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PROGRESSIVE BUSINESS CONFERENCES 384 TECHNOLOGY DRIVE • MALVERN, PA 19355 PHONE 800.964.6033 • FAX 215.689.3435 Dear Webinar Attendee: Welcome and thank you for registering for the Webinar
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1 ELECTRONIC PRIVACY ISSUES IN THE GOVERNMENT WORKPLACE Frederick (“Rick”) Joyce Chair, Communications Practice Group Venable LLP, Washington, DC
2 Privacy and Communications Laws CAN-SPAM Act Children's Online Privacy Protection Act Communications Assistance for Law Enforcement Act Fair Credit Reporting Act Gramm-Leach-Bliley
Act Privacy provisions Gramm-Leach-Bliley Act 501(b) provisions on security of customer information Telecommunications Act Health Insurance Portability & Accountability Act
USA PATRIOT Act U.S.-EU Safe Harbor Agreement Bank Secrecy Act & Anti-Money Laundering Rules OFAC compliance Federal Right to Financial Privacy Act IRS Information
Disclosure Rules
3 Constitutional Foundation for Electronic Privacy Laws: First Amendment (freedom of speech; free press; right of the people peaceably to assemble & to petition the government for
a redress of grievances) Fourth Amendment (The right of the people to be secure in their persons, houses, papers, & effects against unreasonable searches & seizures) Common Law:
“Reasonable Expectation of Privacy” Other Common Law Privacy Rights (invasion of privacy; trespass; antidefamation laws) Katz v. United States (U.S. Supreme Court, 1968)
4 Electronic Privacy Laws Section 705, Communications Act of 1934 (prohibits interception & disclosure of wire or wireless communications) The Federal Wiretap Act (1968) The
Privacy Act of 1974 (governs use of computerized databases) Electronic Communications Privacy Act (1986) Stored Communications Act (1986) Communications Assistance for Law Enforcement
Act (CALEA) (1994) The Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003 (CAN-SPAM)
5 Electronic Privacy Laws (continued) State laws – state wiretapping statutes; state privacy laws Foreign Intelligence Surveillance Act (FISA) USA Patriot Act Telecommunications
Consumer Protection Act (Do No Call/Faxes) Customer Proprietary Network Information (CPNI) (Telecom Act of 1996) 47 USC 230 (Communications Decency Act) (No provider or user of
an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.)
6 Public/Government Workplace vs. Private Workplace: Constitution Only Protects Citizens Against “state” or government action (“l’etat, c’est toi”;1st & 4th Amendment claims apply
to you as an employer) Absent a contract or union agreement, most private employees are “at will” & can be terminated for most any reason absent some law protecting a given action
(ie, whistleblowers). First Amendment gives them the right to speak, but, they can suffer consequences for their speech. Public Employees are Different: Action by Employer of Government
Workers is by Definition “Government Action”; govt job is a “benefit.” Public Employees have Right to Speak About Matters of Public Concern (Pickering v. Board of Education, 391 U.S.
563 (1968) (unless the speech adversely affects efficiency or effectiveness of operations)
7 Electronic Communications Privacy Act of 1986 The statute extended wiretapping protections to cellular telephones, private networks, & intra-company communications while in transit
or in storage. Although the ECPA was designed to address anticipated changes in the communications industry, the drafters evidently did not contemplate the rise of the Internet as a
major communications device or the range of new communications technologies that would rapidly develop in the ensuing decade. (There’s no mention of the “Internet” in ECPA, no Blogging,
no webhosting, etc.)
8 Electronic Communications Privacy Act of 1986 (continued) Under current federal law, the interception of the contents of wire, oral, & electronic communications is regulated by
Title III of the Omnibus Crime Control & Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1986, (“the Wiretap Act”). The Wiretap Act defines “interception”
as “the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.” “Electronic communication”
means “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic
or photooptical system.”
