[Foundation-l] [WikiEN-l] Legal obligation to report Wikipedia

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Nathan

Now we have seen the up to date Army regulation.  Is that the most up to
date AF one.  Can you source it so that we can verify it? :)


Mercury

-----Original Message-----
From: foundation-l-bounces at lists.wikimedia.org
[mailto:foundation-l-bounces at lists.wikimedia.org] On Behalf Of Nathan
Sent: Wednesday, January 02, 2008 8:41 PM
To: Wikimedia Foundation Mailing List
Subject: Re: [Foundation-l] [WikiEN-l] Legal obligation to report Wikipedia

To clarify:

Article 78 of the UCMJ states that any person subject to this chapter
who, knowing that an offense punishable by this chapter has been
committed, receives, comforts, or assists the offender in order to
hinder or prevent his apprehension, trial, or punishment shall be
punished as a court-martial may direct.

Article 92 of the UCMJ states that 1) any person subject to this
chapter who violates or fails to obey any lawful general order or
regulation, 2) having knowledge of any other lawful order issued by
any member of the armed forces, which it is his duty to obey, fails to
obey the order (so branch of service is irrelevant)

5 C.F.R. 2635.704 of US Code states that all employees of the
Department of Defense have a duty to protect and conserve Government
property, and to refrain from using or allowing its use for purposes
other than those for which it is made available to the public or those
authorized in accordance with law or regulation.

This is the specific Air Force regulation on Internet use.  It's in
caps, because the Air Force does it that way:


 4. INTERNET USE. GOVERNMENT COMMUNICATIONS SYSTEMS AND EQUIPMENT,
INCLUDING ELECTRONIC MAIL AND INTERNET SYSTEMS, ALONG WITH THEIR
ASSOCIATED HARDWARE AND SOFTWARE, ARE FOR OFFICIAL AND AUTHORIZED
PURPOSES ONLY. COMMANDERS MAY AUTHORIZE INCIDENTAL USE WHICH: DOES NOT
INTERFERE WITH THE PERFORMANCE OF OFFICIAL DUTIES; IS OF REASONABLE
DURATION AND FREQUENCY; SERVES A LEGITIMATE AIR FORCE INTEREST, SUCH
AS,ENHANCING PROFESSIONAL OR MILITARY EDUCATION; AND DOES NOT
OVERBURDEN THE SYSTEM OR CREATE ANY SIGNIFICANT ADDITIONAL EXPENSE TO
THE AIR FORCE. A GOVERNMENT SUBSCRIPTION FOR COMMERCIAL INTERNET
SERVICES OR FEE-FOR-USE SERVICES MUST BE IN PLACE PRIOR TO USING
GOVERNMENT OWNED EQUIPMENT TO ACCESS THESE COMMERCIAL SERVICES. ACCESS
TO AIR FORCE NETWORK TERMINAL SERVERS FROM HOME WILL BE LIMITED TO
OFFICIAL USE.

UCMJ lists out criminal procedures.  Military regulations are
established by each
department of the Department of Defense.  But they're the same, and
officers are obligated by Article 92 to follow the regulations of any
of the armed forces.  Their some differences in regs (like it's
unlikely that the Air Force has any regs with respect to submarines,
and the Navy unlikely has any regs that deal with B-52 bombers).

On Jan 2, 2008 9:36 PM, Durova <nadezhda.durova at gmail.com> wrote:
> It also appears that OrangeMarlin was quoting an outdated version of the
> Army regulation.  An excerpt from the linked 2005 revision follows:
>
> http://docs.usapa.belvoir.army.mil/jw2/xmldemo/r25_1/head.asp
>
>
> *e. Authorized uses of communication systems. Authorized use includes
brief
> communications made by DOD employees while they are traveling on
Government
> business to notify family members of transportation or schedule changes.
> They also include personal communications from the DOD employee's usual
> workplace that are most reasonably made while at the work place (such as
> checking in with spouse or minor children; scheduling doctor and auto or
> home repair appointments; brief Internet searches; e-mailing directions to
> visiting relatives). Such communications may be permitted, provided they -
*
>
> *(1) Do not adversely affect the performance of official duties by the
> employee or the employee's organization. *
>
> *(2) Are of reasonable duration and frequency, and, whenever possible, are
> made during the employee's personal time, such as during lunch, break, and
> other off-duty periods). *
>
> -Durova
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