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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. Users should take reasonable steps to identify such communications or data that the user asserts are protected by any such privilege or confidentiality.Users are strongly encouraged to seek personal legal counsel on such matters prior to using an IS if the user intends to rely on the protections of a privilege or confidentiality. 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.
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However, consent to interception or capture, or seizure of communications and data is not consent to the use of privileged communications or data for PM, LE, or CI investigation against any party and does not negate any applicable privilege or confidentiality that otherwise applies. The user consents to interception or capture and seizure of all communications and data for any authorized purpose (including PM, LE, or CI investigation).This includes all communications and data on an IS, regardless of any applicable privilege or confidentiality. Nothing in this User Agreement shall be interpreted to limit the user’s consent to, or in any other way restrict or affect, any USG actions for purposes of network administration, operation, protection, or defense, or for communications security.Under these circumstances, such communications and work product are private and confidential, as further explained below: Notwithstanding the above, using an IS does not constitute consent to PM, LE, or CI 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.This IS includes security measures (for example, authentication and access controls) to protect USG interests–not for your benefit or privacy.Communications using, or data stored on, this IS are not private, are subject to routine monitoring, interception, and search, and may be disclosed or used for any USG-authorized purpose.At any time, the USG may inspect and seize data stored on this IS.The USG routinely intercepts and monitors communications on this IS 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.By using this IS (which includes any device attached to this Is), you consent to the following conditions:.Government (USG) information system (IS) which is provided for USG-authorized use only. By consenting to this document, you acknowledge and consent that when you access Department of Defense (DoD) information systems:.STANDARD MANDATORY NOTICE AND CONSENT PROVISIONįOR ALL DOD INFORMATION SYSTEMS USER AGREEMENTS INFORMATION TECHNOLOGY SYSTEMS USER AGREEMENT