9 The Stored Communications Act Enacted as Title II to ECPA, the Stored Communications Act (“SCA”) makes it unlawful for a provider of an electronic communications service to knowingly
divulge the contents of a communication while in electronic storage. It also prohibits a person or entity providing remote computing services from knowingly divulging the contents of
any communication that is carried or maintained on that service. Exemptions: A “service provider” may divulge electronic communications with the lawful consent of the originator or an
addressee or intended recipient of the communication. Determining which persons or parties are the “addressee” or “intended recipient” can be difficult, particularly with respect to
personal emails sent to or from employees. Also, a couple of Federal/Circuit Courts have held that the “Service Provider” exemption allows employers to retrieve all messages stored on
their own networks. See Fraser v. Nationwide Insurance (2003, 3rd Circ.) & Bohach v. City of Reno (D. Nev 1996). Best practice would be to let your employees know this.
10 Blogs and Potential Legal Liability of Bloggers: What is it? A web-based log or diary Liability issues same as anyone making a publication available to the public, same freedom of
speech & press protections. Legal liability issues include: Defamation Intellectual Property (Copyright/Trademark) Trade Secret Right of Publicity Publication of Private
Facts Invasion of Privacy/Trespass
11 Blogs/Social Networks and Government Workers: Balance between right of public employees to discuss matters of public concern v. cannot adversely impact employer’s operations or
disclose confidential information (Anderson v. McCotter, 100 F.3rd 723 (10th Cir. 1996)(can’t fire public employee who speaks out against employer on a matter of public concern unless
the speech adversely affects “efficiency or effectiveness” of operations) Use of Government Equipment & Government Time for Personal Blogs Violates Govt Ethics Regulations 5CFR
2635.702: Can’t use public office for private gain 5CFR 2635.703: Can’t use nonpublic information to “further private interests” 5CFR 2635.704: Can’t use govt property for “other
than authorized purposes” 5 CFR 2635.705: “employee shall use official time in an honest effort to perform official duties.” What is Your Office’s Written Policy re: Electronic
Communications (are blogs even addressed?)?
12 Top Reasons for Employee Blogger Termination: Many offices & employers have “official” blogs (but see: Blakey v. Continental Airlines, S. Ct of NJ: employer could be liable for
harassing/defamatory content postings if it has “reason to know” & elect. bulletin board is “related to the workplace”) “Violating Company Policies” (poor-mouthing employer or employees)
Divulging trade secrets (US soldier fined & demoted for publishing “classified” info on his blog) Personal blogging on company time “Inappropriate” or Libelous Content (“Washingtonienne”;
inflammatory or controversial commentary)
13 Inappropriate Online Postings Employee Disciplinary Cases: • Employee wrote a blog which contained “highly personal vituperative comments about her employers, union representatives,
and fellow teachers” The Court ruled that “legitimate administrative interests” of the school district outweighed First Amendment free speech rights. Richerson v. Beckon, 2009 U.S. App.
LEXIS 12870. • Court found in favor of school vs. teacher who’s MySpace postings showed “unprofessional rapport with students”; school’s administration could find “disruptive” a teacher’s
provocative on-line discussions with students. Spanierman v. Hughes, 576 F. Supp. 2d 292. (D. Conn. 2008). • Nebraska Supreme Court upheld State Patrol’s discharge of a trooper discovered
to have joined the Klan and more specifically to have participated in off-duty web discussions with Klan members. “Nebraska public policy precludes an individual from being reinstated
to serve as a sworn officer in a law enforcement agency if the individual’s service would severely undermine reasonable public perception that the agency is uniformly committed to equal
enforcement of the law … without regard to race.” State of Nebraska and the Nebraska State Patrol v. Robert Henderson and the State Law Enforcement Bargaining Council, 277 Neb. 240 (2009).
14 Electronic Monitoring of Public Employees: Government employees enjoy some protection from searches under the Fourth Amendment. O’Connor v. Ortega, the U.S. Supreme Court extended
Fourth Amendment privacy protection to public workplace (but whether an employee has a “reasonable expectation of privacy” is a case by case analysis). “Expectation of privacy” can
be affected by office policies & practices. Government still has the right to perform searches that serve interests in promoting efficient operation of the workforce.
