provides e-mail, bulletin board functions and access to the Internet. Additionally, the Department is developing a web site to replace the DPI Line which may potentially provide expanded State supported access services. Apparently, to this point, access to the DPI Line has been limited to public school faculty, students and volunteers. The expansion of the information system presents the question of whether access may be provided to other groups such as parents, non-public school educators and commercial enterprises.
The License between the State of Delaware and the Internet access provider provides that the State shall not assign any rights under the agreement without the written consent of the network access provider. The License further requires the State to observe an acceptable use policy. The acceptable use policy of the provider prohibits use of the system for commercial activities or private/personal business. The State's acceptable use policy prohibits use of the network for revenue generating activities and private or personal business with a commercial or profit motive. Consequently, both the contract provisions and the applicable acceptable use policies incorporated into the License preclude the State from granting access for either commercial activity or personal business.
Moreover, pursuant to 29 Del. C. ch. 63, subchapter IV, OIS