Re: DMCA Infringement Handling

[John Ladwig <John.Ladwig () CSU MNSCU EDU>]

Unless and until something like a 3-strikes law is passed, as some countries are trying.

    -jml

-----Original Message-----
From: Doty, Timothy T.
Sent: 2011-09-15 16:41:45
To: Doty, Timothy T.;The EDUCAUSE Security Constituent Group Listserv
Cc: 
Subject: Re: [SECURITY] DMCA Infringement Handling


True, the DMCA does not require that you "disable" someone - that would
probably be illegal J

To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Infringement Handling

 

A couple of thoughts (along with our 'policy' URL for students and
copyright):

1) Neither DMCA nor HEAO requires you fine or disable anyone on a first
offense.  You must take 'action' for 'repeated' violations.

2) A policy that takes some kind of 'action' (fines or disable network
access) on the first DMCA complaint seems to violate the concept of innocent
until proven guilty.  Something that I doubt institutions of higher learning
in the United States should be doing (my opinion).

3) We have noticed that more and more of our DMCA notices are for IP
addresses outside of the student networks.  Do you 'fine' faculty and staff
members as well?

4) Be sure your institutions policy covers your requirements pursuant to the
HEOA P2P section.  And then be sure you follow your policy!

5) Our student policy URL: http://sts.wustl.edu/index.php?option=com_content
<http://sts.wustl.edu/index.php?option=com_content&view=article&id=59&Itemid
=69> &view=article&id=59&Itemid=69

 

Matt

______________________________________ 
Matthew K. Arthur, CISSP | Director - Media Services & Incident
Communications Solutions
Information Services & Technology | Washington University in St. Louis
Campus Box 1110, 7425 Forsyth Blvd, St. Louis, MO 63105-2161
314.935.3899 o | 314.323.9246 c | arthur () wustl edu

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> -----Original Message-----

> From: The EDUCAUSE Security Constituent Group Listserv

> [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Bob Bayn

> Sent: Thursday, September 15, 2011 3:30 PM

> To: SECURITY () LISTSERV EDUCAUSE EDU

> Subject: [SECURITY] DMCA Infringement Handling

>

> We are considering revising our DMCA infringement handling procedures,
especially with

> regard to repeat infringers.

>

> I wonder what everybody else is doing with these issues?

>

> We match up the complaint with our IP>Etnernet assignment and network
traffic logs.  I

> forward the complaint to the student and disable their ethernet card
registration.  They are

> required to pay $50 and give an assurance that the infringing file(s) and
filesharing

> software have been removed.  I then re-enable their ethernet card
registration for access to

> our network.

>

> Repeat infringers get the same procedure except that they also are
referred to the VP for

> Student Services for some sort of an appointment.  I do not know what
happens in that

> appointment.

>

> Would you share with me, so I could tabulate it and present the options
others use to our

> administration:

>

> 1) What is your charge or penalty for first and repeat infringement?

> 2) When do disciplinary staff intervene?  first time or repeats?

> 3) How long do you deny network access?

> 4) If a student has multiple devices, do you deny access to all devices or
just the one

> implicated in the complaint?

> 5) Who was involved in the approval process for your procedures?

> 6) How much pushback to you get from users who receive infringement
notices?

> 7) Do you have an appeals process that has ever given an infringing user
any relief?

> 8) May I use your institution name along with your other responses in my
report to the

> administration?

>

> Finally, a slightly separate question:

> 9) Do you ever get complaints forwarded from an agent of the pornography
industry?  (we

> have seen a few recently)

>

> Thanks for any info you are willing to share.

>

> Bob Bayn          (435)797-2396            IT Security Team

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