15 Electronic Monitoring of Public Employees: Government employers can weaken expectations of privacy by informing employees that they do not have an expectation of privacy, or, that
their desks, computers, & lockers may be searched. This can also apply to work performed at home, particularly if it involves government/office issued equipment. See TBG Insurance
v. Zieminski (CA Ct of Appeals, Feb 2002) (fired exec had accessed porn at office; employer moved to compel access to home computer citing company policy)
16 Other Electronic Services & Devices and Workplace Privacy Issues: Email: Can you monitor employee emails? Courts now generally assume that emails are monitored; “no reasonable
expectation of privacy.” NLRB opinion says you can’t prohibit all non-business use of office emails as they might include union solicitations (Pratt & Whitney), but, reasonable restrictions
on personal email/Internet use are ok (Associated Press). Internet Use: Problems related to accessing public files from office vs. “private folders”, etc. Electronic Bulletin Boards:
In Konop v. Hawaiian Airlines, an airline executive used third party access codes to access pilot/employee's "secured" website where unfavorable comments about the airline had been posted.
Pilot sued airline for violation of the Stored Communications Act in that supervisors were not authorized "users" of the employee's secured website without proper authorization. 9th
Cir. Appeals Court reversed lower court and sided with pilot. Other circuits have not followed Konop.
17 Other Electronic Services & Devices and Workplace Privacy Issues (cont.): Cell phones/Pagers: (Quon v. Arch Wireless Operating Company, Inc; Court found that the department’s informal
policy of occasionally allowing personal use of pagers undercut the formal policy allowing the department to review & monitor all pager messages.) Location & Monitoring Issues: A
“roving bug” occurs when a government agent “with court approval & mobile-phone carrier assistance required by law[,] can exploit mobile phones over the air in such a way that microphones
in handsets are activated & nearby conversations picked up by federal investigators. Office Telephone Use/Monitoring: ECPA prohibits, but, Employers have generally been permitted
to rely on one of three exceptions: (a) the business extension or ordinary course of business exception; (b) the consent exception; & (c) the provider exception. Telephone Records:
see National Security Agency cases. (CPNI violations; FISA; Common Law Privacy claims).
18 If criminal conduct suspected, a court order may be necessary. All workplaces ought to have clearly defined internal rules & procedures for handling every form of electronic
communications. Electronic communications policies need to be in writing. They need to be explained to all employees. These policies need to be routinely honored & enforced.
They need to be revised whenever new laws, cases, technologies or situations warrant their reconsideration. What Should Government Employers Do?
19 One of The American Lawyer’s top 100 law firms. Venable LLP: • Practices in all areas of corporate & business law, complex litigation, intellectual property & government affairs.
• Nearly 600 lawyers serving government, corporate, institutional, nonprofit & individual clients throughout the U.S. & the world. • Headquartered in Washington DC; offices in Maryland,
Virginia, New York, California & Delaware. • 100 years old, Venable has enjoyed a long history of steady growth, clientfocused service & sound management. Venable LLP
20 • Our attorneys represent clients in the telecommunications, Internet, privacy & e-commerce matters, ranging from entrepreneurs & emerging high technology firms, to Fortune 500 companies,
large media ownership groups, governmental entities & trade associations. • Our attorneys have a special focus on Wireless, Wireline & Internet broadband services & related legal/regulatory/business
issues. • We represent governmental entities on a variety of communications, privacy, Homeland Security & other technology matters. Venable, LLP – Telecommunications Practice Group
21 • Privacy: SPAM, SPIT, SPIM, PHISHING, Pre-Texting: Key issues for employers, consumers and regulators. We assist clients in crafting appropriate privacy & Internet policies & proposals
that will help promote appropriate conduct. • Digital Property and Technology: We counsel clients in developing and enacting legislative and regulatory solutions aimed at preventing
piracy & protecting online intellectual property. • Wireless/Mobile Radio Services: Rules and regulations, including telemarketing, record retention and privacy rules enforced by the
FTC & the FCC, are constantly evolving; consequently clients turn to Venable to help navigate this ever-changing regulatory maze. • Internet-Related Issues: Venable is actively involved
in representing clients and helping to define the laws that apply to developing Internet-based communications services. • Homeland Security: Venable authored “Homeland Security Deskbook,”
published by LexisNexis Matthew Bender. Communications Issues of Interest to Government Workpla
ce22 Locations Washington, DC 575 7th Street, NW Washington, DC 20004 202.344.4000 New York, NY 405 Lexington Avenue, 56th Floor New York, NY 10174 212.307.5500 Tysons Corner, VA 8010
Towers Crescent Drive Tysons Corner, VA 22182 703.760.1600 Los Angeles, CA 2049 Century Park East, Suite 2100 Los Angeles, CA 90067 310.229.9900 Baltimore, MD Two Hopkins Plaza, Suite
1800 Baltimore, MD 21201 410.244.7400
This P&P defines acceptable and unacceptable uses of information technology (IT) resources such as telephones, E-mail, facsimile machines, cellular telephones and Internet services.
