Re: Do you block P2P ? (higher ed act reauthorization)

[Michael Sinatra <michael () RANCID BERKELEY EDU>]

On 09/03/09 12:53, Basgen, Brian wrote:
> > IANAL, but I'd be concerned that blocking p2p based on what your IPS
> > thinks is p2p could erode the "safe-harbor" umbrella DMCA provides your
> > institution.  Because you are actively policing traffic that is
>
>  The reauthorization to the Higher Education Act Reauthorization of 2008 mandates that institutions have policies 
> regarding P2P. It states that this may include "technology deterrents".
>
>  This lead us to include that blocking P2P via our IPS was a reasonable route.

Blocking is only one of the four main deterrents (UCB already does the
other three).  As I read the blog entry that Steve W. sent out, it looks
like one only needs to do one of the four.  I am still concerned that,
to the extent that you are trying to block illegal p2p traffic, you
might run afoul of the DMCA safe-harbor provision.  And it wouldn't be
the first time that Congress passed contradictory legislation.

However, as others have pointed out on this list, blocking p2p wholesale
as a way of basically saying "legitimate or not, this is not traffic
that our network can support" probably won't cause any problems DMCA-wise.

In terms of controlling symptoms and not the disease, one consequence of
blocking within the campus or reshall border is likely to be an increase
in illegal file-sharing within your resnet.  But since p2p is blocked,
the RIAA won't be able to see it and take action.  Students are smart,
and they will work around obstacles.  They will even use VPN technology
to circumvent blocks.  I am not prescribing or proscribing any actions,
just pointing it out.

michael