STANDARD MANDATORY NOTICE AND CONSENT PROVISION FOR
ALL DOD INFORMATION SYSTEM USER AGREEMENTS
By acknowledging this document, you consent that when you
access Department of Defense (DoD) information systems:
- You are accessing a U.S. Government (USG) information system (IS)
(which includes any device attached to this information system) that is
provided for U.S. Government-authorized use only.
- You consent to the following conditions:
- The U.S. Government routinely intercepts and monitors
communications on this information system for purposes including, but
not limited to, penetration testing, communications security (COMSEC)
monitoring, network operations and defense, personnel misconduct (PM),
law enforcement (LE), and counterintelligence (CI) investigations.
- At any time, the U.S. Government may inspect and seize data stored
on this information system.
- Communications using, or data stored on, this information system
are not private, are subject to routine monitoring, interception, and
search, and may be disclosed or used for any U.S.
Government-authorized purpose.
- This information system includes security measures (e.g.,
authentication and access controls) to protect U.S. Government
interests--not for your personal benefit or privacy.
- Notwithstanding the above, using an information system does not
constitute consent to personnel misconduct, law enforcement, or
counterintelligence investigative searching or monitoring of the
content of privileged communications or data (including work product)
that are related to personal representation or services by attorneys,
psychotherapists, or clergy, and their assistants. Under these
circumstances, such communications and work product are private and
confidential, as further explained below:
- Nothing in this User Agreement shall be interpreted to limit the
user's consent to, or in any other way restrict or affect, any U.S.
Government actions for purposes of network administration,
operation, protection, or defense, or for communications security.
This includes all communications and data on an information system,
regardless of any applicable privilege or confidentiality.
- The user consents to interception/capture and seizure of ALL
communications and data for any authorized purpose (including
personnel misconduct, law enforcement, or counterintelligence
investigation). However, consent to interception/capture or seizure
of communications and data is not consent to the use of privileged
communications or data for personnel misconduct, law enforcement, or
counterintelligence investigation against any party and does not
negate any applicable privilege or confidentiality that otherwise
applies.
- Whether any particular communication or data qualifies for the
protection of a privilege, or is covered by a duty of
confidentiality, is determined in accordance with established legal
standards and DoD policy. Users are strongly encouraged to seek
personal legal counsel on such matters prior to using an information
system if the user intends to rely on the protections of a privilege
or confidentiality.
- Users should take reasonable steps to identify such
communications or data that the user asserts are protected by any
such privilege or confidentiality. However, the user's
identification or assertion of a privilege or confidentiality is not
sufficient to create such protection where none exists under
established legal standards and DoD policy.
- A user's failure to take reasonable steps to identify such
communications or data as privileged or confidential does not waive
the privilege or confidentiality if such protections otherwise exist
under established legal standards and DoD policy. However, in such
cases the U.S. Government is authorized to take reasonable actions
to identify such communication or data as being subject to a
privilege or confidentiality, and such actions do not negate any
applicable privilege or confidentiality.
- These conditions preserve the confidentiality of the
communication or data, and the legal protections regarding the use
and disclosure of privileged information, and thus such
communications and data are private and confidential. Further, the
U.S. Government shall take all reasonable measures to protect the
content of captured/seized privileged communications and data to
ensure they are appropriately protected.
- In cases when the user has consented to content searching or
monitoring of communications or data for personnel misconduct, law
enforcement, or counterintelligence investigative searching, (i.e.,
for all communications and data other than privileged communications
or data that are related to personal representation or services by
attorneys, psychotherapists, or clergy, and their assistants), the
U.S. Government may, solely at its discretion and in accordance with
DoD policy, elect to apply a privilege or other restriction on the
U.S. Government's otherwise-authorized use or disclosure of such
information.
- All of the above conditions apply regardless of whether the access
or use of an information system includes the display of a Notice and
Consent Banner ("banner"). When a banner is used, the banner functions
to remind the user of the conditions that are set forth in this User
Agreement, regardless of whether the banner describes these conditions
in full detail or provides a summary of such conditions, and
regardless of whether the banner expressly references this User
Agreement.
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