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Computer Law Review and Technology Journal

Abstract

Members of our Armed Forces serve in foreign countries and throughout the United States. Service members and civilian employees working for the military are permitted limited personal use of military computer systems. This limited usage gives, for example, a sailor on a ship a way to communicate with his parents thousands of miles away. It also means that the military must balance the privacy expectations of users against the need to maintain secure computer systems. The military must also ensure that its systems are not used in an illegal fashion or for illegal purposes. Finally, the military must protect its systems from unwanted intrusions from third parties that can cause damage to the systems or result in a breach of security.

This article will discuss how the military protects its computer systems through lawful monitoring. It will explore statutes and case law in this area and compare and contrast the various military regulations dealing with computer monitoring and use. Military regulations in the various branches of the service accord to users varying degrees of privacy within the parameters set by statutes and case law. In light of the terrorist attacks staged over the last several years, protection of military systems is paramount to the protection of our nation. Systems can be safeguarded while the rights of individual users are respected. The authors believe the best model to assure that this occurs is one that clearly delineates the functions and limitations of national security protection, systems and network administration, and law enforcement.

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