This was modified on July 8, 2002, to apply the same rules to cellular phones as are in place for land-line phones. United States Department of Agriculture Research, Educat ion, and
Economics ARS CSREES ERS NASS Policies and Procedures Title: Use of Information Technology Resources Number: 253.4 Date: April 19, 2002 Originating Office: Information Technology Division,
AFM/ARS This Replaces: P&P 253.4 dated September 3, 1999, and Bulletin 98-001 dated 3/20/98 Distribution: All REE Employees
2 Table of Contents 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. General Policy . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 3 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Acceptable Personal Use . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Unacceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Telephone Equipment
and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Acceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Unacceptable Personal
Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. E-mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Acceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Unacceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 6 5. Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Acceptable Personal Use . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 6 Unacceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Facsimile Machines, Copiers, and Printers . . . . .
. . . . . . . . . . . . . . . . . . 7 Acceptable Personal Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Unacceptable Personal Use . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 8 7. Sanctions for Misuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8. Privacy Expectations . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Summary of Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10. Glossary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 1. Introduction Agencies provide REE employees with information technology (IT) resources (e.g., PCs, E-mail, telephones, facsimile machines, copiers, office equipment, Internet access,
etc.) to support mission accomplishment and enhance the efficient and effective delivery of services to agency customers. This P&P describes appropriate use of these resources and establishes
conditions under which employees may use IT resources for non-Government purposes. 2. General Policy Introduction IT resources may only be used for authorized purposes. However, “limited
personal use of Government office equipment by employees during personal time is considered to be an ‘authorized use’ of Government property”, according to Departmental Regulation (DR)
3300-1, dated March 23, 1999. In the REE agencies, “limited personal use” is use that involves minimal additional expense to the Government, is performed on the employee’s personal time,
and does not interfere with the mission or operations of an agency. Employees are expected to abide by this and other rules and regulations and to be responsible for their own personal
and professional conduct. The Standards of Ethical Conduct state “employees shall put forth honest effort in the performance of their duties” (Section 2635.101 (b)(5)). Supervisors have
the management authority and responsibility to ensure the appropriate use of resources within their organizations. This includes IT resources and official employee time. As such, employees
should consult with their supervisors regarding authorized use of IT resources and interpretation of this P&P. The privilege to use Government office equipment for non-Government purposes
may be revoked or limited at any time by supervisors or other appropriate agency officials. It is encouraged to manage telecommunications services in accordance with DR 3300-1 (Telecommunications
& Internet Services and Use), and other pertinent laws and regulations. DR 3300-1 can be found at URL: http://www.usda.gov/ocio/directives/DR/DR3300-001.htm Personnel traveling (domestic
and international) should review the Departmental Regulation 2300-003 (Authorized Telephone Calls of a Personal Nature During Official Travel), prior to traveling and claiming expenses.
DR 2300-003 can be found at URL: http://www.usda.gov/ocio/directives/DR/DR2300-003.htm Acceptable Personal Use
4 Employees are permitted limited use of Government office equipment for personal needs if the use does not interfere with official business and involves minimal additional expense to
the Government. This limited personal use of Government office equipment should take place during the employee’s personal time, such as before or after duty hours or lunch periods. Personal
use of Government office equipment is limited to situations where the Government is already providing equipment or services and the employee’s use of them will result in only minimal
additional expense to the Government. This would include normal wear and tear or the use of small amounts of electricity, ink, toner, or paper. Unacceptable Personal Use Employees are
expected to conduct themselves professionally in the workplace and to refrain from using Government office equipment for activities that are inappropriate. Unacceptable personal use
of Government IT resources includes: C Any use that could generate more than minimal additional expense to the Government. C Any use that could cause congestion, delay, or disruption
of service to any Government system or equipment. For example, the forwarding of “chain” e-mails, e-mailing greeting cards, or downloading of video, sound or other large file attachments
can degrade the performance of the entire network. C Activities that are illegal or offensive to fellow employees or the public. Examples include pornography, hate speech, or material
that ridicules others on the basis of race, creed, religion, color, sex, disability, national origin, or sexual orientation. C Any use for commercial purposes or “for-profit” activities
such as outside employment or to support a personal private business activity (e.g., consulting for pay, sales, or administration of business transactions, sale of goods or services).
