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Secure networks -Reply 

Ann,

>From my point of view as someone who has a hand in writing these
licenses (but is not a lawyer, and whose advice should not be taken as
if it comes from a lawyer), you are actually bringing up two separate
issues, the definition of secure, and the standard of care that is
expected.

If the journal is available via a university wide network, where access
control is imposed and enforced, and to which only individuals within the
University community are given "authorized" access, then I would say
you have a "secure" network.  If the University can (and will) unilaterally
revoke access for any user who abuses the resources available on that
network, then I would say the university has absolute control.  (Perhaps 
you could suggest substituting "unilateral" for "absolute.")

The second issue is standard of care;  to how sophisticated of an
abuser you are expected to be able deny access?  Are you expected to
deny access in the case of "rank and file" access abuse, or the
intelligence arm or a foreign country? (Personally I would only ask the
former, but I have met some people in this industry who would lean
toward the latter.)  Sometimes the standard of care is defined in other
sections of the license.  Sometimes it is omitted for "keep it simple"
reasons.  I would suggest you look for a standard of care clause, make
sure that it is one you can live with, and if not, request that a standard of
care with which you can live is defined.

AOL and the Naval Research Lab or the Johns Hopkins Applied Physics
Lab (both libraries have networks for the distribution of highly classified
materials) have secure networks over which they have absolute control.
The difference is the standard of care exercised.  

Hope this helps,

David

*****************************************************************
David K. Ades
Manager, Journal Development
American Institute of Physics
500 Sunnyside Boulevard, Woodbury, NY  11797-2999
e-mail:  dades@aip.org	 web:  www.aip.org   
Phone:  (516) 576-2402   Fax:  (516)  576-2450
*****************************************************************


>>> Ann Okerson <aokerson@pantheon.yale.edu> 02/17/98 11:04pm
>>>
We have in hand a license from an important journal publisher, for
this publisher's electronic versions.  It's pretty good.  But therein
is a definition that reads:

	"Secure" with regard to the server or Network from which
access 
	to Authorized Users is to be given means:  only a server or
	Network or Networks over which the Institution has absolute
	control and can prevent the further distribution of material.

This definition is later used in important clauses pertaining to use and
so on.  My question:  This seems to me an unusually high standard
("absolute control") which in turn makes ultra-high expectations of
licensing institutions -- ones that we cannot commit to.   So, two
questions:

1.  Are we reading this correctly, or is there some other interpretation?

2.  Are there, in fact, such secure servers/networks in academiia, ones
over which the instituions do have absolute control?  How does one
create
such a highly secure environment? 

Thank you, Ann Okerson
Yale University Library
Ann.Okerson@yale.edu


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