HEOA Peer-to-Peer File Sharing Requirements

Augustana University Compliance with the Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements

Information Technology Services (ITS) at Augustana University has taken the following steps in order comply with the HEOA regulations. Following are the main requirements with a brief explanation following each one stating what action steps Augustana University is taking:

1. Make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject students to criminal and civil penalties and that describes the steps Augustana will take to detect and punish illegal distribution of copyright materials.

ACTION: New students are given the opportunity to attend a session during freshman registration in which ITS staff highlights illegal file sharing and copyright law. Again, during New Student Orientation copyright infringement and other common policy violations that result through technology are highlighted and discussed.

Annually, at the start of each school year a joint message will be sent to all currently enrolled students from the Dean of Students and the CIO informing students about the university policy related to the use of copyrighted material and the steps the university will take to enforce its policies.

2. Certify that we have developed plans to effectively combat the unauthorized distribution of copyright material.

ACTION: Augustana University uses a NetEnforcer to manage bandwidth utilization on campus. The policy set greatly limits the ability of peer-to-peer file sharing. In addition by default all inbound ports to client computers on campus are blocked at the internet firewall. This prevents computers from acting as servers or super nodes in peer-to-peer networks. While ITS monitors the volume and protocol of network traffic it does not monitor the content of any traffic on the campus network.

The University’s DMCA Policy also addresses the steps to be followed in responding to DMCA notices.

Augustana University’s Code of Conduct also addresses the Responsible Use of Technology Resources. Engaging in any activity that violates the intended use of campus technology may result in the loss of technology privileges. Student violations will be reported to the University's judicial system through the Dean of Students office, Faculty and Staff violations will be reported to Human Resources.

3. “To the extent practicable,” offer alternatives to illegal file sharing.

ACTION: Augustana is linking to the EDUCAUSE provided listing of Legal Downloading resources. The Educause website provides links to sites that provide numerous options for obtaining music, videos, and other digital content in a legal manner. Members of the Augustana community are encouraged to take advantage of these legitimate sources of digital content.

4. Identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.

ACTION: These steps will be reviewed annually by ITS and the Dean of Students Office in June and revised as necessary to remain in compliance. Based on the monitoring data that ITS collects relative to network traffic as well as the volume of DMCA notices received, the review will assess the overall effectiveness of the University’s policy and procedures to promote the legal use of copyrighted materials. Any changes to the policy and/or procedures will take effect at the commencement of the following academic year.