C Engaging in any outside fund-raising activity, endorsing any product or service, participating in any lobbying activity, or engaging in any prohibited partisan political activity.
3. Telephone Equipment and Services Acceptable Personal Use The use of Government telephone systems (including government issued cellular telephones and calls over commercial systems
which will be paid for by the Government) are in place for the conduct of official business or limited personal use as outlined above in General Policy. Calls
5 may be made using Government-issued wireless phone service when policies outlined for landline phones are followed. The use of cellular technology at the expense of the government
does not preclude the user from having the responsibility for inventory control, billing and accountability. Employees may make the following personal calls at Government expense: C
Brief daily calls to locations within the local commuting area to check the condition of your spouse or children. C Calls to your family, your doctor, etc., if you are hurt on the job.
C Calls to advise your family and/or to make other transportation or child care arrangements if you must work overtime without advance notice. C Calls to business offices open only during
the work day. C Calls to schedule emergency home or car repairs. C Calls to your home once a day while on Government travel/business. C Calls to your home while on Government travel/business
to advise your family of travel changes or delays. Employees may make personal calls not at Government expense if the call is: C charged to your home phone number or other non-Government
number; C made to an 800, 877, 888, or other toll-free number; C charged to the called party if a non-Government number (collect call); or C charged to a personal credit card or prepaid
calling card. Unacceptable Personal Use Unacceptable use includes: C Making an unauthorized telephone call with the intent to later reimburse the Government. C Use of “900” calls to
include dialing a toll free number which will switch to a “900” call, either on or off the FTS2001/WorldCom network.
6 C Collect calls and third party calls charged to a Government number. 4. E-mail Acceptable Personal Use Acceptable E-mail messages include: C Occasional personal messages. C Inquiries
about your salary, insurance, retirement, or other employee
benefits. Unacceptable Personal Use Unacceptable uses of E-mail include: C The creation, copying, or transmission of “junk mail” such as chain letters, hoaxes, advertisements, solicitations,
or other unauthorized mass mailings. C Spreading computer viruses warnings (hoaxes). While these hoaxes do not infect systems, they are time consuming and costly to handle. You should
be especially alert if the warning urges you to pass it on to your friends. Forward these messages to your Information Systems Security Officer for evaluation. C Engaging in any outside
fund-raising activities. C Sending large attachments that degrade system performance. 5. Internet Acceptable Personal Use Acceptable uses of the Internet during employee personal time
include: C Accessing the Employee Personal Page or the Thrift Savings Plan to check balances or make changes. C Communicating with a volunteer charity organization. C Looking at vacancy
announcements.
7 C Collecting information for personal travel or other such personal activities. Unacceptable Personal Use Unacceptable uses of the Internet include: C The creation, downloading, viewing,
storage, or copying of sexually explicit or sexually oriented materials. C The creation, downloading, viewing, storage, copying, or transmission of materials related to gambling, weapons,
terrorist activities, and any other illegal or prohibited activities. C Posting agency information to external news groups, bulletin boards, or other public forums without authority.
This includes any use that could create the perception that the communication was made in one’s official capacity as a Federal Government employee, unless appropriate agency approval
has been obtained. C Using Government systems as a staging ground or platform to gain unauthorized access to other systems. C The unauthorized acquisition, use, reproduction, transmission,
and distribution of computer software or other material protected by national and international copyright laws, trademarks, or other intellectual property rights. C Participating in
chat rooms. 6. Facsimile Machines, Copiers, and Printers Acceptable Personal Use Examples of acceptable use of facsimile machines, copiers, and printers include: C Occasional use of
fax calls to locations within the local commuting area. Fax calls outside the local commuting area are authorized only if not charged to the Government (see Telephone section). C Making
a few photocopies. C Using a printer to print a few pages of material.
