******************************************************************************* Please note: This is part of an on-line ASCII text version of the task force report. A full text and print-ready PostScript version is available via anonymous ftp from ftp.ucs.ubc.ca in /pub/info/ubc/reports/appropriate-use.ps. UNIXG account holders will find it on unixg.ubc.ca in the same file. ******************************************************************************* REPORT OF THE TASK FORCE ON THE APPROPRIATE USE OF INFORMATION TECHNOLOGY Prepared for Dr. Bernard S. Sheehan, Associate Vice-President Information and Computing Systems Task Force Members Dr. Maria Klawe (Chair) Dept. of Computer Science Professor Robin Elliot Faculty of Law Ms. Susan Mair University Computing Services Mr. Derek Miller Student Member, Board of Governors Dr. Jon Shapiro Dept. of Language Education Dr. Veronica Strong-Boag Ctr. for Research in Women's Studies & Gender Relations Staff Ms. Teresa Tenisci (Researcher) Information Systems Management Ms. Shirley Marcus (Secretary) President's Office The University of British Columbia Vancouver, B.C., Canada December 1992 CONTENTS EXECUTIVE SUMMARY 2 * Fundamental Principles Used by the Task Force 3 SPECIFIC RECOMMENDATIONS 4 BACKGROUND MATERIAL 6 * History 6 * The Sexual Harassment Policy 6 * The Underlying Technology: The Internet 7 * Offensive Material: Nature and Impact 7 * Actions by Other Universities 8 * The Canadian Context 9 * The Legal Context 10 The Criminal Code of Canada 10 Civil Rights Protection Act 11 B.C. Human Rights Act 11 * Input Received from the UBC Community 12 DISCUSSION 14 * Fundamental Principles 14 * Restoration of Banned Newsgroups 16 * Education for Appropriate Use of Information Technology 16 * Procedures for Dealing With Inappropriate Uses 16 * Broadening the Community of Users 18 APPENDICES 19 A. Terms of reference for Task Force and list of members B. Dr. Strangway's July 30, 1992 letter C. Submission to Task Force by Dr. Peter Danielson, Applied Ethics D. Submission to Task Force by Dr. Richard Rosenberg, Computer Science E. Other submissions to Task Force F. UBC Sexual Harassment Policy G. Recommended wording for computer account applications H. Recommended procedures related to inappropriate use of information technology I. Recommended additional actions by UCS EXECUTIVE SUMMARY Our Task Force was asked to make recommendations on the appropriate use of information technology in the context of UBC's Sexual Harassment Policy. The Task Force reviewed policies at other universities, received input from the University community through written and verbal presentations, and considered a variety of related topics including limitations of the technology, policies on libraries and other communication media, and the Canadian socio-political and legal contexts. This summary highlights the major findings of the Task Force, and is followed by a set of specific recommendations. The background material and more detailed discussions of the issues are given in the body of the report. Information technology offers tremendous opportunities for enhancing teaching and research activities at universities and UBC should take full advantage of these opportunities. Thus, we are recommending that UBC reinstate access to all available newsgroups. As is the case for other communication media, some material carried via information technology may be offensive to some or all members of a community. Moreover, the medium may be used by individuals in ways that harass others. These abuses may include racism and other violations of human rights as well as sexual harassment. The University must work to create a climate in which the users of information technology treat each other with respect, and in which abuses of others are not tolerated. It is, however, technically infeasible and also inappropriate for a university to attempt to restrict access to material that some may consider offensive. The Task Force believes that the best approach to creating an acceptable climate is through education, and through the establishment of procedures and penalties for inappropriate use. Some procedures are already available through the Sexual Harassment Policy. Moreover, based on our study, the Task Force feels that some of the changes to that policy now under discussion by the President's Permanent Advisory Committee on Sexual Harassment would result in procedures better suited to handle problems arising from the inappropriate use of information technology. Our study also points out the immediate need for an effective Human Rights Policy at UBC, since many incidents of inappropriate use are not sexual harassment but are still violations of human rights. In addition, it is important that UBC identify a single individual with responsibility for providing advice, and for contacting the appropriate authorities external to UBC when, for example, material that is believed to be illegal is involved. Another important issue is the need to broaden the community of users of information technology at UBC and elsewhere. This will significantly contribute to the creation of a culture more sensitive of the views of others. It will also allow a much larger segment of the community to take advantage of the educational opportunities provided by information technology. Finally, information technology and its associated culture is evolving so rapidly that it is important that the University regularly review its policies and procedures in this area. Such reviews and any decisions which are made should involve consultation with the University community. * Fundamental Principles Used by the Task Force 1. Those associated with the University are entitled to the best possible environment for working and learning. 