Combating Copyright Infringement HEAO P2P Assessing First Year Effectiveness

Jerry BishopTheHigherEdCIO

HEOA P2P Assessment by Jerry Bishop is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License.

WHAT’S REQUIRED – THE LAWBrief summary of the essential elements

Combating Copyright Infringement

• Authority: 34 CFR 668.14(b)(30)• Effective July 1, 2010• Condition of any Title IV HEA program• Institutions must

– Develop Institutional Plans– Implement Technology Deterrents– Offer Legal Alternatives

Institutional Plans

“…Develop & implement written plans to combat unauthorized distribution of copyrighted materials by users of the institutions network without unduly interfering with the educational and research use of the network.”

• Components– Use of one or more technology-based deterrents– Educating community on appropriate use of copyrighted

material– Procedures for handling unauthorized distributions, including

disciplinary procedures– Procedures for reviewing effectiveness of the plan

Technology Deterrents

• Bandwidth shaping• Traffic monitoring• Accepting & responding to DMCA notices• Commercial products to block illegal file

sharing

Legal Alternatives

• Authority: 34 CFR 668.14(b)(30)• Offer legal alternatives to illegal downloading

or acquiring copyrighted materials– Where to buy content commercially– Where to find free to use content

• Periodic reviews of alternatives are required

Consumer Information

• Authority: 34 CFR 668.43(a)(10)• Provide upon request institutional policies and sanctions

related to unauthorized distribution of copyright materials

• Must include:– Explicitly inform students of civil and criminal liabilities

associated with violations– Include summary of penalties for violations of Federal

copyright laws– Describe policies and disciplinary actions taken for violations– Provide one-to-one annual notice to students

ASSESSING PLAN EFFECTIVENESSTips for gauging your current risk exposure

Plan Effectiveness

• You do not have to be an investigator• Operational Portion

– Review written plan and assessment portion– Review related policies and procedures– Review handling of a sample of suspected violations

• Technical Portion (really optional)– Search for known file sharing applications– Scan network drives for signs of collections– Check web filtering or blocking tools

Query Results from SCCM

• Peer-2-Peer Programs on Staff Computers– uTorrent 1– BitTorrent 1– Bitvise Tunnelier 1– FileZilla 9– Others likely exist but do not register

• Remember, having the application alone it not a violation – there are legitimate uses

Scan Storage Volumes

• Use disk tools to scan for common filetypes• Check sampling of directories with unusually

large volumes of content– Users home directories and departmental folders

• Remind college of policy and prompt for clean-up– Include volume and drive data to illustrate– Watch for shifting content between locations

• Follow-up with Pre and Post clean-up results

S:\ Drive Access Dates by Size

May 2011April 2011

S:\ Drive Folders SizesApril 2011 May 2011

S:\ Drive by Filetypes

140 GB .mpg and 93.4 GB .mp3 removed111 GB .avi increased

April 2011 May 2011

Review Web Traffic for P2P Sites

QUESTIONS?Jerry Bishopblog.thehigheredcio.com