- 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.
- 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
- 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
- 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.