8 Unacceptable Personal Use Unacceptable use of facsimile machines, copiers, and printers include: C Making long distance fax calls at Government expense. C Making more than a minimal
amount of photocopies, making photocopies of illegal or offensive material, or making photocopies for commercial or “for-profit” purposes. 7. Sanctions for Misuse Unauthorized or improper
use of IT resources may result in loss or limitations on use of equipment or services, disciplinary action, criminal penalties, or financially liability for the costs of the use. 8.
Privacy Expectations Each agency has the responsibility to ensure that employees are not abusing the privileges offered by this policy. The policy does not change, in any way, the agency’s
right to inspect equipment when there is evidence or a strong suspicion that an employee is abusing this policy. Employees do not have a right to, nor should they expect, privacy while
using any Government office equipment at any time. To the extent that employees wish their private activities remain private, they should avoid using an agency’s office equipment, such
as their computer, the Internet, E-mail, photocopiers, or facsimile machines, or cellular or land-line phones, for their personal use. By using Government office equipment employees
imply their consent to disclosing the contents of any files or information maintained or passed through Government office equipment. Any use of Government communications resources is
made with the understanding that such use is generally not secure, is not private, and is not anonymous. System managers do employ monitoring tools to detect improper usage. Electronic
communications may be disclosed within an agency to employees who have a need to know in the performance of their duties. Agency officials, such as system managers and supervisors, may
access any electronic communications. SAFETY
9 Current Federal policy (GSA Bulletin FMR B-2, March 1, 2002) outlines policy for the use of cellular phones in motor vehicles. It is recommended while operating a Personal vehicle
and/or Government vehicle, and you need to make or answer a telephone call that you safely pull the vehicle to the side of the road and bring the vehicle to a complete stop, until you
have completed the telephone call. Some state and city laws prohibit the use of cellular telephones while operating a vehicle. Employees are not exempt from these laws. 9. Summary of
Responsibilities Supervisors C Counsel employees and monitor their use of IT resources to ensure those resources are being used appropriately. C Immediately notify the servicing Employee
Relations Specialist when they are made aware of potential misuse of Government IT resources. Employee Relations Specialists C Determine whether misuse is indicated based on appropriate
law, rule, regulation, or agency policy. C Conduct an inquiry/investigation into the extent of the misuse of IT resource(s). C Provide advice and guidance on appropriate disciplinary
action. Employees C Ensure that personal use of IT resources is limited to personal time, does not interfere with official business, and involves minimal additional expense to the Government.
C Notify their immediate supervisor if they have reason to believe IT resources are being used for other than authorized purposes. 10. Glossary C.F.R. Code of Federal Regulations. Information
Technology. The hardware and software operated by a Federal agency or by a contractor of a Federal agency or other organization that processes information on behalf of the
10 Federal Government to accomplish a Federal function, regardless of the technology involved, whether computers, telecommunications, or others. Information Technology (IT) Resources.
Computers, computer peripherals, hardware, software, printers, cellular and land-line telephone equipment and services, copiers and facsimile machines, electronic mail, and the Internet,
owned, leased, or otherwise in the possession of the REE agencies. Investigation. A formal examination and evaluation of relevant facts to determine whether misconduct has taken place
or, if misconduct has already been confirmed, to assess its extent and determine appropriate action. Minimal Additional Expense. An employee’s personal use of Government office equipment
is limited to those situations where the Government is already providing equipment or services, and the employee’s use of such equipment or services will not result in any additional
expense to the Government, or the use will result in only normal wear and tear or the use of small amounts of electricity, ink, toner, or paper. Personal Use. Activity that is conducted
for purposes other than accomplishing official or otherwise authorized activity. -Sd-W.G. HORNER Deputy Administrator Administrative and Financial Management
PROGRESSIVE BUSINESS CONFERENCES 384 TECHNOLOGY DRIVE • MALVERN, PA 19355 PHONE 800.964.6033 • FAX 215.689.3435 EVID Webinar Evaluation: (#2098) “Facebook, Blogs, & Internet Use in Government:
What’s Legal, What’s Not” Tuesday, August 4, 2009 – 1:00 PM ET Please take a moment to fill out this evaluation form and return it to Progressive Business Conferences via fax (215-689-3435)
or mail. Your comments will help us make future audio conferences even more valuable. If you would like your comments to remain anonymous, do not fill out the contact information below.
Contact Information: Name: __________________________ Title: ____________________ Company ________________________ Phone: __________________________ Fax: _____________________ E-mail_________________
__________ 1. Why did you attend this Audio Conference? __ Topic of Interest __ Invited/Instructed to Attend __Save Time vs. Physical Conference __ Speaker __ Educational/Training Value
of Topic __ Participate with Colleagues __ Accreditation __ Price/Value 1. Did the conference cover topics that you are interested in or currently faced with? Comments:_______________________________
_______________________________________________________ 2. Were recommendations presented during the conference that you found useful in your current situation? Comments:_____________________________
_________________________________________________________ 3. How valuable was the live question and answer session to you on a scale of 1-5 (1 poor, 5 excellent) Comments:____________________________
__________________________________________________________ 4. Did you face any technical difficulties prior to or during the conference? If yes, please explain: ______________________________________
_________________________________________________________ 5. Please rate Rick Joyce, the conference presenter, on a scale of 1-5 (1 poor, 5 excellent)? __ Preparation __Verbal Presentation
__ Question-and-Answer Session __ Expertise __Conference Materials Comments:______________________________________________________________________________________ 6. How many people
listened in on the conference from the phone line you dialed in from? ______________________ 7. Do you have any suggestions for improvement? ______________________________________________________
8. Based on your experience with this conference, would you consider attending a future conference offered by our company? If no, please explain: _____________________________________________________
__________________________ 9. Please rate the following topics that we are considering for upcoming audio conferences (5=very interested, 1=not at all interested)? Government Personnel
Records: What to Save-What to Dump 5 4 3 2 1 FMLA Intermittent Leave Abuse in Government: Strategies to Stop it Today 5 4 3 2 1 Wage-ing War: The 10 FLSA Traps You Must Recognize
and Avoid 5 4 3 2 1 The Top 10 Government Workplace Disruptions & How to Stomp Them Out 5 4 3 2 1 Government Management Training: How to Avoid The Biggest Rookie Mistakes 5 4 3
2 1 Thank you for your evaluation and feedback!
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Pin Code ________________ Yes! I want to reserve my copy of the “Facebook, Blogs, & Internet Use in Government: What’s Legal, What’s Not” Event #2098 audio conference at the special
discounted price of only $99 (regularly $199). This price is for conference attendees only. Account # _____________________ Exp. date______________________ Signature______________________
To help us serve you better, please supply all requested information. Rush this form to: PBC, 384 Technology Drive, Malvern, PA 19355 For fastest service, call: 800-964-6033 or fax:
215-689-3435 PBC-CD
PROGRESSIVE BUSINESS CONFERENCES 384 TECHNOLOGY DRIVE • MALVERN, PA 19355 PHONE 800-964-6033 • FAX 215.689.3435 IMPORTANT WEBINAR INFORMATION Dear Webinar Attendee: We have received
a number of inquiries about Webinars and the permissibility of copying and distributing materials, recording the conference as well as conferencing of calls to other sites by our listeners.
Here are the main questions we receive. Q: How many people may listen for the $199 conference fee? A: The $199 registration charge is a “per phone line” charge. You may have as many
people as feasible gather around one phone and listen to the conference. Q: May I photocopy, fax or email a copy of my attendee packet to one or more colleagues for the purpose of calling
from another location? A: No. Only one phone line per registration is permitted. The first party to use your unique confirmation code will be the only phone line connected to the Webinar.
Q: May we tape the conference during the call. A: No. Taping the conference and not purchasing the recording is an infringement on our copyright. However you may purchase the Webinar
DVD at the special paid attendee discounted price of only $99 (regularly $199). This price is reduced for conference attendees only. We trust that our audience of professionals such
as you will respect our legal copyright “on the honor system.” But if we learn of willful violations, we may have to seek legal remedies. If you have questions about the legal use and
distribution of our conference materials not answered here, please contact us at 800-964-6033. Sincerely, Jennifer Raimo Conference Manager Government Educator Conferences