NOSSCR Listserv Rules
- NOSSCR will assist in adding and removing subscribers, monitoring posts and participants, managing content, and responding in a timely manner as applicable.
- This includes compliance with and will require that all subscribers to the Listservs comply with all applicable U.S. law, as well as require that all subscribers agree not to use the internet connection for illegal purposes, including but not limited to, defamation, violation of intellectual property laws, violation of antitrust or unfair competition laws or violation of criminal laws.
- Listserv participants are responsible for saving archived messages that they wish to retain. NOSSCR reserves the right to delete archived messages. When the NOSSCR adds subscribers, they MUST send each subscriber a welcome message, which contains the NOSSCR Rules. NOSSCR members are reminded annually to review these rules, which may be found at NOSSCR.org.
- Violations of these rules may result in immediate suspension of posting privileges or other restrictions, reviewed by NOSSCR’s CEO in consultation with NOSSCR’s Listserv Committee. Posting on NOSSCR’s Listservs is not an automatic privilege for all members, and past behavior of members in this or other similar contexts may be considered in allowing or disallowing participation.
NOSSCR Listserv Usage Rules
Rule 1: Do not use the forum for illegal purposes, including but not limited to defamation, violation of intellectual property laws, violation of antitrust or unfair competition laws or violation of criminal laws.
a. Copyright – Referring to an article or news item with typical reference citations, providing a brief quote, or offering a link to legitimate online published content is permissible; community members should not post a full-text version of published material. Not infrequently a listserv member wants to tell others about an article or news item related to the issues discussed on the Listserv. However, sending the entire article to all Listserv subscribers, without the permission of the author or publisher, results in a prima facie case of copyright violation. While there can be defenses to a claim of copyright infringement where the purpose of copying is clearly not for commercial purposes (e.g. “fair use” or academic teaching exceptions), those defenses are complicated, have been construed differently in different jurisdictions and are not necessarily applicable to Listserv distribution.
b. Defamation and libel – In exchanges on the Listservs and when referring to others, avoid personal attacks and characterizations that question a person’s motives or qualifications. Sometimes a robust debate about ideas spills over into attacks on the proponents or opponents of the ideas. Listserv members need to be reminded that a false statement that harms someone’s reputation can be actionable as libel. There is a substantial difference between disagreeing with how someone did their research or treated a patient and accusing the person of fraud or incompetence. Because negative statements that impugn someone’s professional qualifications can cause substantial economic and emotional harm, this is an area for careful scrutiny. Keeping criticism on an objective basis that is factually verifiable and skipping personal commentary about character, competence or motive minimizes legal risk.
c. Antitrust concerns – NOSSCR by its nature is subject to antitrust issues. Discussions about rates charged, efforts to exert collective pressure on payors, terms of contracts, internship salaries, etc., all are prohibited. The antitrust laws are broad and complex but on a very basic level they operate to prohibit and even in some cases criminalize certain anticompetitive agreements between competitors. A professional association like NOSSCR is almost by definition a group of competitors that has come together to pursue common interests. Where those common interests involve agreements on such terms of competition as rates charged, salaries paid, standards applicable to members of the profession, and other issues of the marketplace, the antitrust laws apply. Listservs provide a written record of statements that can create an antitrust risk even when there is no anti-competitive intent.
Rule 2: Do not intentionally interfere with or disrupt other forum members, network services, or network equipment. This includes distribution of unsolicited advertisement or chain letters, propagation of computer worms and viruses, and use of the network to make unauthorized entry to any other machine accessible via the Listservs.
Rule 3: Do not use the Listservs for commercial purposes. “Commercial” as used for purposes of evaluating Communities messages means communications whose primary purpose is to advance the business or financial interests of any person or entity, or otherwise to promote a financial transaction for the benefit of the author directly or indirectly. Examples of prohibited communications include advertisements for products or services, notices regarding rental of office space, or direct solicitations of Listserv members to purchase products or services. Examples of messages that may be of financial benefit to Listserv members but are not prohibited because they do not inure to the financial benefit of the author include news of job listings or position openings, or discussion of professionally related products or services where the Listserv member conveying the information is not in the business of selling the products or services. Announcements that provide useful professional information to Listserv members but may also have some incidental commercial benefit to the sender (e.g., an author who is a community member merely advising the Listserv of publication of a professional book) typically would not be “commercial” for purposes of this restriction.
Rule 4: Do not violate privacy rules or disclose Listserv content with anyone outside the Listserv. All information shared on the Listservs is limited to verified members of NOSSCR. Only verified members are allowed to join and participate in the Listservs. New members may be required to provide relevant information to verify their identity and professional credentials. Do not share or disclose any personally identifiable information (PII) of fellow
members without their explicit consent.
a. No External Sharing of Posts: Information and discussions shared on the Listservs are intended solely for members’ benefit. Do not forward, share, or reproduce posts from the Listservs to nonsubscribers without the original author’s consent.
b. Use of PII in Responses: When responding to a post that involves a specific case or situation, avoid including any personal or sensitive information that could identify individuals or clients, even if anonymized. Further, do not share or disclose any personally identifiable information (PII) of fellow members without their explicit consent.
c. Secure Communication: We encourage members to use secure communication practices when sharing sensitive information within the community.
NOSSCR Listserv Etiquette
- Professional Conduct: All members must adhere to the highest standards of professional conduct and ethics. Avoid engaging in any behavior that could reflect poorly on the legal profession.
- Respectful Communication: Treat all members with respect and courtesy. Avoid personal attacks, offensive language, and discriminatory remarks.
- Confidentiality: Do not share confidential client information or any privileged communications on the Communities.
- Relevance: Keep discussions relevant to the legal profession, legal issues, and matters of professional interest. Avoid off-topic discussions.
- No Solicitation: Do not use the Listservs for commercial purposes or to promote products, services, or events without prior approval.
- No Spam: Refrain from posting repetitive or irrelevant messages that could be considered spam.
- Civility: Engage in constructive debates and discussions. Disagreements are allowed, but always maintain a respectful tone.
- No Unauthorized Legal Advice: Do not provide legal advice unless you are sure of the recipient’s jurisdiction and have permission to do so. Encourage seeking professional legal counsel instead.
- No Unauthorized Advertising: Do not advertise services or events without prior permission.
- Respect Copyright and Intellectual Property: Do not share copyrighted material without permission from the owner.
- Report Inappropriate Content: If you come across any content that violates the rules or guidelines, report it to the administrators promptly.
- Personal Liability: Each member is personally responsible for their own posts and comments.
- Keep Discussions Legal and Ethical: Do not engage in discussions that promote or encourage illegal or unethical behavior.
- Practical Limits: Do not use posts to schedule personal meetings, to thank someone for sending you something, or to say hello to a friend. Ask yourself, “will my post add to the knowledge base for the other members in the community?” If not, respond directly to the other member instead.
- Politics: Do not use the Listservs for political discussion or promotion of candidates.
- Other associations: Do not use the Listservs to promote or to negatively describe other associations or nonprofits.