2. Such an environment is not one in which those associated with the University are involuntarily exposed to pornographic, racist, homophobic, and similar offensive messages and images. 3. Therefore, no one associated with the University should be required to consume against his or her will offensive messages and images conveyed by information technology or any other means. 4. Those associated with the University should be entitled to communicate freely with one another and the wider community. 5. The Criminal Code of Canada, the Civil Rights Protection Act, the B.C. Human Rights Act, and the UBC Sexual Harassment Policy all apply to the use of information technology at the University, as they do to other aspects of life here, to limit completely free communication in order that the best possible environment be preserved. 6. The responsibility for establishing the best possible environment for working and learning is a shared one between the University administration and those associated with it. 7. The University should not ban the electronic communication between willing participants of messages and images which others might find offensive, since no such ban applies to other forms of communication. 8. Those associated with the University should be educated about the laws and policies applicable to this area, as well as about the need for everyone at UBC to treat one another with respect. SPECIFIC RECOMMENDATIONS 1. The University should ensure that its efforts to create an environment in which all members treat each other with respect extend to facilities and activities associated with information technology. 2. The University should provide access to all newsgroups and, more broadly, the Internet as a whole, for all members of the University community. Other institutions, such as schools, which access the Internet through UBC accounts, should be informed of the possible existence of material that is inappropriate for their users. Such institutions should make their own policies regulating access to such material. 3. The University should make it clear that the user bears the primary responsibility for the material he or she chooses to access, send, or display on the network and other computing systems. 4. The University should educate the University community about the benefits of access to the Internet and information technology, as well as the form of and need for responsible use of these resources. In particular, before obtaining accounts, users should be informed of the culture and etiquette involved in the use of information technology such as newsgroups and electronic mail, the nature and impact of offensive uses of these facilities and associated penalties, the procedures for reporting abuses, and the Canadian legal context. 5. The University should instruct the administrators of units operating computing facilities to establish procedures for dealing with abuses involving information technology. An outline of recommended procedures is given in Appendix H. All administrators should be aware of the issues involved, and be prepared to deal with complaints in consultation with the Sexual Harassment Policy Office or Human Rights Office (once it is established). A single individual should be identified as the person to whom abuses should be reported in cases involving material that is potentially illegal, or sites outside UBC. This individual should be responsible for notifying the appropriate authorities external to UBC. The University should make it clear that, as in other contexts, all members of the community bear a responsibility to report instances where they feel abuses have occurred. Moreover, the University should ensure that there are non-intimidating mechanisms for doing so. 6. The University should establish Sexual Harassment and Human Rights policies in which victims need not bear the entire responsibility for initiating correction of offences under those policies. The policies should attempt to deal with causes as well as symptoms. 7. The Campus Advisory Board on Computing should be responsible for regularly reviewing the University's policies on the appropriate use of information technology. This body should be broadened to include representatives of graduate and undergraduate students. 8. The University should provide resources, information, and incentives to encourage the broadest possible participation in the use of information technology at all levels in the University community. 9. Changes in policies affecting information technology should involve significant consultation with the University community.