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Request Information
Approved by ITC Policy Director January 17, 2001
Revised: February 27, 2002
Introduction
Incidents that involve the University's on-line environment
sometimes lead to investigations, which include the gathering
of technical evidence. Those investigations may be managed by
law enforcement officers, authorized government officials, or others
outside of the University community; by the University's student
Honor Committee or Judiciary Committee,
by Sexual Assault Case Investigators,
or by faculty conducting
individual student-academic-issue investigations; or by University
administrators in faculty or staff disciplinary investigations,
depending on the nature of the incident and the role (i.e., faculty,
staff or student) of the persons suspected of improper behavior. In
such investigations, investigating officials may call on the abuse
team to provide technical information that may become evidence from
computers owned and managed by ITC. We have no ability to provide such
information from departmental systems.
Each member of the abuse team recognizes the
often sensitive nature of both reports received
and what is found during the course of an investigation.
All members of the team will hold both reports and findings
confidential consistent with both the letter and the spirit
of the procedure described in this document and the rules of
the disciplinary bodies involved.
We recommend the adoption of guidelines similar to these by System
Administrators of other U.Va. departmental computing systems.
Departmental system administrators may request that the University
abuse team assume the lead role in the technical inquiry for any
incident that may involve systems owned and maintained by ITC, and they
may ask to be included in the inquiry as ad hoc abuse team members. The
abuse team may designate such system administrators as ad hoc abuse team
members if they agree as a condition of the designation to strictly
abide by this procedure in the release of any information related to the
inquiry. Otherwise, departmental system administrators will be treated
as external to the abuse team and should follow the appropriate
processes described below in requesting information.
Information that can be requested
Evidence in these investigations may involve
computer usage information about individuals
that is maintained on centrally-managed computers.
Computer usage information about individuals includes two major types
- log information (generally referring to when a user's account was used
in various contexts)
and
- content information (generally referring to content of materials
stored in storage space tied to the account as well as "live"
content generated or received by a person currently using the account).
After investigative officials have completed appropriate processes
to authorize their requests, we may be able to provide pertinent
log information. Such records may show the connection of individual
accounts to our host computers (called a connection log), and
they may show delivery of a message from one individual's account to
another (called a send mail log) or other similar usage
information. These logs usually are available for approximately 6 [six]
months.
Providing content information such as the contents of a mailbox, a
file or a copy of a specific message within a mailbox raises more
complex policy issues of privacy and academic freedom.
From a technical perspective, it is also important for
investigating officials to know that:
- we keep backup copies of Inbox mailboxes for a maximum of 1 week - while
some individuals keep copies of all messages
received on our central machines, others keep some messages there,
and still others store no messages on the central
machines after they have been delivered to a local machine.
In any case, if a message was received by the recipient more
than 1 week before the request, we may not be able to find a
copy of it.
- a message must reside in a mailbox or a file on one of
our systems overnight for it to be available
on a backup tape - if someone routinely reads and deletes
messages from the server or keeps a file on the system for
only a short period of time, it is possible that we have no
record of the contents of that message/file.
- a message stored in a folder/mailbox other than Inbox
is stored for a maximum of one year.
Also understand that data we can provide from central computing
systems in almost all cases will not establish with certainty the
physical location of any person at any time. What it may establish
is when an account was used and from what location.
How to request information
The procedures below reflect the sequence of steps necessary for
investigating officials seeking computer usage information about
individuals. All requests for access to the specific subtype of
computer usage information that involves "content" will require
additional review by the office of the University's General Counsel.
Law Enforcement, Government Officials, and Others Outside the University Community
- Law enforcement, government officials and others outside the University
community usually will need to provide legal orders (normally search
warrants) to obtain computer usage information. These documents should
be delivered to:
General Counsel
University of Virginia
Madison Hall
P.O. Box 400225
Charlottesville, Virginia 22904-4225
(434-924-3586)
Recent federal anti-terrorist legislation (the USA-Patriot Act) provides
for different processes in specific circumstances, but our procedure
remains the same -- any requests received under the act also must go to
the General Counsel for review. To ensure that the abuse team preserves
information that may be needed, you may wish to notify abuse@Virginia.edu in advance about your intent to request information.
- Be specific about what you request. A specific request will
speed delivery of information to you and will provide you with
information that is pertinent to your needs. Should you request
information that covers a large time period, it will take us
longer to gather the information and the volume of the information
may preclude its being useful to you. Hence, a request for
connections logs for the account of hypothetical individual
mst3k between midnight on 7/1/2000 and noon on 7/2/2000 can
be provided more quickly than a similar request that covers
a week or more, assuming that your request is made within
a time when we still have these records.
- The abuse team will release computing usage information to
law enforcement, government officials, or others outside the
University community only after it has been advised by the
University's General Counsel's Office that the investigating officials
have completed the appropriate processes.
- Unless otherwise instructed by the University's General
Counsel's Office, the abuse team will release computing
usage information or content information to the General
Counsel who will provide it to the requesting
law enforcement, government officials, or others outside the
University community.
- Unless otherwise instructed in the legal order, we will inform
the persons whose accounts were associated with the requested
information that the information was requested and provided,
and we will report to them the name of the investigating entity.
Honor Committee and Judiciary Committee Members, Sexual Assault Case
Investigators, and Faculty Conducting Individual Student-Academic-issue Investigations
- Members of the University's Honor Committee or Judiciary Committee,
investigators acting under the University's Procedures for Cases of
Sexual Assault,
or faculty conducting individual
student-academic-issue investigations will file any request for
computer usage information through the University's Vice
President for Student Affairs, who will review it and instruct
us about responding. To ensure that the abuse team preserves
information that may be needed, you may notify abuse@Virginia.edu in advance about your intent to request information.
Should you contact a member of the abuse@Virginia.edu team with
a request, we will forward it to the University's Vice
President for Student Affairs.
- Be specific about what you request. A specific request will
speed delivery of information to you and will provide you with
information that is pertinent to your needs. Should you request
information that covers a large time period, it will take us
longer to gather the information and the volume of the information
may preclude its being useful to you. Hence, a request for
connections logs for the account of hypothetical individual
mst3k between midnight on 7/1/2000 and noon on 7/2/2000 can
be provided more quickly than a similar request that covers
a week or more.
- The abuse team will not provide computer usage information to members
of the Honor Committee or Judiciary Committee or
Sexual Assault Case investigators or
faculty conducting individual student-academic-issue investigations
until we are notified by the University's Vice President for
Student Affairs that the investigating officials have completed
the appropriate processes. Requests for content information
require additional review by the University's General Counsel.
- Unless otherwise instructed by the University's Vice President
for Student Affairs (or the University's General Counsel's
Office), the abuse team will release computing usage information
to the Vice President for Student Affairs
who will provide it
to the requesting
members of the University's Honor Committee or Judiciary Committee
or Sexual Assault Case investigators
or the faculty conducting individual
student-academic-issue investigation.
- Unless otherwise instructed in the request we receive from the University's
Vice President for Student Affairs, we will inform the
persons whose accounts were associated with the requested
information that the information was requested and provided,
and we will report to them the name of the investigating entity.
University of Virginia Administrators in Faculty or Staff Disciplinary Investigations
- University administrators investigating incidents as part of
faculty or staff disciplinary processes will need to obtain
appropriate authorization. For log information, appropriate
authorization often will take the form of approval by the
appropriate Vice President and Provost for teaching or research
faculty or by the relevant vice president, dean or director
for administrative or professional faculty or staff. To ensure
that the abuse team preserves information that may be needed,
notify the abuse@Virginia.edu of your intent to request information
as soon as you know you need it.
- Be specific about what you request. A specific request will
speed delivery of information to you and will provide you with
information that is pertinent to your needs. Should you request
information that covers a large time period, it will take us
longer to gather the information and the volume of the
information may preclude its being useful to you. Hence,
a request for connections logs for the account of hypothetical
individual mst3k between midnight on 7/1/2000 and noon on 7/2/2000 can
be provided more quickly than a similar request that covers a week or
more.
- The abuse team will not provide log information to University
administrators investigating incidents as part of faculty or staff
disciplinary processes until we have received appropriate approval
to do so. Requests for content information require
additional review by the University's General Counsel.
- Unless otherwise instructed by the authority who
approves the release of information,
the abuse team will
release computing usage information to the authorizing
agent
who will provide it
to the person requesting the information.
- Unless otherwise instructed in the request we receive, we will
inform the persons whose accounts were associated with the
requested information that the information was requested
and provided, and we will report to them the name of the
investigating entity.
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