Re: RIAA Preservation Letter

[Sarah Stevens <sarah () STEVENS-TECHNOLOGIES COM>]

I believe that there are also two sides to the story.  What about the risk of the student not "knowing" that they are 
subject to adverse actions for not complying with these regulations?  I believe that the University also has an 
obligation to notify the student of what information will be kept and how it will be kept.

________________________________

From: Theresa Semmens [mailto:theresa.semmens () NDSU EDU]
Sent: Tue 5/15/2007 10:57 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] RIAA Preservation Letter



How can we treat it as a "Take Down Notice," when we don't know what the
copyright infringed media is?  For "Take Down Notices,"  the infringed media
is listed along with the p2p application that was used to share the media.
In the preservation notice, we don't have any knowledge of what is being
infringed. 

Futher more, if we go through the take down process, this involves removing
copyright infringed materials from the offending computer.  Won't this be
against the preservation principle?  Can we be liable for removing said
"evidence?" 

Theresa Semmens, CISA
NDSU IT Security Officer
PO Box 5164
North Dakota State University
Fargo, ND
Phone: 701-231-5870
FAX: 701-231-8541
Theresa.Semmens () ndsu edu

"Opportunity is missed by most people because it is dressed in overalls and
looks like work."  Thomas Edison

-----Original Message-----
From: Dick Jacobson [mailto:Dick.Jacobson () NDSU NODAK EDU]
Sent: Tuesday, May 15, 2007 12:52 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: [SECURITY] RIAA Preservation Letter

This just does not want to go away. 8-0

I have been asked to put together a procedure for responding to the
different notices from the copyright holders or their agents and to find
out what others are doing.  The discussions now are with the attorneys
(plural).

The Takedown notices and Pre-Litigation notices are not causing as much
conversation as the Preservation notice.

First, it is understood that we are under no obligation with regard to
these notices and will not alter our log retention practices from our
stated policy in order to accomodate the notice.

Not so clear is if we should identify the individual and notify the
individual that we received the notice.

One of the attorneys has suggested that the Preservation notice gives us
knowledge of the activity and we should treat it the same as a Takedown
notice.

I am interested in both your thoughts and your stated process for these.

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