UNIVERSITY OF PITTSBURGH POLICY 10-02-99

CATEGORY:        SUPPORT SERVICES
SECTION:         Computing, Information, and Data
SUBJECT:         Computer Access of Obscene Material
EFFECTIVE DATE:  January 1995
PAGE(S):         1

                       AD HOC COMMITTEE PROPOSAL

           Accepted as University Policy by Executive Staff
                             January 1995

         For use until formally issued as a University policy.

     Our group has been charged with recommending a policy to the
Executive Committee for Academic Computing (ECAC) regarding the use of
University computer resources to access, display, post, and print
materials which have possibly obscene and/or sexually explicit
content.  There exist both Federal and Pennsylvania statutes which
govern obscene and/or sexually explicit material.  Pitt is a state-
related University, and, as such, must support and protect First
Amendment rights.
     
     1.   We suggest that University of Pittsburgh Policies 10-02-05
          (Computer Access and Use) and 07-06-04 (Sexual Harassment
          Policy), and CIS' "Computing Ethics and Guidelines," be
          reviewed by the University to make sure that they adequately
          deal with issues such as the display of obscene and/or
          sexually explicit materials on computer screens.
     
     2.   There are approximately 10,000 USENET news groups on the
          Internet, the vast majority of which do not deal with
          obscene and/or sexually explicit material.  CIS resource
          limitations prevent us from carrying all of those groups,
          even if we would want to do so.  While the topics discussed
          by a group are generally assumed to be well described by the
          group's name and statements about its purpose, a group is
          the electronic analogue of a large bulletin board with open
          access.  Anyone may post anything he/she wishes on the
          board; thus obscene and/or sexually explicit material may
          well exist in news groups with innocuous titles.  It is
          impossible to review the content of all groups Pitt carries,
          even if we wished to do so.  We propose that the University
          form a standing committee, with student, faculty, staff, and
          Office of General Counsel representation, which will draft,
          review, and update guidelines, on the basis of which a CIS
          staff member will add, delete, and retain news groups on the
          CIS system.  Except with respect to obscenity, or other
          speech not protected by the First Amendment, the guidelines
          will be content-neutral.  CIS currently has a process for
          selecting news groups; our proposal broadens the group
          involved in setting the policies to be followed and enhances
          legal safeguards to the policy-making process.
     
     3.   We recommend that the standing committee mentioned in the
          paragraph above formulate guidelines, on the basis of which
          CIS will segregate news groups into two categories:  (1)
          those with content which is likely to be obscene or sexually
          explicit and harmful to minors, as defined by Federal and
          State law, and (2) those without.  Matriculated students,
          faculty, and staff, age 18 and older, would automatically be
          granted access to all news groups being carried.  All those
          under age 18 would normally be granted access to only the
          second news group.  We recommend the establishment of a
          process and a set of guidelines by which those persons could
          apply for access to the other set of news groups under
          appropriate circumstances.
     
     4.   Computing privileges may be suspended or other sanctions
          imposed upon anyone found to have used University resources
          to display, print, or circulate obscene material, where
          "obscene" is defined by Federal and State law; anyone who
          circulates, to persons under the age of 18, sexually
          explicit materials which are defined by law as being harmful
          to minors; and anyone found to have used University
          resources to use obscene and/or sexually explicit material
          in a way which violates University policies and guidelines.
          The standing committee mentioned above will make
          recommendations to CIS for suspension of computing
          privileges or other sanctions in each case involving faculty
          or staff members.  In cases involving students, the existing
          Student Judiciary Board will have jurisdiction.  In
          addition, as noted in the August 1993 "Computing Ethics and
          Guidelines," "... failure to adhere to these guidelines can
          result in the suspension of computing privileges and
          prosecution under Federal and State law, where applicable."
          The University will fully cooperate with all such
          prosecutions.