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:

1. An annual disclosure to students describing copyright law and campus policies related to violating copyright law.
2. A plan to "effectively combat" copyright abuse on the campus network using "one or more technology-based deterrents."
3. 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

• Letter from the Vice President and Vice Provost for Libraries and Technology Services
• Brandeis Computer Policy
• Brandeis Student Rights and Community Standards

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.

1. Bandwidth shaping
2. Traffic monitoring to identify the largest bandwidth users
3. A vigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices
4. 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.
• 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.

File Sharing Letter