Re: How do you handle the P2P problem?

["Bruhn, Mark S." <mbruhn () INDIANA EDU>]

As far as I know, The Ohio State University is the only campus to use
that argument, and we're just waiting for that to be tested over there.
:) 

-- 
Mark S. Bruhn, CISSP, CISM

Chief IT Security and Policy Officer
Associate Director, Center for Applied Cybersecurity Research
(http://cacr.iu.edu)

Office of the Vice President for Information Technology and CIO
Indiana University
812-855-0326

Incidents involving IU IT resources: it-incident () iu edu
Complaints/kudos about OVPIT/UITS services: itombuds () iu edu




-----Original Message-----
From: The EDUCAUSE Security Discussion Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Bob Kalal
Sent: Thursday, November 13, 2003 12:20 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] How do you handle the P2P problem?


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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