The new law requires institutions to make disclosures to students about institutional policies and sanctions related to copyright infringement. In addition, an institution must certify it has developed plans to combat the unauthorized distribution of copyrighted material (including the use of technology-based deterrents) and will, to the extent practicable, offer alternatives to illegal downloading.
This provision went into effect when the bill was signed into law on August 14, 2008. It is subject to negotiated rulemaking, so specific regulatory guidance may be provided in the future. In the meantime, institutions must make a “good faith” effort to comply with the law.
From: The EDUCAUSE CIO Constituent Group Listserv On Behalf Of Steve Worona
Sent: Tuesday, August 12, 2008 12:42 PM
To: CIO@LISTSERV.EDUCAUSE.EDU
Subject: [CIO] EDUCAUSE Memo on P2P Provisions in the Higher Education Act
Dear Colleagues:
Congress recently passed H.R. 4137, the Higher Education Opportunity Act, a massive piece of legislation to reauthorize the Higher Education Act that the President will soon sign into law.
This legislation imposes an array of new federal regulatory and reporting requirements for colleges and universities. Two of these provisions are designed to reduce illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing on campus networks. These and many other provisions of the Act go into effect when the President signs the bill. Institutions must take their obligations under the Act seriously and make a good faith effort to comply--as they would with any new federal law. But the law is unclear in certain respects, and ambiguities will need to be clarified through the regulatory process.
EDUCAUSE, along with ACE, AAU, and NASULGC, have prepared a memo summarizing what the law will require, what happens next, and what you should do now. The memo also includes the relevant portions of the Act, as well as the report language that accompanies and clarifies the law. That memo is posted at http://net.educause.edu/ir/library/pdf/epo0815.pdf
As noted in the memo, the Department of Education will hold a series of regional meetings to hear comments on how the new law should be implemented in regulations. EDUCAUSE will track this process and will call on interested member institutions to play an appropriate role in these regional meetings.
All comments and questions are welcome.
Sincerely,
Mark Luker
Vice President, EDUCAUSE
