Re: [ACUPA] DMCA subpoenas have arrived . . .

[Dick Jacobson <Dick.Jacobson () NDSU NODAK EDU>]

On Fri, 11 Jul 2003, Tracy Mitrano wrote:

I saw the question but have not seen an answer ..

How were these served ??  On the President ?  On the DMCA Agent ?  On
someone else ?

> Hi Jack,
>
> My sympathies to your school, although it is only a matter of "there but
> for the grace of god go we", i.e. a matter of time, before we all face this
> matter.
>
> We are here at the EDUCAUSE/Cornell Institute for Computer Policy and Law
> and have talked extensively about this issue.  First we have learned that
> you are not alone. I believe that Northwestern has also received some
> "Verizon" type subpoena, and I think I have heard of some more.
>
> After the circuit court decided the case on Verizon I have pushed hard on
> this issue by querying anyone and everyone whom I believed had expertise in
> this area.  Recognizing the legal posture of this issue, I have focused on
> the question of whether there is a policy response that higher education
> might want to give based on some very general principles of "academic
> freedom" or "the spirit of FERPA."   My conclusion is that none of these
> arguments are adequately tenable as a legal matter.  Given the totality of
> circumstances and including the fact that higher education should not be in
> the business of protecting flagrant offenders of federal law, upon
> ascertaining that the subpoena is in proper legal order, campuses should
> comply.
>
> The next issue is whether to inform the individual whose name is
> requested.  FERPA requires such notification unless the subpoena
> specifically restricts that the institution do so.  Whether the name is an
> "educational record" is questionable, however, and probably not, but nor
> does it appear that the subpoenas specifically restrict notification
> either.  It is up to the institution, and the only thing I would recommend
> is that institutions figure out in advance:
>
> (1) its routing of legal papers protocol;
> (2) compliance procedures;
> (3) whether the institution will notify the individual and
> (4) how to do so appropriately.
>
> Please, everyone, keep us posted!
>
> Tracy
>
>
>
>
>
>
> At 06:21 PM 7/9/2003 -0500, you wrote:
> > Good evening
> >
> > I want to let you know that we at Loyola Chicago have received our first
> > subpoena issued on behalf of the Recording Institute Association of
> > America (RIAA) accompanied by a DMCA notification of copyright
> > infringement.
> >
> > Are we alone here on this?
> >
> > The subpoena delivered by a process server in person directed that the
> > University provide the names, addresses, telephone numbers and e-mail
> > address, of persons assigned to a specific IP address.
> >
> > After discussion with our colleagues in student affairs and general
> > counsel, we opted to comply with the subpoena and to send an e-mail to the
> > persons assigned to the IP address (indicated in the subpoena) advising
> > them about the DMCA notice of copyright infringement and about subpoena --
> > after checking to see whether the persons involved (who are students
> > currently enrolled in our summer session) had placed a hold on the release
> > of their directory information.
> >
> > Regarding students who have placed a hold on the release of their
> > directory information we still plan to advise the student but give the
> > student time to contact the counsel for groups such as RIAA to contest the
> > subpoena.  We will need to contact the counsel to request additional
> > time to enable us to comply with the subpoena.
> >
> > I expect that this is the beginning of a new campaign by groups such as
> > the RIAA to deal with students making available copyright materials on the
> > Internet using the university network resources.  I had anticipated this
> > action after the announcement of the Verizon decision but not so soon.
> >
> >
> > As I had asked at the beginning of this note, are we alone?  If not, what
> > has been your experience?
> >
> > Ciao!
> >
> > Jack

--

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Dick Jacobson                   e-mail : Dick.Jacobson () ndsu NoDak edu
ND HECN MultiUser Host SysAd    office : IACC 206, NDSU
NDUS IT Security Officer        phone  : 701-231-7385
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