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Listserv

Instructions, Netiquette, Policies and Rules

 

MPA MEMBER LISTSERV

AN INTERNET COMMUNITY


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The Maryland Psychological Association has an e-mail listserv or discussion group for members only.

Approximately 600+ members exchange referrals, discuss treatment issues, keep up with MPA doings, and educate themselves about business-of-practice issues through this "Member Listserv." This listserv is possible through the generosity of APA, which hosts it on Listserv software on one of APA's servers.

The following information provides instructions on: 1) how to use commands on the listserv; 2) Netiquette; and 3) MPA listserv Rules and Policies. As a member of the MPA listserv community, it is your obligation to make sure you are aware of the information provided below:


1. JOINING THE MPA LISTSERV

As this is a list for MPA members only, those who wish to join the MPA email list cannot do it without approval. Requests should be e-mailed to Linda Dunn at members@marylandpsychology.org.

Once you are accepted to the MPA listserv, the address for sending e-mail postings is:
MPA@lists.apapractice.org



2. ADJUSTING THE LIST TO YOUR NEEDS

Once you are on the listserv, you can communicate with the Listserv software at APA to change how the list is delivered to you, to temporarily stop getting messages, or to resign from the list.


3. TO SEND A MESSAGE TO THE MPA LISTSERV

To send a message to the MPA listserv software, address it to: listserv@lists.apapractice.org. DO NOT use a subject line and send only the designated message (remember you are talking to a computer).

**To send a message to any of the other MPA listservs, i.e., ECPN, MPALWG, MPARC, etc., use the following address: listserv@cpqweb1.rints.com (See #4 and #5 below for specific instructions.)



4. OTHER MESSAGES TO THE LISTSERV (listserv@lists.apapractice.org)

a) When you are going on vacation and want to suspend your listserv membership temporarily, send the following message (and nothing else):
SET MPA NOMAIL

(Substitute the word ECPN, or MPALWG, etc. for the word MPA when instructing another listserv and send it to listserv@cpqweb1.rints.com.)

b) When you get back, send the following to begin getting mail again:
SET MPA MAIL

(Substitute the word ECPN, or MPALWG, etc. for the word MPA when instructing another listserv and send it to listserv@cpqweb1.rints.com.)

c) If you would prefer to get all your MPA messages for the day in one bundle, rather than as each comes through, send the message:
SET MPA DIGEST

(Substitute the word ECPN, or MPALWG, etc. for the word MPA when instructing another listserv and send it to listserv@cpqweb1.rints.com.)

d) If you find you don't like the digest format, undo it by sending the message:
SET MPA NODIGEST

(Substitute the word ECPN, or MPALWG, etc. for the word MPA when instructing another listserv and send it to listserv@cpqweb1.rints.com.)


5. UNSUBSCRIBING FROM A LISTSERV


a) To unsubscribe from the MPA listserv, send a message to: listserv@lists.apapractice.org. DO NOT use a subject line. Your message should say only:
SIGNOFF MPA

b) To unsubscribe from any other MPA listserv, send a message to: listserv@cpqweb1.rints.com. DO NOT use a subject line. Your message should say only:
SIGNOFF ECPN (or MPALWG or MPARC, etc.)

6. NETIQUETTE

Because some members are just becoming comfortable with computers and are new to email discussion groups, the following email etiquette rules are posted here to help you become aware of the niceties of this type of communication. These rules have evolved over time as people have had experience with email lists.

Be sure to sign each message and include your email address. The header or the signature message on your email may do this for you. However, if you share an email account, be sure you are identified, at least by your signature at the end of your message.

Try to keep your messages constructive, courteous, and brief.

Send personal messages (e.g., "Enjoyed dinner last night") backchannel to the intended reader, not to the whole list.

Always check the address line before sending your message. With some email programs, it is easy to send a message to the whole group by mistake when you think you are replying to an individual. Besides cluttering everyone's mailbox, this could be very embarrassing or even damaging to you or someone else.

If you are replying to another's message, include only the essential information from the previous message. When possible, put your reply at the start of the message so that readers do not have to scroll past repeated information to get the current message. Be extra careful with this if you are using the digest format.

Be supportive of fellow list members. As discussion gets going furiously on some topic, don't forget that some people on the list don't know you are a sweetheart under that sarcastic growl! Keep it cool.

Be sure your subject heading reflects the content of your message. Sometimes when a thread develops, the main content changes. If you continue to use the original subject heading, others may be confused as to the current content of the message.

Use copyrighted material only with permission (see below).

Please do not copy and distribute other members' communications unless you have obtained their expressed permission to do so. Listserv members' email communications are intended for the listserv membership only. Essentially, this will maintain a boundary between the members' forum and cyberspace at large and protect intended meanings and contexts.


7. MPA LISTSERV POLICIES AND RULES

The American Psychological Association Practice Organization (APAPO) provides the electronic mailing lists for MPA, and other state associations,  without charge as a public service.  In other words, MPA’s MARYLAND listserv is "hosted" by APAPO servers.  As such, MPA and all participants must adhere to APA’s specific guidelines in order to remain a part of these services, particularly as applies to posting advertising, full-text articles, political endorsements, and discussions not appropriate to the tax status.

The MPA forum is available only to members of the Maryland Psychological Association.  Participation is a privilege, not a right.  Participants may be removed from the list under certain circumstances as described below.  The MPA Executive Director is responsible for the enforcement of list policies.

8. RULES AND STANDARDS FOR THE MPA LISTSERV

In subscribing to this forum, and especially if you send messages to the forum, you are agreeing to four rules.

The Rules are:



Rule 1: Do not use the forum for illegal purposes, including but not limited to defamation of character, violation of intellectual property laws, violation of antitrust or unfair competition laws, violation of criminal laws, or infringement of copyright laws. Sending an entire article to the listserv without the permission of the author or publisher results in a prima facie case of copyright violation. A synopsis of the article may be given and a link may be made to the original site.

Rule 2: Do not intentionally interfere with or disrupt other list 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 Forum. CONTACT THE MPA WEBMASTER IF YOU HAVE CONCERNS ABOUT A VIRUS OR WORM (webmaster@marylandpsychology.org).

Rule 3: Do not use the Forum for commercial purposes such as advertising services as a consultant, available positions in your practice or another private/public setting, available office space, or posting a full ad for CEU/supervision opportunities. (MPA has a place for advertising on its website and in the MPA newsletter.)

Rule 4: Do not use the listserv to support in any way electioneering, soliciting funds, or the endorsement of a candidate for federal, state, or local political office.

Permitted Advocacy Listserv Communications

List Administrators and List Users are required to comply with all relevant federal Internal Revenue Service and Federal    Election Committee laws, regulations, guidelines, and procedures, and engage only in legally appropriate communications regarding political activity.

For example, this list can be used to openly discuss political advocacy activities generally; however, this list cannot be used to advocate for a particular candidate or to raise money for a particular candidate or Political Action Committee (PAC).
             
What Is Permitted?

Providing factual information about a PAC

Providing information about the amount of money the PAC has raised, and from whom

Providing factual information about which candidates have been supported by the PAC

For example, a communication on the listserv can:

                Announce the existence of a candidate, or the existence of

                a PAC and explain the laws and regulations that govern its

                activities

                Provide information about how much money a candidate

                has raised, or how much money a PAC has raised, the

                number of contributors, and the number of candidates

                supported
               
                Identify federal candidates who have been supported by a

                PAC, as long as the message does not suggest that

                financial contributions to the PAC would help elect or defeat those candidates

  What Is a Not Permitted?

  Any straightforward request for financial contributions to a candidate or PAC.

  Providing information about a candidate or PAC if it:


                           o Publicizes the candidate or PAC in a way that encourages contributions

                   to the candidate or PAC;

                o Provides information on how to contribute to the candidate or PAC; or,

                o Encourages financial support for the candidate or PAC.

   For example, a message on the listserv that commends individuals who have

   contributed to a specific candidate or PAC is not allowed because it encourages

   financial support.

If you break these rules then you will be unsubscribed using the procedure outlined below because these rules govern the very heart of our arrangements with our service provider.



The Standards are:



In your initial message to the list, please introduce yourself, your professional affiliation, where you live or practice and any requests or questions you may have.

Keep messages concise and to the point.

Sign all messages, include your email address.

If you use software that repeats a message in your response, please repeat only that portion of the message that is essential.

Use the subject line to describe the content of your message. This will help lists members who choose not to read all messages to decide whether or not to read your message.



By following these rules and standards, a climate will be created that encourages trust, collegiality and friendly, informative and spontaneous discourse.


9. LISTSERV VIOLATION POLICY



Failure to adhere to the rules may result in your removal from the list. The process for removal from the list is as follows:

1. A warning (via email) will be sent to the violator with a reminder of the rules and explanation of the violation.

2. If the member continues to violate the rules of the list, MPA's Executive Director will send the member a second warning. The member will be informed of the nature of the violation(s) and will be informed that a third violation will result in suspension from the forum for six months.

3. A third violation will result in the member being suspended from the list for six months.


After a person has been suspended from a listserv for six months they may be eligible to resubscribe to the list. A reapplication for listserv privileges will be made to the list administrator. Reapplication does not guarantee immediate reinstatement. If reinstated, prior offenses will be disregarded and the violation procedure will start again. If not reinstated, the rational for the decision will be sent to the member. Decisions not to reinstate a member shall be reviewed and approved by the Executive Council prior to notification to the member.

In egregious cases, MPA's Executive Director can immediately suspend the violator.

A fuller explanation of some of the Legal Risks of APA-hosted Listserv use are described by Nathalie F. P. Gilfoyle, General Counsel, American Psychological Association:

It is amazing to think that 10 years ago it was rare to meet someone who participated in an electronic listserv. Today listservs are the means of choice for people across the country and around the world to discuss issues of common interest. This is particularly true in a professional association like APA where knowledge is highly valued and lively debate is welcome.

Lists or listservs have many positive attributes and can serve the interests of furthering organizations' purposes in myriad ways. But because this article is being written by APA legal counsel you probably know that it will highlight some of the pitfalls that can ensnare the unwary in list discussions. So here are a few of the top trouble areas and some guidance on how List Administrators and List members can avoid problems.



1. Copyright -- Not infrequently a list member wants to tell others about an article or news item related to the issues discussed on the List. It may surprise you to learn that sending the entire article to the list, 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. It is okay to provide a brief quote from the copyrighted material or to provide a link to the story if it is published electronically but it is best to refrain from posting an entire item to the List.

2. Defamation -- Sometimes a robust debate about ideas spills over into ad hominem attacks on the proponents or opponents of the ideas. List 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.

3. Antitrust concerns -- 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 APA 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. Thus for the protection of everyone discussions about rates charged in a given area, efforts to exert collective pressure on payors, terms of contracts with insurance companies, internship salaries, etc, all are prohibited.

4. Risks affecting tax exemption -- While using the list to endorse political candidates in a federal, state, or local election or for commercial purposes likely won't expose a member to personal legal risk, it can jeopardize APA's tax exempt status under section 501 (c) 3 of the Internal Revenue Code. To keep this advantageous tax status, APA cannot ever be involved in or support in any way electioneering or endorse a candidate for federal, state, or local political office. APA must assure that its activities are focused on the scientific, educative, and charitable purposes for which it gained tax-exempt status.



This list of legal risks is not exhaustive but List administrators who keep an eye on these areas should be in good shape. As always if you have doubt or questions contact any of us in the APA Office of General Counsel.


 

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