriminate on the grounds of sex, race or disability (or
perceived disability). Harassment, such as unwelcome emails or copying of such material
from the Internet, is not permitted and could result in legal action against you.
Monitoring of Internet and email use
Use of the Internet and email is recorded and monitored regularly. It is possible to
identify sites visited and users responsible. (In other words, DCC logs every website visited against library ticket
numbers and who knows how many staff have access to the information, or for how long it is
stored.) Devon County Council reserves
the right to inspect any files during investigations where there is suspected misuse. This
includes email messages.
In the event of misuse being detected, failure to supply a correct address when requested
may result in suspension of the right to use library computers and/or other library
facilities in Devon. This information will be used to inform the individual and Devon
library staff of the action taken.
Young people
Young people under the age of 16 may only use the Internet if they are accompanied by a
responsible adult, such as a parent or carer, for the duration of the search.
Software downloads and uploads
Devon Libraries have adopted a standard desktop system. You must not attempt to alter this
or to download programs or software from the Internet. Downloading of data to disk, within
the terms of the Copyright, Designs and Patents Act 1988, is only permitted on hired
computers and on the understanding that the download is aborted if your allotted time runs
out.
Retaining your work
If you wish to retain your work, please save it to a floppy disk (purchasable from the
library). Information will not be retained on the hard drive, as the computers will be
reconfigured regularly, erasing existing data.
Printouts
Printouts are charged at a standard rate, whether for adults or children (please see
posters for current rates). This includes any wastage other than that caused by a
malfunction of the printer, computer or software.
CD-ROMs
Only those CD-ROMs already installed on library computers may be used.
Computer viruses. malicious programs and other technical problems or delays
Do not open any attachments from unknown sources. (People do this deliberately all the time. It is one of the key benefits of
using well protected public access computers, to avoid the risk of infecting your home
PC!!) If you receive a computer virus
or similar warning, inform a member of staff immediately. Library computers are equipped
with virus protection software, but Devon County Council cannot accept responsibility for
any computer viruses contracted, for any failure beyond its control, or for loss or damage
to material.
Confidentiality / privacy of personal information
Sending information by email via the Internet is insecure (if only because DCC copy every word), and you are advised to find other ways to send
confidential or sensitive personal information. Because library computers are available to
all members of the public, it is not possible to guarantee the privacy / accessibility of
any personal data, including email messages. You are recommended to exit the Internet
browser (click X in the top right hand corner) when you have finished your session, and
select the FINISH YOUR SESSION option (via the START button) if available.
Information provided via the Internet
Devon County Council has no control over information provided on the Internet, and cannot
be held responsible for the content or quality of such information.
Purchasing of goods or services
We do not encourage the use of credit or debit cards to purchase goods or services when
accessing Internet services on library computers. If you do use your card, it is entirely
at your own risk.
Disruptive use of library computers
Disruptive use, e.g. for group game playing, is not permitted on any library computers.
IT Skills Learning Centre Ltd
INTERNET - STUDENT AGREEMENT
(This is shown here to highlight the
differences between conditions applied in DCC libraries and at a High Street internet
centre where any member of the public can use an Internet computer (no ID
required!)).
I confirm that my use of the Internet will be
in accordance with the Student Learning Agreement, which I have signed below. In
particular I agree to the following:
1. My use of the Internet is for learning and research.
2. I will not misuse any copyrighted material.
3. I will keep to relevant sites and searches.
4. I will be responsible for all activity on the computer whilst I am logged on. I will be
particularly careful to close the Internet down properly as instructed.
5. I will download material to my own floppy discs and not use the C drive.
6. I will not cause anything to happen that denies the service to other users.
7. I will not disrupt the work of other users of the service.
8. I will not create or send anything, which is likely to cause annoyance, inconvenience
or needless anxiety, to the Centre or any other person.
9. I accept my use of the Internet may be monitored at anytime.
10. I am aware it is my responsibility to check the validity of information found on the
Internet before I use it in my work.
11. I am aware of the centres policy on plagiarism and will credit all information found
on the Internet. I will not pass any material off as my own work.
12.1 will not knowingly visit any site that is likely to offer offensive, obscene or
indecent material or download such material. I understand that if I contravene any of the
above my right to use the Internet will be withdrawn and other disciplinary procedures may
be put into operation. I accept that the Centre holds no liability for the correctness of
any information found, for any failure of equipment to produce results not for any
consequential loss or damage.
One of the interesting questions is why dozens if not hundreds of versions of 'Terms and Conditions' have been produced in the UK. According to DCMS, there are 149 separate library authorities in England. Duplication of effort by second rate amateurs seems no substitute for a coherent set of guidelines being produced centrally and applied universally. The Council of Europe Guidelines may be a starting point. (see filtering_pornography.htm )
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