Policies :: Appendix C 

Guidelines for Political Activity (from Daniel Webster College Student handbook):

Extract of New Hampshire Criminal Code

638:16 Computer Crime; Definitions. For the purpose of the subdivision:

1. "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network. 
2. "Computer" a programmable, electronic device capable of accepting and processing data. 
3. "Computer Network" means (a) a set of related devices connected to a computer by communication facilities, or (b) a complex of 2 or more computers, including related devices, connected by communication facilities. 
4. "Computer Program" a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. 
5. "Computer Services" includes, but is not limited to, computer access, data processing, and data storage. 
6. "Computer Software" means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. 
7. "Computer System" means a computer, its software, related equipment, communications facilities, if any, and includes computer networks. 
8. "Data" means information of any kin in any form, including computer software. 
9. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal or governmental entity, including any state or municipal entity or public official. 
10. "Property" means anything of value, including data. 

1. A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that he is not authorized to do so, he knowingly accesses or causes to be accessed any computer system without authorization. It shall be an affirmative defense to a prosecution for unauthorized access to a computer system that: 
   1. The person is reasonably believed that the owner of the computer system, or a person empowered to license access thereto, had authorized him to access; or 
   2. The person is reasonably believed that the owner of the computer system, or a person empowered to license thereto, would have authorized him to access without payment of any consideration; or 
   3. The person reasonably could not have known that his access was unauthorized. 
2. A person is guilty of the computer crime of theft of computer services when he knowingly accesses or causes to be accessed or otherwise uses of causes to be used a computer system with the purpose of obtaining unauthorized computer services. 
3. A person is guilty of the computer crime of interruption of computer services when he, without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes denial of computer services to an authorized user of a computer system. 
4. A person is guilty of the computer crime of misuse of computer system information when: 
   1. As a result of his accessing or causing to be accessed a computer system, he knowingly makes or causes to be made an unauthorized display, use, disclosure, or copy, in any form, of data residing in, communicated by, or produced by a computer system; or 
   2. He knowingly or recklessly and without authorization: 
      1. Alters, deletes, tampers with, damages, destroys, or takes data intended for use by a computer system, whether residing within in or external to a computer system; or 
      2. Intercepts or adds to data residing within a computer system; or 
   3. He knowingly receives or retains data he knows or believes was obtained in violation of subparagraph (a) or (b) of this paragraph; or 
   4. He knowingly uses or discloses any data he knows or believes was obtained in violation of subparagraph (a) or (b) of this paragraph. 
5. A person is guilty of the computer crime of destruction of computer equipment when he, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer system or knowingly or recklessly causes any of the foregoing to occur. 

1. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,000. 
2. Computer crime constitutes a class B felony if: 
   1. The damage to or the value of the property or computer service exceeds $500; or 
   2. The person recklessly engages in conduct which creates a risk of serious physical injury to another person. 
3. Computer crime is a misdemeanor if the damage to or the value of the property or computer service, if any, is $500 or less. 
4. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense, and it the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain" means the amount of money or the value of property of computer services or other consideration derived. 
5. For the purpose of this section: 
   1. The value of property or computer services shall be: 
      1. The market value of the property of computer services at the time of violation; or 
      2. If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property of computer services at the time of violation. 
   2. Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense. 
   3. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. 

Federal law 17 U.S.C. *506(a) creates the offense of willful infringement of copyright. The section's original penalties (fines of up to $25,000 and one year's imprisonment for a first offense, doubled for subsequent offenses) were dramatically increased in 1982 to fines of up to $250,000 and terms of imprisonment of up to five years.

Note: There is growing international attention to legal prohibition against unauthorized access to computer systems, and several countries have recently passed legislation that addresses the area (e.g. United Kingdom, Australia). In the United States, the Computer Fraud and Abuse Act of 1986, Title 18 U.S.C. section 1030 makes it a crime, in certain situations, to access a Federal interest computer (federal government computers, financial institution computers, and a computer which is one of two or more computers used in committing the offense, not all of which are located in the same state) without authorization. Most of the 50 states have similar laws.

Activities on campus may give rise to questions relating to the tax exempt status of the College. According to Section 501(c)(3) of the Internal Revenue Code, exemption of colleges and universities from Federal income tax is dependent upon their qualifying as institutions organized and operated exclusively for religious, charitable, or educational purposes. Furthermore, this section provides that a college is entitled to tax exemption so long as "no substantial part of the activities of" an exempt institution maybe" carrying on propaganda, or otherwise attempting to influence legislation" and further than an exempt institution may "not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. "This is the sense in which" political " is used in the guidelines that follow.

As a result, the American Council of Education has taken this law under advisement and with the aid of legal and academic counsel, has prepared a statement designed to provide colleges and universities with guidance in these matters. The stated ACE guidelines were approved by the Internal Revenue Service. Subsequently these guidelines were forwarded to all of the nation's colleges and universities.

On the basis of the American Council of Education document, Daniel Webster College, with its legal counsel, has prepared the following guidelines which will apply on our campus. These guidelines are subject to changes based on IRS guidelines or interpretations thereof.

Guidelines

1. Administrative officers, faculty, students and staff of Daniel Webster College are free to express their individual and collective political views, whether on or off campus; PROVIDED that it is made clear they are not speaking for or in the name of Daniel Webster College. 
2. Recognized College departments and campus organizations are free to invite outside speakers on political subjects to Daniel Webster College; PROVIDED that the primary purpose is to address the College community. 
3. College facilities and services may not be used by outside organizations or outside individuals whose purpose is to further the cause of a candidate or political party. 
4. College services and materials should not be used for political activities; such services and materials must be paid with non-College funds. 
5. Funds or contributions may not under any circumstance be solicited in the name of Daniel Webster College for use in any political activity. 
6. Neither the College name nor insignia may appear on stationery or any other material used or intended for political purposes. 
7. Use of College postage meters or mailing privileges for political mailing is prohibited. 

Campus organizations and departments may use campus mail to publicize political forums and discussions but may not use the mail service to endorse, raise money for or otherwise promote a candidate for public office or a political person, organization or lobby.

As with political material, correspondence which promotes, either by advertisement, invitation, or any other form of solicitation, a non- College, off-campus business enterprise, may not be sent via campus mail.

The above policy applies to all users of the faculty and student campus mailrooms.