By clicking ACCEPT to this document, you acknowledge and consent that when you access
Department of Defense (DoD) information systems:
• 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. Governmentauthorized
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. Government-authorized purpose.
○ 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 confidentiality.
- 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 protected.
○ 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
DTM-08-060, May 9, 2008
Change 5, 09/25/2013 6
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.
Press the ACCEPT button to confirm the above and proceed to the application.
