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CLAUSE I.124 – DEAR 952.204--77 COMPUTER SECURITY (AUG 2006)

(a)      Definitions.

(1)      Computer means desktop computers, portable computers, computer networks (including the DOE Network and local area networks at or controlled by DOE organizations), network devices, automated information systems, and or other related computer equipment owned by, leased, or operated on behalf of the DOE.

(2)      Individual means a DOE contractor or subcontractor employee, or any other person who has been granted access to a DOE computer or to information on a DOE computer, and does not include a member of the public who sends an e-mail message to a DOE computer or who obtains information available to the public on DOE Web sites.

(b)      Access to DOE computers. A contractor shall not allow an individual to have access to information on a DOE computer unless:

(1)      The individual has acknowledged in writing that the individual has no expectation of privacy in the use of a DOE computer; and,

(2)       The individual has consented in writing to permit access by an authorized investigative agency to any DOE computer used during the period of that individual’s access to information on a DOE computer, and for a period of three years thereafter.

(c)       No expectation of privacy. Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no individual using a DOE computer shall have any expectation of privacy in the use of that computer.

(d)      Written records.  The contractor is responsible for maintaining written records for itself and subcontractors demonstrating compliance with the provisions of paragraph (b) of this section. The contractor agrees to provide access to these records to the DOE, or its authorized agents, upon request.

(e)      Subcontracts.  The contractor shall insert this clause, including this paragraph (e), in subcontracts under this contract that may provide access to computers owned, leased or operated on behalf of the DOE.

2. Clause I.124 DEAR 952.204-77 Computer Security (August 2006) 

For purposes of this Contract, the term “writing”, “written”, and “written records” as used in DEAR 952.204-77 Computer Security (August 2006)is understood to include an electronic record demonstrating that, as a condition of receiving a password to gain access to a DOE computer, a user has accepted the terms of use required by 10 CFR 727 for the user; such acceptance shall be for the user and any other person with whom the password is shared by the user regardless of whether such sharing is prohibited by the terms of use.

Adam's draft of an alternate P clause.

For purposes of this Contract, the term “writing”, “written”, and “written records” as used in DEAR 952.204-77 Computer Security (August 2006)is understood to include an electronic record demonstrating that, as a condition of receiving a password to gain access to a DOE computer, a user has accepted the terms of use required by 10 CFR 727 for the user; such acceptance shall be for the user and any other person with whom the password is shared by the user regardless of whether such sharing is prohibited by the terms of use.  The term "information" is understood to mean information under the direct control of the Department of Energy, or that which has received a DOE sensitity marking.

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