Re: DMCA Infringement Handling

[Ed Zawacki <edz () UIC EDU>]

On 9/15/2011 3:30 PM, Bob Bayn wrote:
> We are considering revising our DMCA infringement handling procedures, especially with regard to repeat infringers.
>
> I wonder what everybody else is doing with these issues?
>
> We match up the complaint with our IP>Etnernet assignment and network traffic logs.  I forward the complaint to the 
> student and disable their ethernet card registration.  They are required to pay $50 and give an assurance that the 
> infringing file(s) and filesharing software have been removed.  I then re-enable their ethernet card registration for 
> access to our network.
>
> Repeat infringers get the same procedure except that they also are referred to the VP for Student Services for some 
> sort of an appointment.  I do not know what happens in that appointment.
>
> Would you share with me, so I could tabulate it and present the options others use to our administration:
>
> 1) What is your charge or penalty for first and repeat infringement?
Penalty is suspension from the network until we can talk to them about
copyright and they then confirm that they
have removed all illegal content and p2p filesharing.
> 2) When do disciplinary staff intervene?  first time or repeats?
Student affairs becomes involved in all cases after the first.
> 3) How long do you deny network access?'
For first time offenders, until they talk to security and confirm
removal. For further incidents, access is
denied pending the outcome of the student affairs case.
> 4) If a student has multiple devices, do you deny access to all devices or just the one implicated in the complaint?
All devices. We suspend wired/wireless privs and filter all mac addresses.
> 5) Who was involved in the approval process for your procedures?
Um...the security group.
> 6) How much pushback to you get from users who receive infringement notices?
Not much other than the usual: denial, blatant disregard for the
legality, and the occasional sincere sorry. ;)
> 7) Do you have an appeals process that has ever given an infringing user any relief?
As the hurdle to be reinstated for a first offense is not significant
and future offenses are handled by student affairs, no.
> 8) May I use your institution name along with your other responses in my report to the administration?
Sure.
> Finally, a slightly separate question:
> 9) Do you ever get complaints forwarded from an agent of the pornography industry?  (we have seen a few recently)
Occasionally. Oddly, they seem just as likely to skip the DMCA process
and go straight to a subpoena.


> Thanks for any info you are willing to share.
>
> Bob Bayn          (435)797-2396            IT Security Team
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