Educause Security Discussion mailing list archives

Re: How do you handle the P2P problem?


From: Bob Kalal <kalal.1 () OSU EDU>
Date: Thu, 13 Nov 2003 12:20:28 -0500

I agree with with Dan and am also not an attorney, but thereAt 9:39
AM -0600 11/13/03, Dan Updegrove wrote:
Colleagues,

I'm not an attorney, but I think we need to challenge some of the
assumptions in these posts:

snip ...

* The notion that a *campus* could face legal liability for P2P traffic
appears to me to violate the basic premises of the Digital Millennium
Copyright Act (DMCA), which provides a "safe harbor" for Internet Service
Providers, including campuses providing network services to non-employees.


I agree with with Dan's points and am likewise not an attorney,
but there is also the potential for immunity from liability
under the 11th amendment for public universities that are
integral parts or instrumentalities of their state government.

Bob Kalal

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