UND Compliance with the Higher Education Opportunity Act Peer-to-Peer File Sharing Requirements
The Higher Education Opportunity Act includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted material through peer-to-peer (P2P) file sharing. These provisions include requirements that:
- Institutions make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and punish illegal distribution of copyrighted materials.
- Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyrighted materials.
- Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.
- Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.
UND recognizes and respects the intellectual property rights of copyright holders, and believes students, faculty, and staff should maintain the highest standards of legal and ethical conduct. This plan outlines the University’s strategy for reducing illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing on our campus network.
Disclosure to Students
- The Information Technology (IT) Security Officer, in coordination with the Office of the CIO, sends an email to students at the beginning of the Fall and Spring semesters to inform them of:
- The civil and criminal penalties that may result from the unauthorized distribution of copyrighted material in violation of Federal copyright laws.
- UND’s Digital Millenium Copyright Act (DMCA) Policyregarding the unauthorized distribution of copyrighted materials, including the disciplinary actions that may result from violating this policy.
- In order to use UND computing resources, all students complete an Acceptable Use Quiz that includes information on copyright compliance
When a student logs into the UND network, they are given the option to review UND policies which include information on copyright compliance and UND’s policy regarding the Digital Millennium Copyright Act (DMCA)
UND’s policies and procedures concerning the DMCA and our response to infringement claims are published on UND’s IT Security website.
UND’s Code of Student Life, distributed to all students, includes UND’s policy concerning DMCA and copyright compliance.
Plans to Effectively Combat the Unauthorized Distribution of Copyrighted Material
- UND has made available a FileSharing@UND website which gives an overview of peer-to-peer file sharing, explains how to ensure compliance with the law, provides a frequently asked questions (FAQ) section, and offers some legal alternatives for online music and media.
UND enforces the institution’s DMCA Policy and follows the institution’s DMCA Procedures to respond to DMCA notices and the unauthorized distribution of copyrighted materials. The UND DMCA policy, among other things, describes the escalating disciplinary actions that may result from the unauthorized distribution of copyrighted materials:
- First violation: The alleged infringer will be notified by email and must remove the copyrighted material. Access to the UND network by the computer referenced in the complaint may be disabled if the material is not removed in a timely manner.
- Second violation: Access to the UND network by the computer referenced in the complaint will be immediately disabled. The alleged infringer will be notified by email and must remove the copyrighted material. If the material is not removed in a timely manner, the individual will be referred for potential disciplinary action. If the material is removed, access to the UND network for the computer will be restored and the infringer will then be required to complete the DMCA and Copyright Educational Program.
- Third violation Access to the UND network by the computer referenced in the complaint will be immediately disabled. The alleged infringer will be notified by email and sent a notification in a written letter and must remove the copyrighted material. If it is determined the individual was indeed infringing, they will be immediately referred for potential disciplinary action. Access to the UND network by the computer referenced in the complaint will be blocked pending the outcome of the disciplinary procedures.
- UND uses a bandwidth management device to identify peer-to-peer traffic and limit (shape) the network bandwidth given to peer-to-peer traffic.
Offering Alternatives to Illegal File Sharing
UND maintains a list of legal alternatives for downloading music, video, and other media at http://itsecurity.und.edu/file-sharing/alternatives.html.
Periodically Reviewing Effectiveness
Annually, the CIO, the IT Security Officer, General Counsel, Dean of Students, and/or their representatives meet to review the effectiveness of the copyright plan. Overall campus awareness, technology changes, P2P traffic increases/decreases, recidivism, and frequency and amount of takedown notices are all taken into account. If the metrics suggest that modification to the plan is needed a recommendation is made, reviewed, and implemented.