Re: DMCA Infringement Handling

[James Farr '05 <jfarr () UTICA EDU>]

Answers below


1) What is your charge or penalty for first and repeat infringement?  1st
offense no charge.  2nd and future offenses are undefined.  I believe we
were thinking $25-30 for the 2nd offense, increasing by that amount for each
offense.
2) When do disciplinary staff intervene?  first time or repeats?  1st
offense you meet with the ISO, for education.  Disciplinary starts with
second offence.  We treat this as a violation of the student code so it
handled just like any other repeat activity.  So at that point IT is not
part of the disciplinary process.
3) How long do you deny network access? 1st offense.  They only loose access
if they refuse to meet with the ISO. 2nd offense: until the student meets
with us and pays the fee.  We have not set a number.  Now that I looked at
the policy we better make up a number.  
4) If a student has multiple devices, do you deny access to all devices or
just the one implicated in the complaint? We deny access to the students
personal devices.  They are still allowed to use labs for school work.
5) Who was involved in the approval process for your procedures?  Campus
attorney, ISO, VP for academic affairs.
6) How much pushback to you get from users who receive infringement notices?
We get little push back.  Most users know what they did.  They may be
surprised that they got caught and their neighbor did not.  
7) Do you have an appeals process that has ever given an infringing user any
relief? Mistakes can happen.  If a student is adamant that there is a
mistake we will look into it again.  If we are certain of our findings there
is no appeal for the first offense.  Since future offenses are dealt with as
student conduct issues they can appeal those decisions like any other
charge.
8) May I use your institution name along with your other responses in my
report to the administration? Yes

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)  We have not yet seen any
complaints from the pornography industry.  That is a conversation I am not
looking forward to having.

Thanks for any info you are willing to share.

Bob Bayn          (435)797-2396            IT Security Team
We will never send you email asking for your password
(never, never, never with this one exception: NEVER!)
Office of Information Technology, Utah State University
       http://tinyurl.com/bicyclists-share-kidneys-v2-0
        USU employees - join the Phirst Phish Contest
     http://it.usu.edu/security/htm/phirst-phish-contest=