June 1, 2012

Implementation Plan for Combating Illegal File Sharing

Compliance with the P2P Provisions of the HEOA

University of California Santa Barbara

The Higher Education Opportunity Act (HEOA) Peer-to-Peer (P2P) provisions require universities to develop and implement “written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network without unduly interfering with the educational and research use of the network.” This document is UCSB's plan to satisfy this HEOA requirement.

Plan Outline

1. Introduction 3
   
   

2. Technology-Based Deterrents 3

1. Bandwidth Shaping

2. Traffic Monitoring

3. DMCA Notice Response
   
   

3. Community Education and Annual Disclosure to Students 4

   1. Mechanisms for Educating the Community
      
      

4. Legal Alternatives to Illegal File Sharing 5
   
   

5. Periodic Review of Plan and Assessment Criteria 5

1. Procedures

2. Assessment Criteria

I. Introduction

The University of California, Santa Barbara Campus (UCSB) is committed to upholding U.S. copyright law. As an Internet Service Provider under the meaning of the Digital Millennium Copyright Act (DMCA), UCSB does not monitor its networks for the purpose of discovering illegal activity. However, UCSB pursues a set of ongoing initiatives to ensure that copyright, particularly as it applies to digital assets, is respected within the Campus community. The initiatives at UCSB relevant to the HEOA are described as follows in this plan.

II. Technology-Based Deterrents

University of California campuses have developed various network management strategies to balance the many and competing demands placed on network resources. Under provisions of the DMCA and as a matter of University policy, the University does not routinely search for illegal activity that may occur over its networks. UCSB employs the following technology-based deterrents.

1. Bandwidth shaping

2. Traffic monitoring to identify the largest bandwidth users

3. A vigorous program of accepting and responding to DMCA notices

A. Bandwidth Shaping

UCSB residence halls and the campus wireless network use bandwidth-shaping technologies to enable network administrators to help reserve network access primarily for purposes in alignment with the University's mission. Other uses of the network, unless illegal or against policy, are also permitted. Such capacity management tends to have a deterrent effect on the illegal file-sharing of large files.

B. Traffic Monitoring

Network administrators pay attention to network traffic patterns as one method to manage the network and ensure its security, reliability and availability for uses in alignment with the University’s mission. In the process, administrators identify anomalies in traffic, such as spikes in usage, and follow up as appropriate.

C. DMCA Notice Response

UCSB implements an active program for responding to copyright infringement allegations. The institution follows system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA) http://www.ucop.edu/irc/policy/dmcaguide.html. In accordance with established procedures, UCSB has a DMCA agent and designated DMCA e-mail account, which are on file with the US Copyright Office. When UCSB receives DMCA notices of alleged copyright infringement, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed, as per the specifics of the case. Repeat offenders are blocked from using the network for a period of time.

III. Community Education and Annual Disclosure to Students

UCSB conducts an ongoing educational campaign to inform the UC community – especially students – about UCSB's commitment to upholding copyright law, deterring copyright infringement, and compliance with legal and regulatory requirements. These educational activities include the following:

A. Mechanisms for Educating the Community

• Orientation. Illegal file sharing is addressed during student orientation sessions.

• Account authentication. Illegal file sharing is addressed as part of the authentication process when students are given network access.

• Acceptable use policy. Acceptable use policies define what activities are allowed or prohibited on the networks. Residential network users must agree to abide by the ResNet Responsible Use Policy, which includes language specifically prohibiting copyright infringement, prior to being granted network access.

• Residence hall activities. Fliers, posters and table-tents are routinely posted containing advisories against copyright infringement.

• Informational Web sites. Web sites such as http://www.housing.ucsb.edu/resnet/dmca.htm, http://www.ucop.edu/irc/policy/copyright.html and www.universityofcalifornia.edu/shareright advise students, campus staff, and the public about the University’s policies in this area.

• Policy. The University of California Electronic Communications Policy (ECP) prohibits the use of University electronic communications resources for unlawful activities and requires adherence to applicable laws and University policies regarding copyright.

IV. Legal Alternatives to Illegal Filesharing

UCSB's CIO is responsible for periodically reviewing and providing access to the UC community to legal options for obtaining electronic content, including movies and music. Currently, UCSB refers the campus community to the list of legal alternatives maintained by EDUCAUSE at http://www.educause.edu/Resources/Browse/LegalDownloading/33381.

V. Periodic Review of Plan and Assessment Criteria

Beginning academic year 2012-2013, UCSB will conduct an initial review of its plan for combating copyright infringement. Subsequent reviews will be conducted on biennial basis. No single criterion is used to determine whether or not the plan is effective; a range of factors are considered in the context of the changing, external environment. The assessment may include the following considerations:

• Survey of user community regarding effectiveness of education materials.

• Periodic review and update of educational materials (Web, print, etc.) for user friendliness / clarity / organization / pertinence / accuracy.

• Review of recidivism – whether there are few or many repeat offenders (in comparable circumstances) – and its causes.

• Review of other institutions’ practices to determine if there are different approaches worth exploring and that are appropriate to the campus’s environment and policies.

• Review of the technical, social, and legal trends that may alter the number of complaints received.