A BILL TO BE ENTITLED
AN ACT requiring that the authorized use of state computers may not include state employee access to certain types of internet sites and otherwise restricting state computer use that is not work‑related.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 143 of the General Statutes is amended by adding a new Article to read:
"Article 79.
"Employee Use of State Computers.
"§ 143‑740.  Definitions.
(a)	The following definitions apply in this Article:
(1)	Inappropriate personal use. – Any personal use that could cause congestion, delay, or disruption of service to a State government computer system or that could generate more than minimal additional expense to the State.
(2)	Information infrastructure. – Telecommunications, cable, and computer networks, including the World Wide Web, Usenet, bulletin board systems, online systems, and telephone networks.
(3)	Personal use. – Activity that is conducted for purposes other than accomplishing official business.
(4)	Minimal additional expense. – The expense incurred when the State is already providing equipment, supplies, or services and the use involves only a limited amount of electricity or other resources. Wear and tear from normal use is also a minimal additional expense.
(5)	Nonwork time. – The time when a State employee (i) is not performing an activity for the benefit of the State or under the control and direction of the State agency or (ii) would not otherwise be expected to address official business. Nonwork time includes lunch periods and authorized breaks. Nonwork time includes the time before or after a workday, weekends, or holidays, but only if the employee's duty station would normally be available to the employee at those times.
(6)	Sexually explicit content. – Any of the following:
a.	Any description of or any image or visual representation depicting sexual conduct, sexual excitement, or sexual abuse.
b.	Pornographic or obscene materials.
c.	A lewd exhibition of nudity.
(7)	State agency computer system. – Any computer hardware, software, or peripheral device owned or leased for use by a State agency, department, or institution.
(8)	State employee. – Includes all State employees in the executive, judicial, and legislative branches and the employees of The University of North Carolina.
"§ 143‑741.  Restrictions on State employee access to information infrastructure.
(a)	No State employee may utilize a State agency computer system to access information infrastructure to do any of the following:
(1)	Gamble.
(2)	Engage in unlawful conduct.
(3)	Pursue private commercial business activities or profit making ventures.
(4)	Transmit, access, download, print, or store any information infrastructure files or services having sexually explicit content.
(5)	Transmit, access, download, print, or store any information infrastructure files or services that are not work‑related, including Internet sites and services.
(b)	The restrictions contained in subsection (a)(4) of this section shall not apply to:
(1)	A bona fide State agency‑approved research project or other officially sanctioned undertaking when prior approval is given by the agency head in writing.
(2)	A criminal investigation conducted by a State, local, or federal law enforcement agency.
(c)	The restrictions contained in subsection (a)(5) of this section shall not apply when:
(1)	The head of a State agency, department, or institution has adopted an acceptable use policy allowing limited personal use of a State agency computer system during nonwork time where there is minimal additional expense to the State;
(2)	The administrator of the State agency's computer system has determined that access to an Internet site or service that is not work‑related will not result in inappropriate personal use; and
(3)	The State employee has signed an acceptable use agreement detailing the extent of the authorized use.
"§ 143‑742.  Limited personal use.
(a)	The head of a State agency, department, or institution may adopt an agency acceptable use policy, consistent with G.S. 143‑741, that allows employees to make limited personal use of a State agency computer system during nonwork time if the use involves no more than minimal additional expense and does not interfere with the employee's productivity or official duties or the productivity or official duties of others. Managers and supervisors may further restrict limited personal use based on the needs of the workplace or problems with inappropriate use.
(b)	Only a State employee who is authorized to access a State agency computer system in the performance of the employee's job duties may be allowed limited personal use.
(c)	A State employee does not have a right to, nor should the employee have an expectation of, privacy when accessing a State agency computer system.
"§ 143‑743.  Notice; sanctions.
(a)	The head of each State agency, department, and institution shall notify each State employee in the agency of the provisions of this Article and shall furnish to each employee a copy of any agency acceptable use policy.
(b)	Any State employee who violates this Article shall be subject to disciplinary action up to and including dismissal from employment and may, as otherwise provided by law, be subject to criminal penalties."
SECTION 2.  This act is effective when it becomes law.