Peer-to-Peer File Sharing
Statement of Compliance with Peer-to-Peer File Sharing Requirements in the Higher Education Opportunity Act of 2008
The Higher Education Opportunity Act of 2008 specifies that Universities must address the following to discourage copyright abuse on their campuses:
- An annual disclosure to students describing copyright law and campus policies related to violating copyright law.
- A plan to "effectively combat" copyright abuse on the campus network using "one or more technology-based deterrents".
- Agreement to "offer alternatives to illegal downloading".
Brandeis University was in compliance with these requirements even before these regulations were enacted, is compliant with these requirements today, and has an active, ongoing program to remain in compliance with these requirements going forward.
The Brandeis compliance program first and foremost focuses on educating members of the community regarding copyright laws and the University's commitment to respecting intellectual property rights.
Education, Training and Security Awareness Programs
In addition, Brandeis University employs multiple technological and procedural deterrents that reinforce policies and programs regarding protecting intellectual property and identifying potential misuse.
The regulation identifies the following "technology based deterrents" to effectively combat the unauthorized distribution of copyrighted materials.
- Bandwidth shaping
- Traffic monitoring to identify the largest bandwidth users
- A vigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices
- A variety of commercial products designed to reduce or block illegal file sharing
Brandeis employs the following technological and procedural deterrents:
- Network Registration and Computer Policy Agreement
Use of the Brandeis network requires registering the MAC address of the network card of each computer, associating that MAC address with an individual and an explicit check box agreement by the registrant that they have read and agree to comply with the Brandeis Computer Policy.
- Network Bandwidth Usage Monitoring Program
Continuous, automated monitoring occurs for every Brandeis network connection for total bandwidth consumption with automatic network shut-off when daily or weekly bandwidth consumption limits are exceeded.
- Brandeis DMCA Agent and Forwarding of Notices, Letters, Agreements, etc.
Library and Technology Services Information Security serves as the DMCA agent for Brandeis University and matches IP addresses on takedown notices with network connectivity records and serves notices to alleged offenders. In cases of suits and pre-settlement letters Information Security also notifies Brandeis Office of General Counsel.
- Progressive Discipline for Offenders: Warning, Shutoff, Meeting, Education, Conduct
Library and Technology Services Information Security also works closely with Student Conduct Office to identify and educate individuals who consume excessive bandwidth or who receive DMCA takedown notices from RIAA, MPAA or other copyright holders with progressively more severe discipline for repeat offenders.
Dennis Devlin
Chief Information Security Officer
Library and Technology Services
(Updated November, 2009)
