Conference day 2 presentation notes: LEGAL POLICIES, Copyright, privacy, FERPA, HIPAA, etc. GROUP 1

-What is the impact of implementation of these new policies on implementing CMS systems: who gets to look at what? A real can of worms. What happens if CMS becomes the official academic record, and do we have the choice to refuse that responsibility?
-CIC can help to share policy statements, best practices, what are we all doing in terms of protecting information that is legally not distributable beyond certain parameters
-create documents with areas of convergence among the CIC schools. Wouldn’t it be great for our credibility if we could back up our actions with proof that other schools have a similar approach.
-Share other policies that we cannot agree on; share them with CIO’s, legal counsel, provosts to ask for help in coming to agreement
-Centralize e-content licensing on individual campuses
-Need to put security in place to protect privacy in light of PATRIOT ACT
-Intellectual property rights: should be decided who owns what. Will be decided on an institutional basis. Who owns the stuff in the CMS? Would be nice if we knew what our peer CIC schools say about that.
-Define “short-term archiving”; if we’re keeping stuff just so that faculty can re-use it, how long is that? CIC schools could share policies here, as well.

Add'l notes:
Major challenges and opportunities for CIC Institutions to collaborate:
1. Compliance w/HIPAA and FERPA, Teach : Impact of these laws on LMS [CMS] implementation -- espeically retention schedules, record-keeping. Issues: changing grades; revising web pages.
No common base of best practices in interpreting copyright and fair use guidelines.
CIC RECOMMENDATION: CIC's could share policy statements and best practices, FAQ's for how we indificually address copyright, fair use, HIOPAA, FERPA, TEACH ACT

2. Stakeholders: legal counsel, faculty, librarians, students, IT people

3. CIC RECOMMENDATIOn: Need some general CIC guidelines on which libraries and IT can converge. IT/Academic Technologies polidies may differ from library policies for copyright, fair use ... advice to faculty for the same topics may differ from IT/Library

4. Campuses need to centralize e-content licenseing agreements/authorization process on campuses. What about individual faculty licensing content?

5. Privacy and computing security - logs of transactions within the LMS/CMS and with components outside the LMS/CMS that are linked to individual user identities -- concerns about guarding against the misuse of this information

6. Whose material is the course materia -- rights to this varies by institution. Who gets to use Prof. X's course material? Faculty work on their own?? Work for hire belongs to the university?

7. Archiving temporarily (anticipating re-use at some short-term future point) vs. long-term preservation of university records and learning objects of enduring value; How long is short-term -- any agreement across institutions? CIC RECOMMENDATIOn: CIC's ought to share policies on short-term archiving of non-records management materials (chats, web-boards, etc.)

8. Examine shared policies across these topics to intify areas of convergence/agreement and areas of divergence. Food for thought/discussion among ICC library directors, provosts, CIO's, to identify areas of common agreement.