Will They Track Me?

Based on the following agreement all military webmail users are forced to agree to, can/will the military track my IP address/MAC address across the Internet to bust me for Personal Misconduct (PM)? Keep in mind, I may want to check my military email on the same computer I enjoy porn, comment on blogs, creep on facebook, etc. When I agree to the following statement, I’m assuming “they” can record the MAC address of the computer I’m agreeing from, right?

Here’s the agreement:

Please scroll to the bottom to sign the User Agreement and continue through to AKO.

By signing this document, you acknowledge and consent that when you access Department of Defense (DoD) information systems:
:diamonds: 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. Government-authorized use only.
:diamonds: 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:
º 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.
º 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.
º 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.
º 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.
º 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.
º 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 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.

I agree to the terms of the User Agreement above.
Signed, MY NAME (which was automatically entered by the webmail provider)

Sign the User Agreement by entering your password. (then they want my password for verification)

Can they? Yes.

Will they? Not likely unless you bump up against a database/ruleset. P2P may be prohibited (I’ve been out of that world for a while, but HOPE they’re blocking P2P) as well as various pr0n sites (which would probably just get a reprimand). Child porn, accessing unauthorized sensitive locations, “hacking” sites outside your responsibility, etc… well, those might get you a nice room in the brig.

I worked in a hotel as a system admin with a similar agreement. While we certainly had the ability to track such things, we didn’t.

I would simply tell all new hires, DON’T put anything in an email you wouldn’t want the GM to also read. DON’T go to any website you wouldn’t want the GM to know you’re visiting.

These days with cellphones and iPads and all sorts of things like that, it’d be difficult to justify using work computers to look at porn and send personal emails and such.

Where I worked it was done with keystroke loggers as well as monitoring of IP addresses and such. In reality it probably won’t be used against you, unless they want to get rid of you, then it’s an easy tool to get rid of you

I’ve clicked on that user agreement hundreds of times using a CAC reader with my personal computer, logged off, then looked at questionable porn and I’m still in the Navy. Useage of government information systems, while you are logged on, is what would be monitored. Your personal fetish is safe. If you are truly worried about it, a second notebook computer is not an unreasonable price to pay for peace of mind. It is not clear in your email if you are using a DOD computer, or a personal machine. Obviously, if Uncle Sam owns the computer, there is no expectation of privacy. In addition, depending upon your location, other nations can and will monitor your traffic. Look at the recent Blackberry phone issue in the UAE and Saudi